1. Your relationship with DanceSignUp
1.1 Your accessing and use of Dancesignup.com is subject to a legal agreement between you and DanceSignUp, a subsidiary of Honu Studios LLC, and herein referred to as the “Company” or “DanceSignUp” in this document. This document explains how the agreement is made up, and sets out some of the terms of that agreement. The web site’s and services provided by the Company will herein be referred to as the “Services” or the “Site” in this document.
1.2 Unless otherwise agreed upon in writing with DanceSignUp, your agreement with DanceSignUp will always include, at a minimum, the terms and conditions set out in this document. These will be referred to as the “Terms” in this document.
1.3 The Terms are a legal binding agreement between you, herein referred to as the “User”, and DanceSignUp. It is IMPORTANT for the User to carefully read these Terms and understand them.
2. Accepting the Terms
2.1 In order to use the Services, Users must first agree to the Terms. The User may not use the Services if they do not accept the Terms.
2.2 Users can accept the Terms by:
A) clicking to accept and agree to the Terms, where this option is made available by the Company in the user interface; or
B) by actually using the Services. In this case, the User understands and agrees that the Company will treat usage of the Services as acceptance of the Terms from that point onwards.
2.3 The User may not use the Services and may not accept the Terms if (a) the User is not of legal age to form a binding contract with the Company, or (b) the User is a person barred from receiving the Services under the laws of the United States or other countries including the country in which you are resident or from which you use the Services.
2.4 Before continuing, the User should print off or save a local copy of the Terms for future record.
3. Language of the Terms
3.1 Where the Company has provided Users with a translation of the English language version of the Terms, Users agree that the translation is provided for convenience only and that the English language versions of the Terms will govern the Users relationship with the Company.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Registration
4.1 Some Services and portions of the website require the User to register for an account. During the registration process (referred to as “Registration” or “Registering” in this document), the User will be asked to provide some personal information that is necessary for an account to be created. This personal information can include but is not limited to a mailing address, phone number, fax number, website, and email address. Providing such information to the Company is voluntary and optional excluding a valid email address, which is required to Register for an account.
4.2 If the User elects not to provide a valid email address, username, password, and subdomain at the time of Registration an account will not be created for the User.
4.3 When submitting information, the User agrees to provide accurate, current and complete information.
4.4 A User that has successfully completed Registration and has activated their account through the email address provided during Registration will herein be referred to as a “Registered User”.
4.5 When Registering for an account the User, representing an organization, will choose their organization’s status as either a “Dance Competition” or a “Dance Studio”. A Registered User whose organization status is that of a “Dance Competition” will herein be referred to as a “Competition” in this document. A Registered User whose organization status is that of a “Dance Studio” or a single non-organization affiliated user registrant will herein be referred to as a “Studio” in this document.
5. Competitions
5.1 Only Competitions can initiate, sponsor, promote, schedule, or host events through the Services in which dancers, representing a Studio, compete for rankings determined by judges appointed by the Competition. These events, usually lasting one or more consecutive days and consisting of a start date (referred to as a “Start Date”) and an end date (referred to as “End Date”) and designed for the exclusive participation of Studios and their representing dancers, shall herein be referred to as “Events” or an “Event” in this document.
5.2 A single dancer or group of dancers representing a Studio and performing a set sequence of movements and competing in an Event shall be referred to as a “Routine”.
5.3 Each Event belonging to a Competition will consist of one or more Routines that are registered with the Competition through the Services by a Studio.
Fees
5.4 Competitions are required and agree to pay for the use of Services provided by the Company. Payment methods are detailed in paragraph 13.1 below. All payments made by the Competition to the Company for the use of Services herein shall be referred to as “Fees” or “Fee”.
5.5 All Fees for the use of Services are subject to change at any time at the sole discretion of the Company. The Company shall, but is not required to notify Users of a change in Fees.
5.6 By Registering as a Competition, the Competition agrees to the Fees and pricing structure as outlined within the Site. The Fees at the time the User registers as a Competition for the use of Services is not locked, set, or frozen for any specific time period, but is subject to change by the Company.
Event Fees
5.7 Fees assessed for the use of the Services will be billed to the Competition as part of the monetary consideration (referred to as the “Transaction”), in US Dollars, paid by a Studio at the time a Routine or group of Routines is paid for. The specific Fees charged by the Company will be referred to as “Event Fees” or “Event Fee”. Event Fees do not include fees charged by Amazon.com, Inc. for processing payment through their Amazon Simple Pay service. The monetary sum of the Event Fees will by calculated by multiplying the sum total of the Transaction amount by the Company’s Variable Fee, currently 3.0% plus the Company’s Fixed Fee, currently $0.50.
5.8 Event Fees will only be refunded by the Company to a Competition when
A) an Event has been cancelled and refunds have been issued to all Studios who have already paid for Routines for that Event, and/or
B) the full Transaction amount has been refunded to a Studio or Studios by a Competition and the Studio’s Routines have been marked as Non-Performing, and
C) a support ticket has been submitted that details the full Transaction amount(s) already refunded to a Studio or Studios by the Competition and/or the Event date that has been cancelled by the Competition.
