Terms and Conditions

1. PRELIMINARY ACKNOWLEDGEMENTS AND EXTENSIVE DEFINITIONS

1.1. Scope and Exclusivity of the Agreement These Terms of Service (hereinafter referred to as the “Terms,” “Agreement,” “ToS,” or “Terms of Use”) constitute the sole, entire, and exclusive agreement between Dancefolio, (hereinafter referred to as “Dancefolio,” “We,” “Us,” “Our,” the “Company,” or the “Platform”), and the individual, entity, organization, or authorized representative (hereinafter referred to as “You,” “Your,” the “User,” or “Member”) accessing, browsing, registering for, or utilizing the website, mobile applications, application programming interfaces (APIs), and associated digital services provided by Dancefolio (collectively, the “Services”).

These Terms expressly supersede, replace, and extinguish any and all prior agreements, understandings, representations, warranties, and arrangements, whether written or oral, between You and Dancefolio regarding the subject matter herein. Dancefolio explicitly and categorically rejects the application of any alternative, conflicting, or supplementary terms and conditions submitted, proposed, or implied by the User at any time, including but not limited to terms contained in User purchase orders, vendor portals, or unilateral notices. No deviation, modification, or amendment to these Terms shall be valid or binding upon Dancefolio unless expressly agreed to in writing and signed by a duly authorized officer of Dancefolio.   

1.2. Acceptance and Capacity to Contract By accessing the Site, creating an Account, or utilizing any Service, You irrevocably acknowledge and agree that: (a) Binding Contract: You have read, understood, and agreed to be legally bound by these Terms, the Privacy Policy, the Cookie Policy, the Community Guidelines, and all other policies incorporated herein by reference; (b) Age and Capacity: You represent and warrant that You are at least eighteen (18) years of age and possess the full legal capacity, mental competence, and authority to enter into this binding Agreement. If You are under the age of 18, You may not use the Services unless Your parent or legal guardian has explicitly consented to these Terms on Your behalf in accordance with the Children’s Online Privacy Protection Act (COPPA) and GDPR age of consent provisions AND manages the account on Your behalf; (c) Authority to Bind Entities: If You are registering or using the Services on behalf of a business entity, talent agency, production company, dance troupe, or other organization, You represent and warrant that You have the express written authority to bind such entity to these Terms, in which case the terms “You” and “Your” shall refer to such entity and its affiliates, officers, directors, agents, and employees; (d) No Disqualification: You represent that You are not a person barred from receiving services under the laws of the United States, the European Union, or other applicable jurisdiction, including persons listed on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce’s Denied Persons List.   

1.3. Modification of Terms Dancefolio reserves the right, at its sole and absolute discretion, to modify, amend, replace, or update these Terms at any time. If We make material changes to this Agreement, We will post the revised Agreement on the Site and update the “Last Updated” date at the top of this document. We may also attempt to notify You via email or a pop-up notification within the Platform. (a) Effectiveness: Any revised Terms shall take effect forty-eight (48) hours after the “Last Updated” date. (b) Continued Use: Your continued access to or use of the Site and/or Services following the posting of revised Terms constitutes Your irrevocable acceptance of the changes. (c) Right to Terminate: If You disagree with the revised Terms, Your sole and exclusive remedy is to discontinue using the Website and, if applicable, terminate this Agreement by deleting Your Account before the changes become effective. Terminating Your Account does not relieve You of any financial or legal obligations incurred prior to the termination.   

1.4. Defined Terms To ensure precision and prevent ambiguity, the following terms shall have the meanings ascribed below:

• “Booking” means a confirmed transaction between a Company and a Talent for Services, Events, or Opportunities, processed through the Platform.
• “Content” means text, graphics, images, music, software, audio, video, information, resumes, headshots, casting calls, event descriptions, reviews, messages, and any other written or photo/video material.
• “Company” (which can include sub-categories such as, but not limited to, teachers, dance studios, dance companies, brands, organizations, businesses) means a User who publishes, lists, or offers Opportunities, Events, or Auditions on Dancefolio.
• “Listing” means an Opportunity, Event, Audition, or Service that is listed by a Company
• “Marketplace Facilitator” means Dancefolio in its capacity as a platform to facilitate the connection between Companies and individuals (Talents)
• “Platform” means the Dancefolio website, mobile applications, and backend infrastructure.
• “Sensitive Personal Information” means data revealing racial or ethnic origin, trade union membership, biometric data
• “Talent” (or “Artist,” “Dancer,” “Guest”) means a User who requests, books, applies for, or utilizes Services or Opportunities offered by a Company
• “User Content” means all Content that a User posts, uploads, publishes, submits, or transmits to be made available through the Services.

