DANCE CHURCH TERMS OF SERVICE
Last Updated: February 10, 2021
Dance Church Inc. (“Dance Church” or “we”) works to provide communal spaces and resources for people who want to move their bodies. These Terms of Service (“Terms”) apply to your access to and use of our websites, including live and on-demand classes made available through those sites, and any other online products and services we provide that link to these Terms (collectively, the “Services”). By accessing and using our Services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Services.
You must be at least 13 years of age to use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
2 User Accounts and Account Security
You may need to register for an account to access some or all of our Services. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account, not share your password or other log-in credentials with anyone else, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account. We reserve the right to reclaim usernames, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
3 Prohibited Conduct
While using the Services, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
- Use or attempt to use another user’s account without authorization from that user and Dance Church;
- Sell, resell or commercially use our Services;
- Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
- Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
- Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code;
- Bypass, circumvent, remove, alter, deactivate, degrade or thwart any measures employed to prevent or limit access to any part of our Services;
- Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- Develop or use any applications that interact with our Services without our prior written consent;
- Bypass or ignore instructions contained in our robots.txt file; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 3 is solely at Dance Church’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 3 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4 Ownership; Limited License
The Services, including the text, graphics, images, music, software, audio, photographs, videos, works of authorship of any kind, and other materials and content contained therein, are owned by Dance Church or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use.
You are not granted any commercial, sale, resale, reproduction, distribution or promotional use rights to any part of the Services, including any rights for uses that require a synchronization or public performance license with respect to the underlying musical composition of works made available through the Services. Additionally, you are not permitted to modify, edit or repurpose any part of the Services, including but not limited to, by repurposing sound recordings for use as ringtones.
You are not permitted to share with or transfer to others any part of the Services you are granted access to, including, but not limited to, by sharing your account log-in details. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and may violate our intellectual property rights and applicable law.
Dance Church and our logos, our product or service names, our slogans and the look and feel of the Services are trademarks of Dance Church and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Services are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.
You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Dance Church or our Services (collectively, “Feedback”). You understand that we may use such Feedback and any ideas it contains for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Services in Dance Church’s sole discretion. You understand that Dance Church may treat Feedback as non-confidential.
7 Third-Party Content
We may provide information about third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Dance Church does not control or endorse, and makes no representations or warranties regarding, any Third-Party Content, and your access to and use of such Third-Party Content is at your own risk.
8 Payment Terms
Dance Church offers for sale apparel and other goods (“Dance Church Products”) and access to streaming live classes and video on demand content (“Dance Church Content”). Additionally, Dance Church accepts donations.
(a) Ordering. When placing an order through the Services, you will provide accurate and up-to-date payment information and have sufficient funds or credit available on your payment method to ensure that the purchase price will be collectible by us. After you place your order, we will send you a confirmation email (the “Order Confirmation”). During periods of high demand, it may take up to 24 hours for you to receive an Order Confirmation. If you have not received your Order Confirmation email after 24 hours, please contact us at firstname.lastname@example.org
(b) Payment Processing. We have contracted with a third-party payment processor to facilitate purchases and donations made through the Services. When you make a purchase or donation through the Services, you will provide your payment details and any additional information required to complete your order directly to our third-party payment processor. Online payment transactions may be subject to validation checks by our payment processor and your card issuer, and we are not responsible if your card issuer declines to authorize payment for any reason. For your protection, our payment processor may use fraud prevention protocols and verification systems to reduce fraud, and you authorize it to verify and authenticate your payment information. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for any such fees. In some jurisdictions, our payment processor may use third parties under strict confidentiality and data protection agreements for the purposes of payment processing services.
(c) Shipping and Taxes. Unless otherwise specified, prices quoted are exclusive of: (a) the costs of shipping or carriage of Dance Church Products to the agreed place of delivery; and (b) sales tax, value added tax and any other tax or duty which (where applicable) must be added to the price payable. You agree to pay for any taxes, shipping or carriage that are specified by us when you submit your order.
(d) Personal Use Only. All orders must be for your personal use only. All orders are subject to our acceptance or rejection based on availability, noncompliance with these Terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.
(e) Subscriptions. You may enroll in a subscription to access the Dance Church Content. Recurring subscriptions may be made available on either a monthly or a yearly basis (“Subscription Periods”) for the recurring fee indicated at the time you enroll in the subscription (“Subscription Fee”). You agree that your subscription is continuous until you cancel it and that you will be charged the Subscription Fee both (a) at the beginning of the Subscription Period and (b) at the beginning of each subsequent Subscription Period until you cancel. YOU HEREBY AUTHORIZE DANCE CHURCH TO AUTOMATICALLY CHARGE THE SUBSCRIPTION FEE TO YOUR CREDIT CARD, DEBIT YOUR BANK ACCOUNT, OR OTHERWISE BILL OR CHARGE YOU IN ACCORDANCE WITH ANY PAYMENT METHOD YOU HAVE SELECTED, AT THE BEGINNING OF EACH SUBSCRIPTION PERIOD UNTIL YOU CANCEL YOUR SUBSCRIPTION. YOU MUST CANCEL YOUR SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS BEFORE THE END OF YOUR CURRENT SUBSCRIPTION PERIOD IN ORDER TO AVOID BEING CHARGED FOR THE NEXT SUBSCRIPTION PERIOD. All Subscription Fees are fully earned upon payment.
