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DanceStudio-Pro Terms & Conditions

SUBSCRIPTION & USAGE MASTER SERVICES AGREEMENT EULA

Dance Studio Pro Subscription Agreement

BEFORE YOU USE THE SOFTWARE SUBJECT TO THIS SUBSCRIPTION AGREEMENT (THE "AGREEMENT"), PLEASE READ THIS DOCUMENT CAREFULLY. THIS IS A LEGAL AGREEMENT BETWEEN STUDIO PRO, LLC ("OUR", "US", "WE", OR "DANCE STUDIO PRO") AND YOU ("YOU", "YOUR" OR "YOURSELF") WHICH GOVERNS YOUR USE OF OUR INTERNET-BASED DANCE STUDIO MANAGEMENT SOFTWARE SERVICE. YOU MAY ONLY USE THIS SOFTWARE FOR ITS INTENDED PURPOSE.

WARNING: DANCE STUDIO PRO (THE "SOFTWARE" OR "SERVICES") IS PROTECTED BY COPYRIGHT LAWS AND INTERNATIONAL COPYRIGHT TREATIES, AS WELL AS OTHER INTELLECTUAL PROPERTY LAWS AND TREATIES. UNAUTHORIZED REPRODUCTION OR DISTRIBUTION OF THE SOFTWARE, OR ANY PORTION OF IT, MAY RESULT IN SEVERE CIVIL AND CRIMINAL PENALTIES, AND WILL BE PROSECUTED TO THE MAXIMUM EXTENT POSSIBLE UNDER THE LAW. THE SOFTWARE IS LICENSED, NOT SOLD.

1. Purchased Services and Payment Terms.
A. For so long as you are a customer of us and paying the monthly fee as required by this Agreement, Dance Studio Pro grants to you a non-exclusive right to use the Services, subject to the restrictions set forth in this Agreement and any other restrictions communicated by us in writing.
B. You shall choose the Services plan to be provided by us under the terms and pricing set forth at https://info.dancestudio-pro.com/pricing.
C. By signing up for the Services, you agree to pay on a monthly basis the fees ("Service Fee") designated for the Service plan selected by you at http://info.dancestudio-pro.com/pricing.
D. Subject to Section 1(g), at the end of each month, your subscription will continue to automatically renew at the fee rate applicable to the Service plan which you have selected, unless terminated by us or until you notify us of your decision to cancel your subscription to the Services.
E. Payments will automatically be processed via the PayPal or Stripe subscription services process. You will be charged in arrears for the Services at the end of each month ("Billing Date"). All payments are final.
F. If we do not receive the full amount of your Service Fee within 15 days of the Billing Date, a late payment charge of 1.5% per month may be added to your bill and immediately become due and payable.
G. You agree to pay us all reasonable attorney fees and costs incurred by us to collect any past due amounts. Your account will be deactivated without further notice if payment is past due, regardless of the dollar amount. You agree to pay any outstanding balance in full within 30 days of cancellation or termination of the Services.
H. We may amend the fees at any time with thirty (30) days written notice to you.

2. Service Implementation and Registration.
A. You agree to use the Services only through your website or software application (the "Site") and we reserve approval authority as to the implementation and use of the Services on the Site. We may suspend the Services in the event we find any implementation issues with the Site. Such suspension shall remain in effect until you correct any issues specified by Dance Studio Pro and a suspension shall not relieve you of your payment obligations under the Agreement.
B. You agree to provide us with current, complete and accurate registration information for the Services and to maintain and properly update such information ("Registration Data"). If you are using the Services to conduct credit card transactions through the Site, you shall set up and maintain an account that is capable of receiving funds through a credit card account ("Card Account").
C. You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process (such information being the "Registration Data"). You further agree that, in providing such Registration Data, you will not knowingly omit or misrepresent any material facts or information and that you will promptly enter corrected or updated Registration Data via the Service, or otherwise advise us promptly in writing of any such changes or updates. You further consent and authorize us to verify your Registration Data as required for your use of and access to the Service. Once you subscribe to the Service, you shall receive a unique user ID and password in connection with your account (collectively referred to herein as "IDs"). You agree that you will not allow another person to use your IDs to access and use the Service under any circumstances. You are solely and entirely responsible for maintaining the confidentiality of your IDs and for any charges, damages, liabilities or losses incurred or suffered as a result of you failure to do so. We are not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Service using your IDs. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account including any charges incurred relating to the Service. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you. You acknowledge that the complete privacy of your data and messages transmitted while using the Service cannot be guaranteed.

