TERMS OF USE
Welcome to the Dancebook website (“Site”) and mobile application (“App”), and the services available through both the Site and the App (collectively, “Services”). These Terms of Use (“Terms”) sets forth the agreement between Dancebook, its parent, subsidiaries and other affiliated companies (collectively, “Dancebook” or “we”) and each user (“you” or “user”) governing the use by you of the Services. Please read these Terms carefully before using the Services. By using the Site, App and Services, you agree to be bound by these Terms. By clicking on the “I Accept” button, completing the registration process, and/or downloading, and/or using the App, you represent that (1) you have read, understand, and agree to be bound by these Terms, (2) you are of legal age to form a binding contract with Dancebook, and (3) you have the authority to enter into these Terms personally or on behalf of the company you have named as the user, and to bind that company to the Terms. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS CONTAINED HEREIN, YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICES.
PLEASE BE AWARE THAT THESE TERMS CONTAIN PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND DANCEBOOK TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
These Terms may change from time to time. We will notify you of any material changes to these Terms by posting a notice on the homepage of the App and Site for a reasonable period of time after such changes are made, email you notice of such changes to the email address on file through your registration and by changing the “Last Updated” date at the top of this webpage. We encourage you to check this page periodically for any changes. Your continued use of the App and/or Site following the posting of changes to these Terms will mean you accept those changes.
In addition, when using particular services or features, you shall be subject to any posted guidelines or policies applicable to such services, features or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.
User Accounts
The App allows you to create one (1) universal profile (“Account”) that enables you to perform aggregated searches, post media content, advertise, schedule or pay for dance related Offerings, including events, classes and castings (“Offering”) As part of the Account registration process, you must provide your first and last name, email address, city and state, phone number, username and password. You may also provide additional Account information such as, biography, business name and location, photos or videos. If you choose to purchase or post a class or event, or pay for an advertised listing, you must also provide applicable billing information.
By creating an Account, you also confirm that you will not make payments in connection with the following businesses or business activities: (1) any illegal activity, (2) credit counseling or repair agencies, (3) credit protection or identity theft protection services, (4) direct marketing or subscription offers or services, (5) infomercial sales, (6) internet/mail order/telephone order pharmacies or pharmacy referral services (where fulfillment of medication is performed with an internet or telephone consultation, absent a physical visit with a physician including re-importation of pharmaceuticals from foreign countries), (7) multi-level marketing businesses, (8) inbound or outbound telemarketers, (9) prepaid phone cards or phone services, (10) rebate based businesses, (11) upsell merchants, (12) bill payment services, (13) betting, including lottery tickets, casino gaming chips, off-track betting, and wagers at races, (14) financial institutions Offering manual or automated cash disbursements, (15) financial institutions Offering merchandise and services, (16) sales of money orders or foreign currency by non-financial institutions, (17) wire transfer money orders, (18) high-risk merchants, including telemarketing merchants, (19) service station merchants, (20) automated fuel dispensers, (21) adult entertainment oriented products or services (in any medium, e.g., internet, telephone or printed material), (22) internet/mail order/telephone order firearm or weapon sales, (23) internet/mail order/telephone order cigarette or tobacco sales, (24) drug paraphernalia, (25) hate products, (26) escort services, and/or (27) bankruptcy attorneys.
You are solely responsible for managing your Account. You agree to promptly update any outdated personal or business information on the Services. You may not transfer or share your Account password with anyone, or create more than one Account. You shall be solely responsible for any and all uses on the App under your Account and for maintaining confidentiality of your username and password. You agree that all information you provide to us at all times, including during registration and any other information you upload to your Account and the Services will be true, accurate, current, and complete. Your Account is non-transferrable and may not be sold, combined or otherwise shared with any third party. We reserve the right to suspend or terminate your Account if you provide inaccurate, untrue, or incomplete information or if you attempt to use your Account to engage in illegal or unethical activities.
