TERMS AND CONDITIONS OF USE
Last Updated: July 17, 2020
SHANNON DOOLING DANCES, LLC (“SDD”) OWNS AND OPERATES THE SERVICES. SDD RESERVES THE RIGHT TO CHANGE ANY TERMS OR CONDITIONS WITHOUT NOTICE, EFFECTIVE UPON THEIR POSTING. SDD OR ITS SERVICE PROVIDERS, ADDILIATES AND BUSINESS ASSOCIATES MAY IMPOSE LIMITS ON CERTAIN FEATURES AND SERVICES OR RESTRICT YOUR ACCESS TO PARTS OR ALL OF THE SERVICES WITHOUT NOTICE OR LIABILITY; SDD MAY ALSO TERMINATE YOUR USE OF THE SERVICES AT ANY TIME IN ITS SOLE DISCRETION.
Use of Services; Ownership of Intellectual Property Rights. All test, photographs, images, illustrations, artwork, audio and video clips, design, software, graphic material, trademarks, service marks and trade names, and all intellectual property rights in and to such items (hereinafter “Content”) constitute the sole and exclusive property of SDD or its subsidiaries, affiliates, licensors and content providers. The User is granted a personal, non-exclusive, non-assignable and non-transferable license to use the Content for non-commercial and personal, informational use only. The following acts are additionally prohibited without SDD’s prior written approval: copying of the Services or the Content or any portion, variations or derivatives thereof; reproduction, modification, creation of derivative works, display, performance, publication, distribution, dissemination, broadcast or circulation of any Content, in whole or in part (including without limitation, the display and distribution of the Content via a third party application or Website); and disassembling, decompiling, reverse engineering or otherwise modifying the Content.
User Conduct Guidelines. SDD requests that the User not impede or inhibit any other User from using and enjoying the Services. Therefore, in using the Services, you agree not to: disrupt or interfere with the security of, or otherwise abuse, the Services, system resources, accounts, servers or networks connected to or accessible through the Services or affiliate linked websites/services; upload, post, or otherwise transmit through or on the Services any viruses or other harmful, disruptive or destructive file; use or attempt to use another’s account, service or system, or link to another site, without authorization from SDD, or create or use a false identity on the Services; or transmit through or on the Services spam, chain letters, junk mail or other types of unsolicited mass e-mail to people or entities who have not agreed to be part of such mailings. User is responsible for taking precautions as necessary to protect User and User’s computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. SDD RESERVES THE RIGHT TO REMOVE ANY CONTENT THAT IN ITS SOLE DISRECTION BELIEVES IS INFRINGING, DEFAMATORY, ILLEGAL OR OFFENSIVE, OR OTHERWISE AS MAY BE PERMITTED UNDER THE DIGITAL MILLENNIUM COPYRIGHT ACT OR OTHER APPLICABLE LAW. FURTHER, ANY UNAUTHORIZED OR PROHIBITED USE MAY ADDITIONALLY SUBJECT THE OFFENDER TO CIVIL LIABILITY AND CRIMINAL PROSECUTION UNDER APPLICABLE FEDERAL AND STATE LAWS.
Disclaimer – Use by User. USER EXPRESSLY AGREES THAT USE OF THE SERVICES IS AT USER’S SOLE RISK. NEITHER SDD, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS, SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, OR AS TO THE ACCURACY, RELIABILITY, SECURITY OR CONTENT OF ANY INFORMATION OR SERVICE CONTAINED IN OR PROVIDED THROUGH THE SERVICES.
Disclaimer – Content. THE SERVICES, ALL CONTENT AND INFORMATION PROVIDED THEREIN, AND ALL DOWNLOADABLE SOFTWARE, SERVICES, AND THE LIKE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, AND ALL SUCH WARRANTIES, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY DISCLAIMED AND EXPRESSLY NEGATED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY SDD, ANY OF ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY SERVICE PROVIDERS, THIRD PARTY INFORMATION PROVIDERS, LICENSORS OR THE LIKE, SHALL CREATE A WARRANTY; NOR SHALL USER RELY ON ANY SUCH INFORMATION OR ADVICE. USER HEREBY ACKNOWLEDGES THAT SDD IS NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND USER RELEASES SDD FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER. USER UNDERSTANDS THAT IF USER DOWNLOADS FROM, OR OTHERWISE OBTAINS CONTENT OR SERVICES THROUGH, THE WEBSITE AT USER’S OWN DISCRETION AND RISK.
Disclaimer – Medical. Notwithstanding any other disclaimer within the Services or in these Terms and Conditions, SDD strongly recommends that User consults with a physician or medical provider before using any Services, including, but not limited to, dance videos, documents with dance instructions and lessons, or any other dance or fitness related services. User should be in good physical condition and be able to participate in any dance routine prior to participation with the services. SDD is not a licensed medical care provider and represents that it has no expertise in diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific Service or Service offering on a medical condition. User should understand that in participating in any dance related activity or any other activity associated with the Services, there is a possibility of physical injury. If you engage in any of the Services, you do so at your own risk, are voluntarily participating in these activities, and assume all risk of injury to yourself and agree to release and discharge SDD from any and all claims or causes of action, unknown or known, arising out of the Services.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SDD, ITS PARENTS, AFFILIATES, EMPLOYEES, AGENTS OR ANY THIRD PARTY INFORMATION PROVIDER, SERVICE PROVIDERS, LICENSOR, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SERVICES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, LOST PROFIT, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES THAT RESULT FROM OR ARE RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT OR DESTRUCTION.
Indemnification. User agree to indemnify and hold harmless SDD, its contractors, licensors, parents, affiliates and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of User’s use of the Services, including but not limited to User’s violation of this Agreement.
Advertisements. SDD reserves the right to display advertisements on any and all pages. Additionally, SDD reserves the right to display attribution in the blog footer or toolbar. Footer credits may not be removed regardless of upgrades purchased.
Termination. SDD may terminate User’s access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate this Agreement or its shannondoolingdances.com account (if you have one), User may simply discontinue using the Services. All provisions of these Terms and Conditions which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Changes. SDD reserves the right, at its sole discretion, to modify or replace any part of these Terms and Conditions. It is the User’s responsibility to check these Terms and Conditions periodically for changes. User’s continued use of or access to the Services following the posting of any changes to this Terms and Conditions constitutes acceptance of those changes. SDD may also, in the future, offer new services and/or features through the Services (including, the release of new tools and resources). Such new features and/or services shall be subject to these Terms and Conditions.
Miscellaneous. These Terms and Conditions constitutes the entire agreement between SDD and User concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of SDD, or by the posting by SDD of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Services will be governed by the laws of the state of Arizona, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pima County, Arizona. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under these Terms and Conditions shall be finally settled in accordance with the Arizona Uniform Arbitration Act by three arbitrators appointed in accordance with such rules. The arbitration shall take place in Tucson, Arizona, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce these Terms and Conditions shall be entitled to costs and attorneys’ fees. If any part of this these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. User may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; SDD may assign its rights under this Agreement without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
Comments or Questions. SDD welcomes comments or questions about these Terms and Conditions. User may also contact SDD via email at: Shannondoolingdances@gmail.com