2. USERS AND THEIR CONTENT

2.1. General Conditions of User Responsibility As a User of Dancefolio, You expressly acknowledge and declare that You accept full and sole responsibility for all liabilities, risks, and consequences derived from posting, accessing, or interacting with “Content” (also generically referred to as “Events,” “Listings,” or “Opportunities”) on Dancefolio. To the maximum extent permitted by applicable law, Dancefolio is not responsible for, and expressly disclaims any liability for, any risk arising out of Your access to and use of the Dancefolio Website and any Content provided by the Platform itself or by any of its Users. It is Your total and non-delegable responsibility to investigate, verify, and ensure that the Services and Content provided by other Users contain true, accurate, and safe information. Dancefolio does not, and is unable to, control the complete accuracy, legality, or correctness of information provided by Users. 

2.2. Posting Content and Company Obligations When submitting, posting, or publishing any kind of Content on Dancefolio, You agree to the following strict conditions: (a) Independent Contractor Status: You acknowledge that You act on Dancefolio as an independent individual or entity and that You are not a partner, employee, joint venturer, agent, or worker of Dancefolio. Nothing in these Terms shall be construed as creating an employment or agency relationship. (b) Company Rules: You acknowledge that You can set Your own conditions applicable to Your Content (e.g., age restrictions for summer intensives, dress codes), provided that such personal policies do not conflict with these Terms, the Anti-Discrimination Policy, or applicable law. You are solely responsible for enforcing Your rules. (c) Legality and Accuracy: You represent and warrant that: (i) Your Content and listings are truthful, accurate, and up-to-date; (ii) Your Content does not violate any local, state, national, or international law; (iii) You hold all necessary permits, licenses, and insurances required to Company Your event or offer Your service; and (iv) You shall not impose different conditions or additional fees on the final users that were not disclosed in the Listing. (d) Compliance with Laws: By publishing your Content, You accept to comply with these Terms and all local laws and regulations applicable in Your jurisdiction (including zoning laws, safety codes, and tax regulations). If Your local laws do not allow You to offer such Content, You must not use this Website. You assume sole responsibility for any legal action taken against You due to Your negligence or non-compliance. (e) Confidentiality of User Data: While publishing an event, You may receive personal information from other Users (e.g., names, emails). You declare and agree to keep all such information confidential and to use it solely for the purpose of the specific Listing you publish. You are prohibited from using this data for marketing purposes without the User’s explicit, separate consent. You are also solely responsible of the safety, protection, transmission, deletion, disposition of any information that You receive from Dancefolio Users inside and outside of Dancefolio and that you transmit, as a Dancefolio User, to other Users inside and outside of the Platform.

2.3. Interacting with Content (Talent Obligations) As a User interacting with Content (Talent/Guest), You agree to the following: (a) Submission of Data: You agree to transmit accurate personal information (e.g., first name, last name, email, phone number, resume/CV, biography) when applying for Opportunities. You declare that all information submitted is true, complete, and belongs to You. (b) Authorization to View: By interacting with other Users’ Content, You explicitly grant those Users (Companies) the right to access, review, and store Your submitted material for the purposes of the application or event. (c) Compliance with Company Rules: You agree to comply with the personal policies, rules, and conditions established by the Company of the Offer You apply for. You acknowledge that Dancefolio is not a party to the contract between You and the Company. (d) Risk Assumption: You agree that applying for or attending an offline event or audition carries inherent risks. You voluntarily assume all risks related to Your interaction with other Users, both online and offline. (e) Transparency: You accept and declare to be transparent, honest, and competent in every interaction. Any omission, misinformation, or illegal behavior is Your total responsibility. You are also solely responsible of the safety, protection, transmission, deletion, disposition of any information that You receive from Dancefolio Users inside and outside of Dancefolio and that you transmit, as a Dancefolio User, to other Users inside and outside of the Platform.

