WELCOME TO DANCE CLASS LIVE!
LAST UPDATED: November 13, 2017
Whether you are a “visitor” (meaning that you simply browse our website) or you are a “Member” (which means you have registered on our Website as a monthly subscriber in our Services), this Agreement shall govern your use of our Services. Our Services include all features and functionalities of our website and user interfaces, as well as all the content and software applications associated with www.danceclasslive.tv and other value-added services we offer from time-to-time in connection therewith (collectively, “Website”). This Agreement sets forth the legally binding terms and conditions for your use of the Website and our Services. By using the Website in any manner, you agree to be bound by this Agreement and our Privacy Statement provided on the Website, which is incorporated herein by this reference. Please note that the availability of any DCL applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between us and such technology platforms.
You may view, copy or print pages from the Website solely for personal, non-commercial purposes. You may not otherwise use, modify, copy, print, display, reproduce, distribute, or publish any information from the Website without the express, prior, written consent of DCL. Our Privacy Statement explains how we treat your personal data and protect your privacy when you use our Website and Services. By your continued use of our Website or Services, you are agreeing that we can use such personal data in accordance with our Privacy Statement.
Before you go any further, it is important for you to know and understand that by visiting the Website and/or using our Services, you are agreeing to accept certain liability limitations and legal and health disclaimers, which we further explain throughout this Agreement. Therefore, your use of our Services is at your own risk, and we do not assume any liability, or make any warranties of any kind, express or implied, with respect to the Website and Services or your use of them.
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL THE TERMS OF THIS AGREEMENT, INCLUDING OUR PRIVACY STATEMENT, LIMITATIONS OF LIABILITY, WARRANTY DISCLAIMERS AND GENERAL HEALTH AND LEGAL DISCLAIMERS,THEN DO NOT USE THE WEBSITE OR THE SERVICES.
1. CONVENIENCE AND INFORMATION ONLY. The Website is provided to you as a convenience and for your information only. By merely providing access to the Website, we do not warrant or represent that:
a. any materials, documents, images, graphics, logos, design, audio, video and any other information provided from or posted on the Website (collectively, the “Content”) is accurate or complete;
b. the Content is up-to-date or current or that DCL has any obligation to update any Content;
c. the Content is free from technical inaccuracies or programming or typographical errors;
d. the Content is free from changes caused by a third party;
e. your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; and/or
f. any information obtained in response to questions asked through the Website is accurate or complete.
THE WEBSITE IS CONTINUALLY UNDER DEVELOPMENT AND DCL MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE. NO ASSURANCE CAN BE GIVEN THAT THE INFORMATION CONTAINED ON THE WEBSITE OR SERVICES WILL ALWAYS INCLUDE THE MOST RECENT DEVELOPMENTS WITH RESPECT TO THE MATERIAL PRESENTED.
2. USING OUR SERVICES
a. HEALTH WARNING AND LIABILITY DISCLAIMER: YOU SHOULD CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE SUBSCRIBING TO DETERMINE IF YOU SHOULD USE OUR SERVICES. THIS IS PARTICULARLY TRUE IF YOU (OR YOUR FAMILY) HAVE A HISTORY OF HIGH BLOOD PRESSURE OR HEART DISEASE, OR IF YOU HAVE EVER EXPERIENCED CHEST PAIN WHEN EXERCISING, SMOKE, HAVE HIGH CHOLESTEROL, OR HAVE A BONE OR JOINT PROBLEM THAT COULD BE MADE WORSE BY A CHANGE IN PHYSICAL ACTIVITY. DO NOT USE OUR SERVICES IF YOUR PHYSICIAN OR HEALTH CARE PROVIDER ADVISES AGAINST IT. IF YOU EXPERIENCE FAINTNESS, DIZZINESS, PAIN, OR SHORTNESS OF BREATH AT ANY TIME WHILE DANCING OR EXERCISING, YOU SHOULD STOP IMMEDIATELY. NOTHING STATED OR POSTED ON THE WEBSITE OR AVAILABLE THROUGH OUR SERVICES IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL, PROFESSIONAL OR COUNSELING CARE. YOU SHOULD NOT RELY ON ANY INFORMATION ON OUR SERVICES AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT EVER DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR VIEWED ON THE WEBSITE OR THROUGH OUR SERVICES. THE USE OF ANY INFORMATION PROVIDED WITH OUR SERVICES IS SOLELY AT YOUR OWN RISK. DCL SHALL NOT BE LIABLE FOR ANY LIABILITY, OF ANY KIND, RESULTING FROM YOUR VOLUNTARY USE OF OUR SERVICES.
