Effective date: May 8, 2021
Welcome to DancePlug! Please read these Terms of Service (“Terms”) carefully before viewing, accessing, or using the www.danceplug.com website (the “Website”) owned and operated by DancePlug, Inc. (“DancePlug”, “us,” “we,” “our”). In these Terms, the words “user,” “you,” and “your”, as applicable, refer to entities or individuals, including but not limited to visitors, subscribers, registered users and others, that access and/or use the Website.
At DancePlug, we expect that all issues you may have with our services will be resolved by our customer service, which you can contact at via our support page. In the unlikely event that an issue between us remains unresolved, please note that these Terms contain a class action waiver and an agreement to resolve any disputes that may arise by arbitration. You can read more under section 11.
- Description of Service and Acceptance of Terms
- Access and Use of the Services
- Online Dance Classes
- Subscriptions and Billing
- Copyright Infringements
- Disclaimer of Warranties
- Limitation of Liability
- Other Disclaimers
- Arbitration of Claims
- General Information
1. Description of Service and Acceptance of Terms
DancePlug is an online platform offering dance educational and informational content, services, and products, as well as other products and services that may be developed from time to time. By viewing or using the Website, including its user interface, all associated features, tools and functionalities, as well as all content and software applications associated with our services (collectively, the “Services”), or accessing any online dance class videos (“Tutorials”), other videos or other content or material that is made available through the Services (collectively, the “Content”) you signify that you have read, understood and agreed to be bound by these Terms and other documents they expressly incorporate by reference (collectively, the “Agreements”), all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. Except as otherwise provided herein, if you do not agree to be bound by the Agreements, you may not access or use the Services.
We may need to change, modify, add, or delete portions of these Terms at any time for diverse reasons. For example, we may need to reflect updates in how the Services work or changes in the law. If we make any material change to these Terms, we will provide notice to you by either posting an announcement on the Website or/and by email to you at the email address attached to your account, or by other means, consistent with applicable law. Accordingly, please keep your account information, including email address, updated.
Your continued use of the Services after any such changes constitutes your acceptance of the new Agreements. It is therefore recommended to check this page often to ensure you are updated as to any changes.
2. Access and Use of the Services
2.1 Age Eligibility
By using the Services, you represent and warrant that you are either more than eighteen (18) years of age (or over the applicable age of majority in your state or territory of residence), or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in the Agreements, and to abide by and comply with the Agreements, and are not a person barred from using the Website under the laws of the United States or other applicable jurisdiction. While individuals between the ages of 13 and 18 may utilize the Services, they may do so only with the involvement of a parent or legal guardian, including consent to the Agreements on their behalf.
2.2. Proprietary Rights; Limited Licenses
Our Content and Intellectual Property
All content on the Website and available through the Services, including videos, designs, text, graphics, pictures, music, information, data, software (and the selection and arrangement thereof) logos, and code (collectively, the “Site Material”) is the proprietary property of DancePlug and its licensors, and is protected by intellectual property laws. No Site Material may be modified, copied, “ripped,” recorded, distributed, framed, mirrored, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without DancePlug’s prior written permission, except that the foregoing does not apply to your own User Content (as defined in the section below) that you legally post on the Website.
Provided that you are eligible for use of the Website, DancePlug is pleased to grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to:
- View and listen to the Content contained on the Website.
- Create profile pages on the Website for non-commercial and private use. Direct commercial endeavors may only be used if they are specifically endorsed or authorized by DancePlug.
- Participate in the Website’s community areas.
Any use of the Website or the Content other than as specifically authorized herein, without the prior written permission of DancePlug, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the Agreements shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.
DancePlug users may upload, publish, share or otherwise contribute content hereinafter, “post”) to the Services (which may include pictures, videos, text, event and audition listings, comments, and/or other types of content) ("User Content”).
Please choose carefully the information you post on or through the Services and that you provide to other users. You promise that, with respect to any User Content you post on DancePlug, (i) you own or have the right to post such User Content, and (ii) such User Content, or its use by DancePlug as contemplated by the Agreements, does not violate the Agreements or any other rights set forth within the User guidelines (as described in section 2.5), applicable law, or the intellectual property, or other rights of others or imply any affiliation with or endorsement of you or your User Content by DancePlug or any entity or individual without express written consent from DancePlug or such individual or entity.