If you register for the App through your Google account (“Google Account”), you are allowing Dancebook to access your Google Account as permitted under the applicable terms and conditions that govern your use of your Google Account. You represent that you are entitled to disclose your Google Account login information to Dancebook and/or grant Dancebook access to your Google Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of your Google Account and without obligating Dancebook to pay any fees or making Dancebook subject to any usage limitations imposed by Google. PLEASE NOTE THAT YOUR RELATIONSHIP WITH GOOGLE IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH GOOGLE, AND DANCEBOOK DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO US BY GOOGLE IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN YOUR GOOGLE ACCOUNT.
Account Eligibility Restrictions:
The Services are offered and available to users who are 14 years of age or older and reside in the United States. If posting any Offerings, you must also have all necessary county or city permits/licenses, insurance and the requisite training. If you do not meet all of these requirements, you must not access or use the Services. We do not conduct background screenings on users. However, we reserve the right to conduct any background checks, at any time and using available public records, to confirm your compliance with this subsection.
Scope of License
These Terms grant you a personal, limited, non-exclusive, revocable, non-transferable, non-sublicensable, revocable license to use the App on any IOS or Android mobile device. The Terms do not allow you to use the App on any mobile device that you do not own or control, and you may not distribute or make the App available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute or sublicense the App. You will not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the App, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the App). Any attempt to do so is a violation of the rights of Dancebook and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The Terms will govern any upgrades provided by Dancebook that replace and/or supplement the original App, unless such upgrade is accompanied by separate terms of use in which case those terms of use of use will govern.
You may use the App only to the extent that you obey all laws, rules, and regulations applicable to your use of the App. While we want you to enjoy the App, you may not, nor may you permit any third party to do any of the following: (i) access or monitor any material or information on any Dancebook system using any manual process or robot, spider, scraper, or other automated means; (ii) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell or distribute in any way material or information from Dancebook; (iii) permit any third party to use or benefit from the App via a rental, lease, timesharing, service bureau or other arrangement; (iv) transfer any rights granted to you under this Agreement; (v) violate the restrictions in any robot exclusion headers on the App or any Dancebook service or product, work around, bypass, or circumvent any of the technical limitations of the App, use any tool to enable features or functionalities that are otherwise disabled in the App, or decompile, disassemble or otherwise reverse engineer the App; (vi) perform or attempt to perform any actions that would interfere with the proper working of the App, prevent access to or use of the App by other users, or impose an unreasonable or disproportionately large load on our infrastructure; or (vii) otherwise use the App except as expressly permitted herein
Right to Change the App
Dancebook is committed to ensuring that the App is as useful and efficient as possible. For that reason, we reserve the right to make changes to the App or its Services, including its core functionality, at any time and for any reason.
App Store
When you download our App, you may do so through a third party’s App Store (ie – Apple App Store or Google Play Store). You acknowledge that these Terms are between you and us and not with the owner or operator of the App Store (“App Store Owner”). As between the App Store Owner and us, we, and not the App Store Owner, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store Owner in connection with the Services, including the App.
Copyrights And Trademarks
Unless otherwise noted all materials, including images, illustrations, designs, coding, software, icons, photographs, sounds, videos, written, and other materials that appear as part of the Services are copyrights, patents, trademarks, trade dress and/or other forms of intellectual property owned, controlled, and/or used under license or with other legal authority by Dancebook. The Services as a whole are protected by copyright and trade dress, all worldwide rights, titles and interest in and to which are owned by Dancebook.
The material and content accessible from this App, Site, and any other website or mobile application owned, operated, licensed, or otherwise controlled by Dancebook is the proprietary information of Dancebook or the party that provided or licensed the content to Dancebook, whereby such providing party retains all rights, title and interest in the content. Accordingly, the content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Dancebook. Modification or use of the content except as expressly provided in these Terms violates Dancebook’ intellectual property rights. Neither title nor intellectual property rights are transferred to you by access to this App. Subject to your compliance with this Agreement, we grant to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download, view, and, display the content made available on the Services solely in connection with your permitted use of the Services and solely for your personal and non-commercial purposes.