If the Subscription Fee changes, Dance Church will notify you at least 30 days in advance of the next Subscription Period. If you do not want to pay the new Subscription Fee, you must cancel your subscription at least twenty-four (24) hours before the end of the current Subscription Period.
If you used a promo code, coupon code, or other discount to sign up for a subscription, your subscription will automatically renew at the end of the coupon period. Dance Church will automatically charge your payment method on file, and you will be responsible for payment of the then current full Subscription Fee.
(f) Returns. All sales are final, unless prohibited by law.
9 Technical Requirements
(a)To access Dance Church Content, you must have Internet access and be located within the United States. A minimum connection speed of 0.5 Mbps is required for accessing Dance Church Content; however, we recommend a faster connection for improved video quality. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Dance Church makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching Dance Church Content will vary based on a number of factors, including your location, available bandwidth at the time, the Dance Church Content you have selected and the configuration of your device.
To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Dance Church and our officers, directors, agents, partners and employees (individually and collectively, the “Dance Church Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You agree to promptly notify Dance Church Parties of any third-party Claims, cooperate with Dance Church Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys’ fees). You also agree that the Dance Church Parties will have control of the defense or settlement, at Dance Church’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Dance Church or the other Dance Church Parties.
Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, our Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Dance Church does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While Dance Church attempts to make your use of our Services and any content therein safe for you to access, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.
The Services do not determine whether you are physically or medically able to safely use the Dance Church Content. Consult your doctor to assess your health before engaging in strenuous physical activity. This is particularly important if you are overweight, pregnant, nursing, taking regular medications or have any existing medical or health conditions. If you experience a medical emergency while using the Dance Church Content, immediately stop using the Dance Church Content and consult with a medical professional.
12 Limitation of Liability
(a) To the fullest extent permitted by applicable law, Dance Church and the other Dance Church Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, strict liability, warranty, or otherwise—for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if Dance Church or the other Dance Church Parties have been advised of the possibility of such damages.
(b) The total liability of Dance Church and the other Dance Church Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the greater of $100 or the amount paid by you to use our Services in the 12 months preceding the event that gave rise to the claim.
(c) The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Dance Church or the other Dance Church Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
13 Transfer and Processing Data
In order for us to provide our Services, you agree that we may process, transfer and store information about you in the United States and other countries, where you may not have the same rights and protections as you do under local law.
14 Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Dance Church and limits the manner in which you can seek relief from us, unless you opt out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
(a) No Representative Actions. You and Dance Church agree that any dispute arising out of or related to these Terms or our Services is personal to you and Dance Church and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
(b) Arbitration of Disputes. Except for small claims disputes in which you or Dance Church seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Dance Church seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and Dance Church waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against Dance Church you agree to first contact Dance Church and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to Dance Church by email at email@example.com or by certified mail addressed to 1122 East Pike Street #1225 Seattle, WA 98122. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and Dance Church cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration. Arbitration proceedings will be held in King County, Washington unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 14, a “consumer” means a person using the Services for personal, family or household purposes. You and Dance Church agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
(c) You and Dance Church agree that these Terms affect interstate commerce and that the enforceability of this Section 14 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
(d) The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, Dance Church, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
(e) You and Dance Church agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and Dance Church will pay the remaining JAMS fees and costs. For any arbitration initiated by Dance Church, Dance Church will pay all JAMS fees and costs. You and Dance Church agree that the state or federal courts of the State of Washington and the United States sitting in King Country, Washington have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
(f) Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Dance Church will not have the right to assert the claim.
(g) You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 14 by sending your notice of opting out by email to firstname.lastname@example.org. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 14.
(h) If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
15 Governing Law and Venue
Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of Washington, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of Washington or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Washington and the United States, respectively, sitting in King Country, Washington.
16 Modifying and Terminating our Services
We reserve the right to modify our Services or to suspend or stop providing all or portions of our Services at any time. You also have the right to stop using our Services at any time. We are not responsible for any loss or harm related to your inability to access or use our Services.
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
(a) The failure of Dance Church to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically.
(b) By providing your mobile device number to Dance Church, you agree to receive non-marketing text messages from us. Additionally, if you have provided prior express written consent, we may also send marketing communications to you by text message. Message frequency will vary. Dance Church reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. Dance Church also reserves the right to change the short code or phone number from which messages are sent. Consent to receive automated marketing text messages is not a condition of any purchase.
Standard text message rates will apply to all such communications, and you are responsible for all such fees. Dance Church and our service providers and mobile carriers are not liable for delayed or undelivered messages. You can stop receiving text messages from Dance Church at any time. Just text the keyword "STOP" to our short code. After texting “STOP” to our short code, we may send you a text message to confirm that your request has been processed. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the “STOP” keyword command and agree that Dance Church and our service providers will have no liability for failing to honor such requests. If at any time you forget what keywords are supported, just text “HELP” to our short code. After you text “HELP” to our short code, we will respond with our customer care information.
(c) Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.