Terms and conditions

Last Updated: 20. March 2019

 

LEGAL NOTICE

 

Please read these Terms of Service Agreement ("Terms & Conditions") carefully as these Terms & Conditions constitute a legally binding agreement between you and Dancer’s Life governing your access to and use of the Dancer’s Life website (domain dancers.life), including any subdomains thereof, and any other websites through which Dancer’s Life makes its services available (collectively, "Website"), our mobile, tablet, watch, TV and other smart device applications, and application program interfaces (collectively, "Apps") and all associated services (collectively, "Services"). The Website, Apps and Services together are hereinafter collectively referred to as the “Dancer’s Life Platform”.  When these Terms mention “Dancer’s Life,” “Dancer’s Life Platform”, “we”, “us”, or “our”, it refers to the Dancer’s Life company you are contracting with. By using or accessing DL Platform, you accept these Terms & Conditions in full and without modification and agree to comply with and be bound by all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published on Dancer’s Life. If you disagree with these Terms & Conditions or any of the terms, conditions, rules, policies or procedures, do not use or access the Dancer’s Life Platform.

 

In addition to the sections below, these Terms & Conditions includes and incorporates by reference the following agreements, terms, policies, requirements and guidelines applicable to your use of the Dancer’s Life:

·       Privacy Policy

 

This Terms & Conditions constitutes the entire agreement between you and Dancer’s Life and governs your use of the Services as a User superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and Dancer’s Life. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this Terms & Conditions.

 

You agree to use our services at your own risk. Our services are provided on an "as is" and "as available" basis. You agree that you have made your own determination regarding the usefulness of the service. We disclaim all warranties including, but not limited to, warranties of merchantability and fitness for a particular purpose. We are not liable for any damages, direct or consequential, resulting from your use of the service, any failure to provide service, suspension of service, or termination of service. We do not guarantee the availability of the service. You agree not to hold us responsible for data loss or interruption of service of any kind. We take no responsibility for the content of any page linked from here which is outside of Dancer’s Life Platform. We take no responsibility for the correctness of information on Dancer’s Life Platform.

 

In consideration of being permitted to access and use Dancer’s Life Platform, you hereby agree to release Dancer’s life, and each of its respective officers, directors, agents, co-branders, other partners, and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, known and unknown, arising out of or in any way connected with disputes between you and third parties (including organizers, schools, teachers, members, and other users) in connection with the services, your access and use of the services, or any information or events listed thereon.

 

This Terms & Conditions is accepted upon your use of the Dancer’ Life Platform and is further affirmed by you registering as a User. Your agreement with Dancer’s Life will always include this Terms & Conditions at a minimum. Your access and use of certain Dancer’s Life Services will require you to accept additional terms and conditions applicable to such certain Dancer’s Life Services, in addition to this Terms & Conditions, and may require you to download Software or Content. The failure of Dancer’s Life to exercise or enforce any right or provision of this Terms & Conditions shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Dancer’s Life is a trademark of Dancer’s Life Ltd. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

 

To contact us regarding any questions about this Terms & Conditions, you can write us to email info@dancers.life or through the contact form on the Website or in Apps.

 

1.    INTRODUCTION

 

Welcome to Dancer’s Life, a website and applications dedicated to empowering the global dancecommunity. Dancer's Life allows dance schools, dance teachers and event organizers to publish and manage dance events and private classes online in order to promote and market them to the dance community. Dancer’s Life provides the Website and Apps to enable people all over the world to search and register for dance events and also to search and contact dance teachers and schools. The Dancer’s Life services are hosted in Slovenia for the whole world.

 

Trademark

The trademarks, service marks, and logos of Dancer’s Life used and displayed in connection with the Services are unregistered trademarks or service marks of Dancer’s Life. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties. Nothing contained in this Agreement shall be construed as conferring any rights by implication, estoppel or otherwise, under any intellectual property right, other than the rights expressly granted in this Agreement with respect to Confidential Information,without the prior written consent of Dancer’s Life specific for each such use. The Trademarks may not be used to disparage Dancer’s Life, any third party or third party's products or services, or in any manner that may damage any goodwill in the Trademarks (in Dancer’s Life's sole judgment). 

 

2.    ELIGIBILITY, USER VERIFICATION and ACCEPTABLE USE

 

To use Dancer’s Life Platform registration is not mandatory, but not registering will limit the user experience to the most basic use and view. If you do register than by using the Dancer’s Life Platform, you represent and warrant that:

(a) all registration information you submit is truthful and accurate;

(b) you will maintain the accuracy of such information;

(c) you are at least 18 years of age, or, if higher, the legal age of majority where you reside;

(d) your use of the Dancer’s Life Platform does not violate any applicable law.

 

Dancer’s Life grants Users a non-exclusive, non-transferable, non-sublicensable right to access and use of the platform and applications solely for the purposes of searching, viewing, creating, editing and publishing dance events, dance school profiles, teacher profiles, other content and use of diverse set of Dancer’s Life features.

 

In order to maintain Content and post authenticity on Dancer’s Life, we screen users who request to join this community. User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any user’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:

(i)             ask users to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of users,

(ii)           screen users against third party databases or other sources and request reports from service providers, and

(iii)          obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available), where we have sufficient information to identify a user.

 

Dancer’s Life reserves the right to accept or reject user requests. Your event, school or professional profile may be deleted and your user account may be terminated without warning, if we believe that you have posted or published information that is incorrect or misleading to the user. i.e., the publishing of false contact, address, or any information that is inaccurate.

 

You must not directly or indirectly use Dancer’s Life Platform:

·       to modify, reproduce or otherwise create derivatives of any part of the Services;

·       to engage in any activity that interferes with or disrupts Dancer’s Life; in any way that causes, or may cause, damage to the Dancer’s life or impairment of the availability or accessibility of DL Platform;

·       in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

·       to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

·       to reverse engineer, disassemble, decompile or otherwise attempt to discover the source code the structure, sequence and organization of all or any part of the Services;

·       to transmit or send unsolicited commercial communications;

·       for any purposes related to marketing without Dancer’s Life's express written consent.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to DL platform without Dancer’s Life's express written consent.

 

The Dancer’s Life Platform is for the personal and commercial use of users and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Dancer’s Life. Dancer’s Life reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Dancer’s Life Platform, including, without limitation, collecting usernames, user id numbers, and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to Dancer’s Life, or employing third party promotional sites or software to promote events for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from User profiles without notice or explanation and may result in termination of users privileges. Dancer’s Life reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Dancer’s Life Platform.

 

The access to or use of certain areas and features of Dancer’s Life Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms & Conditions and terms and conditions applicable to a specific area or feature of the Dancer’s Life Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

 

If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. If you access or download the Application from the Google Play Store, you agree to Google Play’s Terms of service. Some areas of the Dancer’s Life Platform implement Google Maps services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

 

2.1. Account Registration

1.       You must register an account ("Dancer’s Life Account") to access and use certain features of the Dancer’s Life Platform, such as publishing or booking an event. If you are registering a Dancer’s Life Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms & Conditions.

