Terms of Use

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Welcome to dance123 a service provided by dance123 ("dance123", "we", "our" or "us").

These Terms of Use govern your use of dance123.club (the "Website") and our mobile and desktop apps (our "Apps") and all related tools, applications, data, software and other services provided by dance123 (the "Services").

These Terms of Use, together with our Privacy Policy, Cookie Policy and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and dance123 in relation to your use of the Website, Apps and Services (together, the "Platform").

These Terms of Use are divided into the following sections:

  1. Interpretation
  2. Acceptance of Terms of Use
  3. Changes to Terms of Use
  4. Description of the Platform
  5. Your dance123 Account
  6. Your Use of the Platform
  7. Your Content
  8. Grant of Licence
  9. Additional terms for Consumers
  10. Additional terms for Authors
  11. Cancellation and refunds
  12. Representations and Warranties
  13. Liability for Content
  14. Reporting Infringements
  15. Third Party Websites and Services
  16. Blocking and Removal of Content
  17. Disclaimer
  18. Limitation of Liability
  19. Indemnification
  20. Data Protection, Privacy and Cookies
  21. Changes to the Platform, Accounts and Pricing
  22. Termination
  23. Assignment to Third Parties
  24. Severability
  25. Entire Agreement
  26. Third Party Rights
  27. Applicable Law and Jurisdiction
  28. Disclosures

1. Interpretation

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.

2. Acceptance of Terms of Use

Please read these Terms of Use, our Privacy Policy, Cookie Policy very carefully. If you do not agree to any of the provisions set out in those documents, you should not use the Website, Apps or any of the Services. By accessing or using the Platform, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Platform, you represent and warrant that you have read and understood the Terms of Use, Privacy Policy, Cookie Policy, will abide by them, and that you are either 18 years of age or more, you are 13 years of age or more and have your parent(s)' or legal guardian(s)' permission to use the Platform or you are otherwise authorised to enter into this Agreement.

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.

  1. If you are an Author (or at any point become an Author) clause 10 shall also apply to you.
  2. If you are a Consumer (or at any point become a Consumer) clause 9 shall also apply to you.

3. Changes to Terms of Use

We reserve the right to change, alter, replace or otherwise modify these Terms of Use at any time. The date of last modification is stated at the end of these Terms of Use. It is your responsibility to check this page from time to time for updates.

When we make any updates to these Terms of Use, we will highlight this fact on the Website. In addition, if you register an account and these Terms of Use are subsequently changed in any material respect (for example, for security, legal, or regulatory reasons), we will notify you in advance by sending a message to your dance123 account and/or an email to the email address that you have provided to us, and the revised Terms of Use will become effective 48 hours after such notification. 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 the Platform after the end of that 48 hour period will constitute your acceptance of the revised Terms of Use.

4. Description of the Platform

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.

We may, from time to time, release new tools and resources on the Website, release new versions of our Apps, or introduce other services and/or features for the Platform. Any new services and features will be subject to these Terms of Use as well as any additional terms of use that we may release for those specific services or features.

5. Your dance123 Account

You are not obliged to register to use the Platform. However, parts of the Website and certain Services are only available to registered users.

When you register to use the Platform, you will provide us with your email address, and optionally your real name (your "Account Name") and a password for your account. You must ensure that the email address that you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

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.

We reserve the right to disallow, cancel, remove or reassign certain accounts and links in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your account if activities occur on that account which, in our sole discretion, would or might constitute a violation of these Terms of Use, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

You may terminate your account at any time as described in the Termination section below.

6. Your Use of the Platform

Subject to your strict compliance with these Terms of Use, dance123 grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to use the Platform in order to view Content uploaded and posted to the Website using the features of the Platform where the appropriate functionality has been enabled by the user who uploaded the relevant Content (the "Uploader").

In addition, if you register to use the Platform, and subject to your strict compliance with these Terms of Use, dance123 grants you a limited, personal, non-exclusive, revocable, non-assignable and non-transferable right and licence to:

  1. submit, upload or post Content to the Platform strictly as permitted in accordance with these Terms of Use and any other applicable terms posted on the Website from time to time;
  2. communicate with other members of dance123 strictly in accordance with these Terms of Use; and
  3. use the Website, Apps and other Services provided as part of the Platform strictly as permitted in accordance with these Terms of Use and any other terms applicable to those Apps or Services from time to time.