3. CANCELLATION POLICIES AND REFUNDS

3.1. General No-Refund Policy Given the nature of the Services (digital access, premium features) You agree that ALL SALES ARE FINAL and NO REFUNDS are admitted for any reason, except as expressly provided in this Section or required by applicable consumer protection law that cannot be waived.

3.2. Cancellation for Cause In cases where We suspect that there is fraudulent, improper, illegal, or suspicious activity, or if a Listing prejudices Our interests or the safety of Our Users, We reserve the right, at our sole and absolute discretion, to cancel any transaction, remove any Content, or suspend any Account without prior notice. In such events, Dancefolio shall have no liability for any direct or indirect losses incurred by You.   

3.3. Subscription Cancellations If You have purchased a recurring subscription plan, You may cancel the renewal of Your subscription at any time through Your Account settings. The cancellation will take effect at the end of the current billing cycle. No pro-rated refunds will be issued for the unused portion of the subscription term.

4. PRIVACY POLICY AND COOKIE POLICY

4.1. Incorporation by Reference Dancefolio is committed to protecting the privacy of its Users. Our collection, use, storage, and disclosure of Your personal data are governed by our Privacy Policy and Cookie Policy, which are incorporated into these Terms by this reference. By registering for Dancefolio and accepting these Terms, You declare that You have read, understood, and fully accepted the Privacy Policy and Cookie Policy.   

4.2. Data Processing Agreement (DPA) To the extent that Dancefolio processes personal data on Your behalf (e.g., if You are a business user in the EU collecting applicant data), the Data Processing Agreement (DPA) available at shall apply to such processing. You acknowledge that Dancefolio acts as a “Data Processor” and You act as a “Data Controller” in such instances, as defined under the GDPR.   

5. TAXES AND MARKETPLACE FACILITATOR COMPLIANCE

5.1. User Responsibility for Taxes As a Dancefolio User, You declare that You are the sole responsible party for determining, collecting, remitting, and reporting all applicable taxes, duties, levies, and other governmental charges (collectively, “Taxes”) associated with Your use of the Platform. This includes, but is not limited to, Sales Tax, Value Added Tax (VAT), Goods and Services Tax (GST), Transient Occupancy Tax, and Income Tax. 

6. DANCEFOLIO’S ROLE AND USAGE OF THE WEBSITE

6.1. Platform Nature Dancefolio is an online venue and technical interface. We are not an agency, employer, headhunter, talent scout, or marketer. Our sole aim is to facilitate the connection between Users offering dance-related content/opportunities and Users looking for such content. (a) No Endorsement: Dancefolio does not endorse, certify, or guarantee the quality, safety, or legality of any Content, Event, or User. (b) No Control: Dancefolio has no control over the conduct of Companies, Talent, or other Users, nor over the truth or accuracy of listings. (c) Listing Management: By using Our services You acknowledge that Dancefolio’s role remains that of a facilitator. We are not liable for the ultimate success or failure of any event or opportunity posted on the Platform. 

6.2. Assumption of Risk You accept to register for Dancefolio and use its Services at Your own risk. You agree that You shall not consider Dancefolio responsible for any damage, loss, injury, or event resulting from Your proper or improper usage of the Platform.

7. INSURANCE

7.1. No Insurance Provided Dancefolio does not provide any kind of liability, health, property, or cancellation insurance to its Users. (a) User Responsibility: As a Company or Talent, You are solely responsible for obtaining sufficient insurance coverage to protect Yourself, Your property, and Your guests/attendees. (b) Disclaimer: Dancefolio disclaims all liability for any loss, damage, accident to objects, properties, or people caused by You or third parties before, during, or after the application for or the publication of a Listing.   

