Terms of Service

LAST UPDATED: AUGUST 2019

 

 

WELCOME TO DANCERSHAPE!


Dancershape LTD (“Dancershape,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.dancershape.com (the “Site”) and related services (collectively, such services, including any new features and applications, and the Site, the “Service(s)”), subject to the following Terms of Service (the “Terms of Service”).
BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE, DO NOT USE THE SERVICE. If you are using the Service on behalf of your employer or on behalf of an organization, you represent that you are authorized to accept these Terms on your employer’s or organization’s behalf.


You may use the Service only in compliance with these Terms. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these terms were last revised and/or notify you, either through the Service's user interface, in an email notification or through other reasonable means and as required by applicable law.

 

 

PRIVACY POLICY

 

We are committed to respecting your privacy and protecting your personally identifiable information. Our Privacy Policy explains how we collect, use and share your personal information. Be sure to read it carefully. Our Privacy Policy is created in accordance with the relevant current legislation and with the requirements of the General Data Protection Regulation (GDPR).

By using Dancershape.com, you confirm that you have read and understood our Privacy Policy.

 

 

SERVICE DESCRIPTION

 

The Service is an online video learning and training platform that can be accessed anytime, through the Service, on a streaming-only basis, when you are connected to an internet network. The Service may include certain services that are available via a mobile device. To the extent you access the Service through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply.

 

 

ACCOUNT

 

You may be required to register with Dancershape.com in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Service’s registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of Service. Accounts registered by "bots" or other automated methods are not permitted and will be terminated.

 

You are solely responsible for all activities that occur through your account. We’re not liable for any acts or omissions by you in connection with your Account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Your Dancershape account (login) may only be used by one person - a single login shared by multiple people is not permitted. Please notify us immediately, by using our customer support software/chat/messenger located in the down right corner of our website, if you know or have any reason to suspect that your Account or password have been stolen, or if you suspect any unauthorized use of your account.

 

You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the approval of your parent or guardian.

 

 

LICENSE

 

Subject to the terms and conditions of these Terms, Dancershape grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, for non-commercial and personal use only. This doesn't grant you any right, title or interest in the Service or in the video material you purchase on Dancershape.
You must comply with all applicable laws when using the Service. Except for the cases in which it is expressly permitted by the Service, you will not, and will not permit anyone else to: (1) store, copy, modify, or distribute any of the content made available on the Service; (2) compile or collect any content available on the Service as part of a database or other work; (3) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service; (4) use or incorporate the Service or any portion of the Service as part of another website or service; (5) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (7) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service.
We welcome your feedback, ideas, and suggestions, and you agree that we may use your Feedback without any restriction or obligation to you, even after this Agreement is terminated. This Section does not limit or affect any rights you may have under applicable data protection laws.

 

 

MODIFICATIONS TO SERVICE

 

Dancershape reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

 

You agree that Dancershape will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

 

You acknowledge that Dancershape may establish general practices and limits concerning use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service. You agree that Dancershape has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Dancershape reserves the right to terminate accounts that are inactive for an extended period of time.
We may change prices of all Services, including but not limited to collections of lessons. Notice of change may be provided at any time by posting the changes to the Dancershape website (www.dancershape.com).

 

 

PAYMENT, REFUNDS, CANCELLATION, AND TERMINATION

 

A valid credit card is required when purchasing learning and training material on Dancershape.com. Free accounts are not required to provide a credit card number. When buying collections of lessons you make one time payments.
The Service is billed in advance and is non-refundable. In order to treat everyone equally, no exceptions will be made.

 

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties if you are using the service as a company. For certain geographical areas, like the European Union, additional due amounts might apply for individuals, such as VAT in your country of residence. EU registered companies having a valid VAT NO, will be exempt of VAT, only when providing it during the purchasing process on Dancershape.com. The EU VAT tax we collect are not ours to be used. We will be submitting it to your local tax authorities, in accordance with the EU laws.

 

We use a third party accredited payment processor (the “Payment Processor”) to bill you through a payment account linked to your Dancershape account, and do not have access to, or store any of your payment data.
The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to this Agreement. Our current Payment Processor is Stripe, and your payments are processed by them in accordance with their terms of service and privacy policy. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. You agree to make payments using the payment method you provide with your Account. We reserve the right to correct or to instruct our Payment Processor to correct any errors or mistakes, even if payment has already been requested or received.

 

All the content you have paid for in previous months will be available to you as long as you are a registered member of Dancershape.com.

