Terms

Changes to Terms of Use

DancerDeals reserves the right, from time to time, with or without notice to you, to change these Terms of Use, including the Privacy Policy and Social Sharing, in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by visiting our website and clicking on “Terms” located at the bottom of the pages of the DancerDeals website. The most current version of the Terms of Use will supersede all previous versions. We will endeavor to post prior version(s) on our website when the Terms of Use are updated. You can see changes from previous versions of the Terms of Use that we have posted by visiting our website and clicking here.

Privacy and Communications Preferences

Any personally identifying information submitted through the DancerDeals service is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of the policy. By using our service, you are consenting to receive certain communications from us. For example, DancerDeals may send you newsletters about new DancerDeals features, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications from us, simply click on the unsubscribe link in our newsletter communications. Please review our Privacy Policy for further detail on our marketing communications.

By using the DancerDeals service, you consent to receiving electronic communications from DancerDeals. These communications will include notices about your account and information concerning or related to our service. These communications are part of your relationship with DancerDeals and you receive them as part of the DancerDeals membership. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

• Cancellation

  You may cancel your DancerDeals subscription at any time. To unsubscribe, simply click the unsubscribe button in any DancerDeals newsletter.

Right to Terminate

We reserve the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Our Service

DancerDeals is an online subscription service providing its members with access to select product discounts.

We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we operate our service. Any description of how our service works should not be considered a representation or obligation with respect to how the service will always work. We are constantly making adjustments to our service and often these adjustments are not completely captured within these Terms of Use.

DancerDeals software: WE DO NOT WARRANT THE PERFORMANCE OF THIS SOFTWARE, INCLUDING ITS CONTINUING COMPATIBILITY WITH OUR SERVICE. Please refer to the Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use. You may not copy or reproduce the software nor may you decompile, reverse engineer, disassemble, modify or creative derivative works of any of the software, or any portion thereof. Any unauthorized use of the software is strictly prohibited and DancerDeals reserves the right to not provide the software (including updates) to you at any time and to discontinue the ability to access the DancerDeals service through such software at any time, without prior or any notice.

Features & Functionality

• Social Media

  You may elect to share information about your use of the DancerDeals service on other social networks. Your use of our social features is subject to our Social Terms (http://dancerdeals.com/social-terms).

• Member Reviews & Comments

  We may permit you to post reviews and comments of products available through the DancerDeals service. We do not regularly review the content posted on the DancerDeals website; however, we reserve the right to reject, remove or edit such content at anytime without notice. Reviews and comments should not be posted that contain: harsh, profane or discriminatory language; illegal, obscene, threatening, defamatory or otherwise objectionable content; URLs, phone numbers, mailing or e-mail addresses, personal attacks on the product’s creative personnel; misleading information regarding the origin of the content; or a discussion of DancerDeals policies or services. You understand and agree that we may, but are not obligated to, review the content and may delete or remove it (without notice) in our sole and absolute discretion, for any reason or no reason. Please also see “Use of Information Submitted” below.

  BY SUBMITTING A REVIEW OR COMMENT, YOU UNDERSTAND AND AGREE THAT YOU ARE CONSENTING TO THE RELEASE OF ALL INFORMATION PROVIDED IN YOUR REVIEW OR COMMENT, INCLUDING YOUR RATING OF A PRODUCT, TO A PUBLIC FORUM, INCLUDING OTHER MEMBERS OF, AND VISITORS TO, THE DancerDeals SERVICE. IF YOU DO NOT WANT YOUR REVIEWS TO BE SHARED IN A PUBLIC FORUM, DO NOT USE THE REVIEW OR COMMENT FEATURE.

  Use of the Reviews and Comments feature is for your personal, non-commercial use and is at your own option and risk.

  The Reviews and Comments feature may change without notice to you and the degrees of associated information sharing and functionality may also change without notice.

• Parental Controls

  Please note the DancerDeals service is not intended to be used by children without involvement, supervision, and approval of a parent or legal guardian. The Account Owner should not reveal the account password to a child.

• Feeds

  Members from certain countries may have access to RSS feeds as a convenient way to pass information about your DancerDeals account or that is publicly available on the DancerDeals site to your RSS reader or an RSS-associated website of your choice. RSS stands for Really Simple Syndication. It allows information to be published in a standard XML format that can be accessed via a URL. DancerDeals may also choose, at any time, to provide feeds in other formats, such as Atom. All use of the RSS and other feeds (“Feeds”), including obtaining a Feed from the DancerDeals website or receiving it into an application or website or displaying the content received from such Feeds, is at your own option and risk, and is covered by the Terms of Use for DancerDeals. By using the DancerDeals Feeds, you agree to be bound by the Terms of Use for DancerDeals. In particular, you acknowledge and agree that you are consenting to the information about your account being transferred to the location of the Feed as enabled by you and that your use of a Feed may cause personally identifying information to be associated with you, even if such information is not provided by the Feed.

Account Access; Identity Protection

If you find that you’re a victim of identity theft and it involves a DancerDeals account, you should notify Customer Service. Then, you should report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the DancerDeals website and not through a hyperlink in an email or any other electronic communication, even if it looks official. DancerDeals reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. DancerDeals is not obligated to credit or discount a membership for holds placed on the account by either a representative of DancerDeals or by the automated processes of DancerDeals.

