Welcome to the DIGITAL DANCE ACADEMY (DDA) website!
DIGITAL DANCE ACADEMY’s website (hereinafter referred to as the “Website”) is designed to provide you with access to high quality interactive videos to take classes in dance and health and fitness.
The Website is owned by DIGITAL DANCE ACADEMY. These Team & Conditioner of Use (this “Agreement”) apply to all of the products, services and websites offered by DIGITAL DANCE ACADEMY, the mobile or tablet versions thereof, any DIGITAL DANCE ACADEMY software, and any applications created by DIGITAL DANCE ACADEMY whether available through a social networking site or its subsidiaries or affiliated companies. Please note that the availability of any DIGITAL DANCE ACADEMY applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between DIGITAL DANCE ACADEMY and such social networking site, mobile or tablet device, or internet television or other technology platform.
PLEASE READ THIS TEAMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.
1. Acceptance of Terms
This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse the Website) or you are a “Member” (which means that you have registered on the Website as a user). If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.
2. General Registration Requirements
If you wish to become a Member, communicate with other Members and otherwise make use of the Service, you must read this Agreement and indicate your acceptance during the registration process. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Australia or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form available on the Website (the “Registration Data”) and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DIGITAL DANCE ACADEMY reserves the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof) at any time. Use of the Service and membership on the Website is void where prohibited.
Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of DIGITAL DANCE ACADEMY. DIGITAL DANCE ACADEMY reserves all rights not expressly granted in and to the Website and the Content.
You may access Website and Content as available: for your information and personal use; as intended through the normal functionality of the DIGITAL DANCE ACADEMY service; and for Streaming, (“Streaming” or “Stream” means a contemporaneous digital transmission of an audiovisual work via the Internet from the DIGITAL DANCE ACADEMY service to a user’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the user). Accessing Website videos for any purpose or in any manner other than Streaming is expressly prohibited.
3. Health Disclaimer
Dancing and Health & Fitness activities, in all of its forms and moves that may be suggested by a Choreographer or Fitness Instructor on DIGITAL DANCE ACADEMY, can be a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a doctor or medical practitioner before learning the choreography/moves/positions/exercises shown in any of the video clips on the Website. DIGITAL DANCE ACADEMY is not a medical organization and the Choreographers and Fitness Instructors or DDA staff cannot give you medical advice or diagnosis.
All suggestions and comments relating to the choreography / moves / positions / exercises are not required to be performed by you and are carried out at your election while viewing DIGITAL DANCE ACADEMY videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis. By using the Website, you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities contained within DIGITAL DANCE ACADEMY, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that, from time to time choreographers and instructors may suggest physical adjustments or the use of equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against DIGITAL DANCE ACADEMY, or any person or entity involved with DIGITAL DANCE ACADEMY, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
DIGITAL DANCE ACADEMY’s content is directed to persons of all ages, however, by providing information about yourself to DIGITAL DANCE ACADEMY upon registering to be a Member, you are representing that you are eighteen (18) years of age or older and/or are the parent or guardian of any person under eighteen (18) years of age who will be taking classes purchased through your registered account. You accept full responsibility and accept all liability for the use of the DIGITAL DANCE ACADEMY Website by any person under eighteen (18) years of age who is purchasing and/or taking a class found on DIGITAL DANCE ACADEMY. You expressly waive and release any claim that you may have at any time for injury of any kind against DIGITAL DANCE ACADEMY, or any person or entity involved with DIGITAL DANCE ACADEMY, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
5. Member Account
Password and Security
If you register on the Website, you will be required to choose a password and username, and you may be asked for additional information regarding your account, such as your e-mail address and payment details. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify DIGITAL DANCE ACADEMY of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another Member’s account without prior authorization from DIGITAL DANCE ACADEMY. DIGITAL DANCE ACADEMY will not be liable for any loss or damage arising from your failure to comply with this Agreement.
