Terms of Service:

Welcome to ConfettiHeads!

ConfettiHeads Inc., (“ConfettiHeads,” “we,” “us,” “our”) provides its services (described below) to you through its website located at confettiheads.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page. We may (but not necessarily) also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Services. You agree to periodically review the Terms of Service (as may be modified from time to time) in order to be aware of any such modifications, and your continued use of the Services shall be your acceptance of these.

BY USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THESE TERMS OF SERVICE AND OUR PRIVACY POLICY, FOUND AT HTTPS://WWW.CONFETTIHEADS.COM/CONFETTIHEADS-PRIVACY-POLICY/ (THE “PRIVACY POLICY”), INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SERVICES.

Key Terms

“User” “you” or “your” means a person, organization or entity using the Services, including Participants and Instructors.

“Participant(s)” means a person, or in the case of a child, parent or legal guardian, who completes ConfettiHeads’ account registration process to purchase Classes on the Site for the purpose of enrolling themselves or their child.

“Instructor(s)” means a person who completes ConfettiHeads’ account registration process to sell Classes on the Site.

“Class(es)” means any online class(es), online clubs, or online entertainment services submitted by an Instructor and made available to Participants on the Site.

Access and Use of the Service

Services Description: ConfettiHeads’ Service is an online marketplace for Classes, designed for Participants to find and book Classes for the benefit of themselves or their child or children, and for Instructors to market, sell and conduct their Classes. As the provider of an online marketplace, ConfettiHeads does not own, create, sell, resell, control, or manage any Classes. ConfettiHeads’ responsibilities are limited to: (i) providing the Site and related Services as an online marketplace and platform to facilitate the sale, purchase, and conduct of Classes, and (ii) serving as the limited agent of each Instructor for the purpose of accepting payments from a Participant on behalf of the Instructor. There are risks that you assume when dealing with other Users (including those who may be acting under false pretenses). While ConfettiHeads strives to provide a safe and inclusive environment for its Users, you agree that all of these risks are ultimately borne by you, and not ConfettiHeads. ConfettiHeads does not control the behavior of Users or the quality of the Classes. As a result, ConfettiHeads cannot guarantee the authenticity, quality, safety, legality, or appropriateness of the Classes.

Your Registration Obligations: You will be required to register with ConfettiHeads in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be of legal age to form a binding contract to register for the Service (in many jurisdictions, this age is 18). If you are not yet of legal age to form a binding contract, then you must get your Parent or legal guardian to read these Terms of Service and agree to them for you before you use the Service. If you are a Parent or legal guardian and you provide your consent to your child’s use of the Service, then you agree to be bound by these Terms of Service with respect to your child’s use of the Service.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ConfettiHeads of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. ConfettiHeads will not be liable for any loss or damage arising from your failure to comply with this Section.

Modifications to Service: ConfettiHeads reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ConfettiHeads will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage: You acknowledge that ConfettiHeads may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on ConfettiHeads’ (or a third party licensee’s) servers on your behalf. You agree that ConfettiHeads has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that ConfettiHeads reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that ConfettiHeads reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Class Recordings: Classes that take place through ConfettiHeads’ video chat platform (which may be licensed from a third party) may be recorded (“Class Recordings”). We value Participant and Instructor privacy, and our use of Class Recordings is extremely limited. ConfettiHeads may use Class Recordings to provide and improve our Services, for customer support, and for compliance purposes. ConfettiHeads may retain Class Recordings for up to two years after the date of the applicable Class, subject to our Privacy Policy, after which they are deleted. Notwithstanding the foregoing, ConfettiHeads will also delete Class Recordings earlier than two years under the following circumstances: (a) upon the request of a Participant for the deletion of their or their child’s personally identifiable information, (b) upon the reasonable determination of ConfettiHeads that a Class Recording should be removed to protect the privacy of certain Users or because of violations of these Terms of Service, or (c) if required by applicable law or if ordered to by a court of competent jurisdiction. We will not use Class Recordings containing images of you (or your children) for any other purposes without your express written consent. By using the services, you consent to you and/or your child appearing in Class Recordings for the limited purposes set forth above.

Certain Instructor Obligations

As an Instructor, you must provide ConfettiHeads with any information requested in order for ConfettiHeads to list your Classes through its Services including but not limited to a description of the Classes and the price for the Classes. ConfettiHeads has sole discretion as to which Classes we list on the marketplace and we reserve the right to reject any Classes or remove Classes from the marketplace for any reason. Additionally, ConfettiHeads has discretion to edit Class descriptions as needed to conform them to our marketplace standards, provided that such changes do not render the Class descriptions misleading. ConfettiHeads has sole discretion as to which Instructors are accepted into the marketplace and we reserve the right to reject any potential Instructor and remove or suspend any Instructor from the marketplace for any reason. ConfettiHeads may, but is not required to, conduct background checks on and interviews of Instructors in its discretion and solely for its own benefit. As an Instructor, you agree to provide written and/or electronic consent to such background checks and to participate truthfully in such interviews.

