Terms and Conditions

Welcome to Choreography Pros, an online dance education service. The Choreography Pros.com service is operated by Choreography Pros, LLC (“us”, “we”, or “Choreography Pros”). By accessing or using our website at www.Choreography Pros.com (the “Site”), you (the “User”) signify that you have read, understood and agreed to be bound by these Terms of Service (“Terms of Service” or “Agreement”), whether or not the User are a registered member of Choreography Pros. If the User does not agree to be bound by this Agreement and to follow all applicable laws, the User should leave the Site and discontinue use of the Services immediately. If the User wishes to become a Member and/or make use of the Services, the User must read this Agreement and indicate the User’s acceptance during the registration process.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Service at any time without further notice. If we do this, we will post the changes to these Terms of Service on this page and will indicate at the bottom of this page the date these terms were last revised. The User’s continued use of the Services or the Site after any such changes constitutes the User’s acceptance of the new Terms of Service. It is therefore important that the User review this Agreement regularly to ensure the User is updated as to any changes.

Please choose carefully the information the User posts on or through the Services and that you provide to other Users. Your Choreography Pros posts may not include any form of Prohibited Content, as outlined in Section 6 below. Despite this prohibition, information, materials, products or services provided by other Users may, in whole or in part, be unauthorized, impermissible or otherwise violate this Agreement, and Choreography Pros assumes no responsibility or liability for this material.

Choreography Prosreserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Services at any time, for any or no reason, with or without prior notice or explanation, and without liability. Choreography Pros expressly reserves the right to remove the User posts and/or deny, restrict, suspend, or terminate your access to all or any part of the Services if Choreography Pros determines, in its sole discretion, that you have violated this Agreement or pose a threat to Choreography Pros and/or its Users.

1. Eligibility

Use of the Services and registration to be a Member for the Services (“Membership”) is void where prohibited. By using the Services, you represent and warrant that you are 18 years of age or older.

2. Registration Data; Account Security

In consideration of your use of the Choreography ProsWebsite, you agree to: (i) provide accurate, current and complete information about you as may be prompted by any registration forms on the Choreography Pros Website (“Registration Data”); (ii) maintain the security of your password and identification; (iii) maintain and promptly update the Registration Data, and any other information you provide to Choreography Pros, to keep it accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place using your account.

If you find that the User is a victim of identity theft and it involves a Choreography Pros account, the User should notify Choreography Pros. Then, the User should report this instance to all the User credit card issuers, as well as your local law enforcement agency. Choreography Pros reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. Choreography Pros is not obligated to credit or discount charges for holds placed on the account by either a representative of Choreography Pros or by the automated processes of Choreography Pros.

3. Privacy

We care about the privacy of our users. Please view the Choreography Pros’ Privacy Policy. By using the Choreography Pros Website or Choreography Pros Services, the User consents to have the User’s personal data transferred to and processed in the United States. The date of any changes to our Privacy Policy will be noted at the top of our Privacy Policy page.

4. Intellectual Propriety

4.1. Proprietary Rights and Limited License

All content on the Site and available through the Services, including designs, text, graphics, pictures, videos, information, applications, software, music, sound and other files, and their selection and arrangement (collectively the “Site Content”), is the proprietary property of Choreography Pros. No Site Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Choreography Pros’ prior written permission, except that the foregoing does not apply to your own User Content (as defined in section 4.2) that the User legally posts on the Site. Provided that you are eligible for use of the Site, the User is granted a limited license to access and use the Site and the Site Content and to download or print a copy of any portion of the Site Content to which the User has properly gained access solely for the User’s personal, non-commercial use, provided that the User keeps all copyright or other proprietary notices intact. Except for the User’s own User Content, the User may not upload or republish Site Content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Site Content is strictly prohibited. Such license is subject to these Terms of Service and does not include use of any data mining, robots or similar data gathering or extraction methods. Any use of the Site or the Site Content other than as specifically authorized herein, without the prior written permission of Choreography Pros, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time without notice and with or without cause.