Event Fees meeting conditions A, and/or B and C above, will only be refunded at 50% of the original fee amount by the Company.
Routine Pricing
5.9 A Competition has the ability to set and establish their own pricing structure for each of the Group Size categories they choose to offer. The Routine pricing structure can be established within the Site by using Group Size items under the Categories menu item.
Event Information
5.10 All information pertaining to and regarding an Event including but not limited to announcements, schedules, dates, times, locations, promotions, and accommodations are the sole and complete responsibility of the Competition. The Company makes no guarantees, assumes no liability or takes any responsibility for information supplied about or pertaining to an Event hosted by a Competition.
6. Studios
6.1 The use of Services by a Studio is offered at no charge by the Company.
6.2 Refunds for Routines paid to a Competition for participation in a Competition’s Event is at the sole descrection of the Competition. A Competition’s issuance of refunds is defined in their Refund Policy located on their profile page. The Company makes no guarantees, assumes no liability or takes any responsibility for refunds issued or not issued by a Competition.
6.3 Only Studios can register for, and participate in Events initiated, sponsored, promoted or hosted by a Competition through the Services. In order to register Routines for an Event, Studios are required to input the names and birth dates, collectively referred to as “Dancer Information”, of all dancers desiring to perform and compete in Routines.
6.4 The Studio is responsible for the validity and truthfulness of all Dancer Information added to the Site. The Company makes no guarantees, assumes no liability or takes any responsibility for information supplied about or pertaining to any dancer’s Dancer Information.
6.5 False or inaccurate Dancer Information can lead to the removal of a Studio’s Routines by a Competition. Repeated falsification can lead to the revocation of the Studio’s account and/or end access to the Services by the Company.
6.6 By adding a dancer’s Dancer Information into the Site, the Studio is agreeing and confirming that the dancer, or the dancer’s legal guardian if the dancer is under 18 years old, is representing the Studio as a dancer and consenting to their Dancer Information being added to the Site for the sole purpose of participating in and verifying their age eligibility for Routines. For more information about the privacy of Dancer Information please see the Privacy Policy of the Site.
7. Accounts And Passwords
7.1 As a Registered User of the Site for the purpose of using the Company’s Services, the Registered User agrees to maintain confidentiality of passwords associated with their account. The Registered User agrees to be responsible for activities that occur under and with their account. The Company reserves the right to revoke membership accounts and/or end access to Services at any time for any reason or no reason at all.
8. Content
8.1 All information including but not limited to written text, audio files, data files, images, videos or other images (shall be referred to as “Content” in this document) which can be accessed as part of, or through the use of the Company’s Services shall be understood to be the sole responsibility of the person, or persons, from which the content originated.
8.2 Protected intellectual property rights may apply to Content supplied by advertisers, sponsors or by other persons and or companies. The Company reserves the right to prescreen, review, refuse or remove any and all Content.
9. Objectionable Content
9.1 The User understands that by using the Services they may be exposed to Content that may be deemed offensive, indecent, or objectionable and that, in this respect the User uses the Services at their own risk.
9.2 The Company will not tolerate any Content that it deems offensive, indecent, or objectionable and may remove the Content from the Site at any time without prior notice to the Content owner. The measure of any Content’s offensiveness, indecency or objectionableness is at the sole discretion of the Company.
10. Content License from the User
10.1 The User shall retain copyright and any other rights already held in Content which the User has submitted, posted or displayed on or through, the Services. By submitting, posting or displaying the Content the User gives the Company a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which the User submits, posts or displays on or through, the Services. This license is for the sole purpose of enabling the Company to display, distribute and promote the Services.
10.2 The User agrees that this license includes a right for the Company to make such Content available to other companies, organizations or individuals with whom the Company has relationships for the provision of syndicated services, and to use such Content in connection with the provision of those services.
10.3 The User understands that the Company, in performing the required technical steps to provide the Services, may a) transmit or distribute User Content over various public networks and in various media; and b) make such changes to User Content as necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. The User agrees that this license shall permit the Company to take these actions.
10.4 The User confirms and warrants to the Company that they have all the rights, power and authority necessary to grant the above license.
11. Software updates
11.1 The Software may be updated from time to time by the Company. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions.
12. Ending your relationship with DanceSignUp
12.1 The Terms will continue to apply until terminated by either the User or the Company as set out below.
12.2 If the User wants to terminate their legal agreement with the Company, they may do so by a) notifying the Company at any time and b) closing their accounts for all of the Services which they use, where the Company has made this option available to you.
The Company may at any time, terminate its legal agreement with a User if:
A) the User has breached any provision of the Terms (or has acted in a manner which clearly shows that they do not intend to, or are unable to comply with the provisions of the Terms); or
B) the Company is required to do so by law (for example, where the provision of the Services to the User is, or becomes, unlawful); or
C) the Company is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the Service; or
D) the provision of the Services to you by the Company is, in the Company’s opinion, no longer commercially viable.
