Terms of Service are intended to make user aware of their legal rights and responsibilities with respect to their access to and use of the DancerApp whether website or any related mobile application or software including but not limited to delivery of information via the website whether existing now or in the future.
Terms of Service are effective for all existing and future Dancerapp users.
Please read the terms of services carefully. By accessing or using the DancerApp Platform (application), the user is agreeing to the Terms of service and concluding a legally binding contract with DancerApp. User may not use the Services if they do not accept the Terms of service or are unable to be bound by the Terms. User’s use of the DancerApp Platform is at his own risk, including the risk that he might be exposed to the content that is objectionable, or otherwise inappropriate.
In order to use the Services, user must first agree to the Terms of service. User can accept the Terms of service by:
- Clicking to accept or agree to the Terms of Service, where it is made available to them by DancerApp in the user interface.
- We”, “Our”, and “Us” shall mean and refer to the Platform/application/website as the context so requires
- “User” or “You” or “Your” refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures or videos.
- Professional User/Teacher/Trainers” shall mean a professional dancer or dance teacher, who is providing dance lessons for a fee or for free through the our Platform, which may be may or may not be certified by us or any institutions.
- Third Parties” refer to any Application, company or individual apart from the User and the creator of this Platform.
- “Content” will include (but not limited to) images, audio, video, location data, nearby places, and all other forms of information or data. “User Content” or “Your content” means the content that a user uploads, share through or in connection with the Services, such as comments, images, videos, urls/links, messages, profile information and any other material that a user publicly displays or is displayed in user’s account profile. DancerApp content means the content that DancerApp creates and make available in connection with the Services including, but not limited to, interactive features, graphics, designs, compilations, computer codes, products, software, reports and other usage-related data in connection with activities associated with user’s account and all other elements and components of the Services excluding Your Content and Third Party Content. “Third Party Content” means content that comes from parties other than DancerApp or its users and is available on the services.
Services being offered By DancerApp
- You acknowledge and agree that the form and nature of the Services which DancerApp provides, may require effecting certain changes in it, therefore, DancerApp reserves the right to suspend/cancel, or discontinue any or all the products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained without any prior notice.
- You acknowledge and agree that if DancerApp disables access to your account, you may be prevented from accessing the Services, your account details or any other content, which is contained in your account.
- By using our Services you agree to the following:
- The Content on these Services is for informational purposes only. DancerApp disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated.
- DancerApp reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Unless stated otherwise, all pictures and information contained on these Services are believed to be owned by or licensed to DancerApp. Please email a takedown request (by sending an email) to the webmaster if you are the copyright owner of any Content on these Services and you think the use of the above material violates Your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown here have been digitized by DancerApp. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of DancerApp.
- DancerApp reserves the right to charge subscription and/or membership fees from a user, by giving reasonable prior notice, in respect of any product, service or any other aspect of the DancerApp anytime in future.
- We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services. Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
- DancerApp may from time to time introduce referral and/or incentive based programs for its users. These Program(s) maybe governed by their respective terms and conditions. By participating in the Program, Users are bound by the Program terms and conditions as well as the Dancerapp Platform terms. Further, Dancerapp reserves the right to terminate/suspend the User’s account and/or credits / points earned and/or participation of the User in the Program if Dancerapp determines in its sole discretion that the User has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Dancerapp terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Dancerapp reserves the right to modify, cancel and discontinue its Program without notice to the User.
- In addition to this local event organizers/users can upload information of events on the platform, this service though currently free, may be charged at any time the DancerApp deems fit to do so. The DancerApp shall also organize contests, and promotional offers to attract Users and for benefit of regular Users.
- The User represents and warrants that they are competent and eligible to enter into legally binding agreements and of 18 years of age and that they have the requisite authority to bind themselves to these Terms in accordance with the Law.
- The User operates the account and avails the services solely for his personal purposes without any ulterior motives or intent to cheat the Platform,r their affiliates.
- The User warrants that all the content in the form of audios/ videos /text/ uploaded by them are their sole creations and the same do not infringe the Intellectual Property rights of any individual or organization.
Changes to the terms
DancerApp may amend or change or update these Terms, from time to time entirely at its own discretion. User shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms of service. Your use of DancerApp after any such amendment or change in the Terms of service shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
Registration/Use of Services
You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
In creating an account, you represent to us that all information provided to us in such process is true, accurate and correct, and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account, then you represent to us that you are the owner. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide.
You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your DancerApp account for any purpose and that you will be liable for such unauthorized access.
By creating an account, you agree to receive certain communications in connection with DancerApp Platform or Services. For example, you might receive comments/messages from other Users or other users may follow the activity you do on your account. You can opt-out or manage your preferences regarding non-essential communications through profile settings.
The Registration and use of the Platform are presently free but charges can be levied on the same any time in future and the same shall be at the sole discretion of the DancerApp. The same shall be notified on the Platform to the Users.
- The Content displayed on the Platform that is created by the DancerApp is subject to copyright and shall not be reused by any party (or a third party) without the prior written consent of the us and the copyright owner.
- Users shall be solely responsible for the authenticity of the content generated on the DancerApp by them in the form of profile information, user experiences, comments, messages, reviews and audio/videos posted by them.
- DancerApp reserves its right to suspend the account of any User for an indefinite period to be decided at the discretion of the Administrator, or to terminate the account of any Customer who is found to have created or shared or submitted any Content in the form of review, comment, message, videos, audios or content or part thereof that is found to be untrue/inaccurate/misleading, offensive or promotes a business not legally permissible under the laws of the land.
