last update: August 15, 2018
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
Fees offered on the Site are quoted in United States Dollars. DancePlug reserves the right to change fees and charges for Paid 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. 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.
3. Payment Method and Terms
We accept debit and credit cards - Visa, MasterCard and Discover - ("Payment Method"), as forms of payment. As used in these Terms of Sale, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. 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 Payment Method occurs at the time of purchase 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.
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 Site.
4. Products Description
We attempt to describe the Products 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.
5. Subscriptions with Renewal Fees
5.2 Billing and Renewal
When enrolling to a monthly or yearly plan, the subscription fee will be billed at the inital purchase of your subscription and each term, as indicated by the type of subscription, thereafter unless and until you cancel your subscription. DancePlug automatically bills your Payment Method each anniversary day ("Billing Date") corresponding to the commencement of your paying subscription. If, however, the activation date of your subscription 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 Site. Subscription charges are fully earned upon payment. 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.
BY COMPLETING THE ENROLLMENT PROCESS, YOU UNDERSTAND AND AGREE THAT UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION TO THE PAID SERVICES:
- YOUR SUBSCRIPTION TO THE PAID SERVICES 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 CHARGES FOR EACH NEW SUBSCRIPTION PERIOD WILL BE AUTOMATICALLY BILLED TO YOUR DESIGNATED BILLING PAYMENT METHOD.
We would be sad to see you go, but you may discontinue your enrollement in automatic renewal at any time, provided you follow the cancellation process described in these Terms of Sale. Your subscription to the Paid Services shall be deemed terminated on the last day of the then in effect subscription period. 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 section 7 below.
6. Business Listings
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.
7. Refund Policy
Unless specified in these Terms of Sale, 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.
8. Unauthorized Charges
You acknowledge and agree that you, and not DancePlug, are responsible for paying any amounts billed to your credit or debit card by a third party which were not authorized by you.
9. Billing Discrepancies
Unless you notify DancePlug of any 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.
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 PAID SERVICES. DANCEPLUG DOES NOT REPRESENT OR WARRANT THAT PAID 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.
12. 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.
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.
13. 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.
14. 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 Paid 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 Paids 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.