DancePlug may, but is not obligated to, monitor, review, or edit User Content. In all cases, DancePlug reserves the right to remove or disable access to any User Content for any or no reason, including User Content that, in DancePlug’s sole discretion, violates the Agreements. DancePlug may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post on the Website or provide to the Services.
Your Responsibilities for your content. You are solely responsible for all User Content that you post. DancePlug is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against DancePlug related to user content that you post, then, to the extent permissible under local law, you will indemnify and hold DancePlug harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
License and permission to use your content. When you post User Content through our Services, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on the Website. By posting User Content to any part of the Website, you automatically grant, and you represent and warrant that you have the right to grant, to DancePlug an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Website or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Website at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that DancePlug may retain archived copies of your User Content.
If you provide feedback, ideas or suggestions to DancePlug in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize DancePlug to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
DancePlug does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in the Agreements, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content. Where applicable and permitted under applicable law, you also agree to waive and not enforce any "moral rights" or equivalent rights, such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
2.3 Third Party Content and Linked Websites
The Website may contain (or you may be sent through the Website or Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (“Third Party Content”). All Third Party Content contained on or within the Website are the property of the respective third parties, including the respective Content owners, and may be protected by applicable copyright, trademark or other intellectual property laws and treaties. Each such third party expressly reserves all rights into such intellectual property. Use of Third Party Sites or Third Party Content is subject to the terms and conditions of the applicable third party license agreements, and you agree to look solely to the applicable third party and not to DancePlug to enforce any of your rights in relation thereto.
Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Website or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by DancePlug. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third Party Sites.
2.4 Registration Data; Account Security
In consideration of your use of the Website, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Website (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to DancePlug, to keep it accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account.
If you find that you're a victim of identity theft and it involves a DancePlug account, you should notify customer service. Then, if applicable, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. DancePlug reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. DancePlug is not obligated to credit or discount charges for holds placed on the account by either a representative of DancePlug or by the automated processes of DancePlug.
2.5 User Guidelines
In order for us to keep the Services safe and available for everyone, we've established some ground rules for you to follow when using the Services.
The following is not permitted for any reason whatsoever:
- using any data mining, scraper, spider robots or similar data gathering or extraction methods to access, monitor, or copy any Site Material or other content or information used by the Website;
- damaging, disabling, impairing, overburdening, disrupting, interfering with or gaining unauthorized access to the Services, including DancePlug’s servers, computer network, or user accounts;
- attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- using the Services in connection with unauthorized advertising, solicitations, promotional materials, surveys, contests, pyramid schemes, chain letters, junk mail, spamming, or any other form of duplicative or unsolicited messages (commercial or otherwise);
- removing, modifying, covering, obscuring or otherwise impairing any advertising in connection with the Services (including the Content);
- removing or altering any copyright, trademark, or other proprietary rights notices contained on the Content or the Services or provided through the Services (including for the purpose of disguising or changing any indications of the ownership or source of any Content);
- using the account, username, or password of another user at any time, disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your account or another user’s account;
- using the Services or the Site Material other than for their intended purpose and as expressly permitted by the Agreements.
Please respect DancePlug and other users of the Services. Don't engage in any activity, post any User Content, or register and/or use a username, which is or includes material that:
- impersonates any person or entity, including DancePlug or its employees, representatives, subsidiaries or divisions, or falsely states or otherwise misrepresents yourself or your affiliation with any person or entity;
- is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
- is illegal, or encourages or provides instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
- is intended to intimidate, harass, or bully other users;
- includes or is intended to solicit any private information of any other user or third party, including passwords, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and any other personal data;
- violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
- contains software viruses, bots, worms 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, or otherwise permitting the unauthorized use of or access to a computer or a computer network;
- links to the Website from any website that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in DancePlug’s sole discretion;
- in the sole judgement of DancePlug, is objectionable or which restricts or inhibits any other person from using or enjoying the Website, or which may expose DancePlug or its users to any harm or liability of any type;
- attempts to do any of the foregoing.
The above is a non-exhaustive list of prohibited use of the Services and conduct on the Website, and DancePlug reserves the right to immediately terminate, suspend or restrict your account or your use of the Services at any time, without notice or liability, if we determine or reasonably believe in our sole discretion that you have breached the Agreements, violated any law, rule, or regulation, engaged in other inappropriate conduct, or for any other business reason. We may use technical measures to block or restrict your prohibited access to or use of the Services, and you agree not to circumvent, avoid, or bypass such restrictions. We also reserve the right to investigate, take appropriate legal action against you, and/or report you to law enforcement authorities.
