DanceFam, Inc. Terms of Service

Welcome to DanceFam, an online platform for dance events, classes, and artist services. These Terms of Service ("Terms") govern your use of the DanceFam platform, website, and services.

By accessing or using DanceFam, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access or use our services.

DanceFam reserves the right to modify these Terms at any time. We will notify registered users of material changes via email or in-app notification. Your continued use of DanceFam following the posting of changes constitutes your acceptance of such changes.

• "DanceFam" refers to DanceFam, Inc., a corporation incorporated in Delaware, operating the Platform.
• "Platform" refers to the DanceFam website, mobile applications, and services.
• "Organizer" refers to any individual or entity that creates and manages dance events, classes, or series on the Platform.
• "Attendee" or "Student" refers to any individual who purchases tickets or registers for events or classes through the Platform.
• "User" refers to any person who accesses or uses the Platform, including Organizers and Attendees.
• "Event" refers to any dance event, class, series, or experience created by an Organizer on the Platform.
• "Content" refers to text, images, videos, information, and any other material provided by Users of the Platform.
• "Ticket Price" refers to the face value of admission set by the Organizer for an Event.
• "Service Fee" refers to the fee charged by DanceFam on paid ticket transactions, passed to the buyer at checkout.

To use certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

Age Requirement: You must be at least 13 years of age to create an account and use the Platform. If you are between 13 and 18 years of age, you may only use the Platform with the consent of a parent or legal guardian. By creating an account, you represent that you meet these age requirements.

You are responsible for safeguarding your account credentials and for any activities or actions under your account. You agree to notify DanceFam immediately of any unauthorized use of your account.

Your authentication data is transmitted securely. DanceFam employs industry-standard security measures to protect your account information.

As an Organizer, you are responsible for creating and managing your Events, setting ticket prices, and providing accurate event information to Attendees.

Accurate Event Information: Organizers must ensure that all Event details—including dates, times, locations, pricing, and descriptions—are accurate and kept up to date. Misleading or fraudulent event listings are prohibited and may result in account suspension.

Compliance with Laws: Organizers are responsible for complying with all applicable local, state, and federal laws and regulations related to their Events, including obtaining any necessary permits, licenses, or insurance.

Event Safety: Organizers are solely responsible for the safety and conduct of their Events, including venue conditions, crowd management, and emergency procedures.

DanceFam reserves the right to remove any Event or Organizer from the Platform at its sole discretion if these Terms are violated.

Attendees may purchase tickets to Events through the Platform. All ticket sales are subject to the refund policy described in Section 7 below.

Assumption of Risk: By purchasing a ticket through DanceFam, Attendees explicitly acknowledge and agree that dancing and attending dance events involve inherent risks of physical injury. Attendees assume all risks associated with participating in the dance Event, including but not limited to falls, contact with other participants, effects of weather, and any other potentially dangerous conditions.

Release of Liability: Attendees expressly agree that neither the Organizer nor DanceFam, Inc. shall be responsible for any physical harm, injuries, or damages resulting from participating in dance activities at the Events. Attendees waive and release any claims against the Organizer and DanceFam related to injuries sustained while dancing or attending the Event.

Attendees are responsible for reviewing Event details, including date, time, location, and any specific rules or requirements for the Event, before purchasing tickets.

Recording Restrictions: Attendees are prohibited from recording dance events (video, audio, or photographs) for the purpose of misrepresenting the recording as being from a different event or venue. Any recordings made at Events must not be falsely attributed, labeled, or presented as having occurred at any other event, venue, or time. Violation of this policy may result in legal action, removal from the Platform, and forfeiture of any rights to attend future Events.

Service Fee: DanceFam charges a service fee on paid ticket transactions. This fee is passed to the buyer and displayed at checkout in addition to the Ticket Price set by the Organizer. Free events do not incur a service fee.

Payment Processing: All payments are processed by Stripe, a third-party payment processor. By making a purchase on the Platform, you agree to Stripe's Terms of Service. DanceFam does not directly store your payment card details.

Organizer Payouts: Organizers receive payouts according to Stripe's standard payout schedule. DanceFam does not hold or escrow funds on behalf of Organizers.

Chargebacks: Chargebacks and payment disputes initiated by Attendees are the financial responsibility of the Organizer. DanceFam will cooperate with Stripe and the Organizer to resolve disputes but is not liable for chargeback losses.

