1. User's Acknowledgment and Acceptance of Terms and Conditions
This Terms and Conditions Agreement (this “Agreement”) is entered into by and between Turn It Up Dance Challenge, Inc., and you, the User. The terms “Turn it Up,” “Company” “we”, “us” or “our” shall refer to Turn It Up Dance Challenge, Inc. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, accesses the Site, uses your Account, or uses the Services.
This Agreement sets forth the terms and conditions of your use of this website, turnitupdance.com (the “Site”), and the products and services offered by us, or accessed, purchased or made available through the Site (the “Services”). In addition, when using the Services or materials on this Site, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement. Other agreements may apply to certain services and are in addition to this Agreement. In the event of a conflict between the provisions of any agreement entered into by you and Turn it Up and the provisions of this Agreement, the provisions of the applicable agreement shall control.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW.
As used in this Agreement, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. Modification of Site, Agreement, or Services
This Agreement is effective as of the first date you access the Site, use the Services, or enter into an agreement with Turn it Up Dance. We expressly reserve the right to change or modify this Agreement and any policies which are incorporated herein, from time to time, in our sole and absolute discretion, by posting a revised version on the Site. By accessing the Site, you agree to the latest version of this Agreement. You acknowledge and agree that it is your responsibility to review this Site and this Agreement and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Agreement and your consent to abide by and be bound by the modified Agreement.
3. Your Account, Registration Data and Privacy
4. Rules of Conduct; Prohibited Uses
Your use of the Site and Services, including the substance of your communications and content submitted through the Site, is subject to this Agreement any applicable agreement or policy, and all applicable international, national, state, or local laws and regulations. You agree that you will not use the Site or Services, including any communications service, chat room, message board, newsgroup, photo or video platform, software library, or other interactive service that may be available to you on or through this Site, in a manner that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
or
f. impersonates any person or entity, including any of our employees or representatives;
g. violates the publicity or privacy rights of another user or any other person or entity;
h. violates any duty of confidentiality that you owe to another user or any other person or entity;
i. interferes with the operation of this Site or the Services; or
j. will install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software, hardware, Services, or the Site.
In addition, you may not use your Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or Services. Users who violate systems or network security will have their account terminated and may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your Account, or other affiliation with our Site or Services without prior notice to you for violating any of the above provisions.
If your Account shows signs of fraud, abuse or suspicious activity, we may cancel your access to the Site and any account or service associated with your name, email address or Account, and we reserve the right to take any necessary legal action against you for monetary losses to Turn it Up Dance including reasonable attorneys fees and litigation costs.
5. Third Party Sites and Information
This Site and the Services available through this Site may link you to other third-party websites or otherwise include references to information, documents, software, materials and/or services provided by other parties not owned or controlled by Turn it Up Dance. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
You acknowledge that all transactions relating to any merchandise or services offered by any third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH ANY THIRD-PARTY SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
6. Intellectual Property Information
Copyright (c) Turn It Up Dance Challenge, Inc. All Rights Reserved.
For purposes of this Agreement, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content.
By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Turn It Up Dance Challenge, Inc., and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site or the Services, will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site or accessed through the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are trademarks or service marks of DNSimple or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of Turn It Up Dance Challenge, Inc., its Affiliates, or any other entity's trademark or service mark.
7. Unauthorized Use of Materials
8. Disclaimer of Representations and Warranties
ALL MATERIALS AND SERVICES FOUND ON OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B)
THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site or Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Turn It Up Dance Challenge, Inc. spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into this Agreement.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site and Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE ANY TERMINATION OR
EXPIRATION OF THIS AGREEMENT, YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE USE OF THIS SITE, THE SERVICES AVAILABLE THROUGH THE SITE, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT, THE SITE THE SERVICE, YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY WEB SITE LINKED TO OR FROM THE SERVICE, ANY CONTENT CONTAINED THEREIN, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (EVEN IF WE OR ANY THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES) EXCEED ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from (i) your use or misuse of this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement, the policies or agreements which are incorporated herein, or any applicable agreement related to the Services or otherwise; or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. The indemnification obligations set forth herein shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
11. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser or third party. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
12. User Content and Interactions
We may allow users to submit, upload, post, display, transmit, or share content through the Site, including without limitation text, images, audio, video, feedback, comments, and other materials (collectively, “User Content”). User Content may be visible to other users. You are solely responsible for all User Content you provide, including for any claims arising from such User Content (such as infringement, defamation, libel, or slander). You acknowledge and agree that your User Content may be accessible to and viewed by other users.