8. SAFETY, SUPPORT, DATA, AND BACKGROUND CHECKS

8.1. Safety and Background Checks DANCEFOLIO DOES NOT ROUTINELY PERFORM BACKGROUND CHECKS, CRIMINAL HISTORY SCANS, OR IDENTITY VERIFICATIONS ON ITS USERS. (a) No Guarantee: We cannot and do not guarantee that any User is who they claim to be or that they are safe to interact with. (b) Right to Suspend a User account: We reserve the right to suspend a User account if such account may violate these Terms of Service and/or if such account is considered a threat to the safety of Dancefolio, Its Users and Its Content. (c) User Caution: You agree that online communications and offline meetups carry inherent risks. You are solely responsible for any information you disclose in such communications and any consequences deriving from online and offline communications on Dancefolio or outside of Dancefolio.

8.2. Support and Data Access Our Support Team acts to assist Users and ensure platform safety. By using the Website, You authorize Dancefolio and its Support Team to: (a) Access History: Access the history of Your actions, messages, and transactions on the Website for the purpose of providing assistance, investigating disputes, or ensuring compliance with these Terms. (b) Use Information: Use the information You provided during registration (address, email, phone) to contact You or to assist law enforcement in case of emergency or legal process. (c) Limitations: Dancefolio will never access Your encrypted payment credentials (credit card numbers), which are stored securely by our third-party payment processor.   

9. DISPUTES BETWEEN USERS

9.1. User-to-User Interaction In the event of a dispute between Users (e.g., Company vs. Talent regarding payment, attendance, or quality of service), Dancefolio is not a party to the dispute. (a) Release: You hereby release Dancefolio, its officers, directors, employees, and agents from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. (b) Mediation: Dancefolio retains the right, but not the obligation, to intercede as a mediator. Any decision made by Dancefolio in a mediation capacity is final regarding the use of the Platform but does not affect Your legal rights to pursue claims against the other User in an appropriate forum.   

10. REVIEWS AND REPUTATION

10.1. Review Integrity Reviews are a critical part of the Dancefolio ecosystem. You agree to: (a) Honesty: Provide only accurate, truthful, and honest reviews based on Your personal experience. (b) Prohibitions: You shall not post reviews that are defamatory, offensive, discriminatory, profane, or unrelated to the transaction. (c) No Manipulation: You shall not manipulate the review system (e.g., by creating fake accounts or trading reviews). (d) Removal: Dancefolio reserves the right to remove any review that violates these Terms or our Community Guidelines without notice. Repeated violations may result in Account suspension.   

11. INTELLECTUAL PROPERTY RIGHTS

11.1. Dancefolio Intellectual Property All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces and other content (collectively “Proprietary Material”) that Users see or read through the Dancefolio Platform is owned by Dancefolio, excluding User Content. This Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Dancefolio owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials. The Proprietary Material is protected by domestic and international copyright, patent, and other proprietary rights and laws. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Dancefolio Platform without Dancefolio’s express prior written consent.   

11.2. User Content License By publishing Your own material (User Content) on Dancefolio, You: (a) Ownership: Retain all Your ownership rights in Your User Content. (b) License Grant: Grant Dancefolio a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and Dancefolio’s business, including for promoting and redistributing part or all of the Service in any media formats and through any media channels. (c) Warranty: Represent and warrant that You own or have the necessary licenses, rights, consents, and permissions to publish the User Content and to grant the licenses herein.

12. PROHIBITED ACTIONS

12.1. Strict Prohibitions You agree not to do any of the following while using the Services: (a) Harmful Content: Post, upload, or transmit any Content that constitutes “hate speech,” promotes violence, is pornographic, sexually explicit, or incites illegal acts. (b) Platform Security: Attempt to probe, scan, or test the vulnerability of the system or network, or breach any security or authentication measures. Use any robot, spider, scraper, or other automated means to access the Platform. (c) Reverse Engineering: Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services. (d) Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity. (e) Data Mining: Systematically retrieve data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like.   

