1. PRELIMINARY ACKNOWLEDGEMENTS
These Terms and Conditions (or “Terms of Service”, “ToS”, “Terms of Use”) regulate the use of the online platform “Dancefolio” (hereafter “Dancefolio”, “Us”, “Our”, “We”, the “WebSite”) and must be intended as the only way to regulate the use of the Site and every interaction between the User (hereafter “You”, “the User”) and Dancefolio. As the “User” we mean everyone using any of the website’s services. These Terms and Conditions apply exclusively. Dancefolio rejects the application of any alternative Terms and Conditions imposed by the User. Dancefolio provides a technical interface that enables individuals, groups or Companies to publish and list content on Dancefolio. The above mentioned material is to be included in the most generical terms “Content”, “Listing”, “Offer” or “Opportunity”, which is every material submitted by any user on Dancefolio. Any visitor of the website can interact with such material but just registered users (those who have an account) can use all the features included on Dancefolio. All Website users and visitors are allowed to interact with such content, whether they list content or not. These Terms and Conditions apply to both users posting content and users interacting with such content, in all of their sections, wherever it’s applicable. Dancefolio also enables both parties to communicate with each other through a set of online tools (the “Services”).
These Terms of Use constitute a legally binding agreement between You and Dancefolio. By using, registering, visiting or accessing the Site or using the Services, You acknowledge that You agree to and are subject to these Terms and Conditions and the Privacy Policy. If You do not fully agree to these Terms of Use, You are not authorized to access or otherwise use the Site. To use this website’s Services you must be at least 18 years old. By accepting these Terms and Conditions you declare you are at least 18 years old. If You are registering on behalf of a business entity or another person, You represent that You have the authority to bind the entity or other person to these Terms and Conditions. By submitting any kind of content on Dancefolio you also declare you own the rights to publish it on Dancefolio. By registering to Dancefolio you declare that all information submitted to Us and to the shall be true and correct. You further agree to immediately provide notice to Us about any updates to any information that You previously submitted on Dancefolio. If We make changes to this Agreement, We will post the revised Agreement on the Site and update the “Last Updated” date. If You disagree with the revised Terms and Conditions, You shall not use this Website or you may terminate this Agreement with immediate effect by e-mailing us at [email protected] if you already created an Account. Terminating your Account will not constitute a refusal of these Terms of Service, as creating an Account on Dancefolio requires to Accept these Terms of Service at the moment of the registration to the Site. Terminating your Account will not affect the Acceptance of these Terms of Service at the moment of the registration to Dancefolio. Every revised Terms and Conditions take effect after 48 hours of the “Last-updated date”. If You do not terminate this Agreement during the 48 hours before the date the revised Terms and Conditions takes effect, Your continued access to or use of the Site and/or Services will constitute Your acceptance of the revised Terms. If You breach any of these Terms and Conditions, We may suspend Your access to and use of the Site, remove Your content from the Site, cancel any other submitted material, in addition to the application of any other legal rights and remedies available to Us under these Terms and Conditions. We shall not have any liability for any direct, indirect or consequential loss or damage that You may incur relating to any such removal of Your content and/or cancellation of Your content. In the event that Your content is cancelled pursuant to this Section, You have the right to ask for a refund if you paid for a paying plan of the Website and the plan is still active. The refunded amount will be proportional to the amount of days left before the Service you paid for expires.
2. USERS AND THEIR CONTENT
2.1. GENERAL CONDITIONS
As a User of Dancefolio, you declare you accept all the responsibilities derived from posting “content” (also generically “events”) on Dancefolio and that Dancefolio, to the maximum extent permitted by applicable law, is not responsible for any risk arising out of your access to and use of Dancefolio Website and any Content provided by the platform itself or by any of its users. It will be your total responsibility to investigate and make sure that the Services provided by and on this Website contain true information since Dancefolio isn’t able to control the accuracy or the correctness of every information provided by Dancefolio’ Users.