2.       You can register a Dancer’s Life Account using an email address and creating a password, later you can connect your account with certain third-party social networking services, such as Facebook or Google ("SNS Account") and use those for Login. You have the ability to disable the connection between your Dancer’s Life Account and your SNS Account at any time, by accessing the "Settings" section of the Dancer’s Life Platform.

3.       You must provide accurate, current and complete information during the registration process and keep your Dancer’s Life Account and public profile page information up-to-date at all times.

4.       You may not register more than one (1) Dancer’s Life Account unless Dancer’s Life authorizes you to do so. You may not assign or otherwise transfer your Dancer’s Life Account to another party.

5.       You are responsible for maintaining the confidentiality and security of your Dancer’s Life Account credentials and may not disclose your credentials to any third party. You must immediately notify Dancer’s Life if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Dancer’s Life Account. You are liable for any and all activities conducted through your Dancer’s Life Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

6.       Dancer’s Life may enable features that allow you to authorize other Users or certain third parties to take certain actions that affect your Dancer’s Life Account. For example, we may allow eligible Users or certain third parties to book events on behalf of other Users, or we may allow Hosts to add other Users as Co-Hosts to help manage their events. These features do not require that you share your credentials with any other person. No third party is authorized by Dancer’s Life to ask for your credentials, and you shall not request the credentials of another User.

 

2.1.1. Password

When you sign up to become a User, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, email address or password of another User at any time or disclose your password to any third party. You agree to notify Dancer’s Life immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

 

2.2. Event Registration

To register for an event, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the Event Registration form; and

(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

If you provide any information that is untrue, inaccurate, not current or incomplete, or Dancer’s Life has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we retain the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof).

 

As a User, you may book various events. This service is provided at the sole discretion of the Event Organizer. Dancer’s Life does not guarantee the accuracy of schedules, prices, requirements, or any other information provided about the event. It is a User's sole responsibility to ensure that they will be able to attend at the time and place designated, and pay the entrance fee. Dancer’s Life is not liable for any issues between the teacher, dance school or organizer, and the booking User including but not limited to injury, sickness, missed appointments, fee collection, lesson requirements and the accuracy of provided information. Once a booking is made, it is the sole responsibility of the User and Event organizer to ensure proper communication prior to the scheduled time. Dancer’s Life does not endorse any Event, Teacher, School, Organizer or User. Book at your own risk.

 

2.3. Private Bookings

As a User, you may book privates with instructors at various events. This service is provided at the sole discretion of the Event Organizer. Dancer’s Life does not guarantee the accuracy of schedules, prices, requirements, or any other information provided about private bookings.

It is a User's sole responsibility to ensure that they will be able to meet the dance professional at the time and place designated, and pay the fee. Dancer’s Life does not collect money for private bookings, and is not liable for any issues between the Teacher, Organizer, and the booking User including but not limited to injury, sickness, missed appointments, fee collection, lesson requirements and the accuracy of provided information. Once a booking is made, it is the sole responsibility of the User and Teacher to ensure proper communication prior to the scheduled time. Dancer’s Life does not endorse any Teacher or User. Book at your own risk.

 

3.    CONTENT

 

Dancer’s Life is a free service offered "as-is" and "as-available". Dancer’s Life has the right to change its features, functionality and terms at any time without notifying the public. Dancer’s Life has the right to terminate or suspend Dancer’s Life’s Platform at any time. Dancer’s Life expressly disclaims all warranties, express and/or implied, including but not limited to merchantability, title, non-infringement, and fitness for a particular purpose.

 

3.1. Scope of Dancer’s Life Services

The Dancer’s Life Platform is a website and applications that enable registered users (“Users ”) and certain third parties who offer services (Users and third parties who offer services are “Organizers ” and the services they offer are “Dance Events ”) to publish such Dance Events on the Dancer’s Life Platform and to communicate and transact directly with Users that are seeking to book such Dance Events (Users booking Dance Events are “Attendees ”).

 

As the provider of the Dancer’s Life Platform, Dancer’s Life does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Event Services, nor is Dancer’s Life an Organizer or retailer of event packages under Directive (EU) 2015/2302. Organizers alone are responsible for their Events and Event Services. When Users make or accept a booking, they are entering into a contract directly with each other. Dancer’s Life is not and does not become a party to or the other participant in any contractual relationship between Users. Dancer’s Life is not acting as an agent in any capacity for any User, except as specified in the Payments and Tax chapter.

 

While we may help facilitate the resolution of disputes, Dancer’s Life has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Events or Event Services, (ii) the truth or accuracy of any Event descriptions, or other User Content, or (iii) the performance or conduct of any User or third party.

 

Dancer’s Life does not endorse any User, Organizer or Event. Any references to a User and description is not an endorsement, certification or guarantee by Dancer’s Life about any User, including of the User's identity or background or whether the User is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to participate in an Event or use other Dance Services, accept a booking request from an Attendee, or communicate and interact with other Users, whether online or in person. Images are intended only to indicate a photographic representation of an Event at the time the photograph was taken, and are therefore not an endorsement by Dancer’s Life of any Event or Teacher/Dance school profile.

 

To promote the Dancer’s Life Platform and to increase the exposure of Events to potential Attendees, Events and other User Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Users who speak different languages, Events and other User Content may be translated, in whole or in part, into other languages. Dancer’s Life cannot guarantee the accuracy or quality of such translations and Users are responsible for reviewing and verifying the accuracy of such translations. The Dancer’s Life Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

 

The Dancer’s Life Platform may contain links to third-party websites or resources (“Third-Party Services ”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Dancer’s Life is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Dancer’s Life of such Third-Party Services.

 

Due to the nature of the Internet, Dancer’s Life cannot guarantee the continuous and uninterrupted availability and accessibility of the Dancer’s Life Platform. Dancer’s Life may restrict the availability of the Dancer’s Life Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Dancer’s Life Platform. Dancer’s Life may improve, enhance and modify the Dancer’s Life Platform and introduce new Dancer’s Life Services from time to time.

 

3.2. Language

We may translate this Terms & Conditions, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on Dancer’s Life Platform into other languages for your convenience. The English language version of each of these documents is the version that governs your use of Dancer’s Life Platform and in the event of any conflict between the English language version and a translated version, the English language version will control.

 

3.3. Protecting Copyrights and Other Intellectual Property

All material, including but not limited to: information, data, software, text, design elements, graphics, images and other Content ("Content"), contained on Dancer's Life Platform is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. Except as expressly authorized by Dancer’s Life in writing or in connection with your use of the intended functionality of the Dancer’s Life Platform, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Content, or post any Content for which you do not hold the rights on any other website or in a networked computer environment for any purpose. You shall use the Content only for purposes that are permitted by this Terms & Conditions and any applicable laws and regulations (foreign and domestic). The use of automated data collection on this site is not allowed without explicit permission by Dancer’s Life. Any rights not expressly granted herein are reserved.