c. Do not misuse our Services. For example, do not interfere with our Services or try to access them using a method other than the interface and the instructions that we provide. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
d. You are responsible for providing your own access to our Services via computer, mobile device, internet connection, etc. DCL has no obligation to screen or monitor any content and does not guarantee that any Content made available through our Services complies with this Agreement or is suitable for all users. We shall not be responsible for loss or corruption of data, and hereby waive all claims with respect to any damage that may occur to your computer system, internet access, download or display device. To the extent that a secondary party may have access to or view Content on your computer or mobile device related to our Services, you are solely responsible for informing such party of all provisions, terms, disclaimers and warnings in this Agreement.
e. Using our Services does not give you ownership of any intellectual property rights in our Services or the Content you access. You may not use Content from our Services for any commercial purpose unless you obtain written permission from Dance Class Live. These terms do not grant you the right to use any branding, logos or Marks (as defined in Section 7(a) below) used in our Services and you may not remove, obscure, or alter any legal notices displayed in or along with our Services.
f. Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you or prevents you from obeying traffic or safety laws.
g. Product and service descriptions and specifications are subject to change. Product and service descriptions, prices and other information on the Website may contain typographical errors or may be incorrect, incomplete, or not current. DCL periodically adds, updates and corrects the information in the Website without notice. If you find an error, please notify us through Customer Support.
3. SALES TAXES
a. DCL will collect and remit sales tax on purchases as required by applicable law for transactions made through our Website and Services. When necessary, sales taxes will be charged based on the ZIP code included in your shipping address. For sales of gift certificates or other instances where a shipping address is not applicable, the sales tax charged is based on the ZIP code included in the billing address. At checkout, we will display the estimated sales tax for your order. This is only an estimate; the final sales tax charged for any purchase will be determined by your ZIP code at the time your order enters the fulfillment process and your Payment Method is charged.
4. MEMBERSHIP, FREE TRIALS, BILLING AND CANCELLATION
i. Ongoing Membership. Your DCL Membership, which may start with a free trial, will continue month-to-month and automatically renew unless and until you cancel your Membership or terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the DCL Service. We will bill the monthly Membership fee along with any other charges you may incur in connection with your use of the DCL Service, to your Payment Method. You must cancel your Membership before it renews each month in order to avoid billing of the next month’s Membership fees to your Payment Method.
ii. Basic Account. A Basic Account allows you to purchase Event tickets, Class Passes, and certain other products without having a paid DCL Membership provided you have set up a valid “Payment Method” in your DCL Basic User Account.
b. Free Trials
i. Your DCL Membership may start with a free trial. The free trial period of your Membership lasts for one month, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former Members only. DCL reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for monthly Membership fees at the end of the free trial period of your Membership and your Membership will automatically renew monthly unless you cancel prior to the end of the free trial period. To view the specific details of your Membership, including monthly Membership price and end date of your free trial period, visit our website and click the "View Billing Details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of Service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. CLICK THE "YOUR ACCOUNT" LINK AT THE TOP OF ANY DCL WEB PAGE (www.danceclasslive.tv) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on a monthly basis for your Membership fee until you cancel.
i. Recurring Billing. By starting your DCL Membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the DCL Service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include promotional offers, gift card and promotional code redemption, purchases of DCL products or services, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
iv. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our Members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance. If DCL suspends or terminates your registration or Membership because of your breach of the Agreement, you will not be entitled to a refund of any unused portion of such fees, except to the extent required under applicable law.
v. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Your Account" link, available at the top of the pages of the DCL website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the Membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
vi. Cancellation. You may cancel your DCL Membership at any time, and you will continue to have access to the DCL Service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED DCL CONTENT. To cancel, go to the "Your Account" page on our website and follow the instructions for cancellation. If you cancel your Membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "View billing details" on the "Your Account" page. If you signed up for DCL using your account with a third party as a Payment Method, and wish to cancel your DCL Membership at any time, including during your free trial, you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the DCL Service through that third party. You may also find billing information about your DCL Membership by visiting your account with the applicable third party.
d. DCL Service
ii. The DCL Service and any content viewed through our Service are for your personal and non-commercial use only. During your DCL Membership, we grant you a limited, non-exclusive, non-transferable, license to access the DCL Service and view DCL content through the Service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the Service for public performances.
iii. We continually update the DCL Service, including the content library. In addition, we continually test various aspects of our Service, including our website, user interfaces, service levels, plans, promotional features, availability of DCL content, delivery and pricing. We reserve the right to, and by using our Service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our Service.
iv. From time to time, DCL may offer Special Content on the Website which is made available for viewing for a specific duration of time in exchange for a Pay-Per-View (PPV) fee. PPV fees for accessing Special Content will be added to your next monthly bill. Certain Services and features of the Website are made available in exchange for a-la-carte fees (such as DCL gear and other products) that may be charged to your Payment Method. You may purchase certain products and services directly from DCL on the Website.
vi. The availability of DCL content to watch will change from time to time, and from country to country. The quality of the display of the DCL content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet and mobile device access charges. Please check with your Internet and mobile device provider for information on possible data usage charges. DCL makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching DCL content show will vary based on a number of factors, including your location, available bandwidth at the time, the DCL content you have selected and the configuration of your DCL ready device.
vii. DCL software is developed by, or for, DCL and is designed to enable streaming and viewing of content from DCL through DCL ready devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our Service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the DCL Service. If your DCL ready device is sold, lost or stolen, please deactivate the DCL ready device. If you fail to log out, subsequent users may access the DCL Service through your account and may be able to access certain personal data stored in your account information.
e. Security, Passwords and Account Access
i. The Member who created the DCL “User Account” and whose Payment Method is charged is referred to here as the “Account Owner”. The Account Owner has access and control over the DCL account. The Account Owner's control is exercised through use of the Account Owner's User ID and password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting DCL Customer Support and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card) associated with their account to anyone. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
ii. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DCL Website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DCL reserves the right to place any account on hold anytime with or without notification to the Member in order to protect itself and its partners from what it believes to be fraudulent activity. DCL is not obligated to credit or discount a Membership for holds placed on the account by either a representative of DCL or by the automated processes of DCL.
iii. We use reasonable precautions to protect the privacy of your User ID, password. User Account information, and when applicable, all credit card information is collected and transmitted by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card information is encrypted using an SSL connection is not expected to be read in an intelligible form as it travels to the Website. You, however, are ultimately responsible for protecting your User ID, password, and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to (i) immediately notify DCL of any unauthorized use of your User ID, password or User Account, or any other breach of security, and (ii) ensure that you exit from your User Account at the end of each session. While we provide certain encryption technologies and use other reasonable precautions to protect your personal and confidential information and provide suitable security, we do not, and cannot, guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.
f. Non-Transferability of User Account. User Accounts and User IDs are nontransferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Website with his or her User ID and password.
g. Health Representation. As a Member of DCL, you affirm that either:
i. All of the following statements are true: (i) no physician has ever informed you that you have a heart condition or that you should only do physical activities recommended by a physician; (ii) you have never felt chest pain when engaging in physical activity; (iii) you have not experienced chest pain when not engaged in physical activity at any time within the past several months; (iv) you have never lost your balance because of dizziness and you have never lost consciousness; (v) you do not have a bone or joint problem that could be made worse by a change in your physical activity; (vi) your physician is not currently prescribing drugs for your blood pressure or heart condition; (vii) you do not have a history of high blood pressure, and no one in your immediate family has a history of high blood pressure or heart problems; and (viii) you do not know of any other reason you should not exercise; or
ii. Your physician has specifically approved of your use of Dance Class Live Events whether in person or viewed over the internet. If applicable, you further affirm that (i) you are not pregnant or (ii) your physician has specifically approved your use of DCL Events and activities whether in person or viewed over the internet.
