last update: July 1, 2011
Certain products and services are made available to you ("you" or the "User") by DancePlug, Inc. or its corporate affiliates (collectively, "us", "we" or "DancePlug") through the DancePlug website (the "Site") and services (the "Services"). By purchasing any products or services through DancePlug, you signify that you have read, understand and agree to be bound by the Terms of Sale in effect at the time of purchase ("Terms of Sale"). Your purchases and your use of DancePlug are also governed by the DancePlug Terms of Service ("Terms of Service"), which are incorporated herein by reference.
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Sale at any time without further notice and such changes shall apply to any purchases made after such changes are posted to the Site. Therefore, you should review these Terms of Sale prior to each purchase so you will understand the terms applicable to such transaction. If you do not agree to these Terms of Sale, do not make purchases on DancePlug.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
To make a purchase on DancePlug, you must be a registered DancePlug User and comply with these Terms of Sale (including the Terms of Service). You acknowledge that you are responsible for maintaining the security of, and restricting access to, your account and password, and you agree to accept responsibility for all purchases and other activities that occur under your account. DancePlug sells its products only to those users who can legally make purchases with a credit card. If you are under 18, you may make purchases on DancePlug only with the involvement of a parent or guardian. DancePlug reserves the right to refuse or cancel orders or terminate accounts, at any time in its sole discretion.
Prices offered on the Site are quoted in United States Dollars. Such prices do not include sales taxes, nor shipping and handling, which will be added to your total invoice price, if applicable. The User is responsible for any taxes associated with the order. DancePlug reserves the right to change prices for products or services offered at the Site at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering.
We accept Visa, MasterCard and Discover credit cards, as forms of payment. By submitting an order through the DancePlug Website, you authorize DancePlug, or its designated payment processor, to charge the account you specify for the purchase amount. Billing to your credit card occurs at the time of purchase or rental (as applicable) or shortly thereafter. You will bear all costs associated with a disputed credit card charge which results in action from DancePlug's merchant account provider, otherwise known as "chargebacks". All payments are to be made in United States Dollars.
We attempt to describe the items offered on the Site as accurately as possible; however, we do not warrant that the descriptions or other content on the Site are accurate, complete, reliable, current or error-free. All sales made through the Site are final, unless otherwise stated. No refunds or exchanges for items purchased through this Site will be made.
You may upgrade or downgrade your subscription plan at any time, up to once per cycle month. For Class Plans, all remaining credits from the previous plan will terminate and be replaced by credits attached to the new chosen plan. Note that Online Dance Classes rented through subscriptions expire only when unsubscribing or downgrading to a non-Class Plan. You may cancel your subscription plan at any time. All features attached to your subscription, i.e. access to auditions, credits or Online Dance Class rentals, will terminate at the time of cancellation. All modifications, i.e. upgrade, downgrade or cancellation, are effective immediately at the time of modification. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS. You agree that, unless you cancel your subscription prior to the effective date of the change, you will be charged the new applicable DancePlug periodic subscription fee (plus applicable taxes) on each anniversary date after the effective date of such change, and you authorize DancePlug to charge the new applicable periodic subscription fee (plus applicable taxes) to your Payment Method.
Online Dance Classes are viewable only on the Site. Broadband Internet connection is required.
You may rent Online Dance Classes via credits, which can be purchased by packages or through subscriptions. Credits purchased with on-the-go packages are valid for one (1) year from the date of purchase. Once you use credit(s) to rent an Online Dance Class video, you have ten (10) days to view it. Credits attached to monthly subscriptions expire at the end of each billing cycle; Online Dance Class rentals only expire when unsubscribing downgrading to a non-Class Plan. Stopping, pausing or restarting an Online Dance Class video does not extend the available time for viewing. WE DO NOT PROVIDE REFUNDS FOR ANY SERVICES PURCHASED FROM DANCEPLUG. All sales are final, non-cancelable and nonrefundable except as determined by DancePlug in its sole discretion. If DancePlug agrees to a refund, it will be in the form of credits to be used towards the rental of Online Dance Classes.
All bookings for demo videos require a downpayment of a Basic Demo Video, at least a week prior to shoot date, made through the DancePlug store. Remainder amounts (if applicable for Demo Video Plus, custom packages, and make-up/hair) will be due on the shoot date by check made to DancePlug or by credit card. Returned checks will incur an additional $30 return check fee.
Cancelation policy of demo-reel bookings is as follows:
DancePlug reserves the right to reschedule the shoot date to a near future alternative date. If you can not attend the proposed alternative date, DancePlug will refund the made deposit in full.
Business Directory Listings are considered yearly subscriptions and are automatically renewable. You may cancel your listing at any time. All features attached to your listing will terminate at the time of cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR SUBSCRIPTION PERIODS. You agree that, unless you cancel your listing prior to the effective date of the change, you authorize DancePlug to charge the new applicable periodic subscription fee (plus applicable taxes) to your Payment Method.
We care about the privacy of our Users. Click here to view the Site's Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.
ANY WARRANTY ON PRODUCTS OR SERVICES PURCHASED THROUGH THIS SITE ARE PROVIDED BY THE ORIGINAL MANUFACTURER ONLY AND NOT BY DANCEPLUG. DANCEPLUG ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCTS OR SERVICES SOLD ON THIS SITE.
PRODUCTS AND SERVICES ARE PROVIDED OR SOLD "AS-IS" AND DANCEPLUG DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. DANCEPLUG CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF PRODUCTS OR SERVICES. DANCEPLUG DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by DancePlug.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL DANCEPLUG OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID BY YOU TO COMPANY FOR THE PRODUCT OR SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOU EXCEED $1,000. YOU ACKNOWLEDGE THAT IF NO AMOUNT IS PAID TO COMPANY FOR THE PRODUCT OR SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OF ACTION.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and DancePlug or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts of California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of California.
You agree to defend, indemnify and hold DancePlug, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, completely harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any product or services, or any violation of this Agreement or of any law or the rights of any third party.
These Terms of Sale, including the Terms of Service, constitute the entire agreement between you and DancePlug regarding purchases you make on the Site, superseding any prior agreements between you and DancePlug relating to such purchases. The failure of DancePlug to exercise or enforce any right or provision of these Terms of Sale shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Sale shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions. In the event of a conflict between these Terms of Sale and the Terms of Use, these Terms of Sale shall be controlling.
Please contact us with any questions regarding this Agreement.