If you become aware of misuse of the Services by any peson, please contact DancePlug with subject line “Report Abuse.”
2.6. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services or the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Services or the Website.
3. Online Dance Classes
DancePlug’s Online Dance Classes (“Tutorials”) are viewable only on the Website. Broadband Internet connection is required. By using our Services, you agree to view the Tutorials for learning and/or inspiration only. The Tutorials are subject to the Content’s proprietary rights (as described in section 2.2) and ARE NOT TO BE USED, REPRODUCED, OR TAUGHT, IN THEIR ENTIRETY OR IN PARTS, FOR COMPETITION OR PERFORMANCE PURPOSES. If used for teaching inspiration, Tutorials may not be used, reproduced, or taught without the express written authorization of DancePlug.
DancePlug uses various technologies to provide you with an optimal viewing experience. That said, quality of Tutorials, including resolution, may be affected by the format of the Tutorial, your location, the speed and bandwidth of your internet service, and the devices used, among other factors. The time it takes you to begin playing Tutorials will vary based on a number of factors, including your location, internet bandwidth, the number of devices simultaneously connecting to the same network, the Tutorial you have selected, and the configuration of the device you are using. As a result, DancePlug is unable to make any warranties about the Tutorial in these respects.
4. Subscriptions and Billing
Certain products and services (“Products”, “Paid Services”) are made available to the User by DancePlug through the Website. By purchasing any Paid Services, you signify that you have read, understand and agree to be bound by this Agreement in effect at the time of purchase.
We attempt to describe the Products offered on the Website as accurately as possible; however, we do not warrant that the descriptions or other content on the Website are accurate, complete, reliable, current or error-free.
Fees offered on the Website are quoted in United States Dollars and all payments are to be made in United States Dollars. DancePlug reserves the right to change fees and charges for Paid Services offered at the Website at any time, and does not provide price protection or refunds in the event of a price drop or promotional offering. In the event of changed fees, DancePlug will notify in advance those enrolled in an automatic renewal subscription. However, it is your responsibility to check the current fees.
4.2 Payment Methods and Terms
To access Paid Services, you will be required to provide a credit card or other payment method accepted by DancePlug, as may be updated from time to time (“Payment Method”). As used in this Agreement, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. By submitting an order through the Website, you authorize DancePlug, or its designated payment processor, to charge the account you specify for the purchase amount. Billing to your Payment Method occurs at the time of purchase or shortly thereafter. 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. You are solely responsible for any and all fees charged to your Payment Method. 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 going to your account settings on the Website.
4.3 Ongoing Subscriptions with Renewal Fees
DancePlug offers monthly and yearly (12 months) subscription plans, which are subject to recurring fees (“Recurring Subscriptions”) until terminated as described in this Agreement. For detailed information on the type of subscriptions, please refer to the Products description on the pricing page.
Billing and Renewal
When enrolling to Recurring Subscription, the subscription fee will be billed at the initial purchase of your Recurring Subscription and each term, as indicated by the type of subscription, thereafter unless and until you cancel your Recurring Subscription. DancePlug automatically bills your Payment Method each anniversary day ("Billing Date") corresponding to the commencement of your Recurring Subscription. If, however, the activation date of your Recurring Subscriptions is on the 29th, 30th or 31st day of a month, and your Billing Date does not exist in a particular month because there are fewer than thirty-one (31) days in the month payment is due, your Billing Date will move to the 1st of the following month of which your Billing Date would otherwise be. You can see your Billing Date in your Account Settings on the Website. Subscription charges are fully earned upon payment.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR RECURRING SUBSCRIPTION:
- your Recurring Subscription will automatically renew at the end of the subscription period and continue for another subscription period,
- you will automatically be billed at the start of each new subscription period, and
- that periodic charge for each new subscription period will be automatically billed to your designated billing Payment Method.
The option of pausing may be available with select Paid Services as indicated on the Website. Pausing allows for a Recurring Subscription to be put on hold for a pre-determined amount of time (“Pause Period”) starting on your next Billing Date. Once the Pause Period ends or if you manually resume prior to the Pause Period completion, your Recurring Subscription will be reactivated, and your credit card will be charged for your subscription on a recurring monthly basis. The date your Recurring Subscription is reactivated will be your new Billing Date going forward.