4.2. User Content Posted on the Site

The User is solely responsible for the photos, posts (including your name, image, and likeness), messages, notes, text, information, music, videos, listings, and other content that you upload, publish or display on or through the Services or the Site, or transmit to or share with other users (collectively the “User Content”). The User may not post, transmit, or share User Content on the Site or the Services that the User did not create or that you do not have permission to post. The User understands and agrees that Choreography Pros may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of Choreography Pros violates this Agreement, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. The User is has no proprietary rights to information posted on this site.

When the User posts content to the Site, you authorize Choreography Pros to make such copies thereof Choreography Pros we deem necessary in order to facilitate the posting and storage of the User Content on the Site. By posting User Content to any part of the Site, the User automatically grants, and you represent and warrant that you have the right to grant, to Choreography Pros an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with the Site or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Content, and to grant and authorize sublicenses of the foregoing. You may remove your User Content from the Site at any time. If you choose to remove your User Content, the license granted above will automatically expire, however you acknowledge that Choreography Pros may retain archived copies of your User Content. Choreography Pros does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.

4.3. Copyright

Choreography Pros respects the intellectual property rights of others and prohibits Users from uploading, posting or otherwise transmitting on the Site or service any materials that violate another party’s intellectual property rights.

5. Third Party Websites and Content

The Site contains (or the User may be sent through the Site or Services) links to other websites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Content”). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and Choreography Pros are not responsible for any Third Party Sites accessed through the Site or any Third Party Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by Choreography Pros. If the User decides to leave the Site and access the Third Party Sites or to use or install any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

6. Use of Share Links by Online Content Providers

Subject to the terms and conditions of these Terms of Service, Third Party Sites that meet the requirements set forth below may place a Share Link (as described below), in the form approved by Choreography Pros, on pages of their websites to facilitate use of the Share Service. A Third Party Site that posts a Share Link on its web site is referred to herein as an “Online Content Provider” and shall abide and be subject to the applicable sections of these Terms of Service. A “Share Link” is a button and/or a text link appearing on an Online Content Provider’s web page that, upon being clicked by a user, enables us to launch a sharing mechanism through which users can share with others or post to their own member profile, links and content from that page.

In the event that the Share Link is a button that contains any icons or other graphic images, trademarks or other proprietary materials of the Choreography Pros, Online Content Provider is granted permission to use such images, trademarks or other materials solely for the purpose of placing the Share Link on Online Content Provider’s site and solely in the current form provided by Choreography Pros. In the event that the Share Link is a text link, it must include the word “Choreography Pros” as part of the link. The rights granted in this paragraph may be revoked by Choreography Pros at any time with or without cause in its sole discretion, and upon such termination, Online Content Provider agrees to immediately remove all Share Links from its site.

In order for an Online Content Provider to include a Share Link on its pages, the Third Party Site must not contain any web content that if shared or posted by a user would be a violation of the user conduct rules set forth above. Without limiting the forgoing, Online Content Provider agrees not to post a Share Link on any web site that contains, and represents and warrants that such web site does not and will not contain, any content that is infringing, harmful, threatening, unlawful, defamatory, abusive, inflammatory, harassing, vulgar, obscene, lewd, fraudulent, or invasive of privacy or publicity rights or that may expose Choreography Pros or its users to any harm or liability of any type. Upon including of a Share Link, Online Content Provider agrees to defend, indemnify and hold Choreography Pros, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney’s fees, arising out of or in connection with such Share Link, any links, content or other items or materials which may be shared or posted through such Share Link, or any breach or alleged breach of the foregoing representations and warranties.

By including a Share Link, Online Content Provider automatically grants, and represents and warrants that it has the right to grant, to Choreography Pros an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use the Share Service in order to link to, use, copy, publish, stream, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), summarize, and distribute the content, links and other materials of any kind residing on any web pages on which Online Content Provider places the Share Link.

7. User Conduct

The Services are for the personal use of Users and may be used for promotional purposes, but direct commercial endeavors may only be used if they are specifically endorsed or authorized by Choreography Pros. Commercial advertisements, affiliate links, and other forms of unauthorized solicitation may be removed from the Site without notice or explanation and may result in termination of Membership privileges. Choreography Pros reserves the right to take appropriate legal action for any illegal or unauthorized use of the Services.