6. Prohibited Conduct
You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”; contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without DIGITAL DANCE ACADEMY’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the DIGITAL DANCE ACADEMY servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
7. Responsibility for Content
You, and not DIGITAL DANCE ACADEMY, are entirely responsible for all Content that you post, email, upload, transmit or otherwise make available via the Website. If you are deemed to be a Content Provider, with your own digital store within DIGITAL DANCE ACADEMY, you are responsible and liable for all Content, including text, images and videos, inclusive of the content of the videos such as choreography and music, that you post, email, upload, transmit or otherwise make available via the Website.
DIGITAL DANCE ACADEMY does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will DIGITAL DANCE ACADEMY be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, uploaded, transmitted or otherwise made available via the Service.
8. Rejection/Removal of Content
You acknowledge that DIGITAL DANCE ACADEMY may or may not pre-screen Content posted on the Website, that DIGITAL DANCE ACADEMY is not responsible for behavior or comments of choreographers and/or fitness instructors and/or members and/or music on the Website, but that DIGITAL DANCE ACADEMY shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, DIGITAL DANCE ACADEMY shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of DIGITAL DANCE ACADEMY. If you become aware of misuse of the Service by any person, please contact DIGITAL DANCE ACADEMY via email – firstname.lastname@example.org .
9. Termination or Suspension of Account
You agree that DIGITAL DANCE ACADEMY may at any time and for any reason, including a period of account inactivity, terminate your access to DIGITAL DANCE ACADEMY, or restrict or suspend your access to all or any part of the site at any time, for any or no reason, with or without prior notice, and without liability.
11. Security Components
You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by DIGITAL DANCE ACADEMY and/or content providers who provide content to DIGITAL DANCE ACADEMY. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website. Any such attempt may result in legal action brought forward by DIGITAL DANCE ACADEMY.
12. Proprietary Rights
All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DIGITAL DANCE ACADEMY or by third parties that have licensed or otherwise provided their material to DIGITAL DANCE ACADEMY. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without DIGITAL DANCE ACADEMY’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.
13. Non-commercial Use
The service provided by DIGITAL DANCE ACADEMY may not be used in connection with any commercial purposes, except as specifically approved by DIGITAL DANCE ACADEMY. Unauthorized framing of or linking to any of the Website is prohibited, unless it is permitted as per your Agreement as a content provider or prior written approval has been granted by DIGITAL DANCE ACADEMY. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.
14. License to Your Content
By posting, displaying, publishing, uploading, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website, you hereby grant to DIGITAL DANCE ACADEMY a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but DIGITAL DANCE ACADEMY has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on DIGITAL DANCE ACADEMY’s servers after the Content appears to have been removed from the Website, and DIGITAL DANCE ACADEMY retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, licenses, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
15. DIGITAL DANCE ACADEMY and Third Parties
DIGITAL DANCE ACADEMY is, for all purposes and in simplest terms, solely a digital platform for content providers, being Choreographers, Fitness Instructors and Dance Schools, or any other party that creates a digital presence within DIGITAL DANCE ACADEMY, to lease a digital space for the intent of sustaining a retail outlet to sell their digital content and, when applicable, physical goods such as merchandise, clothing or other goods. DIGITAL DANCE ACADEMY does not enter into any relationship with content providers that would be deemed as the content provider being an employee of DIGITAL DANCE ACADEMY or a contractor providing a good or service for sale on behalf of DIGITAL DANCE ACADEMY.
By uploading any Content to the Site:
: you represent and warrant that the use or other exploitation of your Music and/or Artworks by Company and its authorized sublicensees and distributors and/or by users of the Site as contemplated by this Agreement will not infringe or violate the rights of any third party, including, without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.