Disclaimers of Warranties and Limitations on Liability

THE DancerDeals SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE DancerDeals SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE AND OUR LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE DancerDeals SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. DancerDeals DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE DancerDeals SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT DancerDeals MAY ELIMINATE OR OTHERWISE MODIFY ANY OR ALL ASPECTS OF THE DancerDeals SERVICE, INCLUDING FEATURES, WITHOUT COMPENSATION OR NOTICE TO YOU. DancerDeals SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DancerDeals READY DEVICES, AND DancerDeals SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). Without limiting the foregoing, we assume no liability or responsibility for any of the following: (i) errors or omissions in the content delivered by the DancerDeals service or on the DancerDeals website or user interfaces; (ii) recommendations or advice of Customer Service; (iii) any failure or interruption in the availability of the DancerDeals service and/or website or user interfaces, (iv) delivery and or display of any content contained on the DancerDeals website, user interfaces, or otherwise through the DancerDeals service; and (vii) any losses or damages arising from the use of the content provided on the DancerDeals website, user interfaces, or otherwise through the DancerDeals service itself, including any losses or damages arising from downloading of related software, downloading and/or use of any other software, website or user interfaces. TO THE EXTENT ALLOWABLE BY LAW, WE AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not make any representations with respect to the content regarding a DancerDeals service or the descriptions of any product contained on our website and user interfaces. We do not represent or guarantee that your use of the DancerDeals service will be free from interruption, loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon DancerDeals or its affiliated parties.

IN NO EVENT SHALL DancerDeals, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSS, WHETHER OR NOT ADVISED OF THE POSSIBILITY OF DAMAGE, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE DancerDeals SERVICE, OUR WEBSITE AND USER INTERFACES, AND ALL CONTENTS AND SOFTWARE ASSOCIATED THEREWITH, OR OTHERWISE RELATED TO THE DancerDeals SERVICE, INCLUDING ANY FEATURES OR FUNCTIONALITIES ASSOCIATED THEREWITH. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES FOR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE DancerDeals SERVICE, INCLUDING OUR WEBSITE AND USER INTERFACES, AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION OR OTHER SECTIONS OF THESE TERMS OF USE, INCLUDING ANY PORTION OF THE PRIVACY POLICY OR THE EULA, TO BE UNENFORCEABLE, THEN THOSE PORTIONS DEEMED UNENFORCEABLE SHALL BE SEVERED AND THE TERMS OF USE SHALL BE ENFORCED ABSENT THOSE PROVISIONS AND ANY LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

Intellectual Property

• Copyright

  The DancerDeals service, including all content included on the DancerDeals website and user interfaces, or delivered to members as part of the service, including, but not limited to, videos you can watch instantly, text, graphics, logos, designs, photographs, button icons, images, audio/video clips, digital downloads, data compilations, and software, are the property of DancerDeals or its licensors and are protected by United States and international copyright, trade secret or other intellectual property laws and treaties. The compilation of all content and any software or other materials provided by DancerDeals on our website and user interfaces, or in connection with the DancerDeals service are the exclusive property of DancerDeals and its licensors and are protected by the copyright and trade secret laws in the territories in which the DancerDeals service operates and by international treaty provisions. Content shall not be reproduced or used without express written permission from DancerDeals or its licensors. You agree to adhere to the restrictions set forth under “DancerDeals streaming software” and “Limitations on Use.” You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the DancerDeals service, not to insert any code or product or manipulate the content of the DancerDeals service in any way, and not to use any data mining, data gathering or extraction method. DancerDeals reserves the right to terminate your membership hereunder if DancerDeals, in its sole and absolute discretion, believes that you are in violation of DancerDeals software restrictions, restrictions against copying videos provided to you by us, or other unauthorized copying or use of our proprietary content in violation of the copyrights of DancerDeals and its licensors. DancerDeals does not promote, foster or condone the copying of videos or any other infringing activity. The use of the DancerDeals service, including videos made available to you by us, is solely for your personal and non-commercial use. Please see the instructions at the end of these Terms of Use for notifying us of the presence of any allegedly infringing content of the DancerDeals service, including any on the DancerDeals website and user interfaces.

• Trademarks

  DancerDeals is a registered trademark of DancerDeals. The DancerDeals logo and dancerdeals.com are trademarks or service marks of DancerDeals. The DancerDeals website and user interfaces, including but not limited to its graphics, logos, page headers, button icons, scripts and service names constitute trade dress of DancerDeals, Inc. The trademarks, service marks and trade dress of DancerDeals may not be used or reproduced without prior written approval from DancerDeals and may not be used in connection with any product or service that is not affiliated with DancerDeals, in any manner that is likely to cause confusion among customers, in any manner that dilutes the rights of DancerDeals, or in any manner that disparages or discredits DancerDeals. Other trademarks that appear on the DancerDeals website and user interfaces are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by DancerDeals. Any images of persons or personalities contained on the DancerDeals website and user interfaces are not an indication or endorsement of DancerDeals or any particular product or our service unless otherwise indicated.

