last update: August 15, 2018
Welcome to DancePlug, an online dance education and resource service. The DancePlug.com service and network (collectively the “Services”) are owned and operated by DancePlug, Inc. (“us”, “we”, or “DancePlug”).
1. Acceptance of Terms
2. Age Eligibility
3. Registration Data; Account Security
In consideration of your use of the DancePlug Website, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the DancePlug 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, 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.
5. Intellectual Propriety
5.1. Proprietary Rights; Limited License
5.2. User Content Posted on the Site
Please choose carefully the information you post on or through the Services and that you provide to other Users. Your DancePlug profile may not include any form of Prohibited Content, as outlined in Section 8 below. Despite this prohibition, information, materials, products or services provided by other Users (for instance, in their profile) may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and DancePlug assumes no responsibility or liability for this material. If you become aware of misuse of the Services by any person, please contact DancePlug and select the subject “Report Abuse”.
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text, information, music, videos, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Services or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post, transmit, or share User Content on the Site or the Services that you did not create or that you do not have permission to post. You understand and agree that DancePlug may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of DancePlug violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to DancePlug.
When you post User Content to the Site, 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 Site. By posting User Content to any part of the Site, 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 Site 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 Site 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. DancePlug does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
6. Third Party Websites and Content
The Site contains (or you may be sent through the Site 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 (the "Third Party Content"). 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 Site or any Third Party Content posted on, available through or installed from the Site, 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. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
7. Use of Share Links by Online Content Providers
In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the DancePlug, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider's site and solely in the current form provided by DancePlug. In the event that the Share Link is a text link, it must include the word "DancePlug" as part of the link. The rights granted in this paragraph may be revoked by DancePlug at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.
In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose DancePlug or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold DancePlug, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, 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 such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.
By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to DancePlug an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.
8. User Conduct
The Services are for the personal use of Users and may be used for promotional purposes, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by DancePlug. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from User profiles without notice or explanation and may result in termination of Membership privileges. DancePlug reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.
The following are examples of the kind of Content that is illegal or prohibited to post on or through the Services, and the kind of activity that is illegal or prohibited on the Site and through your use of the Services. DancePlug reserves the right to investigate and take appropriate legal action against anyone who, in DancePlug’s sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services, terminating the Membership of such violators, and reporting them to law enforcement authorities. Prohibited Content and Activities include, but are not limited to:
8.1. uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
8.2. harvesting or collecting usernames, user id, numbers, email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails, unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money;
8.3. intimidating or harassing another;
8.4. impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;
8.5. uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. In order to protect our Users from such advertising or solicitation, DancePlug reserves the right to restrict the number of emails which a User may send to other Users in any 24-hour period to a number which DancePlug deems appropriate in its sole discretion. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Services, you acknowledge that you will have caused substantial harm to DancePlug, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay DancePlug $50 for each such unsolicited email or other unauthorized commercial communication you send through the Services;
8.6. uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
8.7. 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;
8.8. selling or otherwise transferring your profile;
8.9. soliciting personal information from anyone under 18 or soliciting passwords or personal identifying information for commercial or unlawful purposes;
8.10. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose as one of your friends, or sending private messages with a commercial purpose;
8.11. uploading, posting, transmitting, sharing, storing or otherwise making available content that 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;
8.12. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;
8.13. using automated scripts to collect information from or otherwise interact with the Services or the Site;
8.14. uploading, posting, transmitting, sharing or otherwise making available any material that 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;
8.15. covering or obscuring the banner advertisements on your personal profile page, or any DancePlug page via HTML/CSS or any other means;
8.16. using the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
8.17. uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide 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;
8.18. uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of DancePlug, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose DancePlug or its users to any harm or liability of any type.
9. Copyright Infringement
We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Services any materials that violate another party's intellectual property rights.
If you believe any materials accessible on or from the Site has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please notify us of your concern by contacting us. 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:
- Your physical or electronic signature.
- 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.
- Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- 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.
- A statement that the information in the written notice is accurate.
- A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. 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.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification by contacting us. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Site may be found) and that you will accept service from the person (or an agent of that person) who provided the Websites with the complaint at issue.
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 Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
10. Online Dance Class Tutorials/Choreography
Online Dance Class Tutorials are viewable only on the Site. Broadband Internet connection is required. You agree to view the Online Dance Class Tutorials for learning and/or inspiration only. THE ONLINE DANCE CLASS TUTORIALS ARE NOT TO BE USED, REPRODUCED, OR TAUGHT, IN THEIR ENTIRETY OR IN PARTS, FOR COMPETITION OR PERFORMANCE PURPOSES.
11. Electronic Communications
By using the Services, you consent to receiving electronic communications from DancePlug. These communications will include notices about your account (e.g. shipping and receiving, e-mails and other transactional information) and information concerning or related to our service, such as featured classes 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.
You are solely responsible for your interactions with other DancePlug Users. DancePlug reserves the right, but has no obligation, to become involved in any way with disputes between you and other Users.
13.1. DancePlug may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice.
13.2. You may terminate your free Membership at any time, for any reason, by following the instructions on the User's Account page. Even after Membership is terminated, this Agreement will remain in effect.
14. Terms of Sale
Please refer to our Terms of Sale for the terms, conditions and policies applicable to your purchase of products or services from DancePlug. By ordering products or services from DancePlug through the Site, you agree to be bound by and accept the Terms of Sale. The Terms of Sale are subject to change without prior notice at any time, in DancePlug's sole discretion so you should review the Terms of Sale each time you make a purchase.
15. 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, giving yourself room to practice in order to avoid accidents, exercising within your limits and seeking medical advice and attention as appropriate.
The Site may offer health, fitness and nutritional information and is designed for educational 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.
In the event of physical injury or property damage occurring while practicing dance or pursuant to any information received on the Site, or by any other means now known or later developed, you agree not to hold DancePlug or its shareholders, directors, employees, agents, or affiliates responsible.
DancePlug is 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 Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site 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. DancePlug assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. DancePlug is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall DancePlug be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a DancePlug event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Content, whether online or offline. The Site and the Services are provided "AS-IS" and as available and DancePlug expressly disclaims any warranty of fitness for a particular purpose or non-infringement. DancePlug cannot guarantee and does not promise any specific results from use of the Services.
DancePlug reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. 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.
17. Limitation on Liability
IN NO EVENT WILL DANCEPLUG OR ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES OR AGENTS 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 SITE'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 WEBSITE, EVEN IF DANCEPLUG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. 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 TWELVE (12) 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.
18. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Services or the Site (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 Site.
19. Governing Laws; Disputes
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. You and DancePlug agree to submit to the exclusive jurisdiction of the courts located within the State of California to resolve any dispute arising out of the Agreement or the Services. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.
You agree to indemnify and hold DancePlug, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, 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.