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Last Updated and effective as of: August 1st, 2020
Information DanscooL Collect
DanscooL collects Personal Information from and about users of the Service in a variety of ways. This includes:
Information You Provide. We collect Personal Information you provide when you use the Service or otherwise communicate with us. If you register an account with us, we will collect the information you provide, such as your name, screen name, Instagram handle, birthday, location, email address, and phone number. We will also collect any Personal Information you submit through your use of the Service. For example, the information you provide can include your messaging history and any information included in your messages via the Service. We may also collect Personal Information through your communications with our customer-support team.
Device and Usage Information. Like most online services, we automatically receive standard technical information when you interact with our Service, which may constitute Personal Information, including browser and device information such as unique device identifiers, mobile phone carrier, internet protocol (IP) addresses (which may identify your general geographic location), browser types, and the date and time of your interactions. We also receive information about your interactions with our Service, such as which website pages you visited and how much time was spent on the page.
We may collect this information using cookies or similar technologies. Cookies are pieces of information that are stored by your browser on the hard drive or memory of your device. Cookies enable us to personalize your experience on the Service, maintain a persistent session, passively collect demographic information, and monitor advertisements and other activities. Our Service may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage).
How DanscooL Use Your Information
We use Personal Information in a number of ways to provide our Service and to conduct our business, including the following:
Improve our Service. We use the Personal Information that we collect (i) to understand and analyze usage trends and preferences; (ii) to monitor and analyze the effectiveness of our Service; and (iii) to improve our Service and develop new products, services, features, and functionality.
Service Related Usage. We use the Personal Information we collect about and from you for a number of reasons, including: providing and supporting the Service, analyzing how you use the Service, and better tailoring features. We may also track what online audio, visual, and audiovisual content has been viewed or otherwise consumed on an aggregate basis or by an individual user. By viewing videos via the Service, you agree we can track your video viewing history.
Marketing. As permitted by applicable law, we may use Personal Information we obtain about you for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable or otherwise of interest to you, or providing your information to third parties so that they may send you promotional materials. Where required under applicable law, we’ll obtain your prior opt-in consent to (i) send you electronic marketing communications or (ii) share your information with third parties for marketing purposes.
Communications. We use your Personal Information to communicate with you for Service-related purposes. For example, we may send email to the email address you provide to us or text messages, to verify your account and for informational and operational purposes, such as account management, customer service, system maintenance, and other Service-related purposes.
How DanscooL Share Your Information
We may share, transfer, or disclose your Personal Information, if you consent to us doing so, which consent may be express or implied as required in the circumstances, as well as in the following circumstances:
Corporate Transactions. We reserve the right to transfer your Personal Information to service providers, advisors, potential transactional partners, or other third parties who are subject to confidentiality obligations in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.
Comply with Legal Requirements. We may disclose your Personal Information as we believe to be necessary or appropriate to: (i) comply with applicable law and legal processes; (ii) respond to requests from public and government authorities, including public and government authorities outside your country of residence; (iii) enforce our Terms of Service; (iv) protect our rights, privacy, safety, or property, and/or that of our affiliates, you or others; and (v) allow us to pursue available remedies or limit the damages that we may sustain.
Aggregate, De-Identified Information. We may use your Personal Information to create aggregate or statistical information that does not directly identify a specific person, and we may share that information. For example, we may share anonymous and aggregated reports and information on user demographics and traffic patterns with third parties. This aggregated information does not constitute Personal Information or identify any individuals.
Minors under 18 are not permitted to use the Service and we do not intentionally collect information from minors under 13. If you believe we have collected any Personal Information from a child younger than 13 years of age, please notify us immediately at firstname.lastname@example.org and we will do anything reasonably possible to remove that information from our systems.
You can opt-out of receiving further promotional emails and text messages from us by following the unsubscribe instructions provided in the promotional email or text you receive or by contacting us directly at the email address listed below.
You can opt-out of receiving further text messages from us by replying to any text your receive from us with “STOP”. However, we may still send you updates that are important to the Service in accordance with applicable laws.
Access and Correction
If you have an account with DanscooL then you may access and update certain Personal Information at any time by logging into your account on our Service. You may also at any time, request access to Personal Information that DanscooL, holds about you by making a request to our Privacy Officer at the address or email address below.
