Welcome to dance123 a service provided by dance123 ("dance123", "we", "our" or "us").
The following definitions and rules of interpretation apply in this agreement.
"Apps" has the meaning given to it above.
"Author" a person that authors (or is interested in authoring) Content and/or Premium Content on the Platform.
"Content" has the meaning given to it in clause 4.
"Fee" the fee charged by dance123 (but which is determined by the Author in accordance with the terms of this agreement) in order for a Consumer to access Premium Content.
"dance123 Credit" credit purchased by the Consumer that can be used to access Premium Content.
"Platform" has the meaning given to it above.
"Premium Content" Content that is made available on the Platform by the Author and for which a Fee is payable to access such content.
"Consumer" an individual that accesses (or is interested in accessing) Premium Content.
"Services" has the meaning given to it above.
"VAT" value added or sales tax chargeable under the Value Added Tax Act 1994 and any similar replacement tax and any similar additional tax.
"Website" has the meaning given to it above.
Clause headings shall not affect the interpretation of this agreement.
Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
A reference to writing or written includes e-mail.
Any obligation on a party not to do something includes an obligation not to allow that thing to be done and an obligation to use best endeavours to prevent that thing being done by another person.
Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
Each party acknowledges and agrees that it has the power (and, where necessary, consent) to enter into this agreement and to perform the obligations contained in this agreement.
The Platform is a hosting service. Registered users of the Platform may perform events and submit, upload and post audio, text, photos, videos, pictures, graphics, comments, and other content, data or information ("Content"), which will be stored by dance123 at the direction of such registered users, and may be shared and distributed by dance123 with such registered users, and other users of the Platform, using the tools and features provided as part of the Platform and accessible via the Website, Apps and elsewhere. The Platform also enables registered users to interact with one another and to contribute to discussions, and enables any user of the Website, Apps or certain Services (who may or may not be registered users of the Platform) to view, listen to and share Content uploaded and made available by registered users.
You are not obliged to register to use the Platform. However, parts of the Website and certain Services are only available to registered users.
You are solely responsible for maintaining the confidentiality and security of your email address and password, and you will remain responsible for all use of your email address and password, and all activity emanating from your account, whether or not such activity was authorised by you.
If your email address or password is lost or stolen, or if you believe that your account has been accessed by unauthorised third parties, you are advised to notify us in writing, and should change your password at the earliest possible opportunity.
You may terminate your account at any time as described in the Termination section below.
Any and all text, photos, pictures, graphics, audio, comments, videos and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") will include your real name and/or the name of the organisation you upload on behalf of, provided under clause 4 (Your dance123 Account) and is generated, owned and controlled solely by you, and not by dance123.
dance123 does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.
Without prejudice to the conditions set forth in section 5 (Your Use of the Platform) you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorised use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.
We may, from time to time, invite or provide you with means to provide feedback regarding the Platform, and in such circumstances, any feedback you provide will be deemed non-confidential and dance123 shall have the right, but not the obligation, to use such feedback on an unrestricted basis.
Removal of Content from your account will mean that it will not be visible to any users. However, notwithstanding the foregoing, you hereby acknowledge and agree that once Your Content is distributed to a Linked Service, dance123 is not obligated to ensure the deletion of Your Content from any servers or systems operated by the operators of any Linked Service, or to require that any user of the Platform or any Linked Service deletes any item of Your Content.
Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trade mark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Platform from time to time and within the parameters set by the Uploader on the Platform or with the express written consent of the Uploader. Where you repost another user's Content, or include another user's Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.
This clause 9 only applies if you are a Consumer.
The methods of payment accepted by dance123 are set out on the website.
The Consumer agrees and undertakes to pay to dance123 (without any deduction) the Fee in full and hereby authorises dance123 to collect the full amount of the Fee immediately upon request to access Premium Content.
All fees and charges paid by the Consumer will be inclusive of VAT.
This clause 10 only applies if you are an Author.
The Platform, amongst other things, enables Authors to determine the Fee payable by Consumers to access the Author’s Premium Content.
The Author shall, in its sole discretion, determine whether Content shall be Premium Content.
The Author shall, in its sole discretion (but within the parameters set by dance123 from time to time), determine the Fee payable by a Consumer to access Premium Content.
Subject to this clause 10, dance123 shall, following the deduction of a 20% commission (excluding VAT), pay to the Author the aggregated Fees earned by the Author from Premium Content on the 1st day of each calendar month, subject to the Fees due to the Author reaching $25.
No Fees shall be payable to the Author if a Consumer requests a refund within 30 minutes after accessing Premium Content in accordance with clause 11.