: you represent and warrant that, to the extent you are the songwriter of any or all of the Musical Works embodied in your Content, whether in whole or in part (e.g., as a co-writer), you have the full right, power, and authority to grant the rights set forth in this Agreement notwithstanding the provisions of any agreement you may have entered into with any performing rights organization (“PRO”), anywhere, or any music publisher, and that you are solely responsible for taking all steps necessary to inform such PRO or music publisher of your grant of a royalty free license to Company for the public performances and communications to the public of your Content, and that no fees or payments of any kind whatsoever shall be due to any PRO or music publisher for the public performance or communication to the public of your Content.
: you represent and warrant that no fees of any kind shall be due any third party, including, but not limited to, any union, guild, non-featured vocalist or musician, engineer or producer, for the use or re-use of your Content as authorized under this Agreement. If any agreement you have entered into with any third party, including, but not limited to a PRO, music publisher, union or guild, whether by law or contract, prohibits you from uploading Content within your digital store, as set forth in this Agreement and making the representations and warranties set forth in the four paragraphs immediately above, then you are prohibited from uploading your Content to the Service and shall be responsible for indemnifying and holding company harmless from and against any and all claims arising from the exploitation of your Content on the Service, including all court costs and legal fees.
Our Website contains Content of DIGITAL DANCE ACADEMY, and Content of third party licensors to DIGITAL DANCE ACADEMY (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. DIGITAL DANCE ACADEMY owns and retains all rights, title and interest in the DIGITAL DANCE ACADEMY Content. DIGITAL DANCE ACADEMY hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the DIGITAL DANCE ACADEMY Content and any third party Content located on or available through the Website (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using its services. Except for Content posted by you, which is permitted to be used for your commercial purposes, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website, unless the content is what you provide for purposes of commercial use via your own digital store.
Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. DIGITAL DANCE ACADEMY is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by DIGITAL DANCE ACADEMY or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. DIGITAL DANCE ACADEMY encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While DIGITAL DANCE ACADEMY works to ensure the information on the Website is current and accurate, DIGITAL DANCE ACADEMY does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.
16. Other Sites
17. International Use
Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.
19. Infringement Policy
DIGITAL DANCE ACADEMY reserves the right in its sole discretion to immediately suspend and/or terminate access to the Website by any user who is alleged to have infringed on the intellectual property rights of DIGITAL DANCE ACADEMY or of a third party, or otherwise violated any intellectual property laws or regulations. DIGITAL DANCE ACADEMY’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want DIGITAL DANCE ACADEMY to delete, edit, or disable the material in question, you must provide DIGITAL DANCE ACADEMY with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DIGITAL DANCE ACADEMY to locate the material; (d) information reasonably sufficient to permit DIGITAL DANCE ACADEMY to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to DIGITAL DANCE ACADEMY by e-mail with a return receipt acknowledgement.
20. Member Disputes
You are solely responsible for your interactions with other Members. DIGITAL DANCE ACADEMY reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.
21. Term and Termination
This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. DIGITAL DANCE ACADEMY reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if DIGITAL DANCE ACADEMY believes that you have breached any of the terms of this Agreement, furnished DIGITAL DANCE ACADEMY with false or misleading information, or interfered with use of the Website or the Service by others. When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.
No Sharing. Members of DIGITAL DANCE ACADEMY may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by DIGITAL DANCE ACADEMY as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member, you agree to take all actions possible to protect your username and password from fraudulent use.
Fraudulent Use. DIGITAL DANCE ACADEMY reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.
Free Trial. We require that you provide a valid credit or debit card or Paypal account details (“Payment Source”) at the time you register for a free trial, if applicable and offered, to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). DIGITAL DANCE ACADEMY will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. DIGITAL DANCE ACADEMY reserves the right to terminate any account that is using or trying to use more than one Free Trial.
Billing. Memberships are billed weekly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, DIGITAL DANCE ACADEMY will not reimburse the Member for the remainder of any paid week, nor will reimbursements be made for membership cancellations prior to any weekly renewal date.
Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.
Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If DIGITAL DANCE ACADEMY later increases the price of the subscription, DIGITAL DANCE ACADEMY will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 7 days’ prior notice before the charge is made. If you are given less than 7 days’ prior notice, the price increase will not apply until the payment after the next payment due.