3. Service Use and Limitations.
A. We will make reasonable efforts to keep the Services operational 24 hours a day/7 days a week, except for: (i) planned downtime (of which we will provide at least 8 hours prior notice); or (ii) any unavailability caused by circumstances beyond our control, including but not limited to, acts of God, acts of government, flood, fire, earthquakes, civil unrest, acts of terror, strikes or other labor problems or Internet service provider failures or delays.
B. We will be sending information to your payment gateway service provider; however, we make no representation as to the availability of your payment gateway service provider and are not responsible for any downtime or system outage of your payment gateway service provider.
C. Dance Studio Pro is a dance studio management software service. You acknowledge and agree that: (i) We will not be processing payment transaction on your or your customer\.s behalf; (ii) We are not a bank or other chartered depository institution; and (iii) We will not be holding any monies for you or your customers. Accordingly, you agree that we will not be responsible or liable for any amounts related to any credit-card or online payment transaction.

4. Ownership.
Subject to the limited rights expressly granted hereunder, we reserve all rights, title and interest in and to the Services, including all related intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein. You agree not to reverse-engineer, reproduce, duplicate, copy, sell, resell, probe or exploit any portion of the Services, use of the Services or access to the Services without the express written consent of us. The look and feel of the Services is copyright © 2009-2017 STUDIO PRO, LLC. All rights reserved. You may not duplicate, copy or reuse any portion of the visual design elements without the express written consent of us.

5. Termination.
You may terminate this Agreement at any time by notifying us. We may terminate this Agreement, at any time, without notice to you, if it believes, in its sole judgment, that you have breached or may breach any term or condition of this Agreement. You agree that termination of this Agreement will not relive you of any obligation to pay any accrued charges. You shall be charged the full amount of the fee for the month in which the Services were terminated. All sections which by their nature should survive the expiration or termination of the Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.

6. Limitation of Liability.
EXCEPT FOR THE INDEMNIFICATION OBLIGATIONS OF THE PARTIES SET OUT HEREIN, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY ON ACCOUNT OF ANY CLAIM (WHETHER BASED UPON PRINCIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE) FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE INDEMNIFICATION AND CONFIDENTIALITY OBLIGATIONS OF THE PARTIES SET OUT HEREIN, IN NO EVENT SHALL EITHER PARTY'S LIABILITY EXCEED AN AMOUNT EQUAL TO THE FEES PAID BY LICENSEE UNDER THIS AGREEMENT. IF YOU ARE DISSATISFIED WITH THE SOFTWARE YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SOFTWARE.

7. Warranty.
WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SERVICES, SUPPORT SERVICES OR ACCURACY, COMPLETENESS, OR SUITABILITY OF ANY OF THE MATERIAL CONTAINED WITHIN THE SERVICES AND WE MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR COMPATIBLE WITH ANY HARDWARE OR SYSTEMS SOFTWARE CONFIGURATION.

8. Confidentiality.
You acknowledges that Confidential Information (as hereinafter defined) is a valuable, special, and unique asset of Dance Studio Pro and agree that you will not disclose, transfer, or use (or seek to induce others to disclose, transfer, or use) any Confidential Information for any purpose other than disclosure to Your authorized employees and agents who are bound to maintain the confidentiality of the Confidential Information. You shall notify Dance Studio Pro in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. You shall return all originals and copies of materials containing Confidential Information upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" means any and all of Dance Studio Pro\.s trade secrets, confidential and proprietary information and all other information and data of Dance Studio Pro that is not generally known to the public or other third parties who could derive economic value from its use or disclosure, including, but not limited to, the Software. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

9. Indemnification.
You agree to defend, indemnify and hold us harmless from and against any and all liability, loss or damage, cost or expense, including but not limited to court costs, attorney fees, and any awards or damages caused by, relating to or incident to: (a) your use of the Services; (b) the Site; (c) claims by your customers or payment gateway service provider; or (d) the products and/or services offered through the Site.