5. MODIFICATIONS OF THIS AGREEMENT
a. We may modify this Agreement at any time, for any reason, without notice. You should look at the terms regularly. We will post a “LAST UPDATED” date at the beginning of these terms as notice that we have made modifications to this Agreement. You shall be responsible for reviewing and becoming familiar with any such modifications. Such modifications are effective upon first posting or notification. Thereafter, any use of the Website or any of the Services by you constitutes your acceptance of the terms and conditions of this Agreement as modified. You agree to review this Agreement regularly to ensure that you are updated as to any changes. This Agreement, together with DCL’s Privacy Statement, any other legal notices published by DCL on the Website, shall constitute the entire Agreement between you and DCL concerning the Website. If you do not agree to the modified terms for a Service, you should discontinue your use of our Services.
b. If there is a conflict between any existing terms and any updated or additional terms, the updated or additional terms will control for that conflict. These terms control the relationship between Dance Class Live and you. They do not create any third-party beneficiary rights. If you do not comply with these terms, and we don’t take action right away, this doesn’t mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.
6. WEBSITE ACCESS
a. Subject to your continued compliance with all of the provisions of this Agreement, DCL hereby grants you permission to use the Website provided that: (i) aside from strictly personal use as set forth above, you will not copy or distribute any part of the Website in any medium without DCL's prior written authorization; (ii) you will not alter or modify any part of the Website other than as expressly authorized and then only for such express purpose; (iii) you may not circumvent, disable, violate or attempt to violate, or otherwise interfere with the security or integrity of the Website, the proper operation of the Website, any features that prevent or restrict use or copying of any Content (as the term is defined below) or enforce limitations on use of the Website or the Content therein, or interfere with any activity being conducted on the Website; and (iv) you may not decompile, disassemble or reverse engineer any of the software comprising or in any way making up part of the Website.
c. You agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the DCL Service; use or launch any automated system, including without limitation, “robots,” “spiders,” “scrapers,” or “offline readers,” that accesses the Website in a manner that sends more request messages to DCL’s servers in a given period of time than a single human can reasonably produce in the same period by using a conventional web browser. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the DCL service; insert any code or product or manipulate the content of the DCL service in any way; or, use any data mining, data gathering or extraction method. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any unauthorized commercial solicitation purposes. Unless expressly authorized by the applicable user, you agree not to solicit, for commercial purposes, any users of the Website with respect to their “User Submissions,” as that term is defined below. You agree that if and when User Submissions are allowed, your Submissions will not involve the transmission of “junk mail,” “chain letters,” “spamming,” or other unsolicited mass mailings, and will not contain restricted or password only access pages or hidden pages or images. DCL reserves the right in its sole discretion to block access or discontinue Services to offenders, and to investigate and take appropriate legal action against anyone who, in DCL’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities.
7. COMMUNICATION PREFERENCES
a. By becoming a Member and using our Services, you consent to receiving (i) administrative/transaction and (ii) marketing related electronic communications from us involving your Membership. These administrative/transaction related communications may involve sending emails to your email address provided during registration, or posting communications on our Services, or in your User Profile and will include administrative notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with DCL. You agree that such electronic notices, agreements, disclosures, or other communications that we send to you will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of any electronic communications from us for your own records. You also consent to receiving other communications from us, such as newsletters about new DCL features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional marketing related communications, simply click Unsubscribe on the communication. Please review our Privacy Statement for further detail on our marketing communications.