All additional fees paid by you to Content Providers such as Choreographers and Fitness Instructors that are selling their content for streaming purposes on DIGITAL DANCE ACADEMY, are paid by you directly to the Content Provider, without any interference or liability for the transaction due to DIGITAL DANCE ACADEMY. All additional fees paid by you are at your discretion, are not associated to your Membership fees and constitute a direct relationship between you and the Content Provider.
23. Intellectual Property Rights
The Service provides users with the ability to add, create, upload, submit, distribute or post (“Submitting” or “Submission”) content, videos (including Music Videos), audio clips (including Music), data, text, photographs, scripts, graphics, or other information to the Site (collectively, the “User Submissions”). By Submitting User Submissions on the Site or otherwise through the Service, you:
acknowledge that by Submitting any User Submission to the Site, you are publishing that User Submission, and that you may be identified publicly by your User ID in association with any such User Submission;
by Submitting any User Submissions through the Site or the Service, you hereby grant DIGITAL DANCE ACADEMY a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, reproduce, distribute, prepare derivative works of, publicly display, publicly perform (including on a through-to-the-audience basis and by means of a digital audio transmission), communicate to the public, synchronize and otherwise fully exploit the User Submissions in connection with the Site, the Service and Company’s (and its successors and assigns’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites), whether now known or hereafter developed. You also hereby do and shall grant each user of the Site and/or the Service a non-exclusive license to access your User Submissions through the Site and the Service, and to use (on any and all devices owned or controlled by the user), and perform such User Submissions solely for personal, non-commercial use. For clarity, the foregoing license grant to DIGITAL DANCE ACADEMY does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing;
you agree to pay all royalties and other amounts owed to any person or entity, including any PROs, due to your Submission of any User Submissions to the Service;
that the use or other exploitation of such User Submissions by Company and use or other exploitation by users of the Site and Service as contemplated by this Agreement will not infringe or violate the rights of any third party, including without limitation any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights; and understand that DIGITAL DANCE ACADEMY shall have the right to delete, edit, modify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Site is the sole responsibility of the person from which such content originated and that DIGITAL DANCE ACADEMY will not be liable for any errors or omissions in any content; and that DIGITAL DANCE ACADEMY cannot guarantee the identity of any other users with whom you may interact in the course of using the Service.
DIGITAL DANCE ACADEMY does not endorse and has no control over any User Submission. DIGITAL DANCE ACADEMY cannot guarantee the authenticity of any data which users may provide about themselves. You acknowledge that all Content accessed by you using the Service is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
24. Disclaimer of Warranties
DIGITAL DANCE ACADEMY has no special relationship with or fiduciary duty to you, irrespective of your relationship with DIGITAL DANCE ACADEMY. You acknowledge that DIGITAL DANCE ACADEMY has no control over, and no duty to take any action regarding: which users gains access to the Site; what Content you access via the Site; what effects the Content may have on you; how you may interpret or use the Content; or what actions you may take as a result of having been exposed to the Content. You release DIGITAL DANCE ACADEMY from all liability for you having acquired or not acquired Content through the Site.
The Site may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. DIGITAL DANCE ACADEMY makes no representations concerning any Content contained in or accessed through the Site, and DIGITAL DANCE ACADEMY will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Site or the Service.
The Service is provided "as is" and "as available” and is without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. DIGITAL DANCE ACADEMY, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any content or software available at or through the service is free of viruses or other harmful components; or (d) the results of using the service will meet your requirements. Your use of the service is solely at your own risk.
DIGITAL DANCE ACADEMY makes no guaranty of confidentiality or privacy of any communication or information transmitted on the Site or any website linked to the Site.
DIGITAL DANCE ACADEMY will not be liable for the privacy of e-mail addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Content stored on DIGITAL DANCE ACADEMY’s equipment, transmitted over networks accessed by the Site, or otherwise connected with your use of the Service.