 

If you find anything published on Dancer’s Life Platform that should not be here because of violating copyright, violating your private sphere or something that is not in the public interest, please email us at info@dancers.life and it will be removed immediately. If you believe your work has been copied and posted on or through the Dancer’s Life Platform in a way that constitutes copyright infringement, please send Dancer’s Life a notification of claimed infringement with all of the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (b) identification of the claimed infringing material and information reasonably sufficient to permit us to locate the material on the Dancer’s Life Services (providing the URL(s) of the claimed infringing material that satisfies this requirement); (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (e) a statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf; and (f) your physical or electronic signature. Notification of claimed infringement can be sent to info@dancers.life, as well as an inquiry about the availability of the copyright tools and technologies.

 

3.4. User Content Proprietary Rights

The Dancer’s Life Platform containa Content of Users and other Dancer’s Life partners. Except as provided within this Agreement, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, sell or otherwise use any Content appearing on or through the Dancer’s Life Platform.

 

Users contribute Content to Dancer’s Life and that is why most of Dancer’s Life Content is maintained by users. As such, Dancer’s Life does not guarantee the accuracy of profiles and other content of any kind. Please always be sure to check the accuracy of a post before acting on the information. In these Terms & Conditions, “User content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to Dancer’s Life Platform, for whatever purpose.

 

Dancer’s Life respects the intellectual property of others, and requires that our users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. It is Dancer’s Life’ policy to terminate, in appropriate circumstances, the User account of one time or repeat infringers.

 

Dancer’s Life does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "User Content") that you transmit, submit, display or publish (“post”) on, through or in connection with the Dancer’s Life. After posting your User Content on, through or in connection with the Dancer’s Life, you continue to retain any such rights that you may have in your User Content, subject to the limited license herein.

 

You agree that if you contribute, provide or make available any User Content, through or in connection with the Dancer’s Life, you hereby grant to Dancer’s Life a limited license to use, modify, adapt, delete from, add to, publicly perform, publicly display, reproduce, translate, publish and distribute such Content, in whole or in part, solely on, through or in connection with the Dancer’s Life, including, without limitation, through the Dancer’s Life Platform to applications, widgets, websites or mobile, desktop or other services which are linked with Dancer’s Life (collectively, “Linked Services”), including, without limitation, distributing part or all of the Dancer’s Life Services and any Content included therein, in any media formats and through any media channels, now known or hereafter developed, for any purpose whatsoever, except the Content marked “private” that will not be distributed by Dancer’s Life outside the Dancer’s Life Platform and Linked Services. This limited license does not grant Dancer’s Life the right to sell or otherwise distribute your Content outside of the Dancer’s Life Platform or Linked Services. You grant to Dancer’s Life the right to bring an action for infringement of these rights.

 

We understand that some business owners might want to remove their Event page or their Profile for a variety of reasons. After you remove your Content from the Dancer’s Life Platform we will cease distribution as soon as practicable, and at such time when distribution ceases, the license will terminate. If after we have distributed your Content outside of the Dancer’s Life Platform, you change the Content’s privacy setting to “private,” we will cease distribution of such “private” Content outside of the Dancer’s Life Platform as soon as practicable after you make the change. Notwithstanding the foregoing, you understand and agree that once Content is distributed to a Linked Service or incorporated into other aspects of the Dancer’s Life Platform, Dancer’s Life is under no obligation to delete or ask other Users or a Linked Service to delete that Content, and therefore it may continue to appear and be used indefinitely.

 

If you come across a dance school that is no longer in business, a place to dance that is closed, or a dance event that is no longer active, you can report that to us via email info@dancers.life or via our Contact form to report this matter. Dancer’s Life will verify this report and deactivate the profile and page accordingly.

 

The license you grant to Dancer’s Life is non-exclusive (meaning you are free to license your Content to anyone else in addition to Dancer’s Life), fully-paid and royalty-free (meaning that Dancer’s Life is not required to pay you or anyone else deriving rights from you for the use on the Dancer’s Life Platform of the Content that you post), sub-licensable (so that Dancer’s Life is able to use its affiliates, subcontractors and other partners such as Internet content delivery networks and wireless carriers to provide the Dancer’s Life Platform), and worldwide (because the Internet and the Dancer’s Life Platform reach is global).

 

You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all your User Content

(i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Dancer’s Life or a third party (in each case under any applicable law), and

(ii) complies with all applicable laws and regulations (foreign and domestic); your User content must not be illegal or unlawful; and you must not submit any User content to the Dancer’s Life Platform that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

 

You agree that Dancer’s Life may preserve your User Content and may also disclose your User Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

(i) comply with legal process;

(ii) enforce this Terms & Conditions;

(iii) respond to claims that any of your Content violates the rights of third parties; and/or

(iv) protect the rights, property, or personal safety of Dancer’s Life, its users and/or the public.

 

You understand that the technical processing and transmission, including your User Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices. Dancer’s Life performs technical functions necessary to offer Dancer’s Life Platform, including, but not limited to, the technical processing and transmission of email communications to perform the email service, and trans-coding and/or reformatting Content to allow its use throughout Dancer’s Life Platform.  Dancer’s Life reserves the right to limit the storage capacity of Content that you post on, through or in connection with the Dancer’s Life Platform.

 

Please choose carefully the information that you post on, through or in connection with the Dancer’s Life and that you provide to other Users. Your Dancer’s Life profile may not include any form of Prohibited Content, more details in User Content Acceptance Policy Chapter. Despite this prohibition, information, materials, products or services provided by other Dancer’s Life Users (for instance, in their profiles) or Linked Services may, in whole or in part, be unauthorized, impermissible or otherwise violate this Terms & Conditions, and Dancer’s Life assumes no responsibility or liability for this material. If you become aware of misuse of the Dancer’s Life Platform by any person or Linked Service, please click on the "Contact Us” link at the bottom of Dancer’s Life Platform.

 

You are solely responsible for the User Content that you post on, through or in connection with Dancer’s Life Platform, and any material or information that you transmit to other Users and for your interactions with other Users.

 

3.5. User Content Acceptance Policy & Prohibited Content/Activity

Content submitted by users, including text copy, image, video and audio, must be relevant to the subject matters covered by Dancer’s Life. This means it should be dance-related and relevant to the dance community around the world. Your Content must also be accurate and truthful.

 

Dancer’s Life assumes no responsibility for monitoring the Dancer’s Life Platform for inappropriate User Content or conduct. If at any time Dancer’s Life chooses, in its sole discretion, to monitor Dancer’s Life Platform, Dancer’s Life nonetheless assumes no responsibility for the User Content, no obligation to modify or remove any inappropriate User Content, and no responsibility for the conduct of the User submitting any such User Content.

 

At the same time Dancer’s Life may reject, refuse to post any User Content for any or no reason, including, but not limited to, content that in the sole judgment of Dancer’s Life violates this Terms & Conditions or which may be offensive, illegal or violate the rights of any person or entity, or harm or threaten the safety of any person or entity. So any Content that has offensive and/or inappropriate language or contains sexist, racist, or other discriminatory material is unacceptable. All Dancer’s Life users are encouraged to report inappropriate content. Dancer’s Life reserves the right in their sole discretion to monitor, alter, edit, or remove any of your Content from the Dancer’s Life Platform, and/or rescind and terminate your right to use Dancer’s Life Platform at any time (with or without further notice) if Dancer’s Life believes in its sole discretion that it does not comply with this Terms & Conditions. Dancer’s Life reserves this as a right, not an obligation.