We will endeavor to process any requests for access to Personal Information within a reasonable period of time. Where possible, we will provide you with access to that Personal Information either by providing you with copies of the information requested, allowing you to inspect the information requested, or providing you with a summary of the information held. If we need to deny your request for access we will let you know why and inform you how you may lodge a complaint regarding this decision. Generally, this will only be in cases where providing access would be unlawful or is subject to a potential legal claim or proceeding. DanscooL may charge a nominal fee for supplying Personal Information where permitted under applicable laws.
We will otherwise try to ensure that all Personal Information we collect, use or disclose about you is accurate, complete, up-to-date and relevant to the service being provided.
If you discover or suspect that there is an error or information is missing, please forward your request for correction to our Privacy Officer or other representative in your jurisdiction in writing at the relevant address or email address below. Our Privacy Officer will consider your request and as soon as practicable manage the correction of your Personal Information and will update you in writing. If your correction request is refused, our Privacy Officer will provide you within a reasonable period of time the reasons for such refusal and inform you of the complaint process.
Your California Privacy Rights
California Civil Code Section 1798.83, known as the “Shine The Light” law, permits our customers who are California residents to request and obtain from us a list of what Personal Information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge.
last updated and effective as of: August 1st, 2020
The terms of service (“terms”) establish the terms and conditions that apply to you when you use the service (as defined below).
by using the service or by clicking “I agree” you indicate your acceptance of these terms and your agreement to be bound by these terms, as well as all applicable laws and regulations. you are not permitted to use the service if you do not agree to these terms. these terms cannot be changed, modified, supplemented. these terms can be updated by our Djoniba Dance Centre, Inc (“Danscool,” “we, “our,” or “us”) at any time; provided that we will endeavor to provide you with prior notice of any material changes. your continued use of the service after the modification of these terms means that you accept all such changes. accordingly, you are advised to consult these terms each time you access the service in order to view any changes to these terms. these terms were last modified as of the date indicated above.
as further described below, you should consult your physician or other health care practitioner before starting this or any other exercise program. this is particularly true if you or your family have a history of high blood pressure or heart disease, or if you have ever experienced discomfort while exercising. nothing stated or posted on the service is intended to be, and must not be taken to be, the practice of medical or professional advice or care. your use of the service is at your own risk.
in the event of a medical or health emergency, please call 911 or appropriate emergency responders immediately.
as further described below, these terms provide for the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. you can opt-out of this agreement to arbitrate by contacting us at email@example.com within 30 days of first accepting these terms and stating that you (include your first and last name) decline this arbitration agreement.
1. Use of the Service
a. The “Service” is danscool’s website located at danscool.com and danscool’s mobile applications, as each may be updated, relocated, or otherwise modified from time to time, including through networks, embeddable widgets, downloadable software, and tablet computer applications, and all intellectual property contained therein. The Service provides a platform to enable users to access and watch live and on-demand dance and fitness classes and consume motivational content on their personal computer, mobile device or TV and to purchase certain related merchandise (“Merchandise”). Any person who accesses and/or uses the Service, whether on his or her own behalf or on behalf of any third party, will be referred to herein as a “DanscooL Member”.
b. Subject to the terms and conditions of these Terms, DanscooL hereby grants you a limited revocable, non-exclusive, non-transferable license to access and use the Service, solely in the manner intended by DanscooL. Unless otherwise specified in writing, the Service is solely for your personal use and not for resale. DanscooL reserves the right at all times and without notice to: (i) restrict and/or terminate your access to the Service (or any portion thereof); and (ii) modify or discontinue providing the Service (or any portion thereof).
2. Registration, Accounts, Passwords and Security
a. DanscooL Member. In order to become an DanscooL Member, you must complete the registration process by providing DanscooL with current, complete and accurate information, as prompted by the applicable registration form.
b. Accuracy of Information. You acknowledge that in the event you provide any information to DanscooL which is untrue, inaccurate, not current or incomplete, DanscooL may terminate these Terms and your continued access and use of the Service.
c. Eligibility. You represent and warrant that you are at least 18 years of age, that you have not been previously suspended or removed from the Service, you reside in the United States or Canada and that you possess the legal right and ability to enter into these Terms. the service is not for persons under the age of 18 or any users previously suspended or removed from the service by DanscooL. if you are under 18 years of age, please do not use or access the service at any time or in any manner.
