Last Updated January 1, 2021
Welcome to Love.Live.Dance
The terms and conditions set forth below ("Terms of Service") are a legal contract between you and Love.Live.Dance, LLC ("Love.Live.Dance") and govern your access to, and use of, the Love.Live.Dance websites, including lovelivedance.com and ballroomchat.com (the "Sites"), and any services purchased from Love.Live.Dance, such as in-person or online lessons, classes, instruction, consultations, or gift cards for such services (collectively, the "Services"). If you do not agree with any of these terms, do not access or otherwise use the Sites, the Services, or any information contained on the Sites. Your use of the Sites and/or the Services shall be deemed to be your agreement to abide by each of the terms set forth below.
Love.Live.Dance may update or revise these Terms of Service without notice at any time. Please review the Sites on a regular basis to obtain timely notice of any revisions. If you continue to use the Sites or the Services after the revisions take effect, you agree to be bound by the revised Terms of Service. You agree that we shall not be liable to you or any third party for any modification of the Terms of Service.
Love.Live.Dance will provide the Sites and the Services, and you may access and use the Sites and Services, in accordance with these Terms of Service. If you purchase Services, those Services may contain additional terms and conditions and information regarding the specific Services that you are purchasing. Unless otherwise expressly set forth in any such additional terms and conditions, those terms and conditions shall be supplemental to these Terms of Service in relation to your use of those Services.
As part of providing the Sites and the Services: (i) Love.Live.Dance may provide certain documents, manuals and information, help documentation, syllabus information, content, logos, graphics and images (together, the “Content”). You acknowledge and agree that Love.Live.Dance may remove all or a part of any Content from the Sites or the Services in its sole discretion.
You shall access the Sites and use the Services exclusively for authorized and legal purposes, consistent with all applicable laws, rules, and regulations of the United States as well as your country of residence. You agree that you will not, and will not permit any other third party to: (a) copy, modify, adapt, alter, translate, display or use the Content, Sites or Services, except as expressly allowed herein or in the applicable documentation; (b) sublicense, lease, rent, loan, distribute, resell, provide access to the Sites or Services on a time-share or service bureau basis, or otherwise transfer the Services, including, as applicable, the Content, documentation, software, associated user interfaces, help resources, and any related technology or services Love.Live.Dance makes available via the Sites or the Services and the internet, and all updates and upgrades thereto, if any, to any third party; (c) reverse engineer, decompile, disassemble, or otherwise derive or determine or attempt to derive or determine the source code (or the underlying ideas, algorithms, structure or organization) of the Sites or the Services; (d) contest or do or aid others in contesting or doing anything which impairs the validity of any proprietary or intellectual property rights, title, or interest of Love.Live.Dance in and to the Sites and Services; (e) obliterate, alter, or remove any proprietary or intellectual property notices from the Contents, Sites or Services in physical or electronic form; (f) use the Sites or Services to interfere with, gain unauthorized access to, or otherwise violate the security of Love.Live.Dance’s or another party’s server, network, network access, personal computer or control devices, software or data, or other system, or to attempt to do any of the foregoing; (g) use the Sites or Services to violate any applicable law, statute, ordinance or regulation; or (h) use the Sites or Services to transmit, publish, or distribute any material or information (1) that contains a computer virus or other code, files, or programs designed to disrupt or interfere with the functioning of the Sites or Services, (2) for which you do not have all necessary rights and licenses, including any material or information that infringes, violates, or misappropriates the intellectual property rights of any third party, or (3) that is or that may reasonably be perceived as being harmful, threatening, offensive, obscene, or otherwise objectionable.
Subject to these Terms and Conditions, Love.Live.Dance grants you a limited, non-exclusive, non-transferable (except as expressly permitted by this Agreement) right to access and to use the Sites and Services for your personal, non-commercial purposes.
Except for the rights set forth in the preceding sentences above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Sites or Services in any manner. Except as stated herein, you acknowledge that you have no right, title or interest in or to the Sites or Services.
Except for the limited use license above, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content, the Sites or the Services in any manner. You shall not distribute the Content or the Services in any manner to any third party.
You may provide Love.Live.Dance with your name, statements, or likeness in photograph, video, or other digital media (“Materials”) during your use of the Services. You irrevocably authorize Love.Live.Dance to edit, alter, copy, exhibit, publish, or distribute the Materials for any lawful purpose, and you waive any right to inspect or approve the finished product wherein your likeness appears and any right to royalties or other compensation arising or related to the use of the Materials. Any credit or other acknowledgment, if any, shall be determined solely by Love.Live.Dance.
Love.Live.Dance reserves the right (but has no obligation) to review your use of the Sites and the Services, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Service and/or otherwise create liability for Love.Live.Dance or any other person. Such action may include without limitation terminating your Account, and/or reporting you to law enforcement authorities.
LOVE.LIVE.DANCE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES WITH REGARD TO ALL CONTENT, THE SITES, OR THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
All rights to use the Sites or Services will continue until or unless terminated by Love.Live.Dance at its sole discretion. Love.Live.Dance reserves the right to terminate access to the Sites or Services for any reason and without notice.