The above licences are conditional upon your strict compliance with these Terms of Use, including, without limitation, the following:

  1. You must not adapt, copy, republish, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is Your Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the Uploader.
  2. You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Platform offering.
  3. You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
  4. You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent the popularity of any Content on the Platform, or to misrepresent your activity on the Platform, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, add followers to your account, play Content, follow or unfollow other users, send messages, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Platform.
  5. You must not alter or remove, attempt to alter or remove, any trade mark, copyright or other proprietary or legal notices contained in, or appearing on, the Platform or any Content appearing on the Platform (other than Your Content).
  6. You must not, and must not permit any third party to, copy or adapt the object code of the Website or any of the Apps or Services, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Platform, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
  7. You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:
    • any Content that is offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in dance123's reasonable discretion;
    • any information, Content or other material that violates, plagiarises, misappropriates or infringes the rights of third parties including, without limitation, copyright, trade mark rights, rights of privacy or publicity, confidential information or any other right; or
    • any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in dance123's reasonable opinion; or
    • any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which or which might overburden, impair or disrupt the Platform or servers or networks forming part of, or connected to, the Platform, or which does or might restrict or inhibit any other user's use and enjoyment of the Platform; or
    • any unsolicited or unauthorised advertising, promotional messages, spam or any other form of solicitation; or
    • any Content, material or other information that, in dance123's reasonable opinion, breaches the Terms of Use.
  8. You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any law or regulation.
  9. You must not rent, sell or lease access to the Platform, or any Content on the Platform, except Your Content.
  10. You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
  11. You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any dance123 employee.
  12. You must not use or attempt to use another person's account, password, or other information, unless you have express permission from that other person.
  13. You must not sell or transfer, or offer to sell or transfer, any dance123 account to any third party without the prior written approval of dance123.
  14. You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
  15. You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by dance123 or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorised to access; attempt to scan or test the vulnerability of dance123's servers, system or network or attempt to breach dance123's data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking dance123's servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of dance123 under these Terms of Use, dance123 reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that dance123 has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

7. Your Content

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.

8. Grant of Licence

By uploading or posting Your Content to the Platform, you initiate an automated process to direct dance123 to store Your Content on our servers, and authorise the use, reproduction, transmission, distribution, public display, public performance, making available and other communication to the public of Your Content by dance123 on the Platform and elsewhere. To the extent it is necessary in order for dance123 to provide you with any of the aforementioned hosting services, to undertake any of the tasks set forth in these Terms of Use and/or to enable your use of the Platform, you hereby grant such licences to dance123 on an unlimited, worldwide, non-exclusive, royalty-free and fully paid basis including but not limited to the right to use, copy, repost, transmit or otherwise distribute, publicly display, publicly perform, adapt, prepare derivative works of, compile, make available and otherwise communicate to the public. You also grant dance123 the right, in dance123's sole discretion, to sublicence each or any part of the licence to anyone, including other users of the Platform, and to users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Services ("Linked Services")

Notwithstanding the foregoing, nothing in these Terms of Use grants any rights to any other user of the Platform with respect to any proprietary name, logo, trade mark or service mark uploaded by you as part of Your Content (for example, your profile picture) ("Marks"), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of reposting sounds with which you have associated those Marks.

The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Platform. Licences with respect to Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licences with respect to comments or other contributions that you make on the Platform will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

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.

9. Additional terms for Consumers

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.

10. Additional terms for Authors

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:

  1. the Author’s breach or negligent performance or non-performance of this agreement; and
  2. the enforcement of this agreement.

11. Cancellation and refunds

Cancellation

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:

  1. refund you the price you paid for the dance123 Credits; and
  2. make any refunds due to you as soon as possible and in any event within 14 days after you inform us of your decision to cancel the contract.

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.

Refunds

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.

