FRED ASTAIRE ONLINE LESSONS TERMS OF SERVICE
Welcome to Fred Astaire Online Lessons! It is our pleasure to provide the services described below for your personal enjoyment and entertainment in accordance with these Terms of Service(“Terms”). Please take a moment to carefully read through these Terms.
Fred Astaire Online Lessons d/b/a FADS Distribution, LLC (“FADS”, “Fred Astaire Online Lessons”, “we”, or “us”) maintains this Website, www.fredastaireonlinelessons.com, for your personal entertainment, shopping, information, education, and communication.
Your access to and use of this Site is subject to the following terms of service (“Terms of Service”) and all applicable laws. By downloading any content or accessing any part of the Service, you are agreeing to these terms of service and all other policies or notices posted by us on the Fred Astaire Online Lessons Website (collectively, the “Terms”).
CHANGES TO TERMS
We may need to make changes to these Terms from time to time for many reasons. For example, we may need to reflect updates in how the Services work or changes in the law. It is your responsibility to review these Terms from time to time for any changes as they create a binding legal agreement between you and Fred Astaire Online Lessons. Therefore, it is important that you keep your account information, including email address, updated. We can change the Terms at any time without any notice to you, and by continuing to use the Service, you agree to be bound by all such modifications or revisions. It is your responsibility to review these Terms from time to time for any changes as they create a binding legal agreement between you and Fred Astaire Online Lessons.
MEMBERSHIP, BILLING & CANCELLATION
Your Fred Astaire Online Lessons membership will continue month-to-month or year-to-year and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the Fred Astaire Online Lessons service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing of the next cycle fees to your Payment Method. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Recurring Billing. By starting your Fred Astaire Online Lessons membership and providing or designating a Payment Method, you authorize us to charge you a monthly or yearly membership fee at the then current rate, and any other charges you may incur in connection with your use of the Fred Astaire Online Lessons service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month or year may vary for reasons that may include differing amounts due to promotional offers, including promotional code redemption, and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts.
Single Courses: Courses not included in any membership can be purchased individually. No Refunds policy applies.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS OR SINGLE COURSES. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Your Account” link, available at the top of the pages of the Fred Astaire Online Lessons website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to retry billing your Payment Method after failed attempts (e.g., if your Payment Method is rejected). We also reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs. We may update your Payment Method with information provided by the applicable payment service provider, and you authorize us to continue to charge the membership fee to the updated Payment Method. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Fred Astaire Online Lessons membership at any time, and you will continue to have access to the Fred Astaire Online Lessons service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH OR PARTIAL-YEAR MEMBERSHIP PERIODS OR UNWATCHED FRED ASTAIRE ONLINE LESSONS CONTENT. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “View billing details” on the “Your Account” page.
Any and all audio and/or visual elements of the Service, including without limitation, any HTML, files, text, graphics, images, illustrations, photographs animation, video/audio or audiovisual works, designs or logos, information, and other content made available through the Service (collectively, the “Content”) are the property of Fred Astaire Online Lessons or its content suppliers. Access to and use of the Content are governed by these Terms.
Fred Astaire Online Lessons’s logo, and other graphics, logos, icons, service names, product names and designations associated with FredAstaireOnline.com and appearing in connection with the Service (collectively, the “Marks”) are trademarks, registered trademarks or trade dress of Fred Astaire Online Lessons in the U.S. and/or other countries. The Marks may not be used in connection with any product or service that is not Fred Astaire Online Lessons’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Fred Astaire Online Lessons or the FredAstaireOnlineLessons.com service. You may not use any meta tags or any other “hidden text” with any of the Marks without the express written consent of Fred Astaire Online Lessons. All other trademarks not owned by Fred Astaire Online Lessons that appear in connection with the Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fred Astaire Online Lessons.
Any media (“media”) that is made available to you to download, use and/or purchase from the Service is the copyrighted work of Fred Astaire Online Lessons and/or third parties. Your use of such media shall be governed by applicable United States copyright law. The purchase of certain material on this site may grant you a limited license to view such material through the Website. Access to this content outside of FredAstaireOnlineLessons.com or in any manner inconsistent with the intent of Fred Astaire Online Lessons to permit your viewing of the media exclusively through FredAstaireOnlineLessons.com is strictly prohibited.