d. If you are using the Service on behalf of an individual, company, entity, or organization (each, an “Organization”), you represent and warrant that (A) you are an authorized representative of such Organization with the authority to bind such Organization to these Terms, (B) agree to be bound by these Terms on behalf of such Organization, and (C) your Organization meets the eligibility requirements for the Service, as set forth in these Terms. Further, you will be solely responsible for ensuring your Organization complies with these Terms.
e. Credentials. As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. You agree to notify DanscooL immediately of any unauthorized use of your account or any other breach of security. To notify us, contact us at firstname.lastname@example.org. You are responsible for all use of the Service occurring under your user name. You are responsible for keeping your password confidential and for notifying us if your password has been hacked or stolen. DanscooL will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You may be held liable for any losses incurred by DanscooL or another party due to someone else using your account or password.
3. Your Responsibilities
You may use the Service solely for lawful purposes, as intended through the provided functionality of the Service. You may not use the Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party’s use and enjoyment of the Service. You may not attempt to gain unauthorized access to the Service, user accounts, or computer systems or networks, through hacking, password mining or any other means. Without limiting any of the foregoing, you expressly agree that you will not (and you agree not to allow or assist any third party to):
a. use, copy, install, transfer or distribute the Service, except as specifically permitted by these Terms;
b. modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Service or its Content (as defined below);
c. remove or alter any copyright, trademark or other proprietary rights notices contained in or on the Service or in or on any content or other material obtained through the Service or the use of the Service;
d. create user accounts by automated means or under false or fraudulent pretenses;
e. use any robot, spider, screen or database scraper, site search or retrieval application, or other automated device, process or means to access, retrieve or index any portion of the Service;
f. probe, scan or test the vulnerability of any system or network or breach any security or authentication measures;
g. reformat, mirror, or frame any portion of the web pages that are part of the Service;
h. express or imply that any statements you make are endorsed by us, without our prior written consent in each instance;
i. transmit (i) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights, (ii) any material, non-public information about individuals or companies without the authorization to do so, (iii) any trade secret of any third party, and/or (iv) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or engage in spamming or flooding;
j. transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents;
k. harvest or collect information about other users without their prior written consent;
l. undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including Content, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the Service’s authorized features, or by law, or otherwise attempt to use or access any portion of the Service other than as intended by DanscooL;
m. access, tamper with, or use non-public areas of the Service, DanscooL’s (and its hosting company’s) computer systems and infrastructure, or the technical delivery systems of DanscooL’s providers;
n. harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including DanscooL employees and other users;
o. create a new account with DanscooL, without DanscooL’s express written consent, if DanscooL previously disabled an account of yours;
p. solicit, or attempt to solicit, personal information from other users, except as permitted through the Service’s functionality;
q. restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
r. gain unauthorized access to the Service, to other users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service;
s. violate any applicable federal, state or local laws, regulations or these Terms;
t. use the Service for any illegal, inappropriate and/or unauthorized conduct, including without limitation, using the Service to contact other DanscooL Users for sexual or other inappropriate purposes, or using the Service in violation of DanscooL’s or any third party’s intellectual property or other proprietary or legal rights; or
u. use or access the Service to build a competing service. We may take any legal action and implement any technical remedies to prevent the violation of these provisions and to enforce these Terms.
4. Payment Terms and Order Processing
a. Access to the Service, or to certain features of the Service, may require you to pay fees, and may provide you the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize DanscooL to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges by following the instructions in your account settings. It may take up to 7 business days for the update or cancellation to take effect.
b. DanscooL monthly, quarterly and yearly fees provide members solely with entry access to the content of our services without the right to viewing or using DanscooL video content, except for the viewing of the 25 free videos included in the membership fees. Members will be required to pay additional fees for the right to view and use videos for learning purposes, as well as additional fees for our merchandise, private lessons, live zoom classes, Live in-studio classes or to certain features of the Service. Members may have the option to activate recurring automatic payments for those fees. Before you pay any fees, including before activating or updating any recurring payments, you will have an opportunity to review the fees that you will be charged before you accept them. If you activate or update recurring payments through the Service, you authorize DanscooL to periodically charge, on a going-forward basis and until cancellation, all accrued sums on or before the payment due date for the accrued sums. You can cancel recurring charges by following the instructions in your account settings. It may take up to 7 business days for the update or cancellation to take effect.