12. Representations and Warranties

You hereby represent and warrant to dance123 as follows:

  1. Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licences, consents and permissions necessary in order to use, and (where relevant) to authorise dance123 to use, Your Content pursuant to these Terms of Use, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof including without limitation, on, through or via the Website, any and all Services and any Linked Services or any other service or product of dance123.
  2. Your Content and the availability thereof on the Platform or other use by dance123 does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, rights of privacy or publicity, or rights in confidential information.
  3. You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name and/or photograph in Your Content and to publish the same on the Platform and via any Linked Services or any other service or product of dance123.
  4. Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libellous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
  5. Your Content does not and will not create any liability on the part of dance123, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.
  6. You act as the properly appointed and fully authorized agent of any organisation that you register to your account.

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.

13. Liability for Content

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.

You hereby acknowledge and agree that dance123 cannot and does not review the Content created or uploaded by its users, and neither dance123 nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Platform for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

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.

14. Reporting Infringements

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:

  • a statement that you have identified Content on dance123 that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
  • a description of the copyright work(s) that you claim have been infringed;
  • a description of the Content that you claim is infringing and the dance123 URL(s) where such Content can be located;
  • your full name, address and telephone number, a valid email address on which you can be contacted, and your dance123 user name if you have one;
  • a statement by you that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent, or the law; and
  • a statement by you that the information in your notice is accurate and that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed;

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:

  • with respect to your statement that you are authorised to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
  • your electronic or physical signature (which may be a scanned copy).

Your notice should be sent to us by email to info (at) dance123.club

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trade mark rights, please report this to us by email at info (at) dance123.club. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offence, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use or applicable law, please report this to us at info (at) dance123.club.

15. Third Party Websites and Services

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.

External Services may have their own terms of use and/or privacy policy, and may have different practices and requirements to those operated by dance123 with respect to the Platform. You are solely responsible for reviewing any terms of use, privacy policy or other terms governing your use of these External Services, which you use at your own risk. You are advised to make reasonable enquiries and investigations before entering into any transaction, financial or otherwise, and whether online or offline, with any third party related to any 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.

16. Blocking and Removal of Content

Notwithstanding the fact that dance123 has no legal obligation to monitor the Content on the Platform, dance123 reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use or applicable law, or is otherwise unacceptable to dance123.

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.

17. Disclaimer

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.

18. Limitation of Liability

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:

  1. ANY LOSS OR DAMAGE ARISING FROM:
    1. YOUR INABILITY TO ACCESS OR USE THE PLATFORM OR ANY PART OR PARTS THEREOF, OR TO ACCESS ANY CONTENT OR ANY EXTERNAL SERVICES VIA THE PLATFORM;
    2. ANY CHANGES THAT dance123 MAY MAKE TO THE PLATFORM OR ANY PART THEREOF, OR ANY TEMPORARY OR PERMANENT SUSPENSION OR CESSATION OF ACCESS TO THE PLATFORM OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
    3. ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY'S RIGHTS RELATING TO YOUR CONTENT OR YOUR USE OF THE PLATFORM, OR ANY ACTION TAKEN AS PART OF AN INVESTIGATION BY dance123 OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE PLATFORM;
    4. ANY ERRORS OR OMISSIONS IN THE PLATFORM'S TECHNICAL OPERATION, OR FROM ANY INACCURACY OR DEFECT IN ANY CONTENT OR ANY INFORMATION RELATING TO CONTENT;
    5. YOUR FAILURE TO PROVIDE dance123 WITH ACCURATE OR COMPLETE INFORMATION, OR YOUR FAILURE TO KEEP YOUR EMAIL ADDRESS OR PASSWORD SUITABLY CONFIDENTIAL;
  2. ANY LOSS OR DAMAGE TO ANY COMPUTER HARDWARE OR SOFTWARE, ANY LOSS OF DATA (INCLUDING YOUR CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH; AND/OR
  3. ANY LOSS OF PROFITS, OR ANY LOSS YOU SUFFER WHICH IS NOT A FORESEEABLE CONSEQUENCE OF dance123 BREACHING THESE TERMS OF USE. LOSSES ARE FORESEEABLE WHERE THEY COULD BE CONTEMPLATED BY YOU AND dance123 AT THE TIME YOU AGREE TO THESE TERMS OF USE, AND THEREFORE DO NOT INCLUDE ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY.