2.2. POSTING CONTENT
When submitting any kind of content on Dancefolio you agree that you act on Dancefolio as an independent individual or entity and that you’re not partner, employee or worker for Dancefolio. Users can purchase or book tickets and/or slots for your events (content). You also acknowledge that you can set your own Conditions applicable to your content but that your personal policies, rules and conditions applicable to your offers are uniquely yours and that you will make sure that users applying for them will comply with those rules, which are to be considered separate from Dancefolio ToS. You also declare that those rules applied to your content and events won’t be illegal in any of their sections. You shall provide only accurate and up-to-date information in each listing and shall not impose different conditions or additional fees on the final users to those set out in the Listing. When posting content you agree that after receiving a booking from another user you will have full rights to review, access the content of, accept or refuse the request. Some bookings, such as the act of purchasing and booking tickets for events and shows, are automatically accepted without further actions. By allowing users to purchase tickets and slots for your events and contents you accept to comply with these Terms and Conditions, with your local laws and regulations and with any other kind of rule, law or regulation applicable in your Country and stated by third parties regarding the publication of such content and every possible action connected to it. If your local laws do not allow to offer such content or if they fully or partially go against these Terms of Service you should not use this website. You also declare that in case of infringement of any law due to your negligence of complying with these Terms of Service you and just you (as an individual, a legal entity or a business) will be solely responsible for any legal action taken against you. As a User posting content you accept and declare to be transparent, honest and competent in regard to every interaction with other users and with the Offers you post on this Site. Every omission, misinformation, illegal or criminal behavior or any other attempt of infringing this Site’s Terms of Service as well as every applicable local law will be your total responsibility and you accept you will take full responsibility for any legal action taken against you as a consequence of it.
While publishing your content (events) or Dancefolio you agree to transmit your personal information such as first name, Company name, Artist name, last name, e-mail address, phone number, street address, personal resume/CV, biography, and any other information needed for publishing your event and making it clear, transparent and valid to other users. While publishing an event you also declare to keep all the information transmitted to you by other users interacting with it confidential and that your information transmitted to those users will be true and complete and solely used for the event’s purposes (which you will have to clearly state on your event page if different from or not included in our ToS). You also agree to comply with all the Terms applicable to the content submission policies contained in these Terms of Service and every other standard, law, rule established by this Site relatively to the use of this Website or the contents posted. After you have published an event, you and the attendee(s) will be completely and totally responsible for everything that will be consequent to the application itself, including every modification to the application, every information and service included in it or added by you and every legal responsibility connected to it. Dancefolio should never be considered a party in any contracts between website’s users.
You declare to accept the Cancellation and Refund Policies of this Site, included in these Terms and Conditions. You are also responsible for fulfilling your Tax obligations under the applicable law of your country. You accept to pay every fee applied by Dancefolio to your transactions as a part of the functioning of the platform itself. You accept to pay Dancefolio a fee on every applicable transaction performed on this Site; the fees applied are transparent and clearly stated on the Website. You declare you are aware of any fee applied to your transactions on Dancefolio. You accept that Dancefolio shall not be responsible for your tax obligations due in your country of residence and that you must submit your tax information by yourself and at any time Dancefolio won’t be responsible of your tax obligations or be able to fulfill your tax obligations on your behalf. You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) that We suffer or incur arising out of or in connection with Your use of any payment solutions to receive online payments, in particular any claims from payment solution providers or other users, and for any liabilities arising for any incorrect tax calculations or submissions performed by You.
The content transmitted by you will be used by Dancefolio, in case of a managed event, to create your final offer which can be purchased by other website’s users. Every content submitted by you must be accurate, legal and truthful. In case you fail to comply with these requirements, you will not consider Dancefolio and his staff responsible for any misinformation or misrepresentation of any kind regarding your content and your presence on the platform. Dancefolio’s team will use your submitted material as it is and it’s your total responsibility to make sure that material is correct, truthful and accurate. Dancefolio acts as a mean of communication and mediator between users submitting content (Hosts) and users interacting and purchasing such content.
