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AGREEMENT BETWEEN USER AND DanceSport Club, LLC - Ballroom and Latin Dance Classes for adults and children in Houston, TX (“DanceSport Club”).
DanceSport Club Web Site is comprised of various Web pages operated by DanceSport Club .
DanceSport Club Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of DanceSport ClubWeb Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
DanceSport Club reserves the right to change the terms, conditions, and notices under which DanceSport Club Web Site is offered, including but not limited to the charges associated with the use of DanceSport Club Web Site.
PAYMENT
User agrees to pay DanceSport Club for services which allows the user access to instructional dance lessons taught by DanceSport Club under the terms and conditions of this Agreement.
• PRICING : The pricing listed on the DanceSport Club website is subject to change in DanceSport Club's sole discretion.
• NONTRANSFERABLE : payments are nontransferable and user balances may not be transferred to another account. Memberships are for the sole use of the person whom they were purchased for originally.
• NONREFUNDABLE : Fees paid to DanceSport Club for prepaid memberships, packages, private lessons, workshops or otherwise are nonrefundable and earned upon receipt, even if membership are revoked or cancelled. Please see your email receipt or check your online account for package expiration dates. All classes may be taken at any class time available up through the date of expiration. Class days, times and venues are subject to change and availability. Please plan to arrive early to park and sign in. DanceSport Club is not responsible for students arriving late, traffic or changes in travel plans.
• REVOCABLE : DanceSport Club reserves the DanceSport Club in its sole discretion and without notice to the user to revoke a user's membership for breaching the terms and conditions of this Agreement or for behavior that DanceSport Club deems inappropriate.
• AUTO-DEBIT TERMS : Monthly dues will be billed to the credit card on file if you have purchases a monthly membership. User agrees to be billed for the full period specified in this Agreement. First and last month of auto-debit membership contracts are due upon signing.
• PENALTIES : Member will be charged a late fee of $50 for any payment declined or returned for insufficient funds or any other reason. In the event of a Chargebacks or Stop Payment, user shall be liable to DanceSport Club for treble damages for the amounts charged back or where payment was stopped, in addition to attorneys' fees and court costs in enforcing this Agreement. Furthermore, DanceSport Club shall also be entitled to all other applicable forms of recovery under applicable law.
• PERSONAL EFFECTS : DanceSport Club is not responsible for personal belongings under any circumstances.
• LIABILITY WAIVER : the user acknowledges that DanceSport Club programs involve an inherent risk of physical injury and assumes full responsibility for participation waiving any claim or rights of action against DanceSport Club including loss, claims, expenses, liabilities, damages or legal fees incurred by the user or to user's property.
• POLICY CHANGE : DanceSport Club reserves the right in its sole discretion to change the above policies without notice, which does not entitle the user to a refund under any circumstances.
• PRIVATE LESSONS: Private lessons are by appointment and availability of instructor. All sales are final.
LINKS TO THIRD PARTY SITES
DanceSport Club Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of DanceSport Club and DanceSport Club is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DanceSport Club is not responsible for webcasting or any other form of transmission received from any Linked Site. DanceSport Club is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DanceSport Club of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of DanceSport Club Web Site, you warrant to DanceSport Club that you will not use DanceSport Club Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use DanceSport Club Web Site in any manner which could damage, disable, overburden, or impair DanceSport Club Web Site or interfere with any other party's use and enjoyment of DanceSport Club Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through DanceSport Club Web Sites.
USE OF COMMUNICATION SERVICES
DanceSport Club Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
DanceSport Club has no obligation to monitor the Communication Services. However, DanceSport Club reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. DanceSport Club reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
DanceSport Club reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in DanceSport Club's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DanceSport Club does not control or endorse the content, messages or information found in any Communication Service and, therefore, DanceSport Club specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DanceSport Club spokespersons, and their views do not necessarily reflect those of DanceSport Club.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO DanceSport Club OR POSTED AT ANY DanceSport Club WEB SITE
DanceSport Club does not claim ownership of the materials you provide to DanceSport Club (including feedback and suggestions) or post, upload, input or submit to any DanceSport Club Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting DanceSport Club , its affiliated companies and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. DanceSport Club is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in DanceSport Club 's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH DanceSport Club WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. DanceSport Club AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN DanceSport Club WEB SITE AT ANY TIME. ADVICE RECEIVED VIA DanceSport Club WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
DanceSport Club AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON DanceSport Club WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. DanceSport Club AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DanceSport Club AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DanceSport Club WEB SITE, WITH THE DELAY OR INABILITY TO USE DanceSport Club WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DanceSport Club WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF DanceSport Club WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DanceSport Club OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DanceSport Club WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING DanceSport Club WEB SITE.
SERVICE CONTACT : info@dancesportclub.com
TERMINATION/ACCESS RESTRICTION
DanceSport Club reserves the right, in its sole discretion, to terminate your access to DanceSport Club Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in Harris County, Texas, U.S.A. in all disputes arising out of or relating to the use of DanceSport Club Web Site. Use of DanceSport Club Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DanceSport Club's a result of this agreement or use of DanceSport Club Web Site. DanceSport Club 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of DanceSport Club 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of DanceSport Club Web Site or information provided to or gathered by DanceSport Club with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and DanceSport Club with respect to DanceSport Club Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and DanceSport Club with respect to DanceSport Club Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of DanceSport Club Web Site are: Copyright 2015 by DanceSport Club and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
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DanceSport Club PUBLIC SPACE PHOTOGRAPY, VIDEOTAPING AND FILMING POLICY
The purpose of this policy is to establish the terms and conditions under which DanceSport Club public spaces may be used for photography, filming and videotaping.
Non-commercial photography, videotaping and filming by patrons and visitors:
· Patrons and visitors are permitted to take photographs and videotape for personal, non-commercial use with hand-held cameras in Main Ballroom, Junior Ballrooms and Lobby area.
· Use of large cameras and ancillary equipment such as lighting, tripods, cables, etc. is prohibited
· Taking photographs, videotaping and filming of patrons, visitors and staff without their permission are prohibited.
· In all instances, DanceSport Club reserves the right to cease photography, videotaping and filming if it results in the disruption of the studio environment.
· DanceSport Club reserves the right to deny requests or revoke permission for photography, videotaping and filming for any reason.
Commercial or news-related photography, videotaping and filming:
· No photographs, videos, films, multimedia or images of any kind are allowed to be taken for commercial use without the express written permission of the DanceSport Club
· No photographs, videos, films, multimedia or images of any kind, including, but not limited to, the library,exhibits and property therein, are allowed to be taken for news-related use of any kind without the express written permission of the DanceSport Club.
· DanceSport Club reserves the right to deny requests or revoke permission for photography, videotaping and filming for any reason.
· Written consent of patrons, visitors and staff whose likenesses will be used in publications or promotional materials is required.
Special Event photography, videotaping and filming:
· Sponsoring organizations may photograph, videotape and film in the space(s) where a special event is held.
· Representatives of the sponsoring organization are responsible for obtaining written consent of patrons, visitors and library staff whose likenesses will be used in publications or promotional materials.
· Taking photographs, videotaping and filming outside the space(s) where a special event is held require a minimum 24-hour notice and must be approved by DanceSport Club.
· The use of large cameras and ancillary equipment such as lighting, tripods, cables, etc. require a minimum 24-hour notice and must be approved by DanceSport Club.
· In all instances, DanceSport Club reserves the right to cease photography, videotaping and filming if it results in the disruption of the studio environment.
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