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.

NOTHING IN THESE TERMS OF USE LIMITS OR EXCLUDES THE LIABILITY OF dance123, ITS SUBSIDIARIES, SUCCESSORS, ASSIGNS, OR THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND/OR SHAREHOLDERS: (I) FOR ANY DEATH OR PERSONAL INJURY CAUSED BY ITS OR THEIR NEGLIGENCE, (II) FOR ANY FORM OF FRAUD OR DECEIT, (III) FOR ANY DAMAGES CAUSED WILFULLY OR BY GROSS NEGLIGENCE, OR (IV) FOR ANY FORM OF LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

19. Indemnification

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:

  1. any violation by you of these Terms of Use;
  2. any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Platform, and/or your making available thereof to other users of the Platform, and/or the actual use of Your Content by other users of the Platform or Linked Services in accordance with these Terms of Use and any parameters set by you with respect to the distribution and sharing of Your Content;
  3. any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of dance123.

20. Data Protection, Privacy and Cookies

All personal data that you provide to us in connection with your use of the Platform is collected, stored, used and disclosed by dance123 in accordance with our Privacy Policy. In addition, in common with most online services, we use cookies to help us understand how people are using the Platform, so that we can continue to improve the service we offer. Our use of cookies, and how to disable cookies, is explained in our Cookie Policy. By accepting these Terms of Use and using the Platform, you also accept the terms of our Privacy Policy and our Cookie Policy.

21. Changes to the Platform, Accounts and Pricing

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.

22. Termination

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.

dance123 may suspend your access to the Platform and/or terminate this Agreement at any time if (i) you are in breach of any of the material provision of these Terms of Use, including without limitation, the provisions of the following sections: Your Use of the Platform, Your Content, Grant of Licence, and Your Representations and Warranties; (ii) dance123 elects at its discretion to cease providing access to the Platform in the jurisdiction where you reside or from where you are attempting to access the Platform, or (iii) in other reasonable circumstances as determined by dance123 at its discretion. If you have a Pro Account and your account is suspended or terminated by dance123 pursuant to (i) above, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated pursuant to (ii) or (iii), refunds may be payable at the reasonable discretion of dance123.

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.

The provisions of these Terms of Use that are intended by their nature to survive the termination or cancellation of this Agreement will survive the termination of this Agreement, including, but not limited to, those clauses entitled Your dance123 Account, Your Content, Grant of Licence, Representations and Warranties, Liability for Content, Disclaimer, Limitation of Liability, Indemnification, Termination and Right of Cancellation, Assignment to Third Parties, Severability, Entire Agreement, and Applicable Law and Jurisdiction, respectively.

23. Assignment to Third Parties

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.

24. Severability

Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will remain in full force and effect.

25. Entire Agreement

These Terms of Use, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and dance123 with respect to your use of the Platform, and supersede any prior agreement between you and dance123. Any modifications to this Agreement must be made in writing.

26. Third Party Rights

These Terms of Use are not intended to give rights to anyone except you and dance123. This does not affect our right to transfer our rights or obligations to a third party as described in the Assignment to Third Parties section.

27. Applicable Law and Jurisdiction

Except where otherwise required by the mandatory law of the United States or any member state of the European Union

  1. this Agreement is subject to the laws of England and Wales; and
  2. you hereby agree, and dance123 agrees, to submit to the exclusive jurisdiction of the courts in England for resolution of any dispute, action or proceeding arising in connection with this Agreement.

The foregoing provisions of this Applicable Law and Jurisdiction section do not apply to any claim in which dance123 seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by dance123 or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against dance123, including with respect to Your Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms of Use.

28. Disclosures

The services hereunder are offered by dance123, a company incorporated under the laws of England & Wales and with company number 07473604. You may contact us by sending correspondence to the foregoing address or by emailing us at info (at) dance123.club. If you are a resident of the State of California, you may have these Terms of Use mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms of Use.

Last Amended: 1 October 2020