Use of Information Submitted

DancerDeals is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the DancerDeals service, including the DancerDeals website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the DancerDeals service. Furthermore, by posting any Feedback on our site, submitting Feedback to us, or in responding to questionnaires, you grant us a perpetual, worldwide, non-exclusive, royalty-free irrevocable license, including the right to sublicense such right, and right to display, use, reproduce or modify the Feedback submitted in any media, software or technology of any kind now existing or developed in the future.

Please note DancerDeals does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to DancerDeals. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against DancerDeals and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Service Testing

From time to time, we test various aspects of our service, including our website, user interfaces, service levels, plans, promotions, features, availability of videos, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

Customer Service

If you need assistance with your account, you may contact us using by sending an email to deals@dancerdeals.com. Please be sure to include the name and email address of the DancerDeals member. A customer service representative will follow-up with you as quickly as possible.

The Disclaimers of Warranties and Limitations of Liability set forth in these Terms of Use expressly apply to the use of Customer Service. We may utilize the services of third parties in providing you customer service support.

Your Conduct in Accessing the DancerDeals Service

By accessing the DancerDeals service, including the DancerDeals website and user interfaces, you agree to use the DancerDeals service, including all features and functionalities associated therewith, the website and user interfaces and all content and software associated therewith in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the DancerDeals service. You also agree not to impersonate any other person while using the DancerDeals service, conduct yourself in a vulgar or offensive manner while using the DancerDeals service, or use the DancerDeals service for any unlawful purpose.

You agree that all of the foregoing restrictions apply not only to the DancerDeals service, but also to the servers and networks connected to any portions of the DancerDeals service whether operated by DancerDeals or third parties (“Networks”). You agree not to interfere with Networks, violate any of the procedures, policies or regulations applicable to Networks, use Networks in a way that harms or impairs anyone else’s use of Networks, use Networks to gain unauthorized access to any service, data, account or other networks, use Networks to falsify any protocol or email header information (e.g., “spoofing”), use Networks to send “spam” (i.e., unsolicited bulk email or commercial messages) or items of a destructive or deceptive nature, or remove, modify, or tamper with any regulatory or legal notice or link that is incorporated into Networks.

Limitations on Use

You must be 18 years of age or older to become a member of the DancerDeals service. In certain jurisdictions, the age of majority may be older than 18, in which case you must satisfy that age in order to become a member. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use. While DancerDeals does distribute products that may be watched by children, the DancerDeals service is not intended to be used by children, without involvement, supervision, and approval of a parent or legal guardian (see also “Parental Controls”). Unless otherwise specified, the DancerDeals service, and any content viewed through our service, are for your personal and non-commercial use only and we grant you a limited, non exclusive, non transferable, license to access the DancerDeals service for that purpose. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You may not download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the DancerDeals service, without our express written consent. DancerDeals does not promote, foster or condone the copying of videos, digitally delivered content, or any other infringing activity. You may not circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the DancerDeals service. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of DancerDeals without our express written consent. You may not purchase search terms or use any meta tags or any other “hidden text” utilizing the DancerDeals name or trademarks without our express written consent. Any unauthorized use of the DancerDeals service or its contents will terminate the limited license granted by us and will result in the cancellation of your membership.

Links and Pages

Some of the hyperlinks on the DancerDeals website may lead to other websites or other content that are not controlled by, or affiliated with, DancerDeals. In addition, other websites may link to the DancerDeals website or DancerDeals may include links to the websites of businesses, including those that have associations with us through certain programs. DancerDeals has not reviewed these websites and is not responsible for the offerings of any of these sites or the content, privacy policies or terms of use of these websites or Applications. You acknowledge and agree that DancerDeals is not responsible or liable for, and does not otherwise warrant, the actions of these third parties, the products or contents on their websites, or the performance of any Applications and devices. These linked websites have separate and independent privacy statements, notices and terms of use, which we recommend you read carefully.

Claims of Copyright Infringement

It is the policy of DancerDeals to respect the intellectual property rights of others. DancerDeals does not condone the unauthorized reproduction or distribution of videos or other copyrighted content. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the DancerDeals service, please notify us at deals@dancerdeals.com

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the state of California, U.S.A. without regard to conflict of laws provisions. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Arbitration Agreement

You and DancerDeals agree that any dispute, claim or controversy arising out of or relating in any way to the DancerDeals service, including our website, user interfaces, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and DancerDeals are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your DancerDeals membership.

If you elect to seek arbitration, you must first send to DancerDeals, by certified mail, a written Notice of your claim (“Notice”). The Notice to DancerDeals should be addressed to: General Counsel, DancerDeals, Inc., 529 Market St. #3B, San Diego, CA (“Notice Address”). If DancerDeals elects to seek arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by DancerDeals, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If DancerDeals and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or DancerDeals may commence an arbitration proceeding or file a claim in small claims court. During the arbitration, the amount of any settlement offer made by DancerDeals or you shall not be disclosed to the arbitrator. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Any arbitration hearings will take place in the county (or parish) of San Diego, CA. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.

YOU AND DancerDeals AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and DancerDeals agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.