8. INTELLECTUAL PROPERTY RIGHTS AND USE OF FEEDBACK
a. The content on the Website, including without limitation, the text, software, scripts, graphics, files, images, photos, sounds, music, videos, interactive features and the like (collectively “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to DCL, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. DCL reserves all rights not expressly granted in and to the Website and the Content. For clarity, in the event we allow User Submissions, you retain ownership of any User Submissions that you create and post as far as we are concerned. You agree to not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any other purposes whatsoever any Content, including, but not limited to, image, audio, and visual content, Marks, third party User Submissions, or other proprietary rights not owned by you, (i) without the express prior written consent of the respective owners, or (ii) in any way that violates any right of any third party.
b. The DCL Services, including all Content provided on the Website, are protected by copyright, trade secret or other intellectual property laws and treaties. DCL is a dba of Starwest Productions, Inc. a California corporation.
c. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Website, please notify us by contacting Customer Support.
d. DCL is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Services, including the Website and user interfaces, unencumbered, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving our Services. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note we do not accept unsolicited materials or ideas for dance programming and we are not responsible for the similarity of any Content or programming on our Website to any media or materials or ideas transmitted to us. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DCL and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
9. TERM AND SURVIVAL
a. This Agreement shall remain in full force and effect while you use the Website or any of our Services. You may terminate your use of the Website or your Membership at any time by contacting Customer Support at firstname.lastname@example.org. DCL may terminate your access to the Website or your Membership at any time, for any reason, with or without notice.
b. All the terms set forth in this Agreement which either expressly or by their nature survive the cancellation or termination of this Agreement, or as necessary for the completion of the obligations of this Agreement, shall continue in full force and effect beyond the cancellation or termination until such time as they are satisfied and completed or by their nature expire. Notwithstanding the forgoing, following termination all obligations of the Parties shall cease and desist.
10. USER SUBMISSIONS
a. From time to time, we may permit Member’s to post, upload or submit reviews, comments, suggestions, ideas, questions, answers, pictures, videos, or other content to the Website (“User Submissions”). In the event, we allow you to publish your content on our Website, you understand and hereby acknowledge the following:
i. You retain ownership of your User Submissions. You agree not to post, upload or submit User Submissions that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you or to any other person; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that we may deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets); (vii) contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you know is not correct and current. You agree that any User Submissions that you post, upload or submit does not and will not violate third-party rights of any kind, including without limitation any intellectual property rights or rights of privacy. To the extent that your User Submission contains music, you hereby represent that you are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound recordings rights, with respect to each and every musical composition (including lyrics) and sound recording contained in such User Submission and have the power to grant the license granted herein. DCL reserves the right, but is not obligated, to reject, modify and/or remove any User Submission for any reason at any time. You understand that publishing your User Submission on the DCL Website and Services is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. DCL is free to use any comments, information, ideas, concepts, reviews or techniques or other material you may post, upload, submit, send or otherwise provide to us (without acknowledgement or compensation) for any purpose on an unrestricted basis.
ii. In connection with User Submissions, you further agree that you will not: (i) publish falsehoods or misrepresentations; (ii) submit material that is unlawful, obscene, lewd, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, excessively violent, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate or objectionable; (iii) post advertisements or solicitations of business; (iv) impersonate another person; (v) be compensated or granted any consideration by any third party for submitting your User Submission. DCL does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and DCL expressly disclaims any and all responsibility or liability in connection with User Submissions.
iii. You shall own and shall be solely responsible for the content of your own User Submissions and any consequences of posting or publishing them. You agree that DCL has no liability with respect to any User Submissions recorded and posted by you, and you hereby irrevocably release DCL and its officers and directors, employees, agents, shareholders, representatives, and affiliates, from any and all liability arising out of or relating to such User Submissions or any part thereof. In connection with your User Submissions, you affirm, represent, and warrant that you can and will demonstrate to DCL’s full satisfaction, upon its request, that the posting of your User Submission on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. You agree to pay all royalties, fees, and other monies owing any person or entity for any content posted by you to or through the Website. By submitting your User Submissions to the Website, you give DCL all non-exclusive rights and licenses necessary to use and otherwise exploit such User Submissions for any purpose in connection with the Website and DCL’s Services. These rights are irrevocable, but you remain the owner of the User Submissions that you create. You also hereby do and shall grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, modify, reproduce, distribute, display, and prepare derivative works of or from such User Submissions as permitted through the functionality of the Website under this Agreement and subject to any applicable laws.