 

Dancer’s Life reserves the right to investigate and take appropriate legal action against anyone who, in Dancer’s Life' sole discretion, violates this Terms & Conditions, including, without limitation, removing the offending Content from the Dancer’s Life Services, terminating the User account of violators and/or reporting Content or activities to law enforcement authorities.

 

Prohibited Content includes, but is not limited to, Content that, in the sole discretion of Dancer’s Life:

·       harasses or advocates harassment of another person;

·       exploits people in a sexual or violent manner; 

·       contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;

·       solicits or is designed to solicit personal information from anyone under 18;

·       publicly posts information that poses or creates a privacy or security risk to any person;

·       constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;

·       constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, 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;

·       contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);

·       furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;

·       solicits or is designed to solicit passwords or personal identifying information for commercial or unlawful purposes from other Users;

·       includes a photograph or video of another person that you have posted without that person's consent;

·       uses sexually suggestive imagery or any unfair, misleading or deceptive Content intended to draw traffic to the profile;

·       violates or attempts to violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person;

·       does criminal or tortious activity, including, but not limited to, child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;

·       involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging like "spimming," or "spamming";

·       involves commercial activities and/or sales without prior written consent from Dancer’s Life such as contests, sweepstakes, barter, advertising, or pyramid schemes;

·       advertising to, or solicitation of, any User to buy or sell any products or services through the unauthorized or impermissible use of the Dancer’s Life Platform.

 

You may not transmit any chain letters or junk email to other Users. If you breach this Agreement and send or cause to send (directly or indirectly) unsolicited bulk messages, status or mood updates, bulletins or other unauthorized commercial communications of any kind through the Dancer’s Life Platform, you acknowledge that you will have caused substantial harm to Dancer’s Life, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay Dancer’s Life 100 EUR for each actual or intended recipient of such unsolicited message, status or mood update, bulletin or other unauthorized commercial communication you send through the Dancer’s Life Platform.

 

In the sole discretion of Dancer’s Life, we prohibit activities including, but not limited to:

·       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 Dancer’s Life Platform;

·       activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;

·       modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Content from the Dancer’s Life Platfrom other than your Content which you legally post on, through or in connection with the Dancer’s Life Platform;

·       providing or using “tracking” or monitoring functionality in connection with the Dancer’s Life Platform, including, without limitation, to identify other Users’ views, actions or other activities on Dancer’s Life Platform;

·       covering or obscuring the banner advertisements and/or safety features (e.g., report abuse button) on your personal profile page, or any Dancer’s Life page via HTML/CSS or any other means;

·       using any automated system, such as, but not limited to, using scripts to send messages, status updates, blogs or bulletins;

·       interfering with, disrupting, or creating an undue burden on the Dancer’s Life Platform or the networks or services connected to the Dancer’s Life Platform;

·       impersonating or attempting to impersonate Dancer’s Life or a Dancer’s Life employee, administrator or moderator, another User, or person or entity (including, without limitation, the use of email addresses associated with or of any of the foregoing);

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

·       selling or otherwise transferring your profile, your email address or URL;

·       using or distributing any information obtained from the Dancer’s Life Platform in order to harass, abuse, or harm another person or entity, or attempting to do the same;

·       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 Dancer’s Life Platform on behalf of that person, such as placing commercial content on your profile, links to e-commerce sites not authorized by Dancer’s Life, posting status or mood updates, blogs or bulletins with a commercial purpose, publishing a profile with a commercial purpose, or sending messages with a commercial purpose;

·       using invalid or forged headers to disguise the origin of any Content transmitted to or through Dancer’s Life' computer systems, or otherwise misrepresenting yourself or the source of any message or Content;

·       using any automated system, including, but not limited to, scripts or bots in order to harvest email addresses or other data from the Dancer’s Life Platform for the purposes of sending unsolicited or unauthorized material;

·       engaging in, either directly or indirectly, or encouraging others to engage in, click-throughs generated through any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent;

·       or Using the Dancer’s Life Platform in a manner inconsistent with any and all Applicable Laws.

 

3.6. Event Posts

As an Organizer, Dance Professional or School owner (“Pro User”), you may create an event post advertising your Event ('Post'). To create an Event, you will be asked to add a variety of information about the event to be listed, including, but not limited to, the location, dates, teachers, levels and prices. Event will be viewable by the public, and Users will be able to respond through Dancer’s Life's Booking service. Once contact is established, all further communication is the responsibility of the Pro Users. Once the event has been filled, it is the User's sole responsibility to 'Close' the booking by selecting the ”Sold out” button. Dancer’s Life is not responsible for Events that are not properly closed.

 

You acknowledge and agree that you are responsible for any and all Events that you submit. Accordingly, you represent and warrant that any Event you submit will not breach any agreements you have entered into with any third parties, such as a studio or residence, and will be in compliance with all applicable laws, including tax requirements, and not conflict with the rights of third parties.

 

Dancer’s Life assumes no responsibility for a User's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Dancer’s Life reserves the right, at any time and without prior notice, to remove or disable access to any Event profile for any reason, including Events that Dancer’s Life, in its sole discretion, considers to be objectionable for any reason, including but not limited to violation of these Terms & Conditions or otherwise harmful to the Dancer’s Life Platform.

 

You understand and agree that Dancer’s Life does not act as an insurer or as your contracting agent. If a User enters into an agreement with you in relation to your Event, that agreement is solely between you and the other Users. In no way is Dancer’s Life a party to any Event arrangements.

 

3.7. No Endorsement and no warranties

Dancer’s Life does not endorse any Event or Profile. Any information provided by any User at any time - whether false, omitted or accurate - is the sole responsibility of the User. Dancer’s Life will not be held liable for any information provided by its Users. We therefore recommend that you always exercise due diligence and care when deciding whether to connect with an Event Organizer, Teacher or School, or to have any other interaction with any other User. We are not responsible for any damage, whether direct or indirect, resulting from the attendance of any Event. Any complaints, concerns, or any other interaction is the sole responsibility of the User and the Event Organizer. Dancer’s Life is not liable for any arising issues. Each Event is responsible for their own Terms & Conditions.

 

By using Dancer’s Life Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dancer’s Life with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Users of Dancer’s Life Platform regarding any communication made or responded to by you.

 

As stated above, the Dancer’s Life Platform is intended to be used to facilitate Users sharing information about Dance events. Dancer’s life cannot and does not control the content contained in any profile and the condition, legality or suitability of any Event. Dancer’s life is not responsible for any disclaims and all liability related to any and all profiles. All event attendances are made at the User's risk.

