last update: April 20, 2014
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.
1. Purchase Qualifications; Account Security
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.
2. Prices, Taxes and Shipping
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.
3. Payment Method and Terms
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.
4. Product Description
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.
Online Dance Classes are viewable only on the Site. Broadband Internet connection is required. You agree to view the Online Dance Classes for learning and/or inspiration only. The Online Dance Classes are not to be used, reproduced, or taught, in their entirety or in parts, for competition or show purposes.
5. Subscriptions/Recurring Fees
By starting a DancePlug subscription, you are expressly agreeing that we are authorized to charge you a monthly subscription fee at the then current rate, and any other charges you may incur in connection with your use of the DancePlug service to the Payment Method you provided at purchase (or to a different Payment Method if you change your account information).
As used in these Terms of Sale, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of the paying portion of your subscription and each term, as indicated by the type of subscription, thereafter unless and until you cancel your subscription. To see the commencement date for your next renewal period, visit our website and click on the "Subscriptions" tab in your "Account Settings" page. We automatically bill your Payment Method each anniversary day corresponding to the commencement of your paying subscription. Subscription charges are fully earned upon payment. We do not send notifications for each renewal period. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details.
We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different Payment Method or if there is a change in Payment Method, such as your credit card validity or expiration date, you may edit your Payment Method information by visiting our website and clicking on the "Subscriptions" tab in your "Account Settings" page, select "Update" under the column titled "Options".
We would be sad to see you go, but you may stop your monthly subscription at any time, provided you follow the cancellation process described here. Cancellations must be done online via your DancePlug account: go to your "Account Settings" and follow the instructions for cancellation. Upon successful cancellation, a confirmation email entitled "Your DancePlug subscription has been cancelled" will automatically be sent to you. If you believe you have been incorrectly charged after cancellation, you will be required to provide this cancellation email. We encourage you to contact us at firstname.lastname@example.org for any inquiries regarding your subscription.
All features attached to your subscription, i.e. audition or online dance class access, will terminate at the end of your billing cycle upon cancellation. WE DO NOT PROVIDE REFUNDS FOR ANY PARTIAL OR FULL MONTH SUBSCRIPTION PERIODS. For full refund policy, see paragraph 7 below.
6. Other Paid Services
All bookings for Demo Videos require a downpayment of a Demo Video Basic, 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:
- Cancelation made 5 days prior to scheduled shoot date are refundable in full (deposit), minus a processing fee of $20.
- Cancelation made between 5 days and 24 hours to scheduled shoot date are refundable at %50 of the deposited amount.
- Cancelation made within 24 hours prior to scheduled shoot date, as well as no show are non-refundable.
DancePlug reserves the right to reschedule the shoot date to a near future alternative date. If you cannot attend the proposed alternative date(s), DancePlug will refund the made deposit in full.
When shooting a Demo Video Session, you agree to the Demo Shoot Guidelines document sent to you by DancePlug prior to your session. You agree not to hold DancePlug, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, responsible for any filming or editing issues due to the non-compliance on your part of the Demo Shoot Guidelines.
Once you receive the media, you have fifteen (15) days to review any typographical errors, after which DancePlug reserves the right to refuse re-edits. DancePlug also reserves the right to refuse re-edits in the case of misspelled names or words provided as such by you, at any time during or after the fifteen (15) days of review.
Business Listings can be claimed or added to the Business Directory. As a claimant, you are responsible for providing all the correct business information. You will not hold DancePlug, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, accountable for any inaccurate, misspelled, or outdated information. Claimed or added Listings will display the provided information once the Basic Claim Fee has been purchased. The DancePlug Team reserves the right to verify the authenticity of your connection with the business. If you are not deemed to be the rightful person to claim the Listing, the Listing may become available again to be claimed by another party.
Featured Business Listing (Business Listing PLUS) are to rotate in the upper part of the Business Directory. DancePlug does not guarantee all Featured Listings to be visible at each page refresh.
7. Refund Policy
Unless specified in these Terms of Sale, i.e. demo video sessions, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. In rare occasions, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
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.
10. Limitation on Liability
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.
11. Governing Law; Venue and Jurisdiction
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.
Please contact us with any questions regarding this Agreement.