Content License. You are solely responsible for, and assume all liability regarding, any information and content you provide or otherwise make available on the Services, including the text, videos and images in your Account, that you post to the Services or provided to any other user (“User Content”). You agree not to post any contact information such as your phone number and email address in the body of your Account profile, available to other users. By making available any User Content on or through the Services, you (i) hereby grant to Dancebook the right to use User Content as necessary to provide the Services, promote the Services and improve the Services, and (ii) waive any and all moral rights that you may have in and to User Content with respect to these uses. Dancebook does not claim any ownership rights in any of User Content and nothing in this Agreement will be deemed to restrict any rights that you may have to use and exploit any of User Content.
By submitting any User Content, you grant us a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such User Content in connection with operating and providing the Services to you and other users, for marketing and internal research purposes, and for external research purposes (for external research, any information will be provided in anonymized and aggregated form).
Dancebook takes no responsibility and assumes no liability for anything sent to us or posted through the App, or for any loss or damage resulting therefrom. Your use of the App and Services is at your own risk. In addition, these rules do not create any private right of action on the part of any third-party or any reasonable expectation that the Site will not contain any content that is prohibited by such rules. Dancebook reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dancebook’ sole discretion.
Copyright Policy. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Services. You represent and warrant that: (1) represent and warrant that you have all the appropriate rights and permission (including getting permission from others in photos you provide) to provide such User Content to us, as contemplated under these Terms; and (2) neither User Content nor your posting, uploading, publication, submission or transmittal of User Content or Dancebook’s use of User Content (or any portion thereof) on, through or by means of the Services will infringe, misappropriate or violate any patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
DMCA Notice. You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our us with the following information in writing (see 17 U.S.C 512(c)(3) for further details):
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Errors and Inaccuracies
We always strive to provide complete, accurate, up-to-date information on our App or Site. Unfortunately, despite those efforts, human or technological errors may occur. This App or Site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing or availability, Offering descriptions or course content, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions at any time.
Optional Tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools, “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the App or Site, or as a function of the Service, is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).We may also, in the future, offer new services and/or features through the App or Site (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms.
Termination
You may deactivate or remove your Account at any time for any reason by contacting us at info@dancebookco.com or messaging us directly through the Site or App. Dancebook may choose to suspend or terminate your use of the Services and/or your Account for any reason at any time. Upon termination, your Account shall be deactivated and you will not be able to continue to use the Services. Subject to applicable law, Dancebook reserves the right to maintain, delete or destroy all communications and materials posted or uploaded to the Services pursuant to its internal record retention and/or content destruction policies. After such termination, Dancebook will have no further obligation to provide any services, except to the extent we are obligated to provide you access to your company records (if applicable).
Prohibited Uses and Communication Services
You are responsible for your use of the Services, and for any use of the Services made using your Account. Our goal is to create a positive and useful experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Services and any enabled communication services such as reviews, direct messaging, and posted Offerings (collectively, “Communication Services”), you agree not to:
Although we’re not obligated to monitor access to or use of the Services or to review or edit any User Content, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any part of the Services, including any User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any of the foregoing to be objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement and other authorities, including by sharing any User Content, as requested by law enforcement or as we, in our sole discretion, deem necessary to protect the safety or wellbeing of our users or any other person.
Risk Assumption and Precautions
You assume all risk when using the Services, including but not limited to all of the risks associated with any online or offline interactions with others or participation in an Offering. We are not responsible for the conduct of other users. You agree to take all necessary and appropriate precautions when sharing your personal information and communicating with other users. You understand that we do not (except as described in these Terms) conduct background checks, or verify the business information, identity, profiles, or any other User Content. You are under no obligation to use the Services or continue to communicate with any User.
No Guarantees
Each user is solely responsible for any and all of its own User Content and any actions or inactions while operating, participating in or providing a given Offering. Because we do not control User Content, you understand and acknowledge and agree that we are not responsible for any User Content or Offerings posted or purchased through the Services, whether provided by you or by others. Third-party merchants and users provide all Offerings through the App. These merchants, and not Dancebook, are responsible for customer service related to those goods and services, including the nature, content and quality of the event, class or casting, and reservation, cancellation, return and refund policies, adjustments, rebates, functionality and warranty, technical support, and issues concerning experiences with a merchant’s personnel, policies, or processes. The Networks and/or other entity issuing your payment card, and not Dancebook, are responsible for customer service related to your payment card.