You may be given access to certain password protected areas of the Sites. You are responsible for maintaining the confidentiality of your password, registration data and for any and all activity that occurs under your password. You agree to notify Love.Live.Dance immediately of any unauthorized use of your password or any other breach of security relating to the Sites. You shall not, and shall not attempt to, access any data of another Love.Live.Dance user.
You are responsible for all activities on the Sites using your account, whether authorized or not, and you agree to ensure that any such access will comply with these Terms of Service and any other applicable Love.Live.Dance policies. Under no circumstances will Love.Live.Dance be liable in any way for any data or other content viewed while using the Sites, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.
Services may be payable in advance or arrears as may be further described as part of the Service in question. If you purchase any Service, you are expressly agreeing that Love.Live.Dance is permitted to bill you the applicable fees, any applicable tax and any other charges you may incur with Love.Live.Dance in connection with your purchase (“Charges”). The Charges will be billed to the credit card or other account that you provide in accordance with the billing terms in effect at the time the Charges are due and payable or directly invoiced. If payment is not received or cannot be charged to your credit card or other account for any reason, Love.Live.Dance reserves the right to either suspend or terminate your access to the Sites or the Services and terminate these Terms of Service. All charges are non-refundable except as otherwise set forth herein.
If you have purchased a paid subscription to the Services, your subscription will automatically renew for additional, successive subscription periods equal in duration to the initial subscription period unless you have terminated your subscription prior to the next renewal period. You acknowledge and agree that Love.Live.Dance will automatically charge your credit card or other account on record with Love.Live.Dance for the then-current subscription period upon the commencement of any renewal period. You may terminate your subscription at any time and you will not be obligated to pay any additional fees for upcoming subscription renewal periods but any subscription fees you have paid in advance will not be refunded.
If you purchase Services from Love.Live.Dance, those Services must be used within one calendar year of purchase. The Services expire one year after purchase. Any portion of the Services that is still unused at such time shall be forfeit without the issuance of any refund.
By using the Sites, you consent to receiving electronic communications from Love.Live.Dance, including communications via text message or automated telephone message. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Sites or Services. These electronic communications are part of your relationship with Love.Live.Dance and you receive them as part of your purchase. You agree that any notices, agreements, disclosures or other communications that Love.Live.Dance sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Certain information and other content appearing in advertisements or sponsorships on the Sites or Services may be the material of third party licensors and suppliers to Love.Live.Dance (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your computer for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. LOVE.LIVE.DANCE DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
The Sites may be linked to other sites that are not the Sites and are not maintained or controlled by Love.Live.Dance. Love.Live.Dance is providing these links to you only as a convenience, and Love.Live.Dance is not responsible for such linked sites, including, without limitation, the content or links displayed on such sites.
Love.Live.Dance and/or its licensors, as applicable, retain ownership of all proprietary rights in the Services and in all trade names, trademarks, service marks, logos, and domain names (“Love.Live.Dance Marks”) associated or displayed with the Sites or Services. You may not frame or utilize framing techniques to enclose any Love.Live.Dance Marks, or other proprietary information (including images, text, page layout, or form) of Love.Live.Dance without express written consent. Other trademarks, names and logos on the Site are the property of their respective owners.
You agree to indemnify, defend and hold harmless Love.Live.Dance, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers (together, the "Indemnified Parties") from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys’ fees) arising from (i) your use of the Sites or Services or the use of the Sites or Services by any other party using your account, (ii) your violation of these Terms of Service or the violation of these Terms of Service by any other party using your account,, and (iii) the infringement or violation by you or any other user of your account of any intellectual property or other right of any person or entity or applicable law.
Love.Live.Dance reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to settle any matter without the prior written consent of Love.Live.Dance. Love.Live.Dance will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOUR USE OF THE SITES AND/OR THE SERVICES IS AT YOUR OWN RISK. THE CONTENT, SITES, SERVICES, AND THE THIRD PARTY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL OR OTHER ERRORS. LOVE.LIVE.DANCE, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE CONTENT, SITES, SERVICES, ANY MATERIALS OR THIRD PARTY CONTENT, RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES AND/OR THE RESULTS OBTAINED FROM THE USE OF THE SITES OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONTENT, SITES, SERVICES, MATERIALS, THIRD PARTY CONTENT, AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THE SITES OR AS PART OF THE SERVICES IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. LOVE.LIVE.DANCE DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER. LOVE.LIVE.DANCE DOES NOT GUARANTEE ANY UPTIME OR AVAILABILITY OF THE SERVICES.
YOU EXPRESSLY ACKNOWLEDGE THAT BY ALLOWING THE USE OF THE SITES AND SERVICES, LOVE.LIVE.DANCE IS NOT PROVIDING LEGAL, ACCOUNTING, MEDICAL, TAX OR ANY OTHER PROFESSIONAL SERVICES AND THAT YOU ARE SOLELY RESPONSIBLE FOR SOLICITING ANY PROFESSIONAL ADVICE YOU DEEM NECESSARY IN THE COURSE OF USING THE SERVICES.