2.3. INTERACTING WITH CONTENT
As a user you can purchase tickets or slots posted by any other user on Dancefolio. While applying you agree to transmit your personal information such as first name, last name, e-mail address, phone number, street address, personal resume/CV, biography, and any other information needed, when/if required. By purchasing tickets and / or slots you also declare to keep all the information transmitted to you by other users confidential and that your information transmitted to the users whose offer you’re applying for, will be true and complete. By interacting with other users’ content you agree to allow those users whose offer you applied for, to revise and access your submitted material and information for the purposes connected to the event you applied for. You also agree to comply with all the Terms applicable to the content interaction policies contained in these Terms of Service and every other standard, law, rule established by this Site and by your local laws. After you have purchased tickets or slots for an event, you and the user who submitted the offer will be completely and totally responsible for everything that will be consequent to the interaction itself, including every modification, every information and service included in it and every legal responsibility connected to it. Dancefolio should never be considered a party in any contracts between users of the website.
As a website user you agree that you act on Dancefolio as an independent individual or entity and that you’re not partner, employee or worker for Dancefolio. You declare to comply with the personal policies, rules and conditions applicable to the Offers you apply for and that you will make sure that you only will comply with those rules and with these Terms of Service. Users posting content shall provide only accurate and up-to-date information in each listing, and shall not impose different conditions or additional fees on the final users interacting with such content to those set out in the Listing. You agree that after applying for an Offer, under any form or cirumstances, the user who posted the offer will have full rights to accept or refuse the application/request. By applying/purchasing/interacting with any content you accept to comply with these Terms and Conditions, with your local laws and regulations and with any other kind of rule, law or regulation applicable in your Country and stated by third parties. If your local laws do not allow to apply for such opportunities or if they fully or partially go against these Terms of Service you should not use this website. You also declare that in case of infringement of any law due to your negligence of complying with these Terms of Service you and just you (as an individual, an entity or a business) will be solely responsible for any legal action taken against you. You accept and declare to be transparent, honest and competent in regard to every interaction with other users and with the Offers you apply for on this Site. Every omission, misinformation, illegal or criminal behavior or any other attempt of infringing this Site’s Terms of Service as well as every applicable local law will be your total responsibility and you accept you will take full responsibility for any legal action taken against you because of it.
When interacting with any content and performing transactions you are also responsible for fulfilling your Tax obligations under the applicable law of your country. You can use the basic service of Offers Search available on Dancefolio for free. Anyway, you accept to pay every fee (clearly specified in the “Fees” section of the Website) applied by Dancefolio to your transactions as a part of the functioning of the platform itself, if there are any. When applicable, everytime you apply or interact with paid content requesting a certain amount of money to be made available to you, you accept to pay Dancefolio a fee on every transaction performed by you on this Site. You declare you are aware of any fee applied to your transactions on Dancefolio. You also declare to accept the Conditions of every user posting content whose Offer you will apply for. If you do not wish to comply with any of the Conditions of this Site or of any user posting content you must not use this website. If you think any conditions established by a user is illegal or is infringing these Terms of Service you can report the Listing or the User. We will review your report and take action if necessary. You accept that Dancefolio shall not be responsible for your tax obligations due in your country of residence and that you must submit your tax information by yourself and at any time Dancefolio will not be responsible of your tax obligations or be able to fulfill your tax obligations on your behalf. You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) that We suffer or incur arising out of or in connection with Your use of any payment solutions to receive or issue online payments, in particular any claims from payment solution providers or other users, and for any liabilities arising for any incorrect tax calculations or submissions. Any transaction you perform outside of Dancefolio must not be considered a Dancefolio-related transaction.
3. CANCELLATION POLICIES AND REFUNDS
In cases where We suspect that there is fraudulent, improper, illegal and/or suspicious activity and/or the otherwise booking prejudices Our interests, a User’s interests, We reserve the right to cancel any transaction.