iv. DCL reserves the right to decide whether Content or a User Submission is inappropriate, or violates this Agreement, including without limitation, due to violations of intellectual property law, pornography, harassment, obscene or defamatory material, or excessive length. DCL also reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages and User Submissions) by you, or to restrict, suspend or terminate your access to all or any part of the Website at any time, for any reason, without prior notice. Notwithstanding the foregoing, DCL assumes no responsibility for monitoring the Website, Content, or User Submissions for inappropriate conduct, or modifying or removing such conduct, Content or User Submissions from the Website.
v. It is DCL’s policy to (1) block access to or remove User Submissions that it believes in good faith to be copyrighted material that has been illegally copied, displayed or distributed by any of our advertisers, affiliates, content providers, Members or users; and (2) remove and discontinue Services to repeat offenders. We may terminate or restrict your use of our Services, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of the terms of this Agreement or (ii) engaged in illegal or improper use of the Services. DCL reserves the right to discontinue any aspect of the Website at any time.
vi. Whether or not such User Submissions are published, DCL does not guarantee any confidentiality with respect to such submissions. Events hosted by DCL will normally be recorded and made available for the benefit of other visitors and Members of the Website. By participating in any Events, whether in the audience or in the spotlight, you grant permission for DCL to capture your image, voice, likeness, and contributions in these Events and publish them in text, audio, video, or other electronic formats now and in perpetuity without further notice or compensation of any kind. In such case, you understand and agree that these recordings are not a form of “User Submissions”, but Content that we own the rights to use under this Agreement.
vii. You understand and agree that if DCL grants you the limited right to “post” (i.e. disclose) certain User Submissions and/or information from the Website and Services to third-party social networking services, then any User Submissions and/or information so posted or disclosed by you is subject to the policies and restrictions of the applicable social networking service, and not DCL.
11. CUSTOMER SUPPORT
a. To find more information about our Service and its features, the best place to start is our Frequently Asked Questions (“FAQ’s”) link at the bottom of our home page on the Website. If you need further assistance with establishing your account or have any questions regarding your account, please contact Customer Support through the “Contact Us” link at the bottom of all the main pages on our Website. In the event of any conflict between this Agreement and information provided by Customer Support or other portions of our Website, the terms of this Agreement will control.
12. THIRD-PARTY WEBSITES
a. The Website may contain links to third party websites that are not owned or controlled by DCL. When you access third-party websites, you do so at your own risk. DCL encourages you to be aware when you leave the Website to read the terms and conditions and privacy statement of each third-party website that you visit. DCL has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed in any third-party websites. In addition, DCL will not and cannot monitor, verify, censor or edit the content of any third-party website. By using the Website, you expressly relieve DCL from any and all liability arising from your use of any third-party website.
13. WARRANTY DISCLAIMER
a. To the fullest extent permitted by law, DCL, its suppliers and licensors, and each of their respective officers, directors, employees, shareholders, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof, including warranties of merchantability, fitness for a particular purpose and non-infringement. In addition, neither DCL nor its suppliers nor licensors, nor any of their respective officers, directors, employees, shareholders and agents, makes any warranties or representations about the accuracy or completeness of the Website’s Content or the content of any sites linked to the Website, and assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of Content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website; (iii) any unauthorized access to or use of the secure servers and/or any and all personal information and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party; and/or (vi) any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Website. DCL does not warrant, endorse, guarantee, or assume responsibility for any content, product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any advertising, and DCL will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of content, products or services. The Website is controlled and offered by DCL from its facilities in the United States of America. DCL makes no representations that the Website is appropriate or available for use in other locations. Those who access or use the Website from other jurisdictions are responsible for compliance with local law.
