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Terms and Conditions - 01MAY26

Contents

  1. Definitions
  2. Overview
  3. Access to The Service
  4. Health and Safety
  5. Membership
  6. Promotional Offers
  7. Continuity of Content
  8. Billing & Cancelation
  9. Payment Methods
  10. Changes to Subscription Plans, including Fees
  11. The Karen Clause
  12. Sanctions
  13. Password and Account Access
  14. Warranties, and Limitations on Liability
  15. Governing Law
  16. Class Action Waiver
  17. Agreement to Arbitration
  18. Survivabilty
  19. Changes to thes Terms and Conditions
  20. Electronic Communications

1. Definitions:

  • The Dance Video Place –  “TDVP”, “the Service”, “Us”, “We”

  • Smart device – internet and or wi-fi capable and connected device.

  • Terms of Service – “TOS”, “Terms”.

  • Singular is taken to also mean plural, and vice versa.

  • You – “Member”, “User”, “Subscription Member”

  • Content – the video streams, audio streams, images and text made available to Users in the normal enjoyment of the Service., NOT including any corporate, administrative, or other material or thing which may be incorporated in the website proper.

  • “Offer” – a unique product or deal limited by consent and/or time.

2. Overview

The Dance Video Place provides a personalised subscription service that allows Members to access streaming content related to (most things) dance (the “content”) over the Internet on certain “smart” TVs, computers and other devices.

TDVP offers both Free and paid Subscriptions.

2. Limited Licence Only

By using TDVP you acknowledge that you have been granted a Special and Limited Licence to view the content of the Service.

At NO TIME does any Copyright nor ownership of ANY content transfer to you.

TDVP offers both Free and paid Subscriptions.

10. Changes to the Price and Subscription Plans. 

We may change our subscription plans and the price of our service from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you.

5. Membership Plans

To use the Service you must have Internet access and a suitable smart device. You are responsible for any and all costs and charges associated with accessing the Internet.

You must provide a suitable Credit Card/Debit Card as payment method.

Unless you cancel your Subscription Membership before your billing date, you authorise the Service to charge the membership fee for the next billing cycle to your nominated Card.

We may offer a number of membership plans, including:

  • Free – can access the Service and view all portions of the website including sample videos, promotional videos and the Free Weekly Dance Lesson, with the exception of any content covered by Full Subscription Membership or otherwise stated exclusion;

  • Full Subscription – allowing you to view any and all content on the Service.

  • Personal Library Curation* – with a minimum of a Free subscription, Member can purchase a 10 year Personal Licence allowing them to view a specific presentation in it’s entirety for the 10 year period without further payment.

(* Not available on all presentations)

19. Changes to Terms of Use and Assignment. 

The Service may, from time to time, change these Terms of Service.

We will notify you at least 30 days before such changes apply to you.

We may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

18. Survival

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

16. Class Action Waiver. 

WHERE PERMITTED UNDER THE APPLICABLE LAW OF NEW SOUTH WALES, YOU AND THE DANCE VIDEO PLACE 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, where permitted under the applicable law, unless both you and The Dance Video Place agree otherwise, the court 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.

Governing Law. 

These Terms of Service shall be governed by and construed in accordance with the laws of Australia in general, and the State of New South Wales in particular.

14. Warranties and Limitations on Liability. 

The TDVP service is provided “as is” and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.

Quality of the Video and Audio components of the Content may vary due to factors outside of the control of the Service, which might include your available band width, internet speed, wifi capacity and various environment factors.

13. Passwords and Account Access. 

The Member who created the TDVP User Account and whose Payment Method is charged is responsible for any activity that occurs through TDVP account.

To maintain control over the account and to prevent anyone from accessing the account (which would include information on viewing history for the account), the Account Owner should maintain control over the TDVP ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone.

You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, TDVP or our partners from identity theft or other fraudulent activity.

12. Sanctions

We may terminate or restrict your use of the Service if you violate these Terms of Service or are engaged in illegal or fraudulent use of the Service.

We can terminate your User Account, or place your Account on hold in order to protect you, TDVP or our partners from identity theft or other fraudulent activity.

3. To Access This Service

You must be at least 18 years of age to become a member of the TDVP service. Minors may only use the service under the supervision of an adult.

TDVP service and any content accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household.