Since we provide a general ticketing sale/purchase service, you agree that every sale is final and no refunds are admitted for any reason.
4. PRIVACY POLICY
We do our best to protect the Privacy of our Users against any illegal behaviour. For more information about how we collect and use data from Users, read our Privacy Policy. By registering to Dancefolio and accepting these Terms of Service you declare you fully accept these Terms of Service AND our Privacy Policy AND our Cookie Policy. If you do not agree with them or with part of them you shall not register to this Website or you shall discontinue using this Website.
5. TAXES
As a Dancefolio User you declare you are the sole responsible for what concerns the fulfillment of all taxes and obligations, penalties and any other kind of costs owed to your country’s taxing authorities connected to the use of this Site, including but not limited to any transaction connected to your Offers. Any fulfillment of any sales tax, rental tax as well as any direct and indirect fee connected to the use of Dancefolio and the management of a Listing on this Site and where the actual opportunity is located will be your sole responsibility, which you will fulfill according to your local laws as well as to any tax authority imposing taxes and fees on your activity connected to renting and booking an offer. Dancefolio is not a tax authority and it won’t be able to provide any tax reporting on your behalf. Dancefolio is not able to pay taxes on your behalf nor provide any tax information about your transactions and financial statuses on Dancefolio or connected to Dancefolio, as every country has different regulations related to taxes application. You acknowledge that you will be the sole responsible of paying those taxes and providing correct information to the relative tax authorities of your country. Dancefolio is not responsible for any incorrect information provided by you to the tax authorities you are owing your taxes. You are responsible for any tax authority demanding Dancefolio to pay taxes on your behalf and in the case this happens, you will cover all the fees and the taxes Dancefolio will have to pay on your behalf. We recommend you to use a tax advisor in case of doubt. Dancefolio will not be responsible of your failing to comply with any tax regulation (whether it be in your country of origin, residence or elsewhere).
6. DANCEFOLIO’S ROLE AND USAGE OF THE WEBSITE
Dancefolio is not an agency nor a marketer. Dancefolio is a platform whose aim is to facilitate the connection between users offering dance-related content and users looking for such content (for free or paid). Dancefolio shall not be responsible or liable for any information contained on the platform that has been generated by a User of the Site. Dancefolio is not responsible for any condition of any content posted by its users, even if the actual conditions of the content are different from the conditions offered in the related description. You accept to register to Dancefolio and use its Services and the Services submitted by its users at your own risk and that you shall not consider Dancefolio responsible for any damage, loss or event resulting from your proper/improper usage of Dancefolio. By using Dancefolio’s services, including the service “managed events”, allowing users to receive further support from our team to organize an event, you acknowledge and accept that Dancefolio shall not be responsible or liable for any unexpected result or unwanted consequence of the above mentioned services (see more at point 14).
7. INSURANCE
Dancefolio does not provide any kind of insurance to its Users. As a User of Dancefolio you will be the sole responsible of managing and providing every kind of insurance that could cover every possible aspect of applying for someone else’s Offer or for providing to someone an opportunity. Dancefolio is not responsible 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 Dance Offer. Dancefolio allows Users to connect to each other via private messages, forms and other methods of communication but as a Dancefolio User you will be the sole responsible for any consequences of those communications inside the Site’s Space and outside of it. We recommend to communicate with other Website Users by using the Dancefolio’ communication system for your own safety.