10. Governing Law.
This Agreement will be governed and construed in accordance with the laws of the State of Alabama without regard to its rules governing conflicts of law. Exclusive jurisdiction for any dispute with Dance Studio Pro, or in any way relating to this Agreement, resides in the courts of the State of Alabama and Licensee submits to the personal jurisdiction of, and venue in, such court(s).

11. Messaging Services.
By accessing or using the messaging component of the Services (via mobile application(s) and/or other online applications, including to the Dance Studio Pro website via mobile and/or via a mobile-optimized version of the website), whether automated or otherwise, you agree to be bound by this Agreement and to the collection and use of your information as set forth in our Privacy Policy, and any additional terms and conditions that are referenced below or otherwise may apply to, on or through, the Services. For the avoidance of doubt, this Agreement applies to all Dance Studio Pro customers, users, customer members or guests, participants, parents and others who use or access the Services (all of the foregoing, collectively “Users”). Even if you are not a paying customer of Dance Studio Pro pursuant to section 1 of this Agreement, all other sections of this Agreement apply to you.
 
A. Rules of Conduct
There are rules of conduct that all Users are required to follow when using the Services. You must not:
  • ‘harvest,’ ‘scrape’ or collect information from the Services using an automated software tool or manually on a mass basis (unless we have given you separate written permission to do so). This includes, for example, information about other users of the Services and information about the products and services available on or through the Services.
  • use unauthorized automated means to access the Services, or otherwise gain unauthorized access to the Services or to any account or computer system connected to the Services.
  • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you.
  • “flood” the Services with requests or otherwise overburden, disrupt or harm the Services or its systems (e.g., perform a Denial of Service attack).
  • circumvent or reverse engineer any part of the Services or its systems that is not intended to be “open source” or any other similar open architecture.
  • restrict or inhibit another User or Users from using the Services.
  • manipulate or forge identifiers in order to disguise the origin of any information posted on the Services or otherwise provided to us or our employees, representatives or agents.
  • impersonate any person, including, but not limited to, other users and contributors or our employees, representatives or agents.
  • engage in or promote spamming or other unsolicited communications.
  • provide inaccurate, misleading or false information to us.
  • post any content or take any action that may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, any other person or any animal.
  • post any content or take any action that seeks to harm or exploit children by exposing them to inappropriate content or behavior, asking for personally identifiable details or otherwise.
  • post any content or take any action that is fraudulent, vulgar, obscene, unlawful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, high-pressure sales tactics, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise harmful (to Dance Studio Pro or any Users).
  • post any content that contains any information that you know is not correct or current.
  • post any content or take any action that encourages criminal conduct.
  • post any content or take any action that contains any information (such as inside, proprietary or confidential information) that you do not have a right to make available due to contract, fiduciary duty or operation of law.
  • post any content or take any action that advertises or solicits business for products or services other than those that are offered and promoted on the Services.
  • post any content or take any action that contains or distributes any virus, malware, spyware or other malicious or harmful content or code.
  • post any content or take any other action that violates any law, rule or regulation, or contains any information or content that is illegal.
  • engage in any fraudulent activities including in connection with terror or money laundering activity, or any other activity which violates any policy of Dance Studio Pro (including this Agreement) or third-party payment processors, if any.
  • engage in tactics, or direct or encourage others, to attempt to bypass the Services or Dance Studio Pro’s systems in order to avoid complying with any applicable policy of Dance Studio Pro (including this Agreement), paying applicable fees, or complying with other contractual obligations (if any).
  • export, re-export, or permit downloading of any content in violation of any export or import law, regulation, or restriction of the United States and its agencies or authorities, or without all required approvals, licenses, or exemptions.
You also must comply with all applicable laws and contractual obligations when you use the Services. You agree that you are not (i) located in, under the control of, or a national or resident of any country (a) subject to a United States (“U.S.”) government embargo, (b) that the U.S. government has identified as a “Specially Designated National” or “terrorist supporting” country or (c) on the U.S. Commerce Department’s Table of Deny Orders, or (ii) listed on any U.S. government list of prohibited or restricted parties. Membership in, and use of, the Services is void where prohibited.
 