All amounts due to the Author under this agreement are exclusive of VAT which shall, where applicable, be paid by dance123 at the prevailing rates on the due date for payment.
The Author shall be responsible for any and all taxes (whether in the UK or elsewhere) for which the Author is liable in connection with this agreement.
dance123 makes no promise, assurance, warranty or representations to the Author in connection with the sale of access to Premium Content.
dance123 may require the Author to upload video content to YouTube (or another hosting website) and made ‘unlisted’ (such that, it is not visible to the public directly on YouTube (or other hosting website)).
The Author agrees that dance123 may, in its sole discretion, make available to Consumers the Author’s statistics, including (but not limited to) the number of Consumers that have accessed the Author’s Content or Premium Content.
The Author represents and warrants that he is at least eighteen (18) years of age or is authorised to enter into this agreement.
The Author shall indemnify dance123 against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses) suffered or incurred by dance123 arising out of or in connection with:
If you are a consumer based in the European Union, you have a legal right to cancel a contract under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 during the period set out below in this clause 11. This means that during the relevant period if you change your mind or decide for any other reason that you do not want to purchase dance123 Credit, you can notify us of your decision to cancel the contract and receive a refund.
Your legal right to cancel starts from the date you purchased dance123 Credit (the date on which we e-mail you to confirm your dance123 Credit), which is when the contract between us is formed (the "Contract Date"). The deadline for cancelling the contract is 14 days following the Contract Date.
To cancel the contract, you just need to let us know that you have decided to cancel. The easiest way to do this is to e-mail us at info (at) dance123.club.
If you cancel the contract we will:
We will refund you using the method used to pay. If you used vouchers to pay for the Product we may refund you in vouchers.
The Consumer acknowledges that this agreement is a contract for the provision of online digital content and that, under the Consumer Contract (Information, Cancellation and Additional Charges) Regulations 2013, he (being a consumer located in the European Union) provides his consent for the supply of digital content before the end of the cancellation period. The Consumer further acknowledges that he will lose his statutory cancellation right if Premium Content is delivered before the end of the cancellation period.
If the Consumer is not satisfied with the quality of Premium Content he may, within 30 minutes of accessing the Premium Article, request a refund from dance123. dance123 shall, subject to this clause 11, refund the Consumer with the same number of dance123 Credits used to pay to access the Premium Content. This right to a refund applies notwithstanding the waiver of the Consumer’s cancellation rights (if any) under this clause 11.
dance123 shall have no obligation to issue a refund if (in its sole discretion) dance123 believes the Consumer is abusing dance123’s refunds policy.
You hereby represent and warrant to dance123 as follows:
dance123 reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person's rights or violates any law, rule or regulation.
You hereby acknowledge and agree that dance123 (i) stores Content and other information at the direction, request and with the authorisation of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Platform, and to the extent permissible by law, dance123 excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.
dance123 and its subsidiaries, affiliates, successors, assignees, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against dance123 or any of its subsidiaries, affiliates, successors, assignees, employees, agents, directors, officers or shareholders.
If you discover any Content on the Platform that you believe infringes your copyright, please report this to us using the flagging procedure on the appropriate webpage.
If you would prefer to send us your own written notification, please make sure that you include the following information:
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. §512(c), please also include the following:
Your notice should be sent to us by email to info (at) dance123.club
The Platform may provide you with access to third party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, including without limitation, embedded translation services (hereinafter "External Services").
dance123 does not have or maintain any control over External Services, and is not and cannot be responsible for their content, operation or use. By linking or otherwise providing access to any External Services, dance123 does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by such External Services.
You are solely responsible for taking the precautions necessary to protect yourself from fraud when using External Services, and to protect your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be included on or may emanate from any External Services.
dance123 disclaims any and all responsibility or liability for any harm resulting from your use of External Services, and you hereby irrevocably waive any claim against dance123 with respect to the content or operation of any External Services.
Please also note that individual Uploaders have control over the Content that they store in their account from time to time, and may remove any or all Content without notice. You have no right of continued access to any particular item of Content and dance123 shall have no liability in the event that you are unable to access an item of Content due to its removal from the Platform, whether by dance123 or the relevant Uploader.
THE PLATFORM, INCLUDING, WITHOUT LIMITATION, THE WEBSITE, THE APPS AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE WEBSITE, THE APPS OR OTHERWISE, ARE PROVIDED "AS IS", "AS AVAILABLE", AND "WITH ALL FAULTS".