- Any objectionable content, comments or reviews posted on the Platform which is offensive towards a religious faith, gender or towards the patriotic spirit of a nation will be taken down immediately by DancerApp after instituting due investigation into the same, but the onus for any repercussions from the same shall lie only with creator of the comment/content and the DancerApp will not be liable for the same in any manner.
- The User shall be solely responsible for making good any financial or legal losses incurred through the creation/sharing/submission of Content or part thereof that is deemed to be untrue/inaccurate/misleading or plagiarized. All the information of the business provided by the customer should be up to date and authentic.
- Registration on the DancerApp is free of cost at present. However, in case of purchase of service(s), the Customer shall pay an amount for the Services availed through DancerApp directly to DancerApp in any of the prescribed modes of Payment Methods
- Debit Card
- Credit Cards
- Net Banking
- Payment wallets like PAYTM/PAYU/PAYPAL/UPI
- Online Payment Gateways.
The User(s) acknowledges that a minimum of one of the above payment methods shall be offered on the Platform. The Users are solely responsible for the genuineness of credentials and payment information provided on Platform and the Platform shall not be liable for any consequences, direct or indirect, resulting from the provision of incorrect or untrue credentials or payment information by any Users.
- The payment is processed through a third-party gateway and the User shall be bound by the third party’s terms and conditions.
- The Prices of the Services displayed on the Platform may be changed at any point of time without prior notice, charges for all other services shall be decided solely at the discretion of DancerApp.
- The final discretion to accept an order for a service placed by a User shall solely vest with DancerApp and DancerApp may choose not to accept the order of certain Users.
- Under no circumstances will payment once made in lieu of seeking the services offered on the Platform be refunded by theus after payment has been processed.
- We reserve the right, at any time and without prior notice, to remove, block, or disable access to any content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our users in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Any review, which is derogatory, defamatory or hateful or in violation of the guidelines and policies and without any substantial evidence may be taken down at our sole discretion.
Third Party Content and Links
- Third party content, including content posted by our users, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content. You further acknowledge and agree that DancerApp is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
You represent that you have read, understood and agreed to our guidelines and policies related to Content.
Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by DancerApp on the Services are subject to change without specific notice to you. In consideration for DancerApp granting you access to and use of the Services, you agree that Dancerapp may place such advertising on the Services.
Part of the site may contain advertising information or promotional material or other material submitted to DancerApp by third parties or Users. Responsibility for ensuring that material submitted for inclusion on the DancerApp Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than DancerApp found on or through the DancerApp Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. DancerApp will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the DancerApp Platform and mobile application.
Disclaimer of Warranties
You acknowledge and agree that the services are provided “as is” and “as available” and that your use of the services shall be at your sole risk. to the fullest extent permitted by applicable law, DancerApp, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them to the fullest extent permitted by applicable law, the DancerApp parties make no warranties or representations that the services have been and will be provided with due skill, care and diligence or about the accuracy or completeness of the services’ content and assume no responsibility for any
- errors, mistakes, or inaccuracies of content,
- personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services,
- Any unauthorized access to or use of our servers and/or any and all personal information stored therein,
- Any interruption or cessation of transmission to or from the services,
- Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party,
- Any loss of your data or content from the services and/or
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the services.
- Any material downloaded or otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
- The DancerApp will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all of your communications and interactions with other users of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from DancerApp or through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by DancerApp, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall the DancerApp parties be liable to you for any damages resulting from any
- Errors, mistakes, or inaccuracies of content,
- Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services including mobile app,
- Any unauthorized access to or use of our servers and/or any and all personal information stored therein,
- Any interruption or cessation of transmission to or from our servers,
- Any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party,
- Any loss of your data or content from the services
- Any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, transmitted, or otherwise made available via the services, whether based on warranty, contract or any other legal theory, and whether or not the DancerApp parties are advised of the possibility of such damages, and/or
- Your failure to keep your password or account details secure and confidential,
- Loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the services. In no event shall the DancerApp parties be liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
You agree to indemnify, defend, and hold harmless the DancerApp Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Intellectual property rights
Unless expressly agreed to in writing, nothing contained herein shall give the Users a right to use any of the Platform’s trade names, trademarks, service marks, logos, domain names, information, questions, answers, solutions, reports, and other distinctive brand features, save according to the provisions of these Terms.
Dispute resolution and jurisdiction
It is expressly agreed to by the Parties hereto that the formation, interpretation, and performance of these Terms and any disputes arising there from will be resolved through a two-step Alternate Dispute Resolution mechanism. It is further agreed to by the Parties that the contents of this Section shall survive even after the termination or expiry of the Terms and/or Policy.
i. Mediation: In case of any dispute between the parties, the Parties will attempt to resolve the same amongst themselves, to the mutual satisfaction of all Parties. In the event that the Parties are unable to reach such an amicable solution within thirty (30) days of one Party communicating the existence of a dispute to any other Party, the dispute will be resolved by arbitration, as detailed herein below;
ii. Arbitration: In the event that the Parties are unable to resolve a dispute by mediation, said dispute will be referred to arbitration by a sole arbitrator to be appointed by the DancerApp, and the award passed by such sole arbitrator will be valid and binding on all Parties. The Parties shall bear their own costs for the proceedings, although the sole arbitrator may, in his/her sole discretion, direct either Party to bear the entire cost of the proceedings.
b. The Parties expressly agree that the Terms, Policy and any other agreements entered into between the Parties are governed by the laws, rules, and regulations of India.
The Parties to the Term hereby mutually agree that Jurisdiction for any claim arising out of the said terms shall lie with the courts in India.
Any and all communication relating to any dispute or grievance experienced by the User may be communicated to us by the User through Email.