Introduction

Welcome to dance.com (the “Site”), which is owned and operated by Movement87 LLC, a Florida limited liability company (“we”, “us” or “the Company”). By visiting or shopping at the Site, you (“you” or “your”) agree that you have read and agree to be bound by all the terms set forth in this Terms and Conditions (the “Agreement”), whether you are a registered member of the Site or not. Each registered member of the site is a “User;” each person accessing the Site who is not a User is a “Visitor.”

The Company reserves the right, at any time, without prior notice, to modify, alter or update the Agreement. Such modifications, alterations, or updates shall become effective immediately upon being posted on the Site. After modifications, alterations or updates are posted, your continued usage of the Site or the purchase of products therein will constitute your acknowledgement and acceptance of the modifications, alterations, or updates. It is your responsibility to regularly review the Agreement.

The Agreement governs our relationship with Users and others who interact with the Site. By using or accessing the Site, you agree to the Agreement, as updated from time to time.

Because the Site provides a wide range of services, we may ask you from time to time to review and accept supplemental terms that apply to your interaction with a specific app, product, or service. To the extent those supplemental terms conflict with this Agreement, the supplemental terms associated with the specific app, product, or service govern with respect to your use of such app, product, or service to the extent of the conflict.

By using the Site, you are agreeing to these Terms and Conditions.

Your Privacy

Your privacy is very important to us and our Privacy Policy describes how we collect, store, use, and protect information that you provide at or through the Site. You may access our Privacy Policy here and we encourage you to review it.

Site Safety

To help make the Site a safe and welcoming environment for all Users and Visitors, you agree that:

  • a. You will not use the Site to bully, intimidate, or harass any User.
  • b. You will not post or transmit any content that is hate speech, or that is threatening or incites violence, or that contains gratuitous or graphic violence, or that is pornographic or contains nudity.
  • c. You will not use the Site to do anything unlawful, misleading, malicious, or discriminatory.
  • d. You will not collect other Users’ content or information, or otherwise access the Site, using automated means.
  • e. You will not solicit login information or access an account belonging to someone else.
  • f. You will not violate this Agreement yourself or facilitate or encourage any violations of this Agreement by others.

Although we provide these rules for User conduct, we do not control or direct Users’ actions on the Site and are not responsible for any information Users post, transmit, or share on the Site. Therefore, we are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable material you may encounter on the Site. We are also not responsible for the conduct of any User or Visitor, whether on the Site, elsewhere in the cyber world, or in the real world.

Site Integrity

Except for scheduled maintenance, we try to keep the Site up and running at all times. However, we cannot do it alone. We need the commitment of Users to help. Accordingly, to assist us in maintaining the stability and reliability of the Site, you agree that:

  • a. You will not upload viruses or other malicious code to the Site or any page on the Site; and
  • b. You will not do anything that could disable, overburden, or impair the proper working or appearance of the Site, such as a denial of service attack or interference with page rendering or other functionality of the Site.

Registration and Account Security

The Site is intended for people to express and share their love of dance with others. Accordingly, Users need to be able to trust one another. Therefore, you agree and affirm that:

  • a. You are at least thirteen (13) years of age. By registering and using the Site, you are certifying to us that you are at least thirteen (13) years of age.
  • b. You will not provide any false personal information when you register for the Site or on the Site. This means that you are using your real name and other identifying information about yourself.
  • c. You will not create more than one personal account for yourself.
  • d. You will not create an account for anyone other than yourself without the express permission of the other person.
  • e. If we disable your account, you will not create another one.
  • f. You will not use the Site if you are a convicted sex offender.
  • g. You will keep your contact information accurate and up-to-date.
  • h. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
  • i. You will not transfer your account, or any of your rights or obligations under this Agreement, to anyone.
  • j. If you select a username or similar identifier for your account or page, we reserve the right to remove or reclaim it if we believe it is appropriate (such as when a trademark owner complains about a username that does not closely relate to a User’s actual name).

Social Network Content

The “Social Network” is that portion of the Dance.com website which allows users to create a profile, post content, follow other users, join groups, post jobs, post business profiles, post events, and other social features. The “social network” is currently located at community.dance.com and was previously located at Dance.com. All of the content generated by a User (“Social Network Content”) that the User posts on the “Social Network” of the Site belongs to the User. As a User,

  • a. You may control how your Social Network Content is shared through your privacy settings.
  • b. When you publish Social Network Content or other information using a public setting, you are allowing everyone, including people who are not Users (not registered on the Site), to access and use that Content and information, and to associate it with you (i.e., your name and profile picture). You agree to this access and use.
  • c. You understand that when you delete your Social Network Content, Social Network Content may nevertheless persist in backup copies for a reasonable period of time.
  • d. With respect to Social Network Content that is covered by intellectual property rights (e.g., photos, video, hereinafter “IP Content”), you grant the Site a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on, or in connection with, the Site. This license (the “IP License”) continues indefinitely until you delete the IP Content or your Site account. However, if prior to deletion of the IP Content or your Site account, the IP Social Network Content was shared with another User, then the IP License will continue indefinitely, notwithstanding that you personally deleted the IP Content or you deleted your account.
  • e. You agree that we can delete some or all of your Social Network Content if it violates this Agreement or our policies (or the rights of others, see Section 7, below).