Fred Astaire Online Lessons grants you, following your purchase, a non-exclusive, non-transferable, limited right and license to access and use this Service, and view and privately display the Content by way of one or more computers or other authorized devices connected to the Service via IP networks only, and in strict conformity with these Terms. You may “cache” pages of the Service for the sole purpose of increasing the speed and efficiency at which you access the Service in the future and may download that Content that is available on the Service on a download basis. However, no other copy or use of any portion of the Service is permissible except as specifically permitted hereunder, and the same shall constitute an act of copyright infringement. By way of example, and not limitation, subject to the other conditions of these Terms, you may not sublicense, alter, adapt, transmit, publicly perform or display, distribute, customize, modify, add to, delete from, create derivative works based upon any portion of the Content, link or forward any web address to this Service, copy, counterfeit or paste the Content to any other Website or web page. You may not publicly display any portion of the Service, or any films or other audiovisual or digital works available at this Service, without a written license signed by a party authorized to legally bind Fred Astaire Online Lessons to such a contractual arrangement. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree and acknowledge that you shall not acquire any ownership rights by downloading the Content from the Service. You agree that links to the Service are only permitted upon express written permission from and arrangement with Fred Astaire Online Lessons. You acknowledge and agree that modification of the Content or use of the Content for any other purpose is a violation of Fred Astaire Online Lessons’s and possibly other third parties’ copyright and proprietary rights. You agree to use the Content and this Service only for purposes which are lawful in every nation and jurisdiction in the world and all subdivisions thereof. If you violate any provision of these Terms, your permission to use the Service automatically terminates and you must immediately destroy any copy you may have of any of the Content. Any other use or exploitation of this Service, including the Content, is strictly prohibited. You agree not to interrupt, or attempt to interrupt, the operation of the Service in any way.
Fred Astaire Online Lessons or its business partners may provide you and other users with access to the Service or elements of the Service on a variety of internet-connected or internet-connectable devices and Fred Astaire Online Lessons reserves the right to determine which features of the Service are supported and marketed on specific devices and/or platforms.
Fred Astaire Online Lessons offers its Service for non-commercial, entertainment purposes only. Fred Astaire Online Lessons does not warrant the truth or validity of the information contained on the FredAstaireOnlineLessons.com Website or anywhere within the Service. You acknowledge and understand that, because of the possibility of human and mechanical error, mistakes or omissions in the data or information provided, delays or interruptions of the data or information stream from whatever cause, as well as other factors, Fred Astaire Online Lessons is not responsible for errors in or omissions from the information contained or accessed through the Service. ALL INFORMATION AND CONTENT ON THE SERVICE ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
NO RIGHT TO CONTINUED SERVICE
You acknowledge that Fred Astaire Online Lessons licenses some or all of the Content under agreement with third parties, and that Fred Astaire Online Lessons is constantly administering the Service, including the Usage Rules. Fred Astaire Online Lessons may add, delete or disable Content, and/or add, delete, disable or modify some or all of the Service, at its sole election, and you acknowledge: (a) that you may no longer be able to use the Service to the same extent – or at all – as prior to such change or discontinuation, and (b) that Fred Astaire Online Lessons shall have no liability to you in such case. In no event will Fred Astaire Online Lessons be liable for the removal of or disabling of access to any Content, materials or functionality of the Service. Fred Astaire Online Lessons may also impose limits on the use of or access to certain features or portions of the Content or the Service, in any case and without notice or liability.
You acknowledge and agree that any public communications made to or by means of any portion of the Service are public. You acknowledge that (i) you have no expectation of privacy in any public communication and (ii) no confidential, fiduciary, contractually implied or other relationship is created between you and Fred Astaire Online Lessons by reason of your transmitting a public communication to any area of the Service. As used in these Terms, “Your Posted Material” means any information, messages, e-mails, postings, on-line discussions, literary works, drawings, illustrations or images, films or digital content, or any other copyrightable work or non-copyrightable idea, expression, or communication, regardless of whether you authored or created such work or communication, which you cause to be posted to, submitted to, or in any way transmitted via, the Service. You agree that none of Your Posted Material will contain information or content that (i) infringes on the copyright or any other rights of any person or entity; (ii) reveals trade secrets or any information which you have agreed, expressly or implicitly, to keep confidential; (iii) includes sexually explicit images, depictions, or content; (iv) is obscene, indecent, defamatory, abusive, or otherwise unlawful; (v) contains a virus or any other potentially damaging content; (vi) constitutes harassment or stalking; or (vii) constitutes invasion of privacy, or misappropriation of statutory or common law rights to publicity or personality. Additionally, even if such content is legal, you agree that none of Your Posted Material will contain information or content that: (a) contains or constitutes commercial advertising, solicitation, informational announcements, or political tracts; (b) constitutes, contains, or encourages “make-money fast” type messages, “chain letters” or “pyramid schemes” of any type; (c) contains false or misleading information; (d) is purportedly sent from a person other than yourself (e.g., impersonation of another person or user); or (e) with respect to “chat rooms” or other mechanism for real time dialogue between users, disrupts the normal flow of dialogue, or posts comments that are not related to the topic being discussed (unless it is clear that the discussion is free-form). Fred Astaire Online Lessons shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Service for any reason whatsoever. Fred Astaire Online Lessons reserves the right to expel you from or suspend your access to any or all parts of the Service for violating the law or these Terms. Notwithstanding the foregoing, you are solely responsible for all materials you post on or submit to the Service and you acknowledge that Fred Astaire Online Lessons may not be monitoring the Service and you are not relying upon Fred Astaire Online Lessons to monitor the Service. Fred Astaire Online Lessons takes violations of its customers’ rights and its own rights seriously, and makes efforts to report any potential criminal violations to appropriate authorities.