WHILST dance123 USES REASONABLE ENDEAVOURS TO CORRECT ANY ERRORS OR OMISSIONS IN THE PLATFORM AS SOON AS PRACTICABLE ONCE THEY HAVE BEEN BROUGHT TO dance123'S ATTENTION, dance123 MAKES NO PROMISES, GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) REGARDING THE WEBSITE, THE APPS, THE SERVICES OR ANY PART OR PARTS THEREOF, ANY CONTENT, OR ANY LINKED SERVICES OR OTHER EXTERNAL SERVICES. dance123 DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE PLATFORM OPERATES ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. dance123 DOES NOT WARRANT THAT ANY TRANSMISSION OF CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE OR THAT ANY ELEMENTS OF THE PLATFORM DESIGNED TO PREVENT UNAUTHORISED ACCESS, SHARING OR DOWNLOAD OF CONTENT WILL BE EFFECTIVE IN ANY AND ALL CASES, AND DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION.
dance123 AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNEES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION LIMITS OR PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
IN NO EVENT SHALL dance123 AGGREGATE LIABILITY TO YOU UNDER THIS AGREEMENT EXCEED THE GREATER OF £100 OR THE AMOUNTS (IF ANY) PAID BY YOU TO dance123 DURING THE PREVIOUS TWELVE (12) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.
dance123 AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNEES, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM MUST BE NOTIFIED TO dance123 AS SOON AS POSSIBLE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND dance123 AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND dance123, AND THAT dance123 LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby agree to indemnify, defend and hold harmless dance123, its successors, assignees, affiliates, agents, directors, officers, employees and shareholders from and against any and all claims, obligations, damages, losses, expenses, and costs, including reasonable attorneys' fees, resulting from:
dance123 reserves the right at any time and for any reason to suspend, discontinue, terminate or cease providing access to the Platform or any part thereof, temporarily or permanently, and whether in its entirety or with respect to individual territories only. In the case of any temporary or permanent suspension, discontinuation, termination or cessation of access, dance123 shall use its reasonable endeavours to notify registered users of such decision in advance.
You hereby agree that dance123 and its subsidiaries, affiliates, successors, assignees, employees, agents, directors, officers and shareholders shall not be liable to you or to any third party for any changes or modifications to the Website, Apps and/or any Services that dance123 may wish to make from time to time, or for any decision to suspend, discontinue or terminate the Website, the Services or any part or parts thereof, or your possibility to use or access the same from or within any territory or territories.
dance123 may change the features of any type of account, may withdraw or, or introduce new features, products or types of account at any time and for any reason, and may change the prices charged for any of its accounts from time to time. In the event of any increase in the price or material reduction in the features of any account to which you have subscribed, such change(s) will be communicated to you and will only take effect with respect to any subsequent renewal of your subscription. In all other cases, where dance123 proposes to make changes to any type of account to which you subscribe, and these changes are material and to your disadvantage, dance123 will notify you of the proposed changes by sending a message to your dance123 account and/or an email to the then current email address that we have for your account, at least 48 hours in advance. You will have no obligation to continue using the Platform following any such notification, but if you do not terminate your account as described in the Termination section below during such 48 hour period, your continued use of your account after the end of that 48 hour period will constitute your acceptance of the changes to your account.
You may terminate this Agreement at any time by emailing us at info (at) dance123.club.
confirming such termination, by removing all of Your Content from your account, by deleting your account and thereafter by ceasing to use the Platform. If you have a Pro Account, and terminate this Agreement before the end of your subscription, we are unable to offer any refund for any unexpired period of your subscription.
Once your account has been terminated, any and all Content residing in your account, or pertaining to activity from your account (for example, data relating to the distribution or consumption of your events), may be irretrievably deleted by dance123, though we may continue to use your Content to the extent that we are obliged or permitted to retain such content, data or information for a certain period of time in accordance with applicable laws and regulations, and/or to protect our legitimate business interests. You are advised to save or back up any material that you have uploaded to your account before terminating your account, as dance123 assumes no liability for any material that is irretrievably deleted following any termination of your account. dance123 is not able to provide you with any file of data relating to activity associated with your account, whether before or after termination or cancellation. This data is provided and is accessible only for viewing via your account page on the Website for as long as your account is active.
If you access the Platform via any of our Apps or via any third party app connected to your account, deleting that app will not delete your account. If you wish to delete your account, you will need to do so from the Account page within your Settings on the Website.
dance123 may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including without limitation, to any person or entity acquiring all or substantially all of the assets or business of dance123. You may not assign this Agreement or the rights and duties hereunder, in whole or in part, to any third party without the prior written consent of dance123.
Except where otherwise required by the mandatory law of the United States or any member state of the European Union
Last Amended: 1 October 2020