TERMS AND CONDITIONS
Welcome to DanceCuts™!
DanceCuts is owned and operated by Dance Cuts LLC.
These are the terms and conditions for:
The following terms and conditions apply to the website, application and services offered by DanceCuts. This includes the mobile and tablet versions as well as any other version of DanceCuts accessible via desktop, mobile, tablet, social media or other devices.
Use of the Website and the Application means that you agree to these terms and conditions as set forth below (the "Terms").
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
You may use the website and purchase the products and services only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
The use of the application and services are available to all ages. Children under the age of 13 must be supervised and receive appropriate guidance in the use of our services. It is the responsibility of parents and legal guardians to determine whether any of the content and products are appropriate for their child.
By using the website and application, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
2. ACCOUNT AND SECURITY
If you register on DanceCuts, you will be required to choose a password and you may be asked for additional information regarding your account. 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 DanceCuts 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 user’s account without prior authorization from DanceCuts. DanceCuts will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing DanceCuts with your email address and phone number you consent to our use of your email address to send you notices about the services (newsletter), including those required by law. We may also use your email address and phone number to send you notifications and other messages, such as changes to service features, news, and special offers on our services. If you do not wish to receive these emails, you may opt-out of receiving them by sending us your withdrawal request via the contact information or by using the "unsubscribe" option in the emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or offers.
The users may terminate their accounts any time, for any reason, by following the instructions on DanceCuts. That termination will only result in the deletion of the account and the deletion of all the personal data granted to DanceCuts.
DanceCuts reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if DanceCuts believes that you have breached any of these terms, furnished DanceCuts with false or misleading information, or interfered with use of the website or the service by others.
When a user places an order for a subscription, the user agrees and declares to purchase the subscription for the price advertised on the website. Please check the price and features of subscriptions before placing an order.
When a user places an order, DanceCuts will send an email for confirmation. This confirmation email will be produced automatically so that the user has confirmation of payment and initiation of the subscription. If you do not receive the email, it is possible that the email has been sent to your spam folder.
DanceCuts may cancel any sales and not provide subscriptions and may change or discontinue the availability of subscriptions at any time in its sole discretion. If a purchase is cancelled, any payment made for the subscription will be refunded in full. This does not affect your statutory rights.
Subscriptions may include automatic recurring payments. You authorize DanceCuts to renew your subscription and to charge you periodically and progressively. The subscription billing date is the date you make your first payment. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period. The subscription will continue until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the monthly subscription fee to the payment method you provide during the subscription purchase.
Subscriptions will automatically renew for an additional period unless cancelled before the next payment. Cancelled accounts will immediately lose access to the website's payment features.
All payments to DanceCuts are handled securely. Subscriptions will be paid through “Stripe” (Payment platform available on the website).
Payment will be debited from your credit card/debit card immediately on you placing the order for the subscription you have purchased. Upon processing a transaction, we will issue you with an electronic transaction receipt which will be sent to the email address you provide.
Your payment information will be treated and safeguarded with total security and with the exclusive purpose of processing the purchase of the products. DanceCuts reserves the right to contract any payment website available in the market, which treats your data for the exclusive purpose of processing the purchase of the subscriptions.
All materials on DanceCuts, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by DanceCuts or by third parties that have licensed or otherwise provided their material to the website. You acknowledge and agree that all Materials on DanceCuts are made available for limited, non-commercial, personal use only. Except as specifically provided herein. 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 DanceCuts 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 DanceCuts or any part of the material for any purpose other than its intended purposes is strictly prohibited. Please do not copy any content and pass it off as your own, as a copyright infringement will occur.
6. COPYRIGHT COMPLAINTS
DanceCuts respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the “DanceCuts” website infringe upon your copyright or other intellectual property right, please send the following information to:
Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the ownership of the work, should be included.
A statement specifically identifying the location of the infringing material, with enough detail that DanceCuts may find it on the “DanceCuts” website. Please note: it is not sufficient to merely provide a top-level URL.
Your name, address, telephone number and e-mail address.
A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.
A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.
An electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.
7. SOFTWARE DISCLAIMER
DanceCuts will not accept any liability for any loss or damage, including without limitation, any loss of profit, which may arise directly or indirectly from the use of the software offered by DanceCuts. By using and installing the software offered by DanceCuts, you accept personal responsibility for the results of your actions using the software. You agree to assume full responsibility for any damages you suffer as a result of using the software provided by DanceCuts. The correct use of the software provided by DanceCuts is at your own risk and responsibility. DanceCuts does not accept claims from third parties for the use or misuse of the software by our users.