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and the Company have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 22.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
13. Payment Methods
13.1 The Company accepts payment through Amazon Simple Pay offered by Amazon.com, Inc.
13.2 The User’s use of Amazon Simple Pay is subject to the terms and conditions of Amazon.com, Inc. More information can be found by going to: Amazon Payments
14. Privacy and your personal information
14.1 For information about the Company’s data protection practices, please read the Company’s privacy policy. This policy explains how the Company treats your personal information, and protects your privacy, when you use the Services.
14.2 Users agree to the use of their data in accordance with the Company’s privacy policies.
15. License from the Company
15.1 The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by the Company as part of the Services as provided to you by the Company (referred to as the “Software” below). This license is for the sole purpose of enabling the User to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by the Terms.
15.2 Users may not (may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless the User has been specifically told that they may do so by the Company, in writing.
15.3 Unless the Company has given a User specific written permission to do so, the User may not assign (or grant a sub-license of) their rights to use the Software, grant a security interest in or over their rights to use the Software, or otherwise transfer any part of their rights to use the Software.
16. EXCLUSION OF WARRANTIES
16.1 NOTHING IN THESE TERMS, INCLUDING SECTIONS 16 AND 17, SHALL EXCLUDE OR LIMIT THE COMPANY’S WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN THE USERS JURISDICTION WILL APPLY TO THE USER AND THE COMPANY’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
16.2 THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
16.3 IN PARTICULAR, THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO THE USER THAT:
A) THE USER’S USE OF THE SERVICES WILL MEET THE USER’S REQUIREMENTS,
B) THE USER’S USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
C) ANY INFORMATION OBTAINED BY THE USER AS A RESULT OF THEIR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO THE USER AS PART OF THE SERVICES WILL BE CORRECTED.
16.4 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT THE USER’S OWN DISCRETION AND RISK AND THAT THE USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
16.5 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY THE USER FROM THE COMPANY OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
16.6 THE COMPANY FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
17. LIMITATION OF LIABILITY
17.1 SUBJECT TO OVERALL PROVISION IN PARAGRAPH 17.1 ABOVE, THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY, ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO THE USER FOR:
A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY THE USER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY THE USER, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
I) ANY RELIANCE PLACED BY THE USER ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN THE USER AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES;
II) ANY CHANGES WHICH THE COMPANY MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);
III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH THE USER’S USE OF THE SERVICES;
IV) THE USER’S FAILURE TO PROVIDE THE COMPANY WITH ACCURATE ACCOUNT INFORMATION;
V) THE USER’S FAILURE TO KEEP THEIR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
17.2 THE LIMITATIONS ON THE COMPANY’S LIABILITY TO THE USER IN PARAGRAPH 18.1 ABOVE SHALL APPLY WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING
18. Copyright and trade mark policies
18.1 It is the Company’s policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminating the accounts of repeat infringers.
19. Advertisements
19.1 Some of the Services are supported by advertising revenue and may display advertisements and promotions.
19.2 The manner, mode and extent of advertising by the Company on the Services are subject to change without specific notice to you.
19.3 In consideration for the Company granting you access to and use of the Services, you agree that the Company may place such advertising on the Services.
20. Other Content
20.1 The Services may include hyperlinks to other web sites or content or resources. The Company may have no control over any web sites or resources which are provided by companies or persons other than the Company.
20.2 The User acknowledges and agrees that the Company is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
20.3 The User acknowledges and agrees that the Company is not liable for any loss or damage which may be incurred by the User as a result of the availability of those external sites or resources, or as a result of any reliance placed by the User on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
21. Changes to the Terms
21.1 The Company may make changes to the Terms from time to time. When these changes are made, the Company will make a new copy of the Terms available at http://dancesignup.com/page/tos.
21.2 The User understands and agrees that the use of the Services after the date on which the Terms have changed, the Company will treat their use as acceptance of the updated Terms.
22. General Legal Terms
22.1 Sometimes when the User uses the Services, they may (as a result of, or through their use of the Services) use a Service or download a piece of software, or purchase goods, which are provided by another person or company. The User’s use of these other services, software or goods may be subject to separate terms between the User and the company or person concerned. If so, the Terms do not affect the legal relationship with these other companies or individuals.
22.2 The Terms constitute the whole legal agreement between the User and the Company and govern the User’s use of the Services (but excluding any services which the Company may provide to the User under a separate written agreement), and completely replace any prior agreements between the User and the Company in relation to the Services.
22.3 The User agrees that the Company may provide them with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
22.4 The User agrees that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms (or which the Company has the benefit of under any applicable law), this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
22.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
22.6 The User acknowledges and agrees that each member of the group of companies of which Honu Studios LLC is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
22.7 The Terms, and the User’s relationship with the Company under the Terms, shall be governed by the laws of the State of California without regard to its conflict of laws provisions. The User and the Company agree to submit to the exclusive jurisdiction of the courts located within the County of Orange, California to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that the Company shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Honu Studios LLC.