We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content or given Offering. Your interactions with other users of our Services are solely between you and such users. You agree that Dancebook will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, we are under no obligation to become involved.
Indemnification
You agree to indemnify, defend and hold harmless Dancebook and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim, actions, demands, liabilities and settlements, including but not limited to, reasonable attorneys’ fees costs, and accounting fees due to or arising out of your breach of these Terms or the documents they incorporate by reference, your User Content, your negligence, your actions or inactions, personal or property damage or violations of any rules at a specific Offering, or your violation of any law or the rights of a third-party.
Dancebook reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Dancebook in asserting any available defense and doing so will not otherwise excuse your indemnity obligations.
Disclaimer Of Warranties; Limitations Of Liability
The following disclaimers are made on behalf of Dancebook, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
All App content, including without limitation, any products, services, video content, advice, recommendation or opinion, offer or coupon, or other information provided on or through the App is for informational purposes only, and should not be construed to indicate that any such content is endorsed by Dancebook, nor is there any representation or warranty by Dancebook that the content is reliable, accurate, timely, complete, effective, or safe for your use. YOU ACKNOWLEDGE THAT RELIANCE ON ANY INFORMATION PROVIDED ON OR THROUGH THE SITE IS SOLELY AT YOUR OWN RISK.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. DANCEBOOK EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, TITLE, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF THE SERVICES, ANY CONTENT OR ANY USEER CONTENT. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DANCEBOOK OR ITS OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO OR ARISING OUT OF YOUR USE OF THE APP, SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT ITS LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW. IN NO EVENT SHALL DANCEBOOK, ITS PROCESSORS, AGENTS, SUPPLIERS, OR LICENSORS (OR THEIR RESPECTIVE AFFILIATES, AGENTS, DIRECTORS, AND EMPLOYEES) BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING $500.
YOU UNDERSTAND THAT WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT ANY ASPECT OF THE SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE, OR THAT ANY ASPECT OF THE SERVICES WILL MEET YOUR NEEDS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR APP AND SITE FOR ANY RECONSTRUCTION OF ANY LOST DATA. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY PRODUCTS OR SERVICES LINKED TO THEM.
You hereby release Dancebook and its successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the App, including but not limited to, any interactions with or conduct of other users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Dancebook or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
Force Majeure
In case of force majeure, we are not obliged to fulfill our obligations. In that case we may either suspend our obligations for the duration of the state of force majeure or definitely repudiate these Terms.
Events of force majeure are all circumstances external to our will and control that render the respect of our obligations completely or partly impossible. Such events include, but are not limited to, strikes, fire, pandemics, epidemics, unavailability of locations, disruption of energy supplies or telecommunication networks or communication systems and/or the temporary down-time of the App or Site, inability to process payment, post Offerings or other third-party obligations.
Geographical Use
Although this App may be accessible worldwide, we make no representation that materials on this App or the Services provided through this App are appropriate or available for use in locations outside the United States of America. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Export
The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Dancebook, or any products or services utilizing such data, in violation of the United States export laws or regulations.
Arbitration
In the event of any dispute, controversy or claim between the parties hereto arising out of or relating to this Agreement, the parties shall first seek to resolve the dispute in good faith through informal discussion. You agree that before initiating any dispute or arbitration proceeding, the parties will attempt to negotiate an informal resolution of any dispute and then proceed with mediation.
Mandatory Binding Arbitration. The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules. The language of the arbitration shall be English. The arbitrator may grant injunctions or other relief in such dispute or controversy. The arbitrator’s decision shall be final, conclusive and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court of competent jurisdiction. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement. During the arbitration, both You and Dancebook may take one deposition of the opposing party, limited to 4 hours. If the parties cannot agree on a time and location for a deposition, the arbitrator will resolve any scheduling disputes. Notwithstanding the foregoing, the arbitrator shall not have jurisdiction over any dispute relating to ownership, infringement or misappropriation of a party’s intellectual property or confidentiality rights unless the parties specifically so agree in writing in such matter, and either party may (after attempting informal resolution as provided above) submit any such dispute to any court in accordance with “Governing Law” section below, and may apply to any such court for injunctive relief in connection therewith. The arbitration will be held in the United States county where you live or work, Los Angeles, California, or any other location you and Dancebook mutually agreed upon in writing.