13. DISTRIBUTION AND PROMOTION

13.1. Third-Party Distribution By posting Your Listing or Content, You acknowledge that Dancefolio may distribute, syndicate, or promote Your Content on third-party websites, social media platforms, and partner networks to increase visibility. You grant us the right to display Your Content on these external channels. (a) No Control: You understand that Dancefolio does not control these third-party sites and is not responsible for any content or interactions that occur outside of the Dancefolio domain. (b) Incomplete Information: We are not liable for any incomplete information displayed on third-party sites due to data transfer limitations.   

14. INDEMNIFICATION

14.1. Indemnity Clause You agree to release, defend (at Dancefolio’s option), indemnify, and hold Dancefolio and its Affiliates, Subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (a) Your breach of these Terms or our Policies; (b) Your improper use of the Dancefolio Platform or any Dancefolio Services; (c) Your interaction with any Member, participation in an Event, or use of a Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use; (d) Your breach of any laws, regulations, or third-party rights (including intellectual property or privacy rights); (e) Any Tax liability associated with Your transactions. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.

15. DISCLAIMER OF WARRANTIES

15.1. “AS IS” and “AS AVAILABLE” YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES, INCLUDING THIS WEBSITE, SITE MATERIAL, USER CONTENT, AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE SERVICES. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPATIBLE, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT ACCESSED THROUGH SERVICES IS AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THIS WEBSITE IN ANY FORM. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

WE DO NOT GUARANTEE THAT THE WEBSITE OR ITS SERVICES ARE FREE FROM ERROR, DANGEROUS SCRIPTS, VIRUSES OR OTHER KINDS OF HARMFUL CONTENT, AS THIS WEBSITE’S CONTENT IS PROVIDED ON A “AS IS” BASIS. WE DO NOT GUARANTEE THAT EVERY INFORMATION CONTAINED IN THIS WEBSITE IS ACCURATE OR TRUE, AS IT COULD BE SUBJECT TO ERRORS OR MALICIOUS ACTIVITIES CAUSED BY THIRD PARTIES PROGRAMS, ACTIONS OR SCRIPTS WE COULD NOT BE ABLE TO FULLY CONTROL OR FULLY STOP BEFORE THEIR SPREADING. WE COULD DISCONTINUE THIS PLATFORM AT ANY TIME AND WE DISCLAIM ANY OBLIGATIONS RELATED TO CONTINUING THIS WEBSITE OR ITS ACTIVITIES OVER TIME.

15.2. AI Assistants and Generative Tools Our Services include features powered by Artificial Intelligence (AI), such as our custom AI assistants (including but not limited to “Myrtha” and “Coppelius”) and AI-driven content generation tools (such as syllabus and curriculum architects). These tools are designed to assist dancers, teachers, and companies in generating educational content, receiving professional advice, and navigating the platform efficiently.

15.2.1. Data Processed by AI When you interact with our AI tools, we collect and process the text inputs, prompts, contextual parameters (e.g., duration types, goals), and any other information you type into the chat interfaces or submission forms exclusively to allow our AI tools to elaborate your prompts and give you the feedback the tool provides.

• User Warning: While our AI tools are designed to be helpful, you must not input highly sensitive personal data (such as financial information, government IDs, passwords, or specific medical conditions) into the AI chat interfaces.

15.2.2. Third-Party AI Sub-Processors To power these advanced features, Dancefolio utilizes third-party AI service providers and software, specifically OpenAI, L.L.C. (via their API) and the AI Power WordPress plugin suite.

• When you submit a prompt to Myrtha, Coppelius, or our generative tools, the text data is transmitted securely to OpenAI’s servers for processing to generate a response.
• OpenAI acts strictly as a Data Processor for this specific function.

15.2.3. Data Retention, Caching, and AI Model Training We respect your intellectual property and privacy regarding AI processing. Our architecture is designed with the following privacy-first principles:

• No Public Training on Your Data: In accordance with OpenAI’s API enterprise privacy policies, the data (prompts and generated responses) submitted via our platform’s API connection is NOT used by OpenAI to train, improve, or fine-tune their foundational public AI models. Your interactions remain private to our application.
• Third-Party Retention: OpenAI retains API data for a strict maximum of 30 days solely for the purpose of abuse and misuse monitoring, after which it is permanently deleted from their systems.
• Local Processing & Security: On the Dancefolio platform, AI interactions and generated content (such as syllabuses) may be temporarily cached and securely hashed on our local servers. This is done strictly to ensure platform scalability, optimize load times, prevent prompt-injection abuse, and manage rate-limiting to protect the platform from spam.