c. All fees are in your local currency based on residence (USD) and are non-refundable. DanscooL may change the fees for the Service or any feature of the Service, including by adding fees, on a going-forward basis at any time. If DanscooL changes the fees for the Service, including by adding additional fees or charges, you will be provided advance notice of those changes and the opportunity to accept the changes. If you do not accept the changes, DanscooL may discontinue providing the Service to you.
e. All purchases of Merchandise from DanscooL are made pursuant to a shipment contract. This means that the risk of loss and title for Merchandise pass to you upon our delivery to the carrier of the applicable Merchandise. You are responsible for payment of all shipping charges, both for initial purchase of any Merchandise, as well as shipping charges for returns. DanscooL does not take title to returned items until the item arrives at our fulfillment center. For more information about our returns and refunds, please see our return policy posted on our website. DanscooL attempts to be as accurate as possible when describing its Merchandise. However, DanscooL does not warrant that product descriptions or other content of the Service is accurate, complete, reliable, current, or error-free. If any Merchandise is not as described, your sole remedy is to return it in unused condition.
5. Consent to Electronic Communications
b. If you wish to remove yourself from any list (other than as set forth in Section 5.b), please email us with an “unsubscribe”, “stop” or “remove” in the subject line.
c. Depending on your current carrier plan, you may incur charges for these Messages and Notifications and agree to not hold DanscooL liable for any charges incurred. You acknowledge that any terms between you and any third-party provider (such as, for example, Apple®, Android™, or Verizon) create no obligation or responsibility on the part of DanscooL, and that DanscooL is not responsible for any failure of warranty by any such third party.
d. DanscooL cannot control certain factors relating to message delivery. You acknowledge that, depending on your mobile carrier’s service, it may not be possible to transmit a text message to you successfully. We have no liability for transmission delays or message failures.
6. Content Submitted to the Service
a. By sending or transmitting to us information, opinions, creative suggestions, ideas, notes, concepts, or other materials (collectively, “Materials”), or by posting such Materials to any area of the Service, you grant DanscooL and its designees a worldwide, non-exclusive, sub-licenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed to enhance and develop the Service, including by marketing and advertising the Service, without compensation to you; provided that we will never use your name in connection with any of your Materials that we use in our own advertising and marketing materials without obtaining your prior consent. None of the Materials will be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we will not be liable for any use or disclosure of any Materials. DanscooL may remove or alter any Materials at any time for any reason. We neither endorse nor are responsible for any opinion, advice, information, or statement made or displayed on the Service by any user. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages, or for any results obtained from the use of such information. Under no circumstances will DanscooL and/or its affiliates, suppliers, or agents be liable for any loss or damage caused by your reliance on such information obtained through the Service. We cannot and do not take responsibility for the veracity, reliability, or completeness of any opinion, advice, information, or statement available on the Service.
b. The opinions expressed on the Service by users reflect solely the opinions of the users who post thereon and do not reflect the opinions of DanscooL. You acknowledge and agree that we have the right (but not the obligation) to monitor the Service and Materials; to alter or remove any Materials; and to disclose Materials and the circumstances surrounding their transmission to any third party in order to operate the Service properly; to protect ourselves, our sponsors, and our members and visitors; and to comply with legal obligations or governmental requests. If you believe a message violates our member policies, please contact DanscooL immediately at email@example.com so that we can consider its editing or removal.
c. You are solely responsible for your Materials and the consequences of posting them on the Service. By posting Materials, you represent, warrant, and covenant that: (i) you are the creator and owner of the Materials or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) your Materials do not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right or (B) slander, defame, or libel any other person; (iii) your Materials do not contain any viruses, adware, spyware, worms, or other harmful or malicious code or (iv) unless you have received prior written authorization, your Materials specifically do not contain any confidential information of any third party. We reserve all rights and remedies against any users who breach these representations and warranties.
d. Sending Messages. The Service may allow DanscooL Members to exchange messages (“Messages”) with each other. Sending Messages is a privilege, not a right, and DanscooL may terminate such privileges of any DanscooL Member at any time and for any reason, without any liability to such DanscooL Member. Harmful, obscene, or offensive communications are not welcome in any Messages. If a user sends you an objectionable Message, please notify us by sending an e-mail to firstname.lastname@example.org. You should exercise discretion, good sense, and sound judgment when sending a Message. You are solely responsible for the content of any Message you send. You agree that DanscooL may monitor Messages for compliance with these Terms, and therefore, Messages should not be considered confidential or proprietary. You hereby grant us an assignable, sublicensable, irrevocable license to reproduce and transmit your Messages in connection with facilitating transfer to the intended recipient through the Service and for such other purpose as DanscooL may deem appropriate in its sole discretion.