CLASS ACTION WAIVER. TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. USER AGREES THAT, BY ENTERING INTO THESE TERMS, USER AND DANCEBOOK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. Further, if the parties’ dispute is resolved through arbitration, neither JAMS nor the arbitrator may not consolidate another person’s claims with your claims or otherwise preside over any form of a representative or class proceeding for any purpose. If this specific provision is found to be unenforceable, then the entirety of this Section shall be null and void.
In any lawsuit in which (1) the complaint is filed as a class action or collective action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action must be litigated in a civil court of competent jurisdiction and not as a class or collective.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules. If you assert a claim against Dancebook, you will be responsible for paying a $250 consumer filing fee. Dancebook will pay for reasonable arbitration fees where: (a) the claim for damages does not exceed $10,000, and (b) the claims are not frivolous under Federal Rule of Civil Procedure 11(b). Dancebook will not seek attorneys’ fees or costs in arbitration unless the arbitrator determines the claims are frivolous under Federal Rule of Civil Procedure 11(b).
Severability
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.
Assignment
You shall not have the right to assign these Terms, any documents incorporated by reference or any part of the results and proceeds to any third party. Dancebook may assign these Terms at their sole discretion to any other party.
Notice
All notices given hereunder shall be in writing (email acceptable), and shall be sent by registered mail to the parties at their respective addresses. Either party may, by like notice, designate a different address for the serving of notices.
Attorney Fees
In the event that any dispute between you and us should result in litigation or arbitration, the prevailing party in such dispute shall be entitled to recover from the other party all reasonable fees, costs and expenses of enforcing any right of the prevailing party, including without limitation, reasonable attorneys’ fees and expenses. In addition to the foregoing award of attorneys’ fees, the prevailing party shall be entitled to its attorneys’ fees incurred in any post judgment proceedings to enforce any such judgment.
Agreement Shall be Binding
These Terms shall be binding upon, and inure to the benefit of, the heirs, executors, administrators, successors and assigns of the parties [unless to the contrary specifically provided in any particular covenant, term or condition hereof].
Remedies Cumulative
The remedies under these Terms are cumulative and shall not exclude any other remedies to which any person may be lawfully entitled.
Electronic Communications
The communications between you and Dancebook use electronic means, whether you visit the App or send Dancebook e-mails, or whether Dancebook posts notices on the App or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Dancebook in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Dancebook provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Interpretation
In the event any claim is made by either party, relating to any conflict, omission or ambiguity in these Terms, no presumption or burden of proof or persuasion shall be implied by virtue of the fact that these Terms was prepared by or at the request of a particular party or their counsel.
Waiver And Entire Agreement
The waiver by Dancebook of any breach or default shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of Dancebook to enforce or exercise any of the provisions hereof shall not be construed to be a waiver of the right of Dancebook thereafter to enforce such provisions.
These Terms, our Privacy Policy and any policies or operating rules posted by us on this App or in respect to the App or Site constitute the entire agreement and understanding between you and us and govern your use of the App, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
Governing Law And Jurisdiction
These Terms and any separate agreements whereby we provide you services shall be governed by the laws of the State of California. The parties consent and voluntarily submit to personal jurisdiction in the in the courts in California located in Los Angeles County in any proceeding dispute or claim arising out of or in connection herewith, including any dispute or claim regarding its subject matter, formation, validity, termination or breach thereof, whether sounding in contract, tort, or otherwise, and any such proceeding, dispute or claim shall be decided solely and exclusively by the state or federal courts located in Los Angeles County, California and in no other.
Contact Information:
Dancebook, LLC
info@dancebookco.com
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