 

Deleting permanently your account on Dancershape will cause loss of all the content you have ever paid for or purchased. Dancershape does not accept any liability for such loss. This information can not be recovered once your account is permanently deleted. If you want to delete your account permanently, therefore not to be able to ever activate it again please, contact us via our customers support software/chat/messenger located in the down right corner of our website, with the request of permanently deleting your account on Dancershape.

 

Dancershape, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Dancershape service, for any reason at any time. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Service in any way that would cause us legal liability or disrupt others’ use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all content in your Account.

 

 

HEALTH DISCLAIMER

 

Dancershape may provide information related to physical exercise, fitness, diet, and nutrition and they are intended for your personal use and informational purposes only. The information contained in our videos is not intended as medical or professional health advice. The information contained herein should not be used to treat, diagnose or prevent any disease or medical condition without the advice of a competent medical professional. The activities, physical or otherwise, described here, may be too strenuous for some people and the user should consult a physician before engaging in them. Always consult your doctor or fitness professional before making any changes to your exercise or nutrition program. If you have been sedentary and are unaccustomed to physical exercise, if you are pregnant or have pre-existing health conditions, you should obtain a medical clearance before beginning any exercise program. Your use of the Service is solely at your own risk.

 

 

INTELLECTUAL PROPERTY RIGHTS

 

You acknowledge and agree that the Service may contain content or features (“Service Content”) - Service Content, Software, and Trademark - that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Dancershape, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. In connection with your use of the Service you will not engage in, or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Dancershape from accessing the Service (including blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection therewith are the property of Dancershape, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by Dancershape.

 

 

THIRD-PARTY WEBSITES AND SOCIAL NETWORKING

 

The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Dancershape has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Dancershape will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third-party, and you agree that Dancershape is not liable for any loss or claim that you may have against any such third party.

 

You may enable or log in to the Service via various online third-party services, such as social media and social networking services like Facebook (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Service, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Dancershape shall have no liability or responsibility for the privacy practices or other actions of any third-party site or service that may be enabled within the Service.
In addition, Dancershape is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Dancershape is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Dancershape enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

 

 

INDEMNITY AND RELEASE

 

To the fullest extent permitted by law, you agree to release, indemnify and hold Dancershape and its affiliates and their officers, employees, directors and agents, harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of, or relating to your use of the Service, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.

 

 

WARRANTY DISCLAIMER

 

To the fullest extent permitted by applicable law, Dancershape makes no warranties, either express or implied, about the Service. The Service is provided “as is” and “as available”. Dancershape also disclaims any warranties of merchantability, fitness for a particular purpose and non-infringement. No advice or information, whether oral or written, obtained by you from Dancershape, shall create any warranty. Dancershape makes no warranty or representation that the Service will: (a) be timely, uninterrupted or error-free; (b) meet your requirements or expectations, or (c) be free from viruses or other harmful components. However, Dancershape will provide the Services with reasonable care.

 

 

GENERAL CONDITIONS

 

You understand that Dancershape uses third-party service providers and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

 

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with Dancershape services.

 

Verbal, physical, written or other abuse (including threats of abuse or retribution) to any Dancershape customer, employee, member, or officer will result in immediate account termination.

 

You must not upload, post, host, or transmit unsolicited email or "spam" messages.

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

Events beyond our control: We are not in breach of the Terms of Service or liable to you if there is any total or partial failure of performance of the Service resulting from any act, circumstance, event or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state, or regulation, war, civil commotion, terrorism, insurrection, inability to communicate with third parties for whatever reason, failure of any computer dealing or necessary system, failure or delay in transmission of communications, failure of any internet service provider, strike, industrial action or lock-out or any other reason beyond our reasonable control.

 

The Terms of Service constitutes the entire agreement between you and Dancershape and govern your use of the Service, superseding any prior agreements between you and Dancershape (including, but not limited to, any prior versions of the Terms of Service).

 

We may modify these Terms of Service from time to time, and we will always post the last version on our website. If a modification meaningfully reduces your rights, we’ll notify you (by, for example, sending you an email or displaying a prominent notice within the Service).

 

By continuing to use or access the Service after any modifications come into effect, you agree to be bound by the modified Terms of Services and price changes. If you disagree with our changes, then you should stop using the Service, while taking into consideration the consequences that deletion of your Dancershape account brings, as described above in these Terms of Service.

 

Questions about the Terms of Service should be sent via our customer support software/chat located in the down right corner of our website.

 

 

CONTACT

 

If you have any questions, complaints, or claims with respect to Dancershape Services, you can contact us via our customer support software/chat located in the down right corner of our website.