The Dancer’s Workout Terms of Use Agreement

LAST UPDATED:  November 5, 2015

 

This Terms of Use Agreement (the “Agreement”) is between you and The Dancer’s Workout, LLC (“TDW,” “we,” “us,” “our”) for your access to and use of The Dancer’s Workout videos. To make this Agreement easier to read, The Dancer’s Workout videos are referred to as the “Videos” and our service by which we offer or make the videos available to you is referred to as the “Service.”  Your use of the Videos or the Service is subject your consent to this Agreement which is a binding agreement between you and TDW.  We will allow you access to the Videos and provide the Service only on the condition that you accept all of the terms of this Agreement and indicate your agreement by clicking the checkbox.  By accessing, viewing or using the Videos, you agree to the terms of this Agreement.

The Videos are available only to persons who can form legally binding contracts under applicable law.  In order to receive the Service, you must pay in advance the applicable fee. We may increase the fees for Videos at any time. We reserve the right to modify, suspend, or discontinue the Service with or without notice at any time and without any liability to you.

We may use all Account registration information, subject to compliance with our Privacy Policy that can be found here (the “Privacy Policy”). This Agreement includes terms and conditions set forth in the Privacy Policy and the Privacy Policy is incorporated herein by reference.  By indicating your agreement to this Agreement, you are consenting to have your personal data used as set forth in the Privacy Policy.

 

YOUR ACCOUNT

In order to access the Videos and use the Service, you must create an account (“Account”). To create an Account, you must select a user ID and password and provide certain personal information. In consideration of the use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and update your personal information and payment card information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that information may be untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your Account. You are fully responsible for maintaining the confidentiality and security of your Account and password and for all activities that occur under your password or Account, and for any other actions taken in connection with your Account. You agree to (a) exit from your Account at the end of each session;  and (b) immediately notify us of any known or suspected unauthorized use of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password. You will have one Account. We reserve the right to refuse registration of, or cancel, Accounts at any time and for any reason. Upon termination of your Account, you will no longer be allowed access to the Videos, Service or your Account.

 

CHANGES TO TERMS OF USE AGREEMENT

We reserve the right, at any time, with or without notice to you, to change this Agreement and its terms, including the Privacy Policy, in our sole and absolute discretion. The most current version of this Agreement can be viewed by visiting our website and clicking on “Terms of Service” located at the bottom of the Online Classes page of the website. The most current version of the Agreement will supersede all previous versions. You agree to be bound by the posted modifications to this Agreement when you rent our Videos.

 

PRIVACY AND COMMUNICATIONS PREFERENCES

Any personally identifying information submitted through the Service is subject to our Privacy Policy. The date of any changes to our Privacy Policy will be noted at the top of the policy. By using our Service, you are consenting to receive periodic communications from us. You can modify your mailing preferences (unsubscribe) within your Account settings. Please review our Privacy Policy for further details on our marketing communications.

 

BILLING

At the time of rental of a Video, we will seek an authorization from your payment card company using the information that you have provided, which authorization will cover the applicable rental fee and applicable state and local taxes, which may apply to your rental. You authorize us to process charges on your payment card at the time of rental. If your payment card is declined, you will not be allowed to access a Video or use the Service. All payments are nonrefundable and no credits will be provided in the event that payment is made and the Videos are not accessed during the Rental Period (as defined below).

 

RENTAL PERIOD

Each Video you rent has a specified rental period (the “Rental Period”).  The Rental Period is measured from the time you first rent the Video rounded up to the nearest hour. For example, if the specified Rental Period is 48 hours and you rent a Video at 8:30 AM on Monday, your Rental Period will expire at 9:00 AM on Wednesday.  You may access your Video at any time prior to the end of the Rental Period and you may access your Video multiple times during the Rental Period.  Once the Video has started, you may view it until the conclusion of the Video, even if the end of the Video falls outside the Rental Period.

 

LIMITATIONS ON USE

Subject to your strict compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable license to view and/or play the Videos on any single computer or other device. You agree that you will not: (a) copy any Video; (b) remove, alter, damage, or modify in any way any copyright or proprietary notice contained in the Videos (c) use a Video in a manner that suggests an association with any products, services or brands; (d) make any modifications to or reproductions of a Video; (d) use a Video OR THE CHOREOGRAPHY CONTAINED in a Video to teach or conduct a class or for the benefit of any person other than yourself and members of your immediate family; (e) perform the choreography publically; (f) broadcast the music from the Video for anything other than personal Video use; or (g) frame, archive, sell, lease, rent, exchange, create derivative works from, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use a Video or the choreography or content in any way except as specifically permitted by this Agreement.