15.2.4. Automated Decision-Making Exemption Our AI tools are strictly for informational, educational, and generative assistance. They do not engage in profiling or automated decision-making that produces legal or similarly significant effects concerning you. The AI does not evaluate user resumes to make automated hiring, casting, or audition decisions; all such decisions remain entirely human-driven by the respective companies or schools.

15.2.5. AI Disclaimer: YOU ACKNOWLEDGE THAT SOME FEATURES UTILIZING ARTIFICIAL INTELLIGENCE MAY PRODUCE INACCURATE OR MISLEADING RESULTS. DANCEFOLIO DISCLAIMS LIABILITY FOR ANY RELIANCE ON AI-GENERATED CONTENT.

16. LIMITATION OF LIABILITY

IN NO EVENT WE WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO (i) ERRORS, MISTAKES, OR INACCURACY OF CONTENT (INCLUDING THE “MANAGED EVENT” FREE SERVICE); (ii) ANY TANGIBLE OR INTANGIBLE LOSSES; (iii) ANY UNAUTHORIZED ACCESS TO THIS WEBSITE AND ANY KIND OF INFORMATION STORED IN IT; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; (vi) PHYSICAL INJURY, JOB DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OF THIS WEBSITE; (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DANCEFOLIO TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DANCEFOLIO IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).

WE WILL NOT BE IN BREACH OF THESE TERMS AND CONDITIONS, OR OTHERWISE LIABLE FOR ANY DELAY IN PERFORMANCE, ARISING FROM ANY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING BUT NOT LIMITED TO INDUSTRIAL DISPUTES, BREAKDOWN OF SYSTEMS AND NETWORKS, FLOOD, FIRE, EXPLOSION, ACCIDENT, NATURAL DISASTERS OR ACTS OF TERRORISM. THESE TERMS AND CONDITIONS SHALL CONTAIN ALL THE TERMS AGREED BETWEEN YOU AND US REGARDING THEIR SUBJECT MATTER AND SHALL SUPERSEDE ANY PRIOR AGREEMENT OF ANY KIND, BETWEEN YOU AND US, WHETHER ORAL OR IN WRITING. IF NOT EXPRESSLY STATED IN THESE TERMS OF USE, NO REPRESENTATION, UNDERTAKING OR PROMISE SHALL BE TAKEN TO HAVE BEEN GIVEN. IF A PROVISION OF THESE TERMS AND CONDITIONS (OR PART OF ANY PROVISION) IS FOUND ILLEGAL, INVALID OR UNENFORCEABLE, THE ENFORCEABILITY OF ANY OTHER PART OF THESE TERMS AND CONDITIONS WILL NOT BE AFFECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OFFERED BY THIS WEBSITE.

IF THE LAWS OF YOUR JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS YOU SHALL NOT USE THIS WEBSITE AT ANY TIME.

IF THE LAWS OF YOUR JURISDICTION OR OF YOUR COUNTRY ARE NOT FULLY COMPLIANT WITH THESE TERMS AND CONDITIONS YOU SHALL NOT USE THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY DISCREPANCY BETWEEN THESE TERMS AND CONDITIONS AND YOUR LOCAL LAWS. IF YOU CAN’T COMPLY BOTH WITH THESE TERMS AND CONDITIONS AND YOUR LOCAL LAWS YOU SHALL NOT USE THIS WEBSITE AND ITS SERVICES.

17. ACCOUNT TERMINATION AND SUSPENSION

By creating an Account on Dancefolio, you agree to keep your personal information such as passwords, personal ID’s and e-mail secure, safe and confidential. If you lose your credentials or if you notice someone else is using them you should notify us immediately. If you give your password, e-mail or personal ID’s to someone else you will be solely responsible for any consequence deriving from it.