By posting any notes, message/billboard postings, ideas, suggestions, concepts or other material to the Service, or e-mailing them to us, you automatically grant to Fred Astaire Online Lessons a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use, reproduce, modify, publish, edit, translate, distribute, perform, display and otherwise exploit such material, including, but not limited to, all rights in copyright to such material and all elements thereof alone or as part of other works, throughout the universe, in perpetuity, in any form, media, or technology, whether now known or hereafter devised, and to sublicense such rights through multiple tiers of sublicenses, all without any obligation to you, whether by way of compensation, attribution or otherwise. You represent, warrant, and guarantee that (a) you have the full and unrestricted right to grant such rights to your posted material, and that there are no other agreements with any third party in conflict herewith; and (b) Fred Astaire Online Lessons’s exercise of its rights granted by you hereunder shall not infringe upon any copyright or any other subsisting right of any third party. You waive any and all so-called “Moral Rights” or similar rights under any jurisdiction, now or hereafter recognized with respect to Fred Astaire Online Lessons’s (or its assignee’s) exercise of its rights hereunder. Moreover, you agree to indemnify and hold Fred Astaire Online Lessons harmless from and against any and all claims, demands, damages, losses, liabilities and causes of action of any kind or character, made by you or any third party against Fred Astaire Online Lessons, arising out of or relating to Fred Astaire Online Lessons’s exercise of such rights to your posted material, your publication or transmittal of any materials, or your failure to comply or your alleged failure to comply with these Terms.
FRED ASTAIRE ONLINE LESSONS IS NOT LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THIS SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED TO YOU AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SITE IS AT YOUR SOLE RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE EXCLUSION OF IMPLIED WARRANTIES. WHILE ALL INFORMATION PREPARED FOR THIS SITE WAS BELIEVED TO BE ACCURATE AS OF THE DATE PREPARED, FRED ASTAIRE ONLINE LESSONS MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR MERCHANDISE PROVIDED THROUGH THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THIS SITE. FRED ASTAIRE ONLINE LESSONS ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THIS SITE. UPON OUR REQUEST, YOU AGREE TO INDEMNIFY AND HOLD FRED ASTAIRE ONLINE LESSONS HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, THAT ARISE FROM ANY BREACH OF THESE TERMS FOR WHICH YOU ARE RESPONSIBLE, OR FROM THE USE OF THIS SITE.
FRED ASTAIRE ONLINE LESSONS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME FRED ASTAIRE ONLINE LESSONS MAY REMOVE THE SITE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SITE AT ANY TIME, WITHOUT NOTICE TO YOU.
IN NO CASE SHALL FRED ASTAIRE ONLINE LESSONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR ACCESS TO THE SITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY PERSONAL INJURY OR LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, EVEN IF AFred Astaire Online LessonsISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, FRED ASTAIRE ONLINE LESSONS’S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
FRED ASTAIRE ONLINE LESSONS SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITE, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND Fred Astaire Online Lessons HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
WAIVER AND INDEMNITY
BY USING OR ACCESSING THIS SITE, YOU AGREE TO INDEMNIFY AND HOLD FRED ASTAIRE ONLINE LESSONS, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SITE, OR ANY ACTION TAKEN BY FRED ASTAIRE ONLINE LESSONS AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM Fred Astaire Online Lessons, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SITE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF FRED ASTAIRE ONLINE LESSONS’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
The number of devices on which an individual may simultaneously watch is limited to one device per account. Members of Fred Astaire Online Lessons may not share, give or sell their password or username to any other person or entity. Fred Astaire Online Lessons may immediately terminate your account without refund if in its discretion your viewings or logins are excessive to a point that indicates a fraudulent use of its services. By signing up for this service you agree to take all actions possible to protect your username and password from fraudulent use.
JURISDICTION AND GOVERNING LAW
This Agreement will be construed and interpreted in accordance with federal law of the United States of America and the internal laws of the State of Massachusetts as if negotiated, executed and fully to be performed therein, without regard to principles of conflicts of law. The parties consent to the exclusive jurisdiction and venue of the Massachusetts State Courts in Springfield or the Federal Court in Springfield for the District of Massachusetts to adjudicate any dispute under this Agreement.
In the event any provision of this Agreement is determined to be invalid or unenforceable by a court of competent jurisdiction, such determination will in no way affect the validity or enforceability of any other provision herein. This Agreement includes the entire understanding between the parties with respect to the subject matter hereof, and all prior and concurrent oral agreements and all prior written agreements with respect to such subject matter have been merged herein.