BY PAUSING YOUR RECURRING SUBSCRIPTION, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR RECURRING SUBSCRIPTION:
- your Recurring Subscription will automatically restart at the end of the Pause Period or on the date you manually resume, and continue for another subscription period;
- you will automatically be billed at the start of each new subscription period thereafter; and
- that periodic charge for each new subscription period will be automatically billed to your designated billing Payment Method.
You can discontinue your enrollment in a Recurring Subscription at any time, by logging into your DancePlug account and following the instructions on your account page on the Website. You must cancel your subscription prior to 11:59 p.m. U.S. Western time on the day before your next recurring billing date in order to avoid being charged. Following any cancellation you will continue to have access to the features attached to your Recurring Subscription through the end of your current billing period. On the last day of that current billing period, your Recurring Subscription shall be deemed terminated.
4.4 Refund Policy
Unless specified in this Agreement, PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY OR FULLY 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.
4.5 Billing Discrepancies or Errors
We encourage you to contact us at firstname.lastname@example.org for any inquiries regarding your subscription and any charges made by DancePlug.
Upon successful cancellation, a confirmation email 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. Unless you notify DancePlug of any billing discrepancies within sixty (60) days after they first appear on your payment statement, they will be deemed accepted by you and you release DancePlug from all liabilities and claims of loss resulting from any such error or discrepancy.
4.6 Free Trial
Certain aspects of the Website may begin with or have an optional free trial period, and/or a ramping up period where you are able to explore the scope of the Services offered without charge (“Free Trial”). Not all of the Website or functionality of such may be available during a Free Trial period. We reserve the right to determine if you are eligible for a Free Trial and to discontinue any Free Trial without notice for any or no reason. We also reserve the right to modify, cancel, and or limit a Free Trial without notice at any time.
The terms of the current Free Trial are as described below:
- The Free Trial only applies to Recurring Subscriptions (The Enthusiast and The Professional).
- The Free Trial shall last for a period of 7 days (“Trial Period”), starting from the time of registration to the Free Trial. After the Trial Period, regular price for the chosen subscription at time of registration will be charged.
- At the time of signing up for the Free Trial, you will be required to submit your Payment Method as part of the process, to allow automatic payments once the Trial Period finishes.
- If you do not wish to continue the Services after the Trial Period, you must cancel the Recurring Subscription as indicated in the Terms (section above) before the trial ends. You can find the renewal date on your Billing settings page.
- Only new customers are eligible for the Free Trial. A customer is defined by their billing address.
6. Copyright Infringements
DancePlug respect the intellectual property rights of others. If you believe any materials accessible on or from the Website has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Website, or know of someone who is making unauthorized use of the content of the Website, please notify us of your concern by emailing email@example.com (subject line: “DMCA Request”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the notice must include substantially the following: (i) your physical or electronic signature; (ii) identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Websites, a representative list of such works; (iii) identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material; (iv) adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address); (v) a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law; (vi) statement that the information in the written notice is accurate; (vii) a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Emails sent to firstname.lastname@example.org for purposes other than communication about copyright infringement may not be answered. Please be aware that if you knowingly materially misrepresent that material or activity on the Websites is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
DancePlug has adopted a policy of terminating, in appropriate circumstances and at DancePlug's sole discretion, members who are deemed to be repeat infringers. DancePlug may also at its sole discretion limit access to the Website and/or terminate the account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
7. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES, INCLUDING THE WEBSITE, SITE MATERIAL, USER CONTENT, AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE “DANCEPLUG ENTITIES” REFERS TO ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS. THE DANCEPLUG ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE SERVICES. THE DANCEPLUG ENTITIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPATIBLE, SECURE OR ERROR-FREE; OR (III) THE RESULTS THAT MAY BE OBTAINED FROM USE OF SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT ACCESSED THROUGH SERVICES, IS AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. THE DANCEPLUG ENTITIES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DANCEPLUG WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
8. Limitation of Liability
IN NO EVENT WILL THE DANCEPLUG ENTITIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) ANY LOSS OF PROFITS, LOSS OF FUTURE EARNINGS, LOSS OF DATA, OR OTHER INTANGIBLE LOSSES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE'S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (VI) PHYSICAL INJURY, EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, EVEN IF DANCEPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. CERTAIN STATE LAWS DO NOT ALLOW 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. NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. UNDER NO CIRCUMSTANCES WILL DANCEPLUG’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO DANCEPLUG FOR THE 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 DANCEPLUG, REGARDLESS OF THE CAUSE OF ACTION.