You may view the Video during the Rental Period on any Device that is owned by you. A “Device” includes a mobile phone, computer, tablet, laptop, portable media player, television, or any other device from which the Video may be viewed.

 

RELEASE AND INDEMNIFICATION

You understand that physical exercise, including dance, can be strenuous and can expose you to the risk of injury. We urge you to obtain a physical examination and clearance from a doctor before participating in any exercise or dance activity. You voluntarily assume any and all risks, known or unknown, associated with your use of the Videos and your exercise in connection therewith.  These risks could include, without limitation, the risk of physical or mental or emotional injury, minor and/or severe bodily harm, death, and/or illness, which arise by any means.  The Videos may include instruction, recommendations, and/or advice given by TDW.  Notwithstanding the foregoing, you agree that such instruction, recommendations, and advice may not be appropriate for you, and you voluntarily accept and assume any and all risks associated with your use of the Videos or the Service and your participation in exercise and dance activity. You agree that by participating in any physical exercise, or dance activities, including by using the Videos, you are doing so entirely at your own risk.

You expressly agree to release and discharge us and our directors, officers, employees, agents, contractors, partners, representatives and members (the “Released Parties”) from any and all claims or causes of action you may have with respect to your use of the Videos. You agree to voluntarily give up or waive any right that you may otherwise have to bring a legal action against the Released Parties for personal injury or property loss that may be related to or arise from your use of the Videos. You hereby agreed to indemnify, defend and hold harmless the Released Parties from and against any and all claims, damages, losses and expenses suffered by any of them which are related to or arise from your use of the Videos.

 

DISCLAIMERS OF WARRANTIES AND LIMITATIONS ON LIABILITY

We make no representations or warranties about the suitability, reliability, availability, timeliness, or accuracy of the Videos or the Service.  The Videos and the Service are provided “as is.”  To the maximum extent permitted by law, we hereby disclaim all warranties and conditions with regard to the Videos and the Service, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

To the maximum extent permitted by applicable law, in no event shall TDW or our licensors be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with your use of the Videos and the Service, whether based on contract, tort, negligence, strict liability or otherwise, even if we have been advised of the possibility of such damages.  If you are dissatisfied with the Videos or the Service, your sole and exclusive remedy is to discontinue using the Videos and the Service.

 

INTELLECTUAL PROPERTY

 

COPYRIGHT

The Videos and the choreography contained within are the property of TDW and/or our licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. You agree to adhere to the restrictions set forth under “Limitations on Use.” We reserve the right to terminate your Account if we, in our sole and absolute discretion, believe that you are in violation of the terms of this Agreement. We do not promote, foster or condone the copying of the Videos or any other infringing activity. The Service and Videos are solely for your personal and non-commercial use.

 

TRADEMARKS

THE DANCER’S WORKOUT, TDW, and related logo are trademarks of The Dancer’s Workout, LLC.  The trademarks may not be used or reproduced without prior written approval from us and may not be used in connection with any product or service that is not affiliated with us, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of us, or in any manner that disparages or discredits us. Other trademarks that may appear on our website or in the Videos are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

 

LINKS AND PAGES

Some of the links on our website may lead to other websites and/or other content not controlled by, or affiliated with, us.  We have not reviewed these websites and are not responsible for the offerings of these sites or the content, privacy policies or terms of use of these websites. You acknowledge and agree that we are not responsible or liable for, and do not otherwise warrant, the contents of the websites, the products that may be advertised thereon or the actions of their third party owners. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

 

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state of North Carolina, U.S.A. without regard to conflict of laws provisions.

 

ARBITRATION AGREEMENT

Any dispute or claim arising out of, or in connection with, this Agreement shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-569.1 et seq. (the “Revised Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be reduced to judgment and entered in any court of competent jurisdiction. The parties agree that, any provision of applicable law notwithstanding, they will not request, and the arbitrator shall have no authority to award punitive or exemplary damages against any party. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.  Further, unless both you and TDW agree otherwise, the arbitrator may not consolidate more than one person’s claim with your claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. Notwithstanding the foregoing, we may bring a claim in any court of competent jurisdiction in order to protect our intellectual property rights in and to the Videos.

 

GENERAL

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.

Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and TDW with respect to your use of the Videos and the Service and this Agreement supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and TDW with respect to your use of the Videos and the Service. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.