LOVE.LIVE.DANCE SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY OF THE MATERIALS, CONTENT, OR THIRD PARTY CONTENT TO OR FROM THE SITES OR THE SERVICES OR FROM THE USE OF THE SERVICES. LOVE.LIVE.DANCE DISCLAIMS ALL LIABILITY RELATING TO ANY CONTENT, THE SITES, OR THE SERVICES, INCLUDING ANY ERROR, VIRUS, DEFAMATION, LIBEL, OBSCENITY OR INACCURACY CONTAINED IN ANY CONTENT, WHETHER OR NOT ARISING UNDER THE LAWS OF COPYRIGHT, LIBEL, PRIVACY OR OTHERWISE. YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES (INCLUDING WITHOUT LIMITATION TO THE SERVICES) RESULTING FROM USE OF THE SITES OR THE SERVICES (INCLUDING WITHOUT LIMITATION DISPUTES AND INCIDENTS DESCRIBED IN THE PRECEDING SECTIONS) AND RELATED TRANSACTIONS AND/OR OCCURRENCES. LOVE.LIVE.DANCE SHALL HAVE NO RESPONSIBILITY FOR UNAUTHORIZED ACCESS TO YOUR ACCOUNT.
WITHOUT LIMITING ANY OTHER LIMITATION OF LIABILITY OR DISCLAIMER OF WARRANTIES IN THESE TERMS OF SERVICE, YOU RECOGNIZE THAT USE OF THE SERVICES IS VOLUNTARY AND INCLUDES PHYSICAL ACTIVITY THAT MAY RESULT IN PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE. YOU ACKNOWLEDGE AND ASSUME ALL RISKS AND DANGERS ASSOCIATED WITH THE SERVICES OR ACTIVITIES RELATED TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, PRACTICES, PERFORMANCES, AND COMPETITIONS), INCLUDING THE NEGLIGENCE OR MISCONDUCT OF OTHER PARTICIPANTS, CUSTOMERS, USERS, OR VISITORS TO THE PREMISES. YOU ASSUME THOSE RISKS AND DANGERS WHETHER THEY OCCUR PRIOR TO, DURING, OR AFTER THE SERVICES. LOVE.LIVE.DANCE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, AND BUSINESS PARTNERS (TOGETHER, THE "PROVIDERS") WILL NOT BE RESPONSIBILE TO YOU, YOUR HEIRS, OR ASSIGNS FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE OR OTHER LOSS ("LOSS") SUFFERED AS A RESULT OF MY PARTICIPATION IN THE ACTIVITIES. YOU WAIVE THE RIGHT TO BRING LEGAL ACTION AGAINST THE PROVIDERS FOR ANY LOSS. YOU ADDITIONALLY AGREE TO INDEMNIFY THE PROVIDERS AGAINST ANY THIRD PARTY CLAIMS AGAINST THEM RESULTING FROM YOUR NEGLIGENCE. BY PARTICIPATING IN THE SERVICES, YOU HAVE GIVEN A FULL RELEASE OF LIABILITY TO THE PROVIDERS.
IN NO EVENT SHALL LOVE.LIVE.DANCE BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF LOVE.LIVE.DANCE KNOWS OR SHOULD HAVE KNOWN THAT THERE IS A POSSIBILITY OF SUCH DAMAGE. FURTHERMORE, IN NO EVENT SHALL LOVE.LIVE.DANCE BE LIABLE FOR ANY DAMAGES IN AN AMOUNT MORE THAN THE FEES PAID BY YOU TO LOVE.LIVE.DANCE IN THE PRIOR 12 MONTHS.
As used herein, “Claims” shall mean all claims, disputes, or controversies between you and Love.Live.Dance of any nature or kind, whether pre-existing, present, or future, that arise from or relate to the Sites or Services.
Informal Efforts to Resolve Dispute. If a dispute arises between you and Love.Live.Dance, you should first attempt to resolve it by contacting Love.Live.Dance. Love.Live.Dance will attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt.
YOU MUST FILE ANY LEGAL COMPLAINT AGAINST LOVE.LIVE.DANCE WITH A PERMITTED COURT WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A CLAIM, OR YOU WAIVE THE RIGHT TO PURSUE ANY CLAIM BASED UPON SUCH EVENT, FACTS OR DISPUTE.
Except for payment obligations, neither Love.Live.Dance nor you shall be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include but not be limited to acts of god, war, strikes, government regulation, executive orders or advisory (including travel advisory warning by the government or World Health Organization), disease outbreaks, civil disturbance, terrorism or threats of terrorism in the United States as substantiated by governmental warnings or advisory notices, curtailment of transportation, disaster fire, earthquakes, hurricanes, unseasonable extreme inclement weather, shortages or disruption of the electrical power supply causing blackouts or rolling blackouts, or any other comparable condition, commercially impracticable, illegal, or impossible to fully perform under this Agreement as the parties originally contracted (a “Force Majeure Event”).