During your TDVP membership we grant you a limited, non-exclusive, non-transferable right to access the Content of the Service, consistent with your Subscription Membership options.

Except for the foregoing, no right, title or interest shall be transferred to you.

You agree not to use the service for public performances.

You may access the Service Content primarily within the country in which you have established your account, and only in geographic locations where we offer our service and have licensed such content.

The content that may be available will vary by geographic location and may change from time to time.

The number of devices on which you may simultaneously watch is limited to two (2) devices.

You agree to use the Service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.

You agree not to archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorised in these Terms) any Content and information contained on or obtained from or through the Service.

You also agree not to or attempt to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the Service; use any robot, spider, scraper or other automated means to access the Service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Service; insert any code or product or manipulate the content of the Service in any way; or use any data mining, data gathering or extraction method.

In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Service, including any software viruses or any other computer code, files or programs.

8. Continuity of Content

We may vary the Content on the Service, and may add to, modify or delete and individual piece at any time.

In the event a particular piece of Content is to be deleted, a “30 day notice” will be included in the Content main page, indicating the date that Content is to be removed from the Service.

If required by law, the Service reserves the right to remove any Content without notice or redress.

9. Suitability, Warranties and Liability

No guarantee of accuracy or suitability is made for any content as to its alignment or accuracy with any amateur or professional bodies standards or requirements with regard to competition or progression of status.

The Service is provided “as is” and without warranty or condition that it may not be uninterrupted or error-free.

You waive all special, indirect and consequential damages against us.

These TOS will not limit any non-waivable warranties or mandatory consumer protection rights that apply to you.

11. The KAREN Clause

TDVP reserves the absolute right to choose who we do and do not do business with. Inappropriate, offensive or abusive behaviours (including communications) may result in immediate termination – without recourse – of any account, and a permanent ban from the site.

4. Delete User Account

Your User Account can be terminated and deleted at any time.

Follow the prompts on your User Account homepage “Delete Personal Data”.

Deletion of your personal data is NOT recoverable.

6. Promotional Offers. 

We may from time to time offer special promotional offers, plans or memberships.

The Service reserves the right to revoke any Offer and revert, or put on hold, your account in the event that we determine you are not eligible.

We may use information from your User Account, method of payment, and IP address to determine eligibility.

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8. Billing and Cancellation

The membership fee for the Service and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific payment date indicated on the “Account” page.

The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the service.

A Full Subscription Membership will be billed on the same date each month matching your original sign-up (e.g. the 10th, or the 15th of each month etc.).

A “TRIAL” Membership will be billed 72 hours (3 days) after initial sign-up unless other wise cancelled or reverted.

In some cases your payment date may change if your paid membership began on a day not contained in a given month.

Your Membership Subscription with TDVP will continue until terminated by either you or the Service.

You can cancel any recurring Subscription at any time, by selecting the “Cancel” link on your User Account homepage.

You will still be able to access the Content for that Subscription for the balance of the period until it would be due for renewal.

To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial membership periods or unused Content.

You will also find historic billing information about your TDVP membership by visiting your User Account homepage.

9. Payment Methods. 

To use the Service you must provide one or more Payment Methods. 

You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method.

17. Agreement to Arbitration. 

Any dispute, controversy or claim arising out of, relating to or in connection with THESE TERMS AND CONDITIONS, including any question regarding its existence, validity or termination, shall be resolved by arbitration in accordance with THE COMMERCIAL ARBITRATION ACT 2010 (NSW). The seat of arbitration shall be Sydney, New South Wales, Australia. The language of the arbitration shall be English. The number of arbitrators shall be one, chosen by mutual agreement, via recognised institutional lists (e.g. ACICA). PARTIES AGREE THAT THIS ARBITRATION WILL BE BINDING AND FINAL.

4. Health & Safety

Participating in any activity depicted in the Content is solely your personal decision.

You should seek Medical Advice before undertaking physical activity.

20. Electronic Communications

Promotional Materials may be sent as regular information packages describing new or different Content or features of the Service.

You are free to “Opt-In” or “Opt-Out” of these communications when originally signing up, or via your User Account page.

Information relating to your account – we will contact you – in electronic form only, via your email address associated with your User Account – regarding changes to any Agreements, Terms of Service, Privacy Policy or similar, and also to clarify and/or correct payment authorisations, invoices, changes in password or similar.