Terms and Conditions



 

The Dance App Standard Terms and Conditions

PLEASE READ VERY CAREFULLY THESE TERMS AND CONDITIONS AND THE FAQ BEFORE REGISTERING FOR The Dance App. PARTICIPATION IN The Dance App INDICATES THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT REGISTER FOR THE The Dance App.

Introduction. This agreement ("Agreement") between You and The Dance App (a product of Kevin Andrews Industries LLC consists of these (the "Program") Standard Terms and Conditions ("Terms and Conditions").  "You" or "Publisher" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency or network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

1.      Program Participation. Participation in the Program is subject to The Dance App Terms & Condition as set forth in this agreement. By signing up for this subscription, you agree that you are the person authorized to use the account associated with the subscription purchase. Your account will be billed each month for $4.99 USD and you will be given access to the content of this application. If using your iTunes account to register, you will NOT have access to the same content on any other device other than your iPhone or iPad. Specifically, you cannot use your iTunes account to sign up for content on an Android device, PC, or any other computer. Likewise, if you sign up using your a credit card, PayPal, or Google Checkout, you may or may not have access to the content on an iPhone, iPad, PC, or any other computer. If you are signing up via Computer with your credit card, PayPal, or Google Checkout, you may or may not have access to this content on your iPhone, iPad, or Android device.

2.      Prohibited Uses. You shall not steal or use the choreography in any matter other than home use. You may not perform the choreography in this app publicly or broadcast it without the expressed written consent of the Kevin Andrews Industries LLC.

3.      Termination; Cancelation. You MUST cancel your subscription through the method that you signed up. iTunes customers must cancel via their iTunes account. Android and Computer customers must cancel their accounts via Credit Card, PayPal, or Google Checkout via whichever method was initially used to sign up with.

4.      Confidentiality. You agree not to teach these dances to anyone or in any capacity for a profit unless you have the expressed written consent of Kevin Andrews Industries LLC.

5.      No Guarantee. The Dance App and Kevin Andrews Industries LLC makes no guarantee as to how many dances will be posted each month. Likewise, we cannot compensate for our website failure or your inability to access content via your application or computer. You MUST let us know as soon as possible if you are unable to access our content via email support@thedanceapp.com

6.      No Warranty. The Dance App MAKES NO WARRANTY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ADVERTISING, LINKS, SEARCH, REFERRALS, AND OTHER SERVICES, AND EXPRESSLY DISCLAIMS THE WARRANTIES OR CONDITIONS OF NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE. TO THE EXTENT ADS, LINKS, AND SEARCH RESULTS ARE BASED ON OR DISPLAYED IN CONNECTION WITH NON-The Dance App CONTENT, Kevin Andrews Industries LLC SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH THE DISPLAY OF SUCH ADS, LINKS, AND SEARCH RESULTS.

7.  Limitations of Liability; Force Majeure. You agree not to hold Kevin Andrews Industries LLC, The Dance App, or any other instructor liable for any injuries obtained while using our videos. Please consult a doctor before any physical activity. NEVER do more exercise, dancing than you can handle. NEVER do any stunts that you cannot perform or not qualified to perform. Always dance and perform stunts under the supervision of an adult. Our videos are for entertainment purposes only.

8.  Payments. Your account will be billed each month for a price of $4.99 USD.

9.  Representations and Warranties. This app contains no warranties, expressed or implied.

15.  Your Obligation to Indemnify. You agree to indemnify, defend and hold The Dance App or Kevin Andrews Industries LLC, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant advertisers, syndication partners, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program, the Property(ies), and/or Your breach of any term of this Agreement.

15.  The Dance App Rights. You acknowledge that The Dance App and Kevin Andrews Industries LLC owns all right, title and interest, including without limitation all Intellectual Property Rights to all the choreography and dances portrayed and shown in this application and website.

16.  Miscellaneous. This Agreement shall be governed by the laws of Wisconsin, except for its conflicts of laws principles. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Madison, WI. The parties specifically exclude from application to the Agreement the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. Any modifications to this Agreement must be made in a writing executed by both parties, by Your online acceptance of updated terms, or after Your continued participation in the Program after such terms have been updated by Kevin Andrews Industries LLC. The failure to require performance of any provision shall not affect a party's right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any provision herein is held unenforceable, then such provision will be modified to reflect the parties' intention, and the remaining provisions of this Agreement will remain in full force and effect. You may not resell, assign, or transfer any of Your rights hereunder. Any such attempt may result in termination of this Agreement, without liability to Kevin Andrews Industries LLC. Notwithstanding the foregoing, Kevin Andrews Industries LLC may assign this Agreement to any affiliate at any time without notice. The relationship between Kevin Andrews Industries LLC and You is not one of a legal partnership relationship, but is one of independent contractors.

2012-06-01