8. SAFETY, SUPPORT AND DATA
In case of need we can provide support to our Users through our Support Team. Our Support Team is able to cover and provide help for anything related to the Site activities happening on the Site itself. Our Support Team is able to investigate about any activity on the Website for the only purpose of providing assistance to Dancefolio Users and guarantee their safety. By using this Website you allow Dancefolio and his Team to access the history of the actions you perform on the Website in order to provide you with further assistance in case of need. Dancefolio will never be able to access your private data including your payment information, which will be securely encrypted by our third parties payment processors, on which Dancefolio has no control. Dancefolio will be able to access every information you share on the Website for using the Site’s Services (including your address, your first and last name, your e-mail address, your phone number, your billing address, your residence address, your country and postal code and any other personal information you will share while registering to the Website). By sharing information such as those previously mentioned you declare to allow Dancefolio and His Team to use those information for any purposes related to Website’s and its Users’ safety, including Yours. Those information will not be shared with anyone but legal authorities in case of need or emergency. Dancefolio may provide further support and assistance to its Users. Dancefolio is fully committed to provide its Users assistance and support for everything concerning the Website’s usage and activities. Dancefolio will not be responsible for any consequence related to failing to provide support and assistance to its Users, given for granted that, in that case, Dancefolio has done everything was possible to provide support and assistance to the User(s) in need.
9. DISPUTES BETWEEN USERS
In case of a dispute between Users of the Site, Dancefolio won’t be responsible for any kind of interaction between those Users. Every interaction between Site’s Users must be considered a User-to-User interaction, whether it be on Dancefolio or outside of it. Dancefolio has the right to, but not the obligation of, intercede for the disputing Users during their dispute and constitute itself as a mediator between the parties. Dancefolio must be always considered a third-party which has no contractual duties nor obligations towards the disputing parties. If you think a User is acting against these Terms of Service you can report it to [email protected] and our Support Team will review your case and take action if necessary.
10. REVIEWS
In some cases it could be possible to leave a review on the Offer page, when this functionality is activated. You must always be accurate and honest in reviewing the other party. You shall not be offensive, defamatory, discriminatory, you shall not post fake information or use improper language. Reviews are not verified by Dancefolio. If you find that a review contains material that infringes these Terms of Service you can report the review and/or the material to [email protected] and our Support Team will review the case and take action if necessary. By posting a review that goes against these Terms of Service and in particular against this section of the Terms, you acknowledge that your Account could be temporarily or permanently disabled, without any previous or further notice from Us. If you think we made a mistake you can appeal to [email protected] without any further guarantees that your case will be reopened or reviewed again by our Support Team.
11. INTELLECTUAL JOB
All copyright, logos, databases of the Website, trademarks and designs contained in the Site and in his databases and in the material published on it belong to Us or to Our licensors. By publishing your own material on Dancefolio, including your business information, logos or other contents related to it, you declare to allow Dancefolio to display that material on the Website until your account is active and that you fully have the rights to use that material on Dancefolio for the purposes specified in these Terms of Service. Dancefolio does not claim any ownership on your content, of which you are solely responsible. You may download and print material from the Site solely for the purposes of keeping a record of Your agreement with Us. You may not otherwise copy, transmit, modify, edit, store, republish, save, or link to any content or material on the Site without Our prior written consent. You can send an email to [email protected] in case of doubts or requests.
12. PROHIBITED ACTIONS
By using this Website you are not allowed to do any activity that could damage the website itself or its users. It’s also strictly forbidden any kind of unlawful use of the Website, such as, but not restricted to: reverse engineering, hack, introduction of dangerous programs and scripts (Trojans, Spywares or other viruses and potential softwares that could damage the Website or its users), steal, transmit, copy, edit, transfer material from this Website to other platforms or external services, post or transmit potentially offensive material promoting racism, violence, hatred, nudity, pornography or sexually explicit content, find systems to avoid security of this Website, impersonate other users, creating fake profiles, data mining, using robots or spiders, transmit intellectual or Copyrighted material of this Website or part of it.
13. DISTRIBUTION AND PROMOTION
By posting your material on this Website (including but not limited to listings, Offers information) you enable Us to use that material to help you obtain a wider audience for your Listing, even on third-party websites. Because of the nature of the Internet, we do not have the full control of every shared link from Dancefolio on the Internet and for this reason, you shall not retain us responsible or liable for any incomplete information provided by Us to you in the attempt of providing the requested information nor on any link on the Internet outside of Dancefolio’s ones. We are not responsible for any content transmitted outside of Dancefolio which is not included in these Terms of Service.