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Services, and the kind of activity that is illegal or prohibited on the Site and through your use of the Services. Choreography Pros reserves the right to investigate and take appropriate legal action against anyone who, in Choreography Pros’ sole discretion, violates this provision, including without limitation, removing the offending User Content from the Services, terminating the Membership of such violators, and reporting them to law enforcement authorities. Prohibited Content and Activities include, but are not limited to:

7.1. uploading, posting, transmitting, sharing, storing or otherwise making available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;

7.2. harvesting or collecting usernames, user id, numbers, email addresses or other contact information of other users from the Services or the Site by electronic or other means for the purposes of sending unsolicited emails, unauthorized framing of or linking to the Site, or employing third party promotional sites or software to promote profiles for money;

7.3. intimidating or harassing another;

7.4. impersonating any person or entity, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any person or entity;

7.5. uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. Choreography Pros reserves the right to pursue compensation for damages it sustains as a result of a breach of the Terms of this Agreement for liquidated and unliquidated damages to the full extent of the law;

7.6. uploading, posting, transmitting, sharing, storing or otherwise making publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;

7.7. using the account, username, or password of another User at any time, disclosing your password to any third party or permitting any third party to access your account;

7.8. soliciting personal information from anyone under 18 or soliciting passwords or personal identifying information for commercial or unlawful purposes;

7.9. displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Services on behalf of that person, posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose;

7.10. uploading, posting, transmitting, sharing, storing or otherwise making available content that violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;

7.11. circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Services;

7.12. using automated scripts to collect information from or otherwise interact with the Services or the Site;

7.13. uploading, posting, transmitting, sharing or otherwise making available any material that contains software viruses, bots, worms or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permitting the unauthorized use of or access to a computer or a computer network;

7.14. covering or obscuring the banner advertisements on any Choreography Pros page via HTML/CSS or any other means;

7.15. using the Services or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;

7.16. uploading, posting, transmitting, sharing, storing or otherwise making available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;

7.17. uploading, posting, transmitting, sharing, storing or otherwise making available content that, in the sole judgment of Choreography Pros, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Choreography Pros or its users to any harm or liability of any type.

8. Copyright Infringement

8.1. Copyright Complaints

Choreography Pros respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on the Site or Services any materials that violate another party’s intellectual property rights.

If the User believes your work has been copied in a way that constitutes copyright infringement, are aware of any infringing material on the Site, or know of someone who is making unauthorized use of the content of the Site, please notify us of your concern by contacting us. We will notify you with further instructions as to how to proceed.

8.2. Repeat Infringer Policy

Choreography Pros has adopted a policy of terminating, in appropriate circumstances and at Choreography Pros’ sole discretion, members who are deemed to be repeat infringers. Choreography Pros may also at its sole discretion limit access to the Site and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

9. Electronic Communications

By using the Services, the User consent to receiving electronic communications from Choreography Pros. These communications will include notices about your account (e.g. shipping and receiving, e-mails and other transactional information) and information concerning or related to our service, such as featured “Outlets” or other entertainment information or offerings. These communications are part of your relationship with Choreography Pros. The agrees that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

10. Terms of Sale

All ChoreographyPros.Com memberships, merchandise and/or product sales are final. There are no refunds. You may cancel your membership at anytime. By ordering products or services from Choreography Pros through the Site, you agree to be bound by and accept these Terms of Sale. Choreography Pros reserves the right to change prices for products or services offered at the Site at any time, and does not provide price protection or refunds in the event of a price reduction or discount.The Terms of Sale are subject to change without prior notice at any time, in Choreography Pros’ sole discretion so you should review the Terms of Sale each time you make a purchase.

11. User Disputes

The User is solely responsible for your interactions with other Choreography Pros Users. Choreography Pros reserves the right, but has no obligation, to intervene in disputes between Users.