B. Ownership of Services Content and Submissions
We or our licensors or partners own the intellectual property rights in the content and materials displayed on the Services (“Services Content”). Each User is a licensor with respect to any audiovisual material contributed by such User. You may use the Services (including any Services Content) for your own personal, non-commercial use, but you may not use it for commercial purposes except as expressly permitted by Dance Studio Pro for our paying customers. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any Services Content unless explicitly authorized in this Agreement or by the owner of the materials.
 
When you submit or post any materials or content to the Services, you grant us a non-exclusive, royalty free, perpetual, irrevocable, transferrable, assignable, sub-licensable, worldwide license to use such materials and content, including alterations thereof, in any form or media, and via any technology we choose, whether it exists now or is created in the future. You represent that (i) any materials and content posted or otherwise submitted by you to the Services is original to you and that you have the right to grant us these rights, (ii) the posting and use of your materials and content on or through the Services does not violate, misappropriate or infringe on the rights of any third-party, including, without limitation, privacy rights, rights of publicity, copyrights, trademark and/or other intellectual property rights, and (iii) such posts and the content contained therein abide by the Rules of Conduct set forth in this Agreement.
 
You may choose, or we may invite you, to submit comments or ideas about the Services and our other products and services, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Dance Studio Pro under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your Idea, Dance Studio Pro does not waive any rights to use similar or related ideas previously known to Dance Studio Pro, developed by its employees, or obtained from sources other than you.
 
C. Responsibility for Messages, Public Postings and Content
Responsibility for what is posted in public areas of the Services lies with each User – you alone are responsible for the material you post or otherwise make available in public areas of the Services. This includes messages between or to other Users. You alone are responsible for assessing the credibility of other User postings. We do not control the material that you or others may post or otherwise make available in such areas, and you understand that we have no obligation to monitor any such material or to edit or delete it. However, we reserve the right to do so. We are not a publisher of user posts and we are not responsible for their accuracy or legality.
 
You also understand and agree that any action or inaction by us or any of our directors, officers, members, employees, consultants, agents or representatives (collectively, “Our Representatives”) to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential Agreement violation is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representatives shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of this Agreement.
 
Although Our Representatives may moderate content, conduct and Agreement compliance on the Services at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will resolve any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Agreement violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Agreement violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorized to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Agreement violation.
 
D. Registration and Log In / Authentication
To access certain features or areas of the Services, you may be required to provide personal and/or demographic information as part of a registration or log-in process (including through authentication provided by third parties).
 
You agree to provide true, accurate, current and complete information about yourself if and as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up-to-date (this includes your contact information if requested, so that we can reliably contact you). Failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for us to suspend or terminate your account and refuse you service in the future. The information you submit must describe you (you may not impersonate another person or entity), and you may not sell, share or otherwise transfer your account information.
 
You are responsible for all activity occurring when the Services is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the access to whichever means of authentication you use. We are not liable for any loss or damage arising from your failure to protect your account access authentication.
 
E. Downloading from Third-Party “App Stores”
Without limiting anything herein or contained in any additional terms you may agree to, you agree that by using or accepting a Services downloaded through any third-party App Store or similar mobile application retail portal (an “App Store”), you agree to be bound by the terms and conditions in this section. You acknowledge and agree that (i) the Agreement is concluded between you and Dance Studio Pro only, and not with any third party, and (ii) Dance Studio Pro, not the third party, is solely responsible for the any of our mobile applications and content thereof. Your use of any of our mobile applications must comply with the App Store Terms of Service.
 