You agree that your use of the website shall be at your sole risk. The Website and the materials are provided “as is” and without warranties of any kind, either expressed or implied. To the fullest extent permitted by law, DIGITAL DANCE ACADEMY, its officers, directors, employees, and agents disclaim all warranties, expressed or implied, in connection with the Website and your use thereof. DIGITAL DANCE ACADEMY makes no warranties or representations about the accuracy or completeness of this website’s content or the content of any sites linked to this website and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, including content provided by content providers such as choreographers, fitness instructors and dance schools (iii) any unauthorized access to or use of DIGITAL DANCE ACADEMY secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, uploaded, transmitted, or otherwise made available via the website. DIGITAL DANCE ACADEMY does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the website or any hyperlinked website or featured in any banner or other advertising, and DIGITAL DANCE ACADEMY will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
25. Limitation on Liability
In no event shall DIGITAL DANCE ACADEMY, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of DIGITAL DANCE ACADEMY secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the website, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, uploaded, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the DIGITAL DANCE ACADEMY is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that DIGITAL DANCE ACADEMY shall not be liable for content posted by users or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
Any reference to a person, entity, product, or service on this website does not constitute an endorsement or recommendation by DIGITAL DANCE ACADEMY or any of its employees. DIGITAL DANCE ACADEMY is not responsible for any third party content on the website or third party web page accessed from this website, nor does DIGITAL DANCE ACADEMY warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.
DIGITAL DANCE ACADEMY reserves the right to remove any material posted on the website that it determines in its sole discretion is violative of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the website.
26. Exclusions and Limitations
In no event shall DIGITAL DANCE ACADEMY, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (i) for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising), (ii) for any bugs, viruses, trojan horses, or the like (regardless of the source of origination), or (iii) for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00). Some territories do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you.
Because DIGITAL DANCE ACADEMY is not the buyer or seller in any Transaction, if a dispute arises between one or more participants in a Transaction, then you release DIGITAL DANCE ACADEMY (and its affiliates, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You, hereby expressly waive any rights you may have thereunder, as well as under any other statutes or common law principles of similar effect. You acknowledge and agree that this waiver is an essential and material term of this Agreement, and that without such waiver, this Agreement would not have been entered into by DIGITAL DANCE ACADEMY.
Because DIGITAL DANCE ACADEMY is not the buyer or seller in any actual Transaction between Content Providers and Users and is not the agent of either for any purpose, DIGITAL DANCE ACADEMY does not have the duty to resolve and will not be involved in resolving any disputes between participants related to or arising out of any such Transaction. Content Providers are individually responsible for compliance with all consumer rights laws applicable to their Transactions, including EU Consumer Rights Laws.
Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.
You agree to defend, indemnify and hold harmless DIGITAL DANCE ACADEMY, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives, agents and content providers, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.
28. Additional Terms
We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.
29. Modification and Discontinuation
We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the services offered or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the services offered or the Website.
This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by DIGITAL DANCE ACADEMY without restriction.
31. Integration Clause
32. Waiver and Severability of Terms
The failure of DIGITAL DANCE ACADEMY to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
33. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, its services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
34. Governing Law and Venue
This Agreement shall be governed by the laws of the state of Victoria, without respect to its conflict of laws principles. Any claim or dispute between you and DIGITAL DANCE ACADEMY that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Melbourne, Victoria. You agree that: (a) the Website shall be deemed solely based in Victoria; and (b) the DIGITAL DANCE ACADEMY Website shall be deemed a passive website that does not give rise to personal jurisdiction over DIGITAL DANCE ACADEMY, either specific or general, in jurisdictions other than Victoria.
35. Ability to Accept Terms of Service
You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement. You affirm that if you are allowing a minor to use your account, that you are responsible and liable for all interactions between the minor, the Content Provider and DIGITAL DANCE ACADEMY.
DIGITAL DANCE ACADEMY reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.
If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.