DanscooL may provide contests on the Service. The rules, regulations, and procedures governing such contests (“Contest Rules”) will be accessible through a hypertext link displayed on the web page where the contest or game may be located. By entering or participating in any of our contests or games, you agree to be subject to those rules, regulations and procedures as well as the terms and conditions of these Terms. In the event of a conflict between any Contest Rules and these Terms, the applicable Contest Rules will govern.
8. Term and Termination
b. Effect of Termination. The following Sections of these Terms will survive termination or expiration of the Agreement: 1.c, 2.c, 3, 5.e, 6, 8.b, 9, 10 – 16, 18 – 27. Payments by you, which accrue or are due before termination of your membership, will continue to be payable by you, and amounts owed to DanscooL at the time of such termination or expiration will continue to be owed by you, after such expiration or termination.
a. Proprietary Information. You acknowledge and agree that: (i) the Service, including, without limitation, any articles, photos, videos, recordings or other content (“Content”), modifications, enhancements and updates, and any originals and copies thereof, in whole or in part, and all intellectual property rights therein (collectively, “Proprietary Information”), is owned by DanscooL and its licensors, as applicable; (ii) the Proprietary Information contains valuable copyrighted and proprietary material of DanscooL; (iii) the Proprietary Information is licensed, rather than sold, to you pursuant to these Terms; and (iv) you have no rights in the Proprietary Information, other than the rights and licenses specifically granted to you pursuant to these Terms.
b. Trademarks. You acknowledge that DanscooL has acquired, and is the owner of, trademark rights in the name and word mark “DanscooL”™ and in the other marks and design marks displayed on the Service. You acknowledge that this name and these marks are famous and internationally known. You will not, at any time or for any reason, challenge the validity of, or DanscooL’s ownership of, the foregoing name and marks, and you waive any rights you may have at any time to do so. All use of the foregoing name and marks by you will inure exclusively to the benefit of DanscooL. All marks shown on the Service but not owned by DanscooL are the property of their respective owners.
10. Fitness and Dance Class Participation Waiver
a. You acknowledge that participation in fitness and dance classes via the Service involves strength, flexibility, aerobic, cardio and other exercises, including the use of equipment, all of which can be potentially hazardous activities. You accept full responsibility over the location where you engage in fitness and dance classes via the Service, you acknowledge that DanscooL has no control over the location that you choose, and that the location of participation in fitness and dance activities involves additional risks, including, but not limited to, those caused by terrain, facilities, temperature, weather, environment, vehicular traffic, lack of hydration and actions of other people.
b. In becoming a DanscooL Member with the intent of using the Service, you affirm that either (i) all of the following statements are true: (A) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (B) you have never felt chest pain when engaging in physical activity; (C) you have not experienced chest pain when not engaged in physical activity at any time within the past month; (D) you have never lost your balance because of dizziness and you have never lost consciousness; (E) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (F) your physician is not currently prescribing drugs for your blood pressure or heart condition; (G) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (H) you do not know of any other reason you should not exercise or dance; or (ii) your physician has specifically approved of your use of the Service. If applicable, you further affirm that (i) you are not pregnant, breastfeeding or lactating; or (ii) your physician has specifically approved your use of the Service. DanscooL reserves the right to refuse or cancel your membership if we determine that you have certain medical conditions or that the representations set forth above are untrue in any respect.
c. By using the Service, you: (i) acknowledge and agree that you are voluntarily participating in fitness and dance classes provided via the Service; (ii) hereby assume and accept any and all risks of injury, physical harm, or death; (iii) acknowledge and represent that you are physically sound and do not suffer from any illness, impairment, disease or other condition that would prevent you from participating in the fitness and dance classes, performing any exercises, or using any equipment; and (iv) knowingly and voluntarily, on behalf of yourself and your heirs and assigns, forever waive, release, discharge and hold harmless DanscooL and its subsidiaries and affiliates, and each of their respective officers, directors, employees, agents, representatives, and each of their respective successors and assigns, individually and collectively, from any and all liability, damages, losses, suits, demands, causes of action (including, without limitation, negligence) or other claims of any nature whatsoever, including, without limitation, any losses for property damage, personal injury, or death, arising out of or relating in any way to your participation in the fitness and dance classes provided via the Service.