 

Dancer’s Life Platform is provided "as is" without any representations or warranties, express or implied. Dancer’s Life makes no representations or warranties in relation to Dancer’s Life Platform or the information and materials provided on it. Without prejudice to the generality of the foregoing paragraph, Dancer’s Life does not warrant that:

·       Dancer’s Life Platform will be constantly available, or available at all; or

·       the information on Dancer’s Life Platform is complete, true, accurate or non-misleading.

Nothing on Dancer’s Life Platform constitutes, or is meant to constitute advice of any kind. If you require advice in relation to any dance, medical, legal or financial matter you should consult an appropriate professional.

 

3.8. Third party linked services

The User Content and third parties may provide links to other Internet websites or resources. Dancer’s Life has no control over such websites and resources. You acknowledge and agree that Dancer’s Life is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You acknowledge and agree that Dancer’s Life is not responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource found on the Dancer’s Life Platform.

 

Linked Services created by third party developers may be available on, through or in connection with the Dancer’s Life Platform. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Dancer’s Life profile or shared with other Users on the Dancer’s Life or which may link to your Dancer’s Life account from outside of the Dancer’s Life Platform. Linked Services may use your Dancer’s Life profile information, friends and/or other profile content on the Linked Service and share activity events between Dancer’s Life and the Linked Service (depending on the features the Linked Service chooses to make available). 


When you engage with a third party Linked Service, you are interacting with the third party, not with Dancer’s Life. Dancer’s Life does not control the third party, and cannot dictate their actions. If you choose to use a third party Linked Service, the Linked Service may use and share your data in accordance with the privacy policy of and your privacy settings on such service. In addition, the third party providing the Linked Service may use other parties to provide portions of the application or service to you, such as technology, development or payment services. Dancer’s Life is not responsible for and makes no warranties, express or implied, as to the third party Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). Dancer’s Life encourages you not to provide any personally identifiable information to any third party Linked Service unless you know and are comfortable with the party with whom you are interacting.

 

3.9. Emails

In addition, you agree and acknowledge that Dancer’s Life may send messages including, but not limited to, notifications, special offers, promotions, commercial advertisements, and marketing materials, in connection with the Dancer’s Life. You can control what type of communications you receive from the Dancer’s Life by logging into your account and choosing the appropriate notifications settings or by following the unsubscribe instructions contained at the bottom of commercial emails.

 

4.    TERMS

 

This Agreement, and any posted revision to this Agreement, shall remain in full force and effect while you use the Dancer’s Life Platform or are a User. You may terminate your User account at any time, for any reason, by following the instructions on the User's Account Settings page. Dancer’s Life may terminate your User account at any time, for any or no reason, with or without prior notice or explanation, and without liability. Furthermore, Dancer’s Life reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including, without limitation, private messages, emails and other kinds of messages (collectively, “messages”)) by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Dancer’s Life Platform at any time, for any or no reason, with or without prior notice or explanation, and without liability. In addition, Dancer’s Life reserves the right, in its sole discretion, to reassign or rename your event’s URL. Dancer’s Life expressly reserves the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of Dancer’s Life Platform if Dancer’s Life determines, in its sole discretion, that you have violated this Agreement or pose a threat to Dancer’s Life, its employees, business partners, Users and/or the public. Even after User account is terminated, this Agreement will remain in effect without limitation.

 

4.1. Terms specific for Organizers

 

4.1.1. Terms applicable to all Events

When creating an Event through the Dancer’s Life Platform you must (i) provide complete and accurate information about your Service (such as Event description, location, and availability), (ii) disclose any deficiencies, restrictions and requirements that apply (such as any minimum age, proficiency or fitness requirements) and (iii) provide any other pertinent information requested by Dancer’s Life. You are responsible for keeping your Event information (including availability) up-to-date at all times.

 

You are solely responsible for setting a price (including any Taxes if applicable, or additional charges such as for example Masterclass) for your Event (“Event Fee”). Once an Attendee requests a booking of your Event, you may not request that the Attendee pays a higher price than in the booking request.

 

Any terms and conditions included in your Event, in particular in relation to cancellations, must not conflict with these Terms & Conditions or the relevant cancellation policy for your Event.

 

Pictures, animations or videos (collectively, "Images") used in your Events must accurately reflect the quality and condition of your Dance Services. Dancer’s Life reserves the right to require that Events have a minimum number of Images of a certain format, size and resolution.

 

The placement and ranking of Events in search results on the Dancer’s Life Platform may vary and depend on a variety of factors, such as Attendee search parameters and preferences, Organizer requirements, dance style, location, price and time, number and quality of Images, and history, Reviews and Ratings, type of Organizer Service, and/or ease of booking.

 

When you accept or have pre-approved a booking request by an Attendee, you are entering into a legally binding agreement with the Attendee and are required to provide your Organizer Service(s) to the Attendee as described in your Event when the booking request is made. You also agree to pay the applicable Organizer Fee and any applicable Taxes.

 

Dancer’s Life recommends that Organizers obtain appropriate insurance for their Dance Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Attendees (and the individuals the Attendee has booked for, if applicable) while participating in your Event or other Dance Service.

 

4.1.2. Events profile

Unless expressly allowed by Dancer’s Life, you may not list more than one profile per Event. You represent and warrant that any Event you post and the booking of, will (i) not breach any agreements you have entered into with any third parties, such as dance association, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As an Organizer, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who attend or are otherwise present at the Event at your request or invitation, excluding the Attendee and any individuals the Attendee invites to the Events.

 

4.1.3. Co-Organizers

Dancer’s Life may enable Organizers to authorize other Pro Users / Employees (“Co-Organizer”) to administer the Organizer’s Event(s), and to bind the Co-Organizer to take certain actions in relation to the Event(s) as permitted by the Organizer, such as accepting booking requests, messaging and welcoming Attendees, and updating the Event Fee and calendar availability. Any agreement formed between Organizer and Co-Organizer may not conflict with these Terms & Conditions, or any other Policies applicable to your Organizer Service(s). Co-Organizers may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Dancer’s Life. Dancer’s Life reserves the right, in our sole discretion, to limit the number of Co-Organizers an Organizer may invite for each Event and to limit the number of Events a Co-Organizer may manage.

 

Organizers should exercise due diligence and care when deciding who to add as a Co-Organizer to their Event(s). Organizers remain solely responsible and liable for any and all Events and User Content published on the Dancer’s Life Platform, including any Event created by a Co-Organizer on their behalf. Further, Organizers remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Organizer(s). Co-Organizers remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Organizer, including, but not limited to, conduct that causes harm or damage to the Organizer. In addition, both Organizer and Co-Organizer are jointly responsible and severally liable for third party claims, including Attendee claims, arising from the acts and omissions of the other person as related to Organizing activities, communications with Attendees, and the provision of any Co-Organizer Services.

 

Unless agreed otherwise by Organizer and Co-Organizer, Organizer and Co-Organizer may terminate the Co-Organizer agreement at any time. In addition, both Organizer and Co-Organizer acknowledge that their Co-Organizing relationship will terminate in the event that Dancer’s Life (i) terminates the Co-Organizer role or (ii) terminates either party’s participation in the Co-Organizer role. When the Co-Organizer agreement is terminated, the Organizer will remain responsible for all of the Co-Organizer’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a User is removed as a Co-Organizer, that User will no longer have access to any Organizer or Attendee information related to the applicable Organizer’s Event(s).