We will not and shall not have ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD AND/OR ANY ID BELONGING TO YOU; ANY UNAUTHORIZED USE OF YOUR ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO DANCEFOLIO, OTHER USERS OR THIRD PARTIES.

We may suspend or cancel Your account at any time if We suspect, at Our sole discretion, that Your account has been compromised or is being used in an unauthorized or fraudulent manner or if you are infringing these Terms and Conditions in one or more of its parts by using your Account in a manner that goes against part of the totality of these Terms of Service. You can ask for the Account reactivation but we do not guarantee that we will be able to reactivate your account at any time.

18. PAYMENTS, BILLING, AND FEES

18.1. Payment Processing Payment processing services for Users on Dancefolio are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to operate as a User on Dancefolio, You agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Dancefolio enabling payment processing services through Stripe, You agree to provide Dancefolio accurate and complete information about You and Your business, and You authorize Dancefolio to share it and transaction information related to Your use of the payment processing services provided by Stripe.   

18.2. Fees and Billing (a) Service Fees: Dancefolio charges fees for the use of the platform for premium Users (“Service Fees”). Premium Users are those Users using the Platform’s paid features. The access to the Platform is at no cost. Some features offered by the Platform are paid. In this case, the access to such features will be limited by a paywall regulated by our payment processor “Stripe”. (b) Changes: We reserve the right to change our Fee structure at any time. (c) No Refunds: Fees paid are non-refundable. (d) Authorization: You authorize Dancefolio to charge Your chosen payment method to upgrade your account to a Premium account (paid account) whenever you’re making a payment on the Platform. Such upgrade is always at your discretion and can be accessed from your account on the Platform or on our dedicated Premium plans page on Dancefolio.

You will be the only one responsible for updating your account information with any changes that may occur. You agree to pay this Website the amount specified in the pricing section of the Services offered (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service. You also authorize this Website to bill your payment method previously used or any eventual new one in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred.

If you registered on our website, you can cancel from your Account Settings or by contacting Support at info@Dancefolio.org

19. DISPUTES WITH DANCEFOLIO

Dancefolio is committed to participating in a consumer-friendly dispute resolution process before entering an eventual arbitration process. In case of dispute between you and Dancefolio, you can ask for an informal negotiation directly with Dancefolio’ Support Team. At least 30 days prior to starting an arbitration, you and Dancefolio both agree to notify the other party of the dispute in writing and attempt in good faith to negotiate any possible informal resolution. The notice of dispute must be sent via e-mail at info@Dancefolio.org . The notice of dispute must include the following details: the party’s name and any useful contact information (better if more than one), a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (you can find it at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).

Please note that the European Commission Platform also provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/

You and Dancefolio mutually agree that any dispute, claim or controversy arising out of these Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Dancefolio Platform, User Offers, Bookings or any Content (collectively defined as “Disputes”) will be settled by binding individual arbitration.

You and Dancefolio agree that the following causes of action are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by the following section “Applicable Law and Jurisdiction”) (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, patents, or other intellectual Job; (ii) commission of a crime, hacking, cyber-attacks.

20. APPLICABLE LAW AND JURISDICTION

Dispute resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Italy without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Italy. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Italy, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. 

BY CREATING AN ACCOUNT ON THIS WEBSITE YOU DECLARE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF SERVICE.

BY CREATING AN ACCOUNT ON THIS WEBSITE YOU ALSO DECLARE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED IN ACCORDANCE WITH ART. 1341 – 1342 OF THE ITALIAN CIVIL CODE, THE FOLLOWING CLAUSES:

CLAUSE 2 (USERS AND THEIR CONTENT); CLAUSE 5 (TAXES); CLAUSE 7 (INSURANCE); CLAUSE 8 (SAFETY, SUPPORT AND DATA); CLAUSE 14 (INDEMNIFICATION); CLAUSE 15 (DISCLAIMER OF WARRANTIES); CLAUSE 16 (LIMITATION OF LIABILITY); CLAUSE 18 (PAYMENTS, BILLING AND FEES); CLAUSE 20 (APPLICABLE LAW AND JURISDICTION)

Last update: February 4, 2023