You acknowledge that the third party has no obligation whatsoever to furnish any maintenance and support services with respect to any of our mobile applications. In the event of any failure of any of our mobile applications to conform to any applicable warranty, you may notify the third party, and the third party will refund the purchase price, if any, for any of our mobile applications to you and to the maximum extent permitted by applicable law, the third party will have no other warranty obligation whatsoever with respect to any of our mobile applications. As between Dance Studio Pro and the third party, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Dance Studio Pro.
 
You acknowledge that, as between Dance Studio Pro and the third party, the third party is not responsible for addressing any claims you have or any claims of any other party relating to any of our mobile applications or your possession and use of any of our mobile applications, including, but not limited to: (i) product liability claims; (ii) any claim that any of our mobile applications fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any other party’s claim that any of our mobile applications or your possession and use of any of our mobile applications infringes that other party’s intellectual property rights, as between Dance Studio Pro and the third party, Dance Studio Pro, not the third party, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
 
You acknowledge and agree that the third party and the third party’s subsidiaries are beneficiaries of this Agreement as related to your license of any of our mobile applications, and that, upon your acceptance of the terms and conditions of this Agreement, the third party will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of any of our mobile applications against you as a third-party beneficiary thereof. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using any of our mobile applications.
 
F. Electronic Communications
The communications between you and us via the Services use electronic means, whether you visit the Services or send us an email, or whether we post notices on the Services or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
 
G. Copyright Infringement Notices
If you are a copyright owner who believes in good faith that your copyrighted material has been reproduced, posted or distributed on the Services in a manner that constitutes copyright infringement, please inform our designated copyright agent by sending written notice in accordance with the requirements set out below. We have a policy of terminating the Services usage privileges of users who are infringers of intellectual property rights.
 
If you believe that there has been a copyright violation of your work, please provide our copyright agent with the following information:
  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrights works at a single online site are covered by a single notification, a representative list of such works at that site;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  • Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an email address at which you may be contacted; and
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our copyright agent for notice of claims of copyright infringement can be reached as follows:
Studio Pro, LLC
Attention: TW Legal Department
2 Ravinia Drive, Suite 500, Atlanta, GA 30346
 
If you believe that the posted content has been removed from the Services in error, please provide the our copyright agent with the following information:
  • Your physical or electronic signature;
  • Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
  • Your name, address, telephone number and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification or their agent.
H. Changes to the Services
We reserve the right to make changes to, or to suspend or discontinue (temporarily or permanently), the Services or any portion of the Services. You agree that we will not be liable to you or to any third party for any such modification, suspension or discontinuance.
 
I. Suspension or Termination of Access
We have the right to deny access to, and to suspend or terminate your access to, the Services, or to any features or portions of the Services, and to remove and discard any content or materials you have submitted to the Services, at any time and for any reason, including for any violation by you of this Agreement (including the Rules of Conduct). If we suspend or terminate your access to and/or use of the Services, you will continue to be bound by the Agreement that were in effect as of the date of your suspension or termination.
 
J. Jurisdictional Issues
We control and operate the Services from our facilities in the United States of America and, unless otherwise specified, the materials displayed on the Services are presented solely for the purpose of promoting products and services available in the United States, its territories, possessions and protectorates. We do not represent that materials on the Services are appropriate or available for use in other locations. If you choose to access the Services from other locations, you are responsible for compliance with local laws, if and to the extent local laws are applicable.
 
K. Further Limitations of Liability
IN ADDITION TO THE LIMITATIONS SET FORTH IN SECTION 6 ABOVE, IF YOU ARE A USER OF THE SERVICES WHO HAS NOT PAID DANCE STUDIO PRO ANY FEES FOR SUCH USE, YOU AGREE THAT OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OF ANY OF OUR OR THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO THE USE OF THE SERVICES, WILL NOT EXCEED $100. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, REPRESENTATIVES, AGENTS OR CONTENT OR SERVICE PROVIDERS, IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.
 