 

4.2. Terms specific for Attendees

 

4.2.1. Terms applicable to all bookings

Subject to meeting any requirements (such as completing any verification processes) set by Dancer’s Life and/or the Organizer, you can book an Event available on the Dancer’s Life Platform by following the respective booking process. All applicable fees, including the Event Fee, Security Deposit (if applicable), Attendees Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking an Event. You agree to pay the Total Fees for any booking requested in connection with your Dancer’s Life Account.

 

Upon receipt of a booking confirmation from Dancer’s Life, a legally binding agreement is formed between you and your Organizer, subject to any additional terms and conditions of the Organizer that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Event profile. Dancer’s Life will collect the Total Fees at the time of the booking request or upon the Organizer’s confirmation pursuant to the Payment Terms.

 

If you book an Event or other Dance service on behalf of additional attendees, you are required to ensure that every additional attendee meets any requirements set by the Organizer, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Organizer. If you are booking for an additional attendee who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Event or other Dance Service if accompanied by an adult who is responsible for them.

 

4.2.2. Booking Events and other Dance Services

You should carefully review the description of any Event or other Dance Service you intend to book and attend to ensure you (and any additional Attendees you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Organizer has specified in the Event profile. At your sole discretion you may want to inform the Organizer of any medical or physical conditions, or other circumstances that may impact your and any additional attendee’s ability to participate in any Event or other Dance Service. In addition, certain laws, like the minimum legal drinking age in the location of the Event or other Dance Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Event or other Dance Service. Before and during an Event or other Dance Service you must at all times adhere to the Organizers’ or Dancer professional’s instructions. You may not bring any additional individuals to an Event or other Dance Service unless such an individual was added by you as an additional attendee during the booking process on Dancer’s Life Platform.

 

5.    LEGAL

 

5.1. Disclaimers

Dancer’s life makes no warranty that services will meet your requirements, that services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of the services will be accurate or reliable, that the quality, safety and/or legality of any content, services, or other material accessed through Dancer’s Life Platform meet your expectations, or that any errors in the services will be corrected.

 

In addition, Dancer’s Life is not responsible for any damage, injury or loss caused by Users of the Dancer’s Life Platform or by any of the equipment or programming associated with or utilized in the Dancer’s Life Platform or Linked Services.

 

Dancer’s Life 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 information or communication.

 

Dancer’s Life is not responsible for any problems or technical malfunction of any telephone network or lines, computer online 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 Dancer’s Life Services or Linked Services or combination thereof, including, without limitation, 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 Dancer’s Life Platform or Linked Services.

 

Under no circumstances shall Dancer’s Life be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Dancer’s Life Platform or Linked Services, attendance at an event published on Dancer’s Life Platform, from any User Content posted on or through the Dancer’s Life Platform or Linked Services, or from the conduct of any Users of the Dancer’s Life Platform, whether online or offline.

 

If you choose to use the Dancer’s Life Platform or Collective Content, you do so voluntarily and at your sole risk. The Dancer’s Life Platform, Collective Content and Linked Services are provided "as-is" and “as available” without warranty of any kind, either express or implied, and Dancer’s Life expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Dancer’s Life cannot guarantee and does not promise any specific results from use of the Dancer’s Life Platform or Linked Services.

 

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future.

 

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights, however, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

 

5.1.1. Content

Dancer’s Life 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 through or in connection with the Dancer’s Life Services or Linked Services, by Users of the Dancer’s Life Platform or Linked Services, and such User Content does not necessarily reflect the opinions or policies of Dancer’s Life.

 

Dancer’s life is not responsible and shall have no liability for the content, products, services, actions or inactions of any User, Organizer or Third party at any time. Dancer’s life is not responsible for any inaccurate user-shared, user post or user-generated content. Dancer’s life does not pre-screen all uploaded content and is not responsible for any copyright material submitted by users including but not limited to text copy, images, audio and video.

 

Dancer’s life will take action against inappropriate content once it has become aware of it. Dancer’s life has the right to remove any user generated content that is found inappropriate according to its content acceptance policy.

 

Profiles and Linked Services created and posted by Users on, though or in connection with the Dancer’s Life Platform may contain links to other websites or services. Dancer’s Life is not responsible for the Content, accuracy or opinions expressed on such websites and services, and such websites and services are not necessarily investigated, monitored or checked for accuracy or completeness by Dancer’s Life.

 

Inclusion of any linked website or service on the Dancer’s Life Platform does not imply approval or endorsement of the linked website or service by Dancer’s Life. When you access these third party sites and services, you do so at your own risk. Dancer’s Life takes no responsibility for third party advertisements or Linked Services that are posted on, through or in connection with the Dancer’s Life Platform or Linked Services, nor does it take any responsibility for the goods or services provided by these third parties.

 

5.1.2. Events and other services

Dancer’s life has no control over and does not guarantee the quality, safety or legality of events published and advertised through Dancer’s Life Platform, the truth or accuracy of any users' content or event posts, or the ability of any user to actually perform those.

 

You agree that you have had whatever opportunity you deem necessary to investigate the Dancer’s Life Platform, laws, rules, or regulations that may be applicable to your Events and/or Organizer Services you are receiving and that you are not relying upon any statement of law or fact made by Dancer’s Life relating to an Event.

 

You agree that some Events, other Organizer Services, or Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Events may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Events. You assume full responsibility for the choices you make before, during and after your participation in an Event, other Organizer Service and Payment Service.

 

If you are bringing a minor as an additional Attendee, you are solely responsible for the supervision of that minor throughout the duration of the Event and to the maximum extent permitted by law, you agree to release and hold harmless Dancer’s Life from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Event or in any way related to it.

 

5.1.3. Unenforceable provisions

Dancer’s Life Terms & Conditions shall not apply to the extent prohibited by applicable law. If any provision of Dancer’s Life Terms & Conditions is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of Dancer’s Life Terms & Conditions.

 

5.1.4. Reasonableness

By using the Dancer’s Life Platform, you agree that the exclusions and limitations of liability set out in Dancer’s Life Terms & Conditions are reasonable. If you do not think they are reasonable, you must not use the Dancer’s Life Platform.

 

5.2. Dancer’s Life Platform Modification, Suspension, or Termination and other Measures

Dancer’s Life reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Dancer’s Life Platform (or any part thereof) for any reason or no reason with or without notice. You agree that Dancer’s Life shall not be liable to you or to any Third party for any modification, suspension or discontinuance of the Services.

 

Dancer’s Life, in its sole discretion, may immediately, without notice, terminate your account(s) (or any part thereof) and/or stop providing access to the Dancer’s Life Platform, and remove and discard any and all of your Content within the Dancer’s Life Platform, at any time for any reason or no reason, including but not limited to, lack of use, failure to timely pay any fees or other money due to Dancer’s Life, or if Dancer’s Life believes that you have violated or acted inconsistently with the letter or spirit of this Terms & Conditions, also if (i) you have materially breached your obligations under these Terms & Conditions or our Policies, (ii) you have violated applicable laws, regulations or Third party rights, or (iii) Dancer’s Life believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dancer’s Life, its Users, or Third parties (for example in the case of fraudulent behavior of a User).