9. Other Disclaimers
9.1 Professional Advice Disclaimer
The Website may offer health, fitness and nutritional information and is designed for educational and entertainment purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. THE USE OF INFORMATION PROVIDED THROUGH THE SERVICES IS SOLELY AT YOUR OWN RISK.
9.2 Health Disclaimer
There are inherent risks of injury in dance activities. Accordingly, we strongly recommend you consult your physician or other health-care professional before using the Services. If you experience faintness, dizziness, pain or shortness of breath at any time while dancing or exercising, you should stop immediately. You are solely responsible for warming up, creating a safe environment to practice in order to avoid accidents, exercising within your limits and seeking medical advice and attention as appropriate. In the event of physical injury or property damage occurring while practicing dance or pursuant to any information received through the Services, or by any other means now known or later developed, you agree not to hold the DancePlug Entities responsible.
9.3 User Content & Conduct Disclaimer
The DancePlug Entities are not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of DancePlug. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Website or in connection with any User Content or Third Party Content. DancePlug is not responsible for the conduct, whether online or offline, of any user of the Services.
You agree to indemnify and hold the DancePlug Entities harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Services causes DancePlug to be liable to another. DancePlug reserves the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
11. Arbitration of Claims
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. This Arbitration Agreement applies only to users in the United States.
11.1 Initial Dispute Resolution
Most disputes can be resolved without resort to litigation. If you have an issue with the Services, we encourage you to contact our customer service team through our help center at danceplug.com/support. You and DancePlug agree to first discuss any issue informally for at least 60 days before commencing an arbitration proceeding. To do that, please send your full name and contact information, your concern and your proposed solution by mail to us at: DancePlug, Inc, 837 Traction ave, Unit 406, Los Angeles, CA 90013- Attn: Legal Department. If we would like to discuss an issue with you, we will contact you using the email address you provided when you registered for the Services.
11.2 Binding Arbitration
In accordance with the JAMS Rules, the party initiating the arbitration (either you or DancePlug) is responsible for paying the filing fee. However, if the arbitrator issues you an award of damages and: (i) that award is greater than the amount of our last written settlement offer; or (ii) if we did not make a settlement offer, then in addition to paying for any JAMS Case Management Fees and all professional fees for the arbitrator’s services, we will reimburse you for the filing fees you incurred.
11.3 Class Action Waiver
YOU AND DANCEPLUG AGREE TO ARBITRATE IN EACH OF OUR INDIVIDUAL CAPACITIES ONLY, NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH OF US EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. No arbitration or proceeding can be combined with another without the prior written consent of you, DancePlug, and any other parties to the arbitration or proceedings.
Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
11.5 Right to Opt Out
You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to email@example.com with the subject line, “MANDATORY ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty (30) days of (a) the Effective Date of these Terms; or (b) the first date that you used the Website that contained any versions of the Terms that included this version of the mandatory arbitration and class action waiver, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt out of these arbitration provisions, DancePlug also will not be bound by them.
11.6 Limitation on Time to Bring a Claim
To help resolve any issues between us promptly, you and DancePlug agree to bring any claim arising out of or relating to this Agreement, our relationship, or the use of the Services within one year after a claim arises; otherwise, the claim is waived. This limitation applies regardless of the venue in which such claim is or could otherwise be asserted.
12. General Information
12.1 Electronic Comnunication
By using the Services, you consent to receiving electronic communications from DancePlug. These communications will include notices about your account (e.g. e-mails and other transactional information) and information concerning or related to our Service, such as featured Tutorials or other entertainment information or offerings. These communications are part of your relationship with DancePlug. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
12.2 Cross Border Data Transmission
12.3 Governing Law
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, without regard to its conflict of law provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
12.4 Force Majeure
A party will not be liable to the other should its performance under this Agreement be prevented, restricted, or interfered with by circumstances or events beyond its reasonable control (“Force Majeure Event”), provided that the affected party uses its best efforts to resume performance promptly at the end of the Force Majeure Event.
If for any reason any provision of this Agreement is found unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected in that provision, and the remainder of this Agreement shall continue in full force and effect.
12.6 No Waiver
No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.
The provisions of this Agreement which by their nature should survive cancellation or deletion of your account shall survive such cancellation or deletion.
12.8 Entire Agreement
This Agreement constitute the entire agreement between DancePlug and you concerning the Services. This Agreement supersedes any and all prior agreements or communications between DancePlug and you concerning the subject matter of this Agreement.
Now that you have read these Terms, let’s shake those sleepy legs and get dancing!