12. Miscellaneous.
This Agreement, the web site policies associated with our site through which the Software is accessed and all applicable forms constitute the entire agreement between the parties relating to the Software and supersede all prior or contemporaneous oral or written communications with respect to its subject matter. No modification to this Agreement will be binding, unless in writing and signed by a duly authorized representative of the parties. The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have the power to obligate or bind the other party. The waiver of any breach of this Agreement by either party shall not constitute a continuing waiver or a waiver of any subsequent breach of this Agreement. If any term or provision of this Agreement shall be held invalid or unenforceable, the remainder of this Agreement will not be affected and each such term or provision of this Agreement shall continue to be valid, binding and enforceable to the fullest extent permitted by law. Nothing in this Agreement shall prohibit Dance Studio Pro from furnishing the Service to others, including competitors of you.

 

PRIVACY POLICY

Last updated: January 31, 2018

Privacy Policy Highlights

This is an easily readable summary of our privacy policy.

Scope

This Privacy Policy applies to any DanceStudio-Pro device, website or online application that refers to or links to the Privacy Policy (collectively, our “Services”). The Privacy Policy applies regardless of whether you use a computer, mobile phone, tablet, TV, or other device to access our Services.

Information We Collect

We collect various types of information in connection with the Services, including:

  • The information that you give us.
  • Information on how you use the system to help us better optimize the solution

Information We Share

We use the information we collect (and may combine it with other information about you) to, among other things:

We may use the information we collect to:

  • Provide the Services you request.
  • Provide customized content for you.
  • Understand the way you use the Services so that we can improve your experience

We may share your information with:

  • Strategic business partners that have signed Non-Disclosure agreements. Examples include our investors, attorneys and security advisors.
  • Service partners that provide services on our behalf. Examples could be Stripe or PayPal to process your payments or Twilio to send text messages.
  • Law enforcement—when we are required to do so or to protect DanceStudio-Pro and its users.

We are committed to keeping your e-mail address confidential. We do not sell, rent, or lease our customer lists to third parties unless compelled to do so by law. Furthermore, we do not store or save any credit card or banking information in our systems. All financial information, included credit card numbers and bank account numbers, is stored by the merchant processor in PCI compliant facilities.

The Full Privacy Policy

 

Information We Collect

We may collect information about you whenever you use the DanceStudio-Pro Services, for example:

  • When you create an account on the DanceStudio-Pro App, we may ask for Personal Information such as your name, email, mailing address and other information you may provide with your account. You can edit certain information in your account by going to More > Settings in the DanceStudio-Pro App.
  • If you’re a customer of one of our Subscribers, we collect information about you when you interact with their business through the DanceStudio-Pro Services. For example, if you initiate a transaction with the Subscriber through the Service, such as an appointment or purchase, we may collect information about you, such as your name, email, as well as any other information you provide in order to process the transaction.
  • If you’re a Subscriber, we collect information about your business that is submitted to the DanceStudio-Pro Services under your account. When you sign up for our Software Service, we ask for your company name, address, phone number, email, and other information about your business, as well as names and email addresses of authorized individuals on your account. We also collect Personal Information about your customers that they provide to the DanceStudio-Pro Services when they initiate a transaction with you, such as an appointment or purchase.
  • We may store information that your computer or mobile device provides to us in connection with your use of the DanceStudio-Pro Services, such as type of computer or mobile device, unique device identifier, IP Address, MAC address, device’s operating system and physical location (including geolocation, beacon based location, and GPS location).  We may also store usage data such as the date and time the application on your device accesses our servers, and what information and files have been downloaded to the application based on your device number.
  • We may deploy and read identifiers (generally, strings of code) that we have associated with a browser, and we may collect mobile identifiers such as Apple IDFAs or Google Android Ad IDs. We use this information for PUSH notifications and tracking who is accessing the DanceStudio-Pro system.