 

You agree that any termination of your right to use Dancer’s Life Platform may be effected without prior notice, and acknowledge and agree that Dancer’s Life may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Dancer’s Life Platform. Further, you agree that Dancer’s Life shall not be liable to you or any Third-party for any termination of your right to use or otherwise access the Dancer’s Life Platform. All provisions of this Terms & Conditions that by their nature should survive termination of your right to use Dancer’s Life Platform shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).

 

In addition, Dancer’s Life may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms & Conditions or our Policies, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Dancer’s Life Account registration, Event process or thereafter, (iv) you and/or your Events or Organizer Services at any time fail to meet any applicable quality or eligibility criteria, (v) Dancer’s Life otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Dancer’s Life believes in good faith that such action is reasonably necessary to protect the personal safety or property of Dancer’s Life, its Users, or Third parties, or to prevent fraud or other illegal activity:

·       refuse to surface, delete or delay any Events, or other User Content;

·       cancel any pending or confirmed bookings;

·       limit your access to or use of Dancer’s Life Platform;

·       temporarily or permanently revoke any special status associated with your Dancer’s Life Account;

·       temporarily or in case of severe or repeated offenses permanently suspend your Dancer’s Life Account and stop providing access to Dancer’s Life Platform.

 

In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Dancer’s Life and an opportunity to resolve the issue to Dancer’s Life's reasonable satisfaction.

 

If we take any of the measures described above (i) we may refund your Attendees in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

 

When your User account has been terminated, you are not entitled to a restoration of your Dancer’s Life Account or any of your User Content. If your access to or use of the Dancer’s Life Platform has been limited or your Dancer’s Life Account has been suspended or terminated by us, you may not register a new Dancer’s Life Account or access and use the Dancer’s Life Platform through Dancer’s Life Account of another User.

 

If you or we terminate this Agreement, the clauses of these Terms & Conditions that reasonably should survive termination of the User account will remain in effect.

 

5.3. Indemnity

You agree to defend, indemnify and hold Dancer’s Life, and its affiliates, and each of their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a ”Claim”) due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with any of the Services; your violation of this Terms & Conditions; and/or your violation of any rights of another. Dancer’s Life shall provide notice to you of any such Claim. The failure or delay of Dancer’s Life in providing such notice shall not limit your obligations hereunder. Dancer’s Life reserves the right, but not obligation, to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting Dancer’s Life's defense of such matter.

 

5.4. Liability

Dancer’s Life is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Dancer’s Life is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Dancer’s Life in proper fulfilment of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Dancer’s Life is excluded.

 

In the event that Dancer’s Life incurs any liability whatsoever to the user such liability shall in all cases be limited to the amount equivalent to the usage fee paid for the use of Dancer’s Life Platform over a twelve-month period.

 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Dancer’s Life Platform and Collective Content, your publishing or booking of any Event via the Dancer’s Life Platform, your attendance and participation in any Event or use of any other Organizer Service, or any other interaction you have with other Users whether in person or online remains with you.

 

Dancer’s Life has no liability with respect to any of your Content or any content of any other User of the services. In addition, Dancer’s Life is not affiliated with, and has no agency or employment relationship with, any Third party service provider used in conjunction with the services, and has no responsibility for, and disclaims all liability arising from, the acts or omissions of any such Third party service provider. The foregoing limitations shall not apply to the extent prohibited by applicable law.

 

Dancer’s Life and any other party involved in creating, producing, or delivering the Dancer’s Life Platform or Collective Content will not be liable to you under any circumstances or under any law or legal theory, whether in tort, contract, or otherwise, in relation to the contents of, or use of, or otherwise in connection with Dancer’s Life Platform, or any other subject matter of this Terms & Conditions, for

(i)        any direct or indirect, incidental, special, exemplary or consequential, punitive or exemplary damages or loss, including, but not limited to, damages for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data or other intangible losses,

(ii)       any service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress

(iii)     any unauthorized access to, or alteration, theft or destruction of emails, files, programs, or information of the user by any person through accident or by fraudulent means or devices, even if such access occurs as a result of Dancer’s Life's own negligence , arising out of or in connection with these Terms & Conditions, from the use of or inability to use the Dancer’s Life Platform or Collective Content, from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the Dancer’s Life Platform, or from your publishing or booking of an Event, including the provision or use of a Event’s Organizer Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory.

 

These limitations of liability apply whether or not Dancer’s Life has been expressly advised of the possibility of such damages and the potential loss, even if a limited remedy set forth herein is found to have failed of its essential purpose or any matters beyond Dancer’s Life's reasonable control.

 

5.6. Applicable Law and Jurisdiction

These Terms & Conditions and the provision of the Services to you will be governed by and construed in accordance with the laws of Slovenia, and any disputes relating to these Terms & Conditions will be subject to the exclusive jurisdiction of the Slovenian courts.

 

The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your Country of Residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Slovenian courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms & Conditions may only be brought in a court located in Slovenia or a court with jurisdiction in your place of residence. If Dancer’s Life wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Slovenian courts.

 

5.7. Disputes

The Agreement shall be governed by, and construed in accordance with, the laws of Slovenia, without regard to its conflict of law provisions. You and Dancer’s Life agree to submit to the exclusive jurisdiction of the courts located within the Slovenia to resolve any dispute arising out of the Agreement or the use of Dancer’s Life Platform. Each of 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. Each of the parties acknowledges that this section is a material inducement for the other party entering into this agreement.

 

5.7.1. User Disputes

You are solely responsible for your interactions with other Dancer’s Life Users, third party developers or any other parties with whom you interact through the Dancer’s Life Platform and/or Linked Services. Dancer’s Life reserves the right, but has no obligation, to become involved in any way with these disputes.

 

5.7.2. Arbitration

Any controversy or claim arising out of or relating to this Terms & Conditions or the provision of the Dancer’s Life Platform shall be exclusively settled by binding arbitration in accordance with Slovenian law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Ljubljana, Slovenia and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and Dancer’s Life agree to submit to the personal jurisdiction of the courts located within the city of Ljubljana, Slovenia. Either you or Dancer’s Life may seek any interim or preliminary relief from a court of competent jurisdiction in Ljubljana, Slovenia, necessary to protect the rights or property of you or Dancer’s Life (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

 

5.7.3. Waiver; Invalid Provisions

The failure or delay of Dancer’s Life to exercise or enforce any right or provision of this Terms & Conditions shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance. If any provision of this Terms & Conditions is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Terms & Conditions shall remain in full force and effect.

 

5.8. Violations

Please report any violations of this Terms & Conditions at https://www.dancers.life/contact-us.

 

5.9. Time to File Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Dancer’s Life Platform or this Terms & Conditions must be filed within two (2) years after such claim or cause of action arose or be forever barred.