Each Instructor is solely responsible for obtaining all applicable licenses and other permissions required to offer or provide any Classes and ConfettiHeads assumes no responsibility for an Instructor’s failure to obtain such licenses or permissions or otherwise comply with any applicable laws, rules or regulations.

You understand and agree that ConfettiHeads is not an insurer, agent or employer for you as an Instructor. If a Participant purchases any of your Classes, any agreement you enter into with such Participant is between you and the Participant, and ConfettiHeads is not a party thereto. Notwithstanding the foregoing, ConfettiHeads is authorized to serve as your limited agent purely for the purpose of accepting payments from Participants on your behalf and transmitting such payments to you, minus our ConfettiHeads Fee (as defined below). You acknowledge and agree that, as an Instructor, you are responsible for your own acts and omissions while using the Services.

To the extent that you are using the Services as an Instructor, you agree to abide by these Terms of Service and, without limitation, those restrictions set out below under the heading “Conditions of Use”.

Payment Terms

General: Each Participant agrees to pay all applicable fees for Classes (“Enrollment Fees”) as set forth on the Site. All Enrollment Fees are payable in the currency specified on the Site at the time of purchase. You shall be responsible for all taxes associated with the Services other than Canadian taxes based on Company’s net income. Participant hereby authorizes ConfettiHeads to bill Participant’s payment instrument upon confirmation of a purchase, and Participant further agrees to pay any charges so incurred. If Participant disputes any charges you must let ConfettiHeads know within sixty (60) days after the date that ConfettiHeads charges you.

Instructor Payment: ConfettiHeads will pay the Enrollment Fees received from a Participant to the Instructor for each sale of a Class (or set of Classes, as applicable) within a reasonable period of time, minus ConfettiHeads’ service fees equal to 20% of all Enrollment Fees, or as otherwise set out on the Site at the time that the Class is initiated by the Instructor (“ConfettiHeads Fee”). ConfettiHeads will transfer payment of the Enrollment Fees less the ConfettiHeads Fee to the Instructor by Paypal. In order to transfer funds to Instructor’s Paypal account, Instructor shall sign up for a Paypal account. Notwithstanding the foregoing, ConfettiHeads reserves the right to use a payment service other than Paypal, provided that such service provides substantially similar or better features and costs, and provided that ConfettiHeads will provide Instructors with reasonable notice prior to such change. The Instructor is responsible for ensuring that they have an account with Paypal (or such other payment transfer service as may be determined from time to time). ConfettiHeads has discretion to act on behalf of the Participant, and to not transfer the Enrollment Fees to Instructor, if Participant reports that the Classes were not provided or adequately completed. This may include but is not limited to circumstances where an Instructor did not arrive for a Class or a Class was of insufficient quality, did not comply with these Terms of Service or the Class did not substantially conform to the Class description provided by the Instructor. ConfettiHeads will independently review such cases, seeking input from the Participant and/or the Instructor, and may decide at its sole discretion to issue a refund to the Participant (in which case ConfettiHeads shall be under no obligation to make any payment to the Instructor on account of such refunded Enrollment Fees). All determinations of ConfettiHeads with respect to a refund shall be final and binding on the Participant and Instructor. 

Limited Payment Collections Agent: Each Instructor appoints ConfettiHeads as the Instructor’s limited payment collection agent solely for the purpose of accepting the Enrollment Fees from Participant. Each User agrees that payment of Enrollment Fees by a Participant to ConfettiHeads, as that Instructor’s limited payment collection agent, shall be considered the same as a payment made directly by such Participant to the relevant Instructor and the Instructor will provide the relevant Classes to the Participant, as outlined on the Site, as if the Instructor had received payment directly. ConfettiHeads, as limited payment collection agent for the Instructor, agrees to facilitate the payment of any Enrollment Fees (less the ConfettiHeads Fee) for Classes pursuant to these Terms of Service unless otherwise agreed between ConfettiHeads and the Instructor. In the event that ConfettiHeads does not remit such amounts, the Instructor will have recourse only against ConfettiHeads.

Conditions of Use

User Conduct: You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials (“content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service including, without limiting the generality of the foregoing, content and video transmitted by an Instructor for a Class. The following are examples of the kind of content and/or use that is illegal or prohibited by ConfettiHeads. ConfettiHeads reserves the right to investigate and take appropriate legal action against anyone who, in ConfetiHeads’ sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Service to:

  • email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, sexually explicit or pornographic, libelous, invasive of another’s privacy or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, gender identity, age or other prohibited ground; or (vii) in the sole judgment of ConfettiHeads, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ConfettiHeads or its users to any harm or liability of any type;
  • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  • violate these Terms of Service or any applicable local, state, national or international law, or any regulations having the force of law;
  • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • solicit personal information from anyone;
  • harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
  • further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or
  • obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Service.

Commercial Use: Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Service, use of the Service (including Classes), or access to the Service.