Event Cancellation: If an Event is cancelled, Attendees are entitled to a full refund of the Ticket Price. DanceFam retains the Service Fee to cover payment processing and administrative costs.

Organizer-Initiated Cancellations: When an Organizer cancels an Event, the Organizer is responsible for ensuring refunds are issued to Attendees. DanceFam will facilitate the refund process through Stripe.

Attendee No-Shows: Attendees who do not attend an Event are not entitled to a refund unless the Organizer's own refund policy provides otherwise.

Dispute Facilitation: DanceFam facilitates communication between Organizers and Attendees regarding refund requests but is not liable for refund disputes between parties. Final refund decisions rest with the Organizer, subject to applicable law.

You agree not to use the Platform to:

• Create fraudulent, misleading, or fictitious events or listings;
• Post or transmit content that is hateful, discriminatory, threatening, or harassing;
• Engage in any illegal activity or facilitate the violation of any law;
• Send unsolicited commercial messages (spam) or engage in deceptive marketing practices;
• Impersonate another person or misrepresent your affiliation with any entity;
• Interfere with, disrupt, or place undue burden on the Platform or its infrastructure.

DanceFam reserves the right to remove any Content and suspend or terminate any account that violates this Acceptable Use policy, at its sole discretion and without prior notice.

The DanceFam Platform, including its design, algorithms, functionalities, features, logos, trademarks, and software code, is the exclusive intellectual property of DanceFam, Inc. and is protected by copyright, trademark, patent, and other intellectual property laws.

Restrictions: Users may not copy, modify, distribute, sell, or lease any part of the DanceFam Platform or its functionalities. Users may not reverse engineer, decompile, or attempt to extract the source code of the Platform. Automated scraping, crawling, or data extraction from the Platform is strictly prohibited without prior written consent from DanceFam.

User Content License: Any Content uploaded to the Platform by Users remains the intellectual property of the original creator. However, by uploading Content to the Platform, Users grant DanceFam a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute the Content for the purpose of operating and promoting the Platform.

DanceFam serves solely as a platform connecting Organizers and Attendees. DanceFam is not responsible for the actions, content, information, or data of third parties, including Organizers and Attendees.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANCEFAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
• ANY CONTENT OBTAINED FROM THE PLATFORM; OR
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL DANCEFAM'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO DANCEFAM, IF ANY, IN THE PAST SIX MONTHS.

Organizer Indemnification: Organizers agree to indemnify, defend, and hold harmless DanceFam, Inc., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to their Events, including but not limited to injuries, property damage, or any failure to comply with applicable laws.

User Indemnification: All Users agree to indemnify, defend, and hold harmless DanceFam, Inc. from and against any claims, damages, or expenses arising from Content they upload, their use of the Platform, or their violation of these Terms.

DanceFam collects and processes personal data in accordance with its Privacy Policy. By using DanceFam, you consent to such processing and you warrant that all data provided by you is accurate.

We may collect user data necessary for operating the Platform, including account information, purchase history, and usage data. This information is used solely for providing and improving our services.

DanceFam does not sell user data to third parties. Data may be shared with third-party service providers (such as Stripe for payment processing) only as necessary to operate the Platform, or as required by law. For full details, please review our Privacy Policy.

Arbitration Agreement: Any dispute, controversy, or claim arising out of or relating to these Terms, including their validity, interpretation, breach, or termination, shall be resolved by binding arbitration, rather than in court.

The arbitration shall be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA). The seat of arbitration shall be New Jersey. The language of the arbitration shall be English.

The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement. The arbitrator's award shall be final and binding on all parties.

Class Action Waiver: Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor DanceFam will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

Notwithstanding the foregoing, either party may seek emergency equitable relief before a court of competent jurisdiction to maintain the status quo pending arbitration.

DanceFam may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

If you wish to terminate your account, you may simply discontinue using the Platform or contact us to request account deletion.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Entire Agreement: These Terms constitute the entire agreement between you and DanceFam regarding the Platform and supersede all prior agreements and understandings, whether written or oral.

Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Severability: If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

Force Majeure: DanceFam shall not be liable for any failure to perform its obligations where such failure is as a result of acts of nature, fire, flood, earthquake, other natural disasters, terrorism, government restriction, or any other circumstances beyond the reasonable control of DanceFam.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without DanceFam's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. DanceFam may assign or transfer these Terms, at its sole discretion, without restriction.

No Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and DanceFam's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.