11. Professional Advice and Medical Disclaimer
a. the service offers health, dance and fitness information and is designed for informational and entertainment purposes only. you should consult your physician before beginning a new fitness or dance program. 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. do not disregard, avoid or delay obtaining medical or health related advice from your healthcare professional because of something you may have read or heard on the service. do not use the service if your physician or health care provider advises against it. if you experience faintness, dizziness, pain or shortness of breath at any time while exercising or dancing, you should stop immediately.
b. nothing stated or posted or otherwise available through the service is intended to be, and must not be taken to be, the practice of medical or counseling care. for purposes of this agreement, the practice of medicine and counseling includes, without limitation, psychiatry, psychology, psychotherapy, or providing health care treatment, instructions, diagnosis, prognosis or advice. the service is continually under development and DanscooL makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose or its suitability for you. in that regard, developments in medical research may impact the health, fitness and nutritional information that appears on the service. no assurance can be given that the advice contained in the service will always include the most recent findings or developments with respect to the particular material. the use of information provided through the service is solely at your own risk.
12. Disclaimer of Warranties
a. to the fullest extent permitted by law, the service is provided “as is” with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. you acknowledge that, because of the nature of the internet, mobile networks, and the devices which access the internet and/or mobile networks, the service may not be accessible when needed, and that information, data, audio and video transmitted over the internet and/or mobile networks may be subject to interruption or third party interception and modification. to the fullest extent permitted by law, DanscooL disclaims any and all warranties or conditions, express or implied, including, but not limited to the implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, quiet enjoyment, accuracy of informational content, and absence of viruses and damaging or disabling code. to the fullest extent permitted by law, none of DanscooL, its affiliates or service providers, DanscooL’s content providers and/or their respective affiliates, subsidiaries nor the employees, agents and/or contractors (collectively, the “DanscooL parties”) warrant the accuracy, completeness, or timeliness of the service. DanscooL cannot and does not assume any responsibility for any loss, damages or liabilities arising from the failure of any telecommunications infrastructure, or the internet or for your misuse of any of content and information accessed through the service. you expressly agree that your use of the service and your reliance upon any of the respective content is at your sole risk.
b. You acknowledge that any information you obtain from another DanscooL Member comes from those individuals, and not from DanscooL, and that DanscooL, to the fullest extent permitted by law, is not in any way responsible for any of the information these third parties may supply or for any statements, claims, or representations they may make. To the fullest extent permitted by law, DanscooL disclaims any such statements, claims, or representations and the same do not expand or otherwise modify the terms of these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy is to discontinue accessing and using the Service.
13. Limitation of Liability
a. to the fullest extent permitted by law, each DanscooL member is solely responsible for (i) his or her use of the service, and (ii) any damages incurred by him or her or any third party that arise from or are related to the service. the aggregate liability of the DanscooL parties for any damages, whether arising in contract, tort or otherwise, will be limited to actual damages proved, and not to exceed the amount paid by you to DanscooL for the service. to the fullest extent permitted by law, and notwithstanding anything to the contrary set forth herein, none of the DanscooL parties will be liable for any punitive, special, indirect or consequential damages, even if DanscooL or its content providers have been advised of the possibility of such damages.
b. to the fullest extent permitted by law, none of the DanscooL parties will have any liability whatsoever for any losses; costs or damages of any kind incurred or suffered by you as a result of services provided by any of other DanscooL member pursuant to the service.
c. you represent that you have independently investigated the advisability of using the service and the possible risks involved in using the service. you agree to maintain your own insurance covering such risks and will look solely to such insurance for reimbursement of any resulting damages.