a. You agree to defend, indemnify and hold harmless DCL, its parent corporation, subsidiaries and affiliates, along with its officers, directors, employees, shareholders and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, demands, and expenses (including but not limited to, attorneys’ fees) arising from: (i) your use of and access to the DCL Website and Services and any third party content provided in connection therewith, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties contained herein; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any of your User Content or any content that is submitted via your account; or (vi) any other party’s access and use of any portion of the DCL Website and Services with your unique username, password or other appropriate security code. You agree that the provisions contained in this section will survive any termination or expiration of this Agreement and/or your account, or of discontinuation of all or any portion of our Website and Services. Further, DCL reserves the right to employ separate counsel in connection with any such action, proceeding or investigation and to participate in the defense thereof, but the fees and expenses of such counsel shall be paid by you, unless (i) you have failed to promptly assume the defense and employ qualified and competent counsel as provided herein, (ii) you have agreed in writing to pay such fees and expenses of separate counsel; or (iii) an action, proceeding, or investigation has been commenced against the DCL and you and representation of both DCL and you by the same counsel would be inappropriate because of actual or potential conflicts of interest between the Parties. In the case of any circumstance described in clauses (i), (ii) or (iii) of the immediately preceding sentence, you shall be responsible for the reasonable fees and expenses of such separate counsel.
15. LIMITATION OF LIABILITY
a. In no event shall DCL, its suppliers and licensors, or their respective officers, directors, employees, shareholders or agents, be liable to you or any third party for any indirect, incidental, special, punitive, or consequential damages whatsoever, including lost profits, whether based on warranty, contract, tort, or any other legal theory, and whether or not DCL is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. Subject to the foregoing, DCL’s liability to you for any reason, will be limited to the amount paid, if any, by you to DCL for Services you have purchased in connection with the Website. You specifically acknowledge that DCL shall not be liable for User Submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests solely and entirely with you.
16. ASSIGNMENT, WAIVER AND SEVERABILITY
a. You may not transfer or assign this Agreement or any rights and licenses granted hereunder without DCL’s prior written consent. DCL may freely transfer, assign, or delegate this Agreement, and any of its rights or obligations hereunder without notice. Under this Agreement, all rights, powers, obligations and privileges of the parties are separate, cumulative, and can be exercised at the same time or successively. A waiver of any breach of any term herein by either Party shall be deemed a waiver for that instance alone, and not constitute or be construed as a continuing or general waiver of that or any other term of the Agreement. Any provision of the Agreement which shall prove to be invalid, void, illegal, or unenforceable in any respect, shall in no way affect, impair, or invalidate any other provision hereof, and such remaining provisions shall remain in full force and effect.
a. If there is any dispute about or involving the Website, you agree that the dispute shall be governed by the laws of the State of California, without regard to conflict of law’s provisions thereof. Any dispute arising from or relating to the subject matter of this Agreement that cannot be settled through a private negotiation, then the Parties agree to settle any such dispute or controversy by mediation, as a condition precedent to the initiation of any adjudicative action or proceeding, including arbitration. Should the Parties fail to resolve their controversy or dispute through mediation, the controversy or dispute shall be finally settled by binding arbitration in Los Angeles County, California, using the English language, by one commercial arbitrator(s) with substantial experience in resolving intellectual property and commercial contract disputes. JAMS shall administer the arbitration pursuant to its Comprehensive Arbitration Rules and Procedures and such settlement shall be considered final, irrevocable and binding. The arbitrator shall have the authority to grant specific performance and to allocate between the Parties the costs of arbitration (including service fees, arbitrator fees and all other fees related to the arbitration) in such equitable manner as the arbitrator may determine. The prevailing Party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each Party shall have the right to institute an action in a court of proper jurisdiction for preliminary injunctive relief pending a final decision by the arbitrator. For all purposes of this Agreement, the Parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in Los Angeles County, California. The decision of the arbitrator may be entered as a judgment and shall be enforceable by any court having jurisdiction over the applicable Party. The arbitrator's authority to resolve and make written awards is limited to claims between the Parties alone. EACH PARTY HEREBY EXPRESSLY WAIVES ANY RIGHT TO TRIAL BY JURY OF ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION ARISING HEREUNDER OR DELIVERED IN CONNECTION HEREWITH WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE. Finally, you and DCL agree that any cause of action arising out of or related to the Website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.