 

5.10. Breaches of these Terms & Conditions

Without prejudice to Dancer’s Life's other rights under these Terms & Conditions, if you breach these Terms & Conditions in any way, Dancer’s Life may take such action as Dancer’s Life deems appropriate to deal with the breach, including suspending your access to Dancer’s Life Platform, prohibiting you from accessing the Dancer’s Life Platform, blocking computers and mobile devices using your IP address from accessing the Dancer’s Life Platform, contacting your internet service provider to request that they block your access to the Dancer’s Life Platform and/or bringing court proceedings against you.

 

5.11. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of Dancer’s Life Platform. In connection with your use of the Dancer’s Life Platform, you will not assist or enable others to:

·       breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or this Terms & Conditions or our Policies;

·       use the Dancer’s Life Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms & Conditions or in a manner that falsely implies Dancer’s Life endorsement, partnership or otherwise misleads others as to your affiliation with Dancer’s Life;

·       copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Dancer’s Life Platform in any way that is inconsistent with Dancer’s Life’s Privacy Policy or these Terms & Conditions or that otherwise violates the privacy rights of Users or third parties;

·       use the Dancer’s Life Platform in connection with the distribution of unsolicited commercial messages ("spam");

·       offer, as an Organizer, any Event that you do not yourself organize or have permission to market through the Dancer’s Life Platform;

·       book any Event if you will not actually attend the Event yourself, unless Dancer’s Life explicitly permits otherwise;

·       contact another User for any purpose other than asking a question related to your own booking, Event, or the use of the Dancer’s Life Platform, including, but not limited to, recruiting or otherwise soliciting any User to join Third-party services, applications or websites, without our prior written approval;

·       use Dancer’s Life Platform to request, make or accept a booking independent of the Dancer’s Life, to circumvent any Service Fees or for any other reason;

·       request, accept or make any payment for Event Fees outside of the Dancer’s Life Platform. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms & Conditions; (ii) accept all risks and responsibility for such payment, and (iii) hold Dancer’s Life harmless from any liability for such payment;

·       discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;

·       misuse or abuse any Events or services associated with Dancer’s Life Platform as determined by Dancer’s Life in its sole discretion.

·       use, display, mirror or frame Dancer’s Life Platform or Collective Content, or any individual element within Dancer’s Life Platform, Dancer’s Life's name, any Dancer’s Life trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Dancer’s Life Platform, without Dancer’s Life's express written consent;

·       dilute, tarnish or otherwise harm the Dancer’s Life brand in any way, including through unauthorized use of Collective Content, registering and/or using Dancer’s Life or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Dancer’s Life domains, trademarks, taglines, promotional campaigns or Collective Content;

·       use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Dancer’s Life Platform for any purpose;

·       avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Dancer’s Life or any of Dancer’s Life's providers or any other third party to protect the Dancer’s Life Platform;

·       attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Dancer’s Life Platform;

·       take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Dancer’s Life Platform;

·       violate or infringe anyone else’s rights or otherwise cause harm to anyone.

 

You acknowledge that Dancer’s Life has no obligation to monitor the access to or use of the Dancer’s Life Platformby any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure and improve the Dancer’s Life Platform(including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms & Conditions; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms & Conditions. Users agree to cooperate with and assist Dancer’s Life in good faith, and to provide Dancer’s Life with such information and take such actions as may be reasonably requested by Dancer’s Life with respect to any investigation undertaken by Dancer’s Life or a representative of Dancer’s Life regarding the use or abuse of the Dancer’s Life Platform.

 

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Dancer’s Life by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

5.12. General Provisions

Except as they may be supplemented by additional policies, guidelines or standards, these Terms & Conditions constitute the entire Agreement between Dancer’s Life and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Dancer’s Life and you in relation to the access to and use of Dancer’s Life Platform. These Terms & Conditions do not and are not intended to confer any rights or remedies upon any person.

 

No joint venture, partnership, employment, or agency relationship exists between you and Dancer’s Life as a result of this Agreement or your use of Dancer’s Life Platform.

 

If any provision of these Terms & Conditions is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Dancer’s Life’s failure to enforce any right or provision in these Terms & Conditions will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms & Conditions, the exercise by either party of any of its remedies under these Terms & Conditions will be without prejudice to its other remedies under these Terms & Conditions or otherwise permitted under law.

 

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Dancer’s Life's prior written consent. Dancer’s Life may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this Agreement at any time remains unaffected.

 

Unless specified otherwise, any notices or other communications to Users permitted or required under this Agreement, will be provided electronically and given by Dancer’s Life via email, Dancer’s Life Platform notification, or messaging service (including SMS, FB Messenger, WhatsApp and Viber). For notices made to Users, the date of receipt will be deemed the date on which Dancer’s Life transmits the notice.

 

If your Country of Residence is in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Dancer’s Life is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

 

If you have any questions about these Terms please email us.

 

5.13. Modification of these Terms

Dancer’s Life reserves the right to modify or replace any of the terms or conditions of this Terms & Conditions in its sole discretion at any time and each such modification shall be effective upon posting on the Dancer’s Life Platform. If we make changes to these Terms & Conditions, we will post the revised Terms & Conditions on the Dancer’s Life Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective, but it is your responsibility to check this Terms & Conditions changes, so it is therefore important that you review it after each modification. Your continued use of the Dancer’s Life Platform following any such modification constitutes your agreement to be bound by and your acceptance of the Terms & Conditions as so modified. If any change to this Terms & Conditions is not acceptable to you or if you do not agree to be bound by this Terms & Conditions and to abide by all Applicable Law, your sole remedy is to cease accessing, browsing and otherwise using the Services and you must discontinue use of the Dancer’s Life Services immediately.

 

This Terms & Conditions, as may be modified from time to time, constitutes legally binding terms and applies to your use of the Dancer’s Life Platform. By accessing and/or using the Dancer’s Life Platform, you agree to be bound by this Terms & Conditions, whether you are a "Visitor" (which means that you simply browse the Dancer’s Life Platform, including, without limitation, through a mobile or other wireless device, or otherwise use the Dancer’s Life Platform without being registered) or you are a "User" (which means that you have registered with Dancer’s Life). The term "User" refers to a Visitor or a User. You are authorized to use the Dancer’s Life Platform (regardless of whether your access or use is intended) only if you agree to abide by all applicable laws, rules and regulations (“Applicable Law”) and the terms of this Terms & Conditions. In addition, in consideration for becoming a User and/or making use of Dancer’s Life Platform, you must indicate your acceptance of this Terms & Conditions during the registration process.

 

You may receive a copy of this Agreement by contacting us at our Support team.

 

5.14. Severability

If a provision of these Terms of Service is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

 

6.    FEEDBACK

 

We welcome and encourage you to provide feedback, comments and suggestions for improvements (“Feedback“) to Dancer’s Life Platform. You may submit Feedback by emailing us, through the Contact us section of Dancer’s Life Platform, via email info@dancers.life or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

 

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