How We May Use Your Personal Information

We may use your Personal Information:

  • To respond to your inquiries and fulfill your requests.
  • To send administrative information to you, for example, information regarding our services and changes to our terms, conditions, and policies.
  • To complete and fulfill your purchase or class registration, for example, to process your payments, communicate with you regarding your purchase and provide you with related customer service.
  • To personalize your experience on the DanceStudio-Pro Services.
  • Our mobile applications may also send push notifications to your mobile device. If you have previously consented to receiving push notifications and no longer wish to receive them, you can also turn push notifications off at the device level. The applications may also request access to your device’s calendar application, camera, and microphone. If you have previously allowed access to your device’s calendar and no longer wish to allow access, you may edit the application settings at the device level.
  • For our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products and services, enhancing, improving or modifying our products and services and identifying usage trends.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

How We May Disclose Your Personal Information

We may disclose your Personal Information:

  • To our strategic business partners and third-party service providers who provide services such as data analysis, payment processing services, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, credit card processing, auditing and other similar services.
  • To our Subscribers if you are an End User and are using our DanceStudio-Pro Services to interact with that Subscriber. Please contact the Subscriber you interact with directly for more information on that Subscriber’s privacy practices.
  • By you, on message boards, chat, profile pages and blogs and other services to which you are able to post information and materials, including as described in the sections below titled “Testimonials and Ratings and Reviews.”
  • For legal purposes described in the section below titled “Legal Disclosure.”

California, USA Privacy Rights: Notice to California, USA Customers and Opt-Out Information

California’s “Shine the Light” law, Civil Code section 1798.83, requires certain businesses to respond to requests from California customers asking about businesses’ practices related to disclosing personal information to third parties for the third parties’ direct marketing purposes. Alternatively, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties’ direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. If you wish to opt-out of our sharing of your information with third parties for the third parties’ direct marketing purposes offline, please follow the instructions in the Your Choices section, immediately below.

Your Choices

If you would like to access, review, correct, update, suppress, or remove Personal Information that has been previously provided by you, you may contact us by logging into your account and making the appropriate changes or by emailing our customer support at support@dancestudio-pro.com.

In your request, please make clear what Personal Information you would like to have changed or removed from our database. For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).  There may also be residual information that will remain within our databases and other records, which will not be removed.

If you are under 18 years of age and a user of the DanceStudio-Pro Services, you may ask us to remove content or information that you have posted to the Service by submitting a request to support@dancestudio-pro.com. Please note that your request does not ensure complete or comprehensive removal of the content or information.

If you are a customer of one of our Subscribers and would no longer like to be contacted by one of our Subscribers, or would like to access, correct, amend, or delete inaccurate Personal Information held by a Subscriber, you must contact the Subscriber directly.

Tracking

We and our third party service providers may collect Other Information in a variety of ways.  We and/or our third party partners may employ various tracking technologies, such as cookies, web beacons and analytics software, that help us better manage content on the DanceStudio-Pro Services by informing us what content is effective.

Cookies

When you visit our website or otherwise interact with the DanceStudio-Pro Services we (or third party data we work with) may send one or more cookies to your computer or other devices. “Cookies” are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your web experience. Some cookies may facilitate additional site features for enhanced performance and functionality such as remembering preferences, analyzing usage for site optimization, providing custom content, and serving images or videos from third party websites. Some features on this site will not function if you do not allow cookies. We may link the information we store in cookies to any Personal Information you submit while on our site.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. Persistent cookies enable us to track and target the interest of our users to enhance the experience on our site. If you do not want information collected through the use of cookies, there is a simple procedure in most browsers that allows you to automatically decline cookies, or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a particular site.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/.  If you reject cookies, you may still use our site, but some features on the site will not function properly.

Functional cookies, persistent and session type, store information to enable core site functionality, such as Account ID remembrance.

Analytics cookies allow us to count page visits and traffic sources so we can measure and improve the performance of our site.

Web Beacons

We (or third party data we work with) may use Web Beacons alone or in conjunction with cookies to compile information about our DanceStudio-Pro Services, or Other Information we or they have collected. “Web Beacons” (also known as pixel tags) are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allow checking that a user has viewed the page or email. Web Beacons may be used within the DanceStudio-Pro Services to track email open rates, web page visits or form submissions. In some cases, we tie the information gathered by Web Beacons to our Subscribers’ and End Users’ Personal Information. For example, we use clear gifs in our HTML-based emails to let us know which emails have been opened by recipients. This allows us to gauge the effectiveness of certain communications.