12. Disclaimers

Choreography Pros is not responsible for and makes no warranties, express or implied, as to the User Content or the accuracy and reliability of the User Content posted on or through the Services, whether caused by Users of the Services or by any of the equipment or programming associated with or utilized in the Services and such User Content does not necessarily reflect the opinions or policies of Choreography Pros. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on the Site and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on the Site or in connection with any User Content or Third Party Content. Choreography Pros is not responsible for the conduct, whether online or offline, of any User of the Services. Choreography Pros assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User communication. Choreography Pros is not responsible for any problems or technical malfunction of any telephone network or lines, computer systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the Services or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall Choreography Pros be responsible for any loss or damage, including personal injury or death, resulting from use of the Services, attendance at a Choreography Pros event, from any User Content posted on or through the Services, or from the conduct of any Users of the Services or Third Party Content, whether online or offline. The Site and the Services are provided “AS-IS” and as available and Choreography Pros expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Choreography Pros cannot guarantee and does not promise any specific results from use of the Services.

Choreography Pros reserves the right to change any and all content, software and other items used or contained in the Site and any Services offered through the Site at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Choreography Pros.

13. Limitation on Liability

There are inherent risks of injury in educational dance exercise. Consult your physician before starting any exercise program. Injuries resulting from dance exercise include, but are not limited to, muscle soreness, ankle and knee injury, and cartilage and ligament damage, cardiac related health issues. The User is solely responsible for ensuring precautions are taken to avoid injury. In the event of physical injury or property damage occurring while practicing dance, the User agrees not to hold Choreography Pros or its shareholders, directors, employees or agents responsible.

IN NO EVENT WILL CHOREOGRAPHY PROS OR ITS SHAREHOLDERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO THE USER OR ANY THIRD PERSON, INCLUDING THE USER’S HEIRS, ASSIGNS OR ESTATE FOR ANY DIRECT, INDIRECT, COMPENSATORY, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY INJURIES, MEDICAL EXPENSES, LOST INCOME OR WAGES, LOST PROFITS OR LOST DATA ARISING FROM THE USER’S USE OF THE CHOREOGRAPHY PROS SITE OR THE SERVICES, OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY OF CHOREOGRAPHY PROS TO THE USER OR THE USER’S HEIRS, ASSIGNS OR ESTATE FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY THE USER TO CHOREOGRAPHY PROS FOR THE SERVICE DURING THE TERM OF MEMBERSHIP, BUT IN NO CASE WILL CHOREOGRAPHY PROS LIABILITY TO THE USER, HIS/HER HEIRS, ASSIGNEES, OR ESTATE EXCEED $1000. THE USER ACKNOWLEDGES THAT IF NO FEES ARE PAID TO CHOREOGRAPHY PROS FOR THE SERVICE, THE USER SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TO DAMAGES OF ANY KIND FROM CHOREOGRAPHY PROS, REGARDLESS OF THE CAUSE OF ACTION.

14. Termination

14.1. Choreography Pros may terminate your membership, delete the User’s profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 18 years of age and misrepresented  yourself  in order to gain access to ChoreographyPros.Com. When we are notified that the User has died, Choreography Pros will generally, but are not obligated to, keep the user’s account active under a special memorialized status for a period of time determined by us to allow other users to post and view comments.

14.2. The User may terminate the User’s Membership at any time, for any reason, by going to the CP’s Online Dance Studio Page and clicking the unsubscribe button.

Even after Membership is terminated, this Agreement will remain in effect.

15. Governing Laws; Disputes

This Agreement shall be governed by, and construed in accordance with, the laws of the State of Arizona.  The User and Choreography Pros agree to submit to the exclusive jurisdiction of the courts located within the State of Arizona to resolve any dispute arising out of the Agreement or the Services. CHOREOGRAPHY PROS AND THE USER (the “Parties”) HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. THE PARTIES AGREE TO RESOLVE DISPUTES ARISING OUT OF THE USE OF THIS SITE THROUGH THE EXCLUSIVE REMEDY OF AN ARBITRATION BEFORE AN ARBITRATOR FROM THE AMERICAN ARBITRATION ASSOCIATION.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.

16. Indemnity

The User agrees to indemnify and hold Choreography Pros, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or if any Content that you post on or through the Services causes Choreography Pros to be liable to another.

17. Other

This Agreement is accepted upon the User’s use of the Site or any of the Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and Choreography Pros regarding the use of the Services. The failure of Choreography Pros to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of these Terms of Service shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

 

2/20/2013



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