14. INDEMNIFICATION
You will be held solely and exclusively responsible for all financial consequences resulting from damage to Us due to content or any program You transmit or send that results in any damage to Our hardware of software, including damaging the Site, system or data or by causing the failure of the Site, system or faults therein. The financial consequences mentioned above include reasonable legal fees. If Dancefolio, We or our associates suffer a loss or any kind of damage to objects or people in connection with your breach of this Agreement, you agree to fully cover the costs.
You agree to indemnify and hold Dancefolio and its directors, shareholders, members, partners, managers, employees, service providers, attorneys, sponsors or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement, your application for or publication of an Offer and/or if any Content that you post or provide on or through the Services causes Dancefolio to be liable to another and/or your violation of any third-party right, including without limitation any copyright, Offer, or privacy right and/or any claim that one of your submissions of content caused damage to a third-party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.
SUBJECT TO APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE USE OF DANCEFOLIO AND EVERY SERVICE PROVIDED IN IT BY ITS USERS OR BY DANCEFOLIO, INCLUDING THE SERVICE “MANAGED EVENT” ITSELF, MUST BE CONSIDERED “AS IS” AND IS AT YOUR OWN RISK. DANCEFOLIO DOES NOT PERFORM ANY KIND OF BACKGROUND CHECKS ON WEBSITE USERS. DANCEFOLIO DOES NOT REVIEW THE OFFERS NOR ENSURE THAT THEY COMPLY WITH ANY EXISTING LAWS OR MEET ANY PARTICULAR REQUIREMENTS. WE CANNOT GUARANTEE THE SAFETY, COMPLETENESS OR ACCURACY AND THE CONDITIONS OF ANY OFFER PUBLISHED ON DANCEFOLIO. WE ARE UNABLE TO PERFORM OFFERS CHECKS AND EVERYTHING YOU SEE ON THIS WEBSITE COULD DIFFER FROM THE ACTUAL CONDITION OF IT. YOU AGREE THAT ONLINE COMMUNICATIONS CARRY INHERENT RISK, AND BY USING THIS WEBSITE AND PERFORMING ANY KIND OF ACTION ON THIS WEBSITE YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. DANCEFOLIO DISCLAIMS ALL RESPONSIBILITY AND LIABILITY RESULTING FROM THE MISCONDUCT, NEGLIGENCE, OR ILLEGAL / CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY TO ALL USERS OR THIRD-PARTIES OR DAMAGE THAT OCCURS TO DANCEFOLIO’ USERS INCLUDING YOURSELF AND THIRD PARTIES, WHILE ACCESSING OR APPLYING FOR OFFERS OR USING SERVICES.
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. DISCLAIMER OF WARRANTIES
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. “DANCEFOLIO”, “WE/US”, “THE WEBSITE”, REFERS TO ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS. 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, AND WE 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. 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.
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.
Nothing in these Terms and Conditions affects Our liability for death or personal injury arising from Our negligence, or Our liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
17. ACCOUNT
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
You agree to pay to this Website any fees for each Product or Service you purchase as a User. Where applicable, you will be billed using the billing method you select through your account management page or when making a purchase. If you have selected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct. Fees paid by you are non-refundable and may change according to various factors like third-party’s payments gateways and systems and/or other elements connected to the nature of virtual purchases made on the Internet and/or this Website’s applicable fees to each transaction to cover maintenance costs.
We may change the fees and the pricing charged to you for the Services at any time, provided that, for Products billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect.
When making a payment you will be required to select a payment method and provide all necessary information to process the payment for purchasing the Services offered by this Website. You represent and warrant that such information are true and that you are authorized to use the payment method you chose. 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 [email protected]
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 [email protected] . 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
The applicable Law to this Terms of Service is Italian Law. The Court of Turin, Italy, will have exclusive jurisdiction regarding any dispute arising from this Terms of Service.
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 Updated: 30 0ct 2023