14. Third Party Disputes
DanscooL is not affiliated with any carrier, service provider, or third party service, and any dispute you have with any carrier, service provider, third party service or other third party arising from your use of the service, including, without limitation, any other DanscooL member or your employer, is directly between you and such third party, and you irrevocably release DanscooL (and our officers, directors, agents, subsidiaries, joint ventures, and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
15. Force Majeure
DanscooL will not be liable for any delay or failure to perform any obligation herein if the delay or failure is due to unforeseen events that are beyond DanscooL’s reasonable control, such as strikes, blockade, war, terrorism, riots, natural disasters, epidemic or governmental action, in so far as such an event prevents or delays DanscooL in fulfilling its obligations hereunder.
16. Indemnification and Release
a. To the fullest extent permitted by law, you will defend, indemnify and hold DanscooL, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents, harmless against any loss or damage of any kind (including, without limitation, attorneys’ fees and lost revenues) arising from: (i) any and all breaches by you of these Terms or any representation, warranty or covenant contained herein; (ii) any and all use of the Service not specifically authorized hereunder and on the Service; and (iii) any and all claims and actions against DanscooL by other parties to whom you allow access to the Service.
b. To the fullest extent permitted by law, you further waive, release and forever discharge the DanscooL Parties from any and all responsibility or liability for injuries or damages resulting from your Massages or any other service obtained through the use of the Service, including injuries or damages caused by the negligent act or omission of the Released Parties or in any way arising out of or connected with the Service.
c. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim. You will not, in any event, settle any claim or matter without our written consent.
17. Additional Service Features
The Service may contain information on products and services provided by third parties, and links (including advertisements) to third party web sites. This information and these products, services, and links are provided only as a convenience to DanscooL Members. DanscooL does not review or control this information or these products, services, or other web sites, and DanscooL does not make any representations or warranties, express or implied, regarding this information or these products, services, or web sites. Inclusion of any of the foregoing in the Service does not constitute or imply an endorsement, authorization, sponsorship, or affiliation by or with DanscooL with respect to any third party or its web site or content, or any information, products, or services provided by that third party. DanscooL is under no obligation to maintain any link on the Service and may remove a link at any time in its sole discretion for any reason whatsoever.
18. Dispute Resolution
Generally. In the interest of resolving disputes between you and DanscooL in the most expedient and cost effective manner, you and DanscooL agree that any dispute arising out of or in any way related to these Terms or your use of the Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or in any way related to these Terms or your use of the Service, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these terms. you understand and agree that, unless otherwise prohibited by applicable by law in your jurisdiction, by entering into these terms, you and DanscooL are each waiving the right to a trial by jury or to participate in a class or collective action. you further understand that these dispute resolution terms will apply to you and DanscooL unless you choose to opt out pursuant to section 18.i below.
Whether to agree to arbitration is an important business decision. It is your decision to make, and you should not rely solely on the information provided in these Terms as it is not intended to contain a complete explanation of the consequences of arbitration. You should take further steps to conduct research and to consult with others, including, but not limited to, an attorney, regarding the consequences of your decision, just as you would when making any other important business or life decision.
a. Exceptions. Despite the provisions of the Section entitled “Generally” directly above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) bring an action in a court pursuant to the California Private Attorneys General Act of 2004, California Labor Code § 2698 et seq.; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
b. Arbitrator. Any arbitration between you and DanscooL will be governed by the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting DanscooL. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
c. Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by U.S. Mail or electronic mail within the applicable statute of limitations period (“Notice”). DanscooL’s address for Notice is: P.O Box 1074 New York, NY 10276. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or DanscooL may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or DanscooL must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, DanscooL will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by DanscooL in settlement of the dispute prior to the arbitrator’s award; or (iii) $1,100.
d. Fees. If you commence arbitration in accordance with these Terms, DanscooL will reimburse you for your payment of the filing fee, unless your claim is for more than $16,000 or as set forth below, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in New York, New York, but if the claim is for $16,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse DanscooL for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
e. No Class Actions. unless otherwise prohibited by applicable law in your jurisdiction, you and DanscooL agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class or representative proceeding (other than actions under the california private attorneys general act of 2004, california labor code § 2698 et seq. which are not covered by this section 18). Further, unless both you and DanscooL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
f. Modifications to this Arbitration Provision. If DanscooL makes any future change to this arbitration provision, other than a change to DanscooL’s address for Notice, you may reject the change by sending us written notice within 30 days of the change to DanscooL’s address for Notice, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and DanscooL. If you do not send such written notice, your continued use of the Service following any such change means that you have consented to such change.