Intellectual Property Rights

Service Content, Software and Trademarks: You acknowledge and agree that the Service may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by ConfettiHeads, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Service. For the sake of clarity, you acknowledge and agree that Class Recordings constitute Service Content, not User Content. In connection with your use of the Service you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by ConfettiHeads from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The Service Content, as well as the technology and software underlying the Service or distributed in connection therewith are the property of ConfettiHeads, our licensees, affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ConfettiHeads.

The ConfettiHeads name and logos are trademarks and service marks of ConfettiHeads (collectively the “ConfettiHeads Trademarks”). Other ConfettiHeads, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ConfettiHeads. Nothing in this Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ConfettiHeads Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ConfettiHeads Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will ConfettiHeads be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ConfettiHeads may, but is not required to, pre-screen content, and ConfettiHeads and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ConfettiHeads and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ConfettiHeads, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. You shall retain any intellectual property rights that you hold in your User Content, and ConfettiHeads does not claim any ownership (copyright, trademark, or otherwise) over your User Content. By submitting, posting or otherwise uploading User Content on or through the Services you give ConfettiHeads a worldwide, nonexclusive, perpetual, irrevocable, fully sub-licensable, royalty-free right and license as set below:

  • with respect to User Content that you submit, post or otherwise make publicly or generally available via the Service (e.g. public forum posts), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed for any legal business purpose; and
  • with respect to User Content that you submit, post or otherwise transmit privately via the Services (e.g. via private lessons or messages with other Users), the license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the sole purpose of enabling ConfettiHeads to provide you with the Services.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Service (“Submissions”), provided by you to ConfettiHeads are non-confidential and ConfettiHeads will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

The content on the Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. We have no obligation, nor any responsibility to any party to monitor the Site or its use, and do not and cannot undertake to review material that you or other users submit to the Site (including Classes and all User Content). We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any User or third party, subject to applicable laws.

You acknowledge and agree that ConfettiHeads may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ConfettiHeads, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints: ConfettiHeads respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ConfettiHeads of your infringement claim in accordance with the procedure set forth below.

ConfettiHeads will process and investigate notices of alleged copyright infringement and will take appropriate actions under the Copyright Act (Canada) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to ConfettiHeads’ Copyright Agent at support@confettiheads.com. If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice to the Copyright Agent.

Third Party Websites

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet, or may require the use of third party sites, software or resources in order to make full use of the Services (including, without limitation, third party video conferencing platforms). ConfettiHeads has no control over such sites and resources and ConfettiHeads is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that ConfettiHeads will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that ConfettiHeads is not liable for any loss or claim that you may have against any such third party.

Indemnity and Release

You agree to release, indemnify and hold ConfettiHeads and its affiliates and their officers, employees, directors and agents (collectively, “Indemnitees”) harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE, ITS CONTENT, AND THE SERVICES IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER CONFETTIHEADS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY OR AVAILABILITY OF THE SITE OR ITS CONTENTS OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER CONFETTIHEADS NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS REPRESENT OR WARRANT THAT THE SITE, ITS CONTENT, OR THE SERVICES (INCLUDING THE CONTENT OF ANY CLASSES) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SITE AND THE SERVICES AND YOUR COMPUTER, INTERNET AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL CONFETTIHEADS OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, EXEMPLARY, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY OR ANY OTHER THEORY OF LIABILITY OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT CONFETTIHEADS OR YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL CONFETTIHEADS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SITE OR THE SERVICES, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE GREATER OF (A) THE TOTAL CONFETTIHEADS FEES RECEIVED BY US FROM ENROLLMENT FEES YOU HAVE PAID IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) 100 CANADIAN DOLLARS.

Termination

You agree that ConfettiHeads, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if ConfettiHeads believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. ConfettiHeads may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that ConfettiHeads may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that ConfettiHeads will not be liable to you or any third party for any termination of your access to the Services.

User Disputes

You agree that you are solely responsible for your interactions with any other user in connection with the Services and ConfettiHeads will have no liability or responsibility with respect thereto.

ConfettiHeads reserves the right, but has no obligation, to become involved in any way it deems necessary with disputes between you and any other user of the Service.

Geographic Restrictions

ConfettiHeads is based in the Province of Ontario in Canada. We provide this Site and the Services for use only by persons located in Canada except with our prior written consent. The Site is not intended for use in any jurisdiction where its use is not permitted. If you access the Site or Services from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

General

These Terms of Service and our Privacy Policy constitute the entire agreement between you and ConfettiHeads and govern your use of the Site and the Services, superseding any prior agreements between you and ConfettiHeads with respect to the Site or the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to its conflict of law provisions. With respect to any disputes or claims arising out of these Terms of Service or your use of the Site or the Services, you and ConfettiHeads agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario. The failure of ConfettiHeads to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction. You may not assign these Terms of Service without the prior written consent of ConfettiHeads, but ConfettiHeads may assign or transfer these Terms of Service, in whole or in part, without notice or consent. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail.

Your Privacy

At ConfettiHeads, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal information as outlined therein.

Questions? Concerns? Suggestions?

Please contact us at support@confettiheads.com to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Services.

April 23, 2020.