Editorial Submissions

You may submit video, images and text or other content (“Editorial Submissions”) for the consideration of editors to include on the Dance.com website and social media accounts, including Facebook, or other social media platforms now or in the future.

  • a. When you send in Editorial Submissions, including via our automated tools for uploads, then if the editors choose to publish on the Site or our social media accounts, you are allowing everyone, including people who are not Users (not registered on the Site), to access that submission and share that submission on their social media, and to associate it with you (i.e., your name and profile picture). You agree to this access and use.
  • b. With respect to Editorial Submissions covered by intellectual property rights (e.g., photos, video, hereinafter “IP Content”), you grant the Site a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP Content that you post on, or in connection with, the Site. This license (the “IP License”) continues indefinitely.
  • c. We reserve the right to reject any Editorial Submission for any reason or no reason at all. We are not responsible for maintaining a copy of your submissions nor can we return them to you.
  • d. You will not submit Editorial Submissions unless you have permission to.

Other People’s Content

Just as you would like other Users to respect the Content that you post, you agree that:

  • a. You will not post Content or send us Editorial Submissions or take any action on the Site that infringes or violates someone else’s rights.
  • b. We can remove any Content. Editorial Submissions or information you post on the Site if we believe that it violates the rights of others (including the rights of people who are not Users).
  • c. If we remove your Content because we believe that it infringes someone else’s intellectual property rights, and you believe we removed it by mistake, you may appeal the removal. Removal of Editorial Submissions is at our sole discretion.
  • d. If you repeatedly infringe other people’s intellectual property rights, we reserve and retain the absolute right to disable your account, either temporarily or permanently.
  • e. You will not use our copyrights or trademarks or any confusingly similar marks.
  • f. If you collect other Users’ Content or information, you will first obtain their consent, make it clear you (and not the Site) are the one collecting their content or information, and post a privacy policy explaining what information you collect and how you will use it.
  • g. You will not post anyone’s identification documents or sensitive financial information on the Site, including your own.
  • h. You will not tag Users or send email invitations to non-users without their consent.

Advertisements and Commercial Content

The Site is intended for people to express and share their love of dance with others. Accordingly, our goal is to deliver advertising and other commercial or sponsored content that is valuable to our Users. However, you understand that we may not always identify paid services and communications as such. You also agree that:

  • a. You will not use your personal page for your own commercial gain or engage in any marketing on the Site; and
  • b. You will not post unauthorized commercial communications (including spam) on the Site.

Commercial Activity

The Site accepts credit cards, debit cards, and other payment methods as delineated on the Site at the time of your purchase. We reserve the right to reject any purchase at any time. You agree and confirm that the credit card or debit card details provided by you shall be correct and accurate and that you shall not use credit cards or debit cards that are not lawfully owned by you. Your credit card or debit card information will be used in accordance with our Privacy Policy.

Mobile Access

If you access the Site over a mobile device, or if you access the Site’s mobile application, your mobile carrier’s normal fees will apply. The Site does not charge for mobile access. If you change or deactivate your mobile telephone number, you agree that you will promptly update your account information to ensure that your account is not accessed by any unauthorized persons. You hereby agree to provide all<rights and information> necessary  to enable other Users to sync their devices with any information that is visible to them on the Site.

Termination

If you violate this Agreement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Site to you

We will notify you the next time you attempt to access your account.

You may delete your account at any time.

If your account is deleted or permanently deactivated, this Agreement nevertheless will remain in full force and effect as concerns your relationship with us and the Site.

Limitation of Liability

WE TRY TO KEEP THE SITE UP (OPERATIONAL), BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING THE SITE “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE SITE IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT OR THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS AGREEMENT OR THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, THE SITE’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, defend and hold the Company and each of its managers, members, officers, agents, and employees (the “Company Parties”), harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys’ fees, arising out of, or in connection with, (a) your use of the Site; (b) your use of any material posted on, or available through, the Site; or (c) your violation of this Agreement. You also agree to indemnify and hold harmless the Company Parties as a result of any Content posted or made available by you, any violation of law that occurs by you through your use of the Site, and/or anything you do using the Site and/or the information contained therein. This means that if anyone brings a claim against us related to your actions, Content, or information on the Site, you will be responsible for all damages, losses, and expenses of any kind (including reasonable legal fees and costs) incurred by us related to such claim.

Miscellaneous

  • This Agreement makes up the entire agreement between you and us regarding the Site, and supersedes any prior agreements.
  • You will resolve any claim, cause of action or dispute you have with us arising out of or relating to this Agreement or the Site exclusively in the U.S. District Court for the State of New Jersey, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such claims. The laws of the State of New Jersey will govern this Agreement, as well as any claim that might arise between you and us, without regard to conflict of law provisions.
  • If any part of this Agreement is found to be unenforceable, the balance of the Agreement will remain in full force and effect.
  • If we fail to enforce any part of this Agreement, it will not be considered a waiver of our right to enforce all of the Agreement at any time in the future.
  • Any amendment to, or waiver of, this Agreement must be made in writing and signed by us.
  • All of our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
  • Nothing in this Agreement shall prevent us from complying with all applicable, laws, rules, and regulations.
  • This Agreement does not confer any third party beneficiary rights.
  • We reserve all rights not expressly granted to you.
  • You will comply with all applicable laws when using or accessing the Site.

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