8. SOFTWARE USE LICENSES
DanceCuts gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (application) provided to you by DanceCuts as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by DanceCuts, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission. The user agrees not to use the software and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the DanceCuts application or third parties.
Please do not use copyrighted material in our application. If you do use copyrighted material, please obtain the necessary licenses to use such material. DanceCuts is not responsible for the use of copyrighted material through our application nor is it responsible for any legal complications that may result from the violation of copyrighted material used through our application. The use of material you upload and use through our application is at your own risk and responsibility. In the event of any claim by any third party as a result of the use of copyrighted material you represent and agree to defend and indemnify DanceCuts.
DanceCuts reserves the right to terminate your access immediately, with or without notice, and without liability to you, if DanceCuts believes that you have violated any of these terms or interfered with the use of the application or service by others.
9. USER CONTENT
Certain features of the website and services may allow users to upload or provide content to DanceCuts, which may consist of messages, images, video, text and others. You retain any copyright you may have in the user content you provide to DanceCuts through the website and application. DanceCuts is not responsible for the accuracy, security or legality of the user content that you provide or post through the website and services. Users are solely and exclusively responsible for their content and the consequences of providing or publishing their content. By providing user content to or through the service, you grant DanceCuts a worldwide, non-exclusive, fully paid right and license to host, store, transfer, display, perform, reproduce, publish, modify, and display your content through the website and services.
10. USER CONTENT REPRESENTATIONS AND WARRANTIES
DanceCuts disclaims any and all liability in connection with user content. You are solely responsible for your user content and the consequences of providing user content via the service. By providing user content via the service, you affirm, represent, and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize DanceCuts and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by DanceCuts, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause DanceCuts to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
11. USER CONTENT DISCLAIMER
DanceCuts may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the service, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against DanceCuts with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, DanceCuts does not permit copyright-infringing activities on the service.
12. DANCECUTS RESPONSIBILITIES
Because of the nature of the Internet, DanceCuts provides and maintains the website on an "as is", "as available" basis and makes no promise that use of the website will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our website may from time to time contain links to other websites which are not under the control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those sites.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the website in breach of these terms you will be liable to and will reimburse, DanceCuts for any loss or damage caused as a result.
These terms above shall not limit any rights you might have as a consumer that may not be excluded under applicable law nor shall they exclude or limit DanceCuts liability for death or personal injury resulting from its negligence nor any fraudulent representation.
DanceCuts will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, DanceCuts excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to DanceCuts and DanceCuts shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on DanceCuts website.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the website or any Product purchased through the website.
Any loss or damage resulting from your use or the inability to use the web site or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the website, or from transmissions via emails or attachments received from DanceCuts.
All representations, warranties, conditions and other terms which but for this notice would have effect.
13. PROHIBITED ACTIVITIES
The content and information available on the website (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to DanceCuts by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the website. In addition, you agree not to do so:
Use the services or content for any commercial purpose, other than those commercial purposes explicitly permitted under this agreement and as provided by DanceCuts;
Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission;
Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
Deep-link to any part of the Website for any purpose without our express written permission;
Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by DanceCuts in connection with the site;
Evade, disable or otherwise interfere with security-related features of the site or features that prevent or restrict use or copying of any content;
14. THIRD PARTY WEBSITES
Through your use of the “DanceCuts” website and services you may encounter links to third party sites or be able to interact with third party sites. Such third parties may charge a fee for use of certain content or services provided on or by way of their websites. Therefore, you should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any third party to determine whether a charge will be incurred. Where “DanceCuts” provide details of fees or charges for such third-party content or services, such information is provided for convenience and information purposes only. Any interactions with third party sites and apps are at your own risk. You expressly acknowledge and agree that DanceCuts are in no way responsible or liable for any such third-party sites.
You agree to defend and indemnify DanceCuts and any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this Agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
The purchase of subscriptions and products through the website.
16. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by DanceCuts for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
17. CHANGES AND TERMINATION
We may change the website and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
18. PERSONAL DATA
19. INTEGRATION CLAUSE
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. These terms set forth the entire understanding and agreement between us with respect to the subject matter therein.
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, application, interpretation, or validity of these Terms or the use of the website shall be settled by binding arbitration between you and DanceCuts, except that each party retains the right to bring an individual action in court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction.
22. FINAL PROVISIONS
These terms are governed by the USA laws. Use of our website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our website or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
23. CONTACT INFORMATION
If you have questions or concerns about these Terms or the products, please contact us through our contact page or via the contact information below:
Dance Cuts LLC
1026 W Cooley Dr Gilbert, AZ 85233