We do not claim ownership of your User Content (excluding: (a) your user data, which we collect and use in accordance with our Privacy Policy, and (b) content derived from or incorporating our proprietary content, which we own).
By submitting User Content, you grant us and our Affiliates a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, transferable, and sublicensable license to use, host, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content for any purpose, including without limitation for operating, improving, and promoting the Services. No compensation will be paid for such use. We may use any ideas, concepts, know-how, or techniques contained in User Content for any purpose, including developing, manufacturing, and marketing products. We have no obligation to store or maintain any User Content and may remove User Content at any time in our sole discretion.
By submitting User Content, you represent and warrant that: (i) You own or otherwise control all rights necessary to submit the User Content; (ii) the User Content does not violate the rights of any third party or any applicable law; and Our use of the User Content in accordance with this Agreement will not violate any third-party rights or law.
Users under the age of 13 are not permitted to submit User Content. We do not knowingly collect personal information from children under 13, and any such information will be deleted if discovered. If you are at least 13 but under the age of majority in your jurisdiction, you may submit User Content only with permission and supervision from your parent or legal guardian. By allowing a minor to submit User Content, the parent or legal guardian agrees to this Agreement and accepts full responsibility for the minor’s User Content and compliance with this Agreement. We may request proof of age or parental consent and may suspend or terminate access if we believe these requirements are not met.
We do not routinely monitor all User Content. However, we may review, edit, refuse to post, or remove any User Content at any time, in whole or in part, and may suspend or terminate your ability to post User Content, in each case in our sole discretion and without notice.
The Services are provided for entertainment purposes only. You are prohibited from gambling or wagering on the outcome of any feature or event available through the Services. Violations may result in immediate termination of your access without refund.
If we become aware of User Content we believe violates this Agreement, is unlawful, harassing, obscene, offensive, or otherwise objectionable, we may take any action we deem appropriate, including removing content or terminating access. We may also initiate or assist in legal action.
If you believe any User Content violates this Agreement or may cause harm, please contact us at info@turnitupdance.com
Reporting content does not obligate us to take any particular action.
13. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative, and at their own risk, and are responsible for compliance with local laws of the location, if applicable. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
14. Termination of Use
You agree that we may, in our sole and absolute discretion, terminate or suspend your access to all or part of the Site or the Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
15. Governing Law and Arbitration
This Site (excluding any linked Sites) and the Services are controlled by us from our offices within the Commonwealth of Massachusetts, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Massachusetts, by accessing this Site and the Services offered through the Site, both of us agree that the laws Massachusetts, without regard to the conflicts of law principles thereof or the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site, the Services, and the purchase of any products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within Massachusetts with respect to such matters.
Further, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Boston, Massachusetts before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures if the parties agree. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
ANY PROCEEDINGS TO RESOLVE, ARBITRATE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY 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. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
16. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of info@turnitupdance.com, if by email, or at Turn It Up Dance Challenge, Inc., 36 Finnell Drive, Unit 11, Weymouth, MA 02188, Attn: Legal Department, if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may, but need not, broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
17. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this Agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
18. Miscellaneous
You may not assign your rights and obligations under this Agreement to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under this Agreement.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
19. Notice to California Consumers
Under California Civil Code Section 1789.3, California users of the Services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
20. Contact Information
Except as explicitly noted on this Site, the services available through this Site are offered by Turn It Up Dance Challenge, Inc., located at 36 Finnell Drive, Unit 11, Weymouth, MA 02188, . If you notice that any user is violating this Agreement, please contact us at info@turnitupdance.com