g. Enforceability. If the Section entitled “No Class Actions” is found to be unenforceable or if the entirety of this Section 18 is found to be unenforceable, then the entirety of this Section 18 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described directly in Section 20 below will govern any action arising out of or related to these Terms or your use of the Service.
h. Opt Out. Arbitration is not a mandatory condition of these Terms. If you do not want to be subject to this Dispute Resolution provision, you may opt out of this Dispute Resolution provision by notifying DanscooL in writing of your decision by sending, within 30 days of the date you receive these Terms, an electronic message to email@example.com, stating clearly your full name and intent to opt out of the Dispute Resolution provision. Should you choose not to opt out of this Dispute Resolution provision within the 30-day period, you and DanscooL will be bound by the terms of this Dispute Resolution provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution provision.
19. Protected Activity Not Prohibited
You should understand that, insofar as permitted by applicable law, nothing in these Terms will in any way limit or prohibit you from filing a charge or complaint with, or otherwise communicating or cooperating with or participating in any investigation or proceeding (“Protected Activity”) that may be conducted by any federal, state or local government agency or commission (“Government Agencies”). You understand that in connection with such Protected Activity, you are permitted to disclose documents or other information as permitted by law, and without giving notice to, or receiving authorization from, DanscooL. Notwithstanding, in making any such disclosures or communications, you agree to take all reasonable precautions to prevent any unauthorized use or disclosure of any information that may constitute DanscooL confidential information to any parties other than the Government Agencies.
20. Governing Law; Choice of Forum
The laws of the State of New York, excluding its conflicts of law rules, govern these Terms and your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws; provided, however, that the United Nations Convention on Contracts for the International Sale of Goods will not apply to any provision of these Terms. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Manhattan County, New York and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
If You provide any feedback to DanscooL concerning the functionality and performance of the Service (including identifying potential errors and improvements), You hereby assign to DanscooL all right, title, and interest in and to such feedback, and DanscooL is free to use such feedback without payment or restriction.
22. Entire Agreement; Variation
These Terms set forth the entire agreement between DanscooL and you with respect to the Service. These Terms supersede and govern all previous oral and written communications regarding these matters, all of which are merged into these Terms. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these Terms. These Terms may be changed only by a written agreement signed by an authorized agent of the party against whom enforcement is sought
If any provision of these Terms is held invalid, illegal or unenforceable, such provisions will be modified, or if not possible, severed, to reflect the fullest valid, legal and enforceable expression of the intent of the parties and the remainder of these Terms will not be affected thereby.
24. Relationship of Parties
Nothing herein will be deemed to create an employer-employee relationship between DanscooL and you, nor any agency, joint venture or partnership relationship between the parties. Neither party will have the right to bind the other to any obligation, nor have the right to incur any liability on behalf of the other.
No delay, omission, or failure to exercise any right or remedy provided herein will be deemed to be a waiver thereof or an acquiescence in the event giving rise to such right or remedy, but every such right or remedy may be exercised, from time to time as may be deemed expedient by the party exercising such remedy or right.
Neither these Terms nor any of the rights granted to you herein may be assigned or transferred by you, whether voluntarily or by operation of law, without the express prior written permission of DanscooL and any attempt to do so will be null and void. However, DanscooL may assign or transfer these Terms at any time without your permission.
27. Third-Party Beneficiaries
The provisions of these Terms relating to the rights of DanscooL content providers are intended for the benefit of such content providers, and such content providers, as third-party beneficiaries, will be entitled to enforce such provisions in accordance with their terms, irrespective of the fact that they are not signatories to these Terms.
NOTICE REGARDING APPLE. You acknowledge that these Terms are between you and DanscooL only, not with Apple, and Apple is not responsible for the Service or the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund the purchase price for the relevant Service to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (i) product liability claims; (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service or your possession and use of the Service infringes that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms. You hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. If DanscooL provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version will prevail.
28. English Language
It is the express wish of the parties that this agreement and all related documents be drawn up in English. C’est la volonté expresse des partie concernées que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.