Flash and HTML5 Storage

We use Local Shared Objects, such as Flash cookies, AND/OR Local Storage, such as HTML5, to store content information and preferences. Third parties with whom we partner to provide certain features on our website or to display advertising based upon your web browsing activity also use Flash cookies or HTML5 to collect and store information. Various browsers may offer their own management tools for removing HTML5..

Do Not Track Signals

At this time we do not respond to browser ‘do not track’ signals.

Analytics Software

We and our third party tracking-utility partners use log files on the DanceStudio-Pro Services to gather certain information automatically and store it for analytical purposes. This information includes internet protocol (“IP”) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.  We use Google Analytics, which uses cookies and other, similar technologies to collect and analyze information about use of the DanceStudio-Pro Services and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

We use this information to track and aggregate Other Information to analyze trends, administer the site, track users’ movements around the DanceStudio-Pro Services and to gather demographic information about our user base in the aggregate.

Reviews

Our Website offers privately accessible reviews. Please keep in mind that if you directly disclose Personal Information through DanceStudio-Pro reviews, this information may be collected and used by others. To request removal of your Personal Information from a review, contact us at support@dancestudio-pro.com. If another user posts your review on a public forum such as FaceBook, we will not be able to remove that review from the external site.

Legal Disclosure

We reserve the right to disclose Personal Information that we believe to be necessary or appropriate in the following circumstances:

  • As required by law, including laws outside your country of residence, such as to comply with a subpoena, or similar legal process.
  • When we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request including a request from authorities outside your country of residence.
  • To enforce our terms and conditions.
  • To allow us to pursue available remedies or limit the damage we may sustain.
  • If DanceStudio-Pro is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice within the software and/or on our Website of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information.

Links To Other Websites

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including our Subscribers and any third party operating any Third Party Offering, site or other products and services used in connection with the DanceStudio-Pro Services.  The inclusion of a link does not imply endorsement of the linked site or service by us or by our affiliates.

Please note that we are not responsible for the collection, usage and disclosure policies and practices (including the data security practices) of other organizations, such as Facebook, Apple, Google, Microsoft, RIM or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer, including any Personal Information you disclose to other organizations through or in connection with the DanceStudio-Pro Services.

Data Retention

We will retain your Personal Information for as long as needed to provide the applicable DanceStudio-Pro Services you use, unless a longer retention period is required or permitted by law.

Data Security

The security of Personal Information is a high priority at DanceStudio-Pro. We maintain our DanceStudio-Pro Services and all associated data with technical, administrative and physical safeguards to protect against loss, unauthorized access, destruction, misuse, modification and improper disclosure. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have any questions about the security of your interaction with us (if, for example, you feel that the security of any account you might have with us has been compromised), you can contact us at support@dancestudio-pro.com.

Use of Service By Minors

The DanceStudio-Pro Services are not directed or targeted at children under the age of eighteen (18), and we request that they do not provide Personal Information through the DanceStudio-Pro Services.

International Data Transfer

The DanceStudio-Pro Services are controlled and operated by us from the United States, and is not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.  Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the DanceStudio-Pro Services you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have different data protection rules than those of your country.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g. information related to racial or ethnic origin, political opinions, religion or other beliefs, biometrics or genetic characteristics, trade union membership or criminal background) on or through the DanceStudio-Pro Services or otherwise to us.

Changes to Our Privacy Policy

DanceStudio-Pro may, in our sole discretion, make changes to this Privacy Policy from time to time.  Any changes we make will become effective when we post a modified version of the Privacy Policy to https://www.DanceStudio-Pro.com/privacy/. If we make any material changes to the Privacy Policy, we may also notify you by posting notice on the Website or within the applicable DanceStudio-Pro Services, or by sending you an email. If you continue using the DanceStudio-Pro Services after any notice of any such changes, it means you have accepted them. If you do not agree to any changes, you must stop using the DanceStudio-Pro Services, as applicable. It is your obligation to ensure that you read, understand and agree to the latest version of The Privacy Policy. The “Last Updated” legend at the top of the Privacy Policy indicates when it was last updated.

Contact Us

If you have any questions regarding this Privacy Policy you can contact us via email at support@dancestudio-pro.com.