Terms and Conditions — Dancing with Markers

Website Terms and Conditions

By using this Site, you agree to be bound by the Dancing with Markers®, LLC (“Dancing with Markers®”, “Dancing”, “we”, “us” and/or “our”) Terms of Service that follow, in addition to our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products, services, training and contents available through the Site. If you do not accept the terms contained on this page, you should cease the use of this website immediately. Dancing reserves the right to change any of these terms at any given time.

All views and opinions expressed on this site represent those of the Dancing team only, and should not be construed as statements of fact or commentary on any specific company, individual or thing. We recommend that you do other research before making any personal or business decisions, and any decisions that you make will not be based on information provided on this site. As such, we will not be held liable to compensate you in any way whatsoever if you ever happen to suffer a loss, inconvenience, or damage due to information displayed or stated on our website. Dancing cannot be responsible for the actions of individuals outside of our company.

We are committed to providing up-to-date information, but can’t make representations or warranties of any kind, expressed or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, trainings or contents. The Site contains a large amount of data, and errors are likely to occur; for example, changes in dates and times of events. We therefore do not accept any liability for errors or omissions with regards to content of the Site. Should you find any inaccurate information on the Site, please inform us, and we shall correct it as soon as it is practical to do so.

Intellectual & Copyright Policy

All photos and text used in this site are the intellectual property of Dancing unless otherwise stated. Additionally, unless otherwise noted, we are also the legal copyright holder of all material, content and trainings available on this website or delivered through it, and it may not be used, reprinted, modified, or published without our permission. If you would like to use any of the photos, content, video, works or text found in this website, please contact the team stating your intention and purpose.

The Site is provided solely for personal, noncommercial use. You may not use the Site or the materials in any medium, available for any purpose which we have not explicitly authorized. More specifically, you may not modify, copy, reproduce, republish, upload, post, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site without prior permission of Dancing. You may, however, download, print, and/or share one copy of individual pages of the Site for non-commercial use, provided that you credit us accordingly. This does not include publication through online or commercial means. You may provide links to our website without permission.

By posting or submitting any material (including, without limitation, comments, blog entries, Facebook or other social media postings, photos and videos) you are representing that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material. In addition, when you submit any material, through any means, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose.

Dancing creates all of our content and sources our images via Creative Commons or licensed stock photos. All photos are properly credited, however, if we have missed any, please send us a message and we will immediately remove it or provide credit as necessary.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

License and Access

Subject to your full compliance with these Conditions of Use and any applicable Service Terms, and your payment of any applicable fees, Dancing grants you a limited, non-exclusive, non-transferable, non-sublicensable and fully revocable license to access and make personal, non-commercial use of the Dancing products, training, content or services. The license granted herein does not include: any resale or commercial use of any Dancing goods, training, content or services, or any derivative use of any Dancing’ Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots (bots), or similar data gathering and extraction tools.

All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Dancing or its licensors, suppliers, publishers, rightsholders, or other content providers. Dancing reserves the right to refuse service, terminate accounts, and/or cancel orders in our sole discretion, including, without limitation, if we believe that customer conduct violates these Conditions of Use, applicable law, or is harmful to our interests. In other words, you may not misuse Dancing’s products, training, contents or services.

Payment Security

All online payments are processed securely through third-party payment processors: PayPal, Stripe, Kajabi and SquareSpace. As such, you agree that Dancing is not responsible for the security of your payment. Please refer to the privacy and security standards on the website of your chosen processor before processing payment.

Refund Policy

All sales are Final. As Online Courses and other Digital Products are comprised of videos, images, and/or documents that are able to be used upon receipt, Dancing does not offer Refunds on its Digital Products. For online payment of consulting services, please refer to the terms of the specific consulting agreement.

In the instance that you feel the course or digital product did not meet your needs or expectations, you may request a refund through the Contact page. Dancing may grant a partial or full refund based on the nature of the request at its sole discretion.

For live events and trainings, Dancing will refund registration fees in the instance of a full event cancellation by Dancing, according to the terms of the registration form.

Disclaimers and Limitations of Liability

Disclaimers. Except as expressly provided in these terms and to the extent permitted by applicable law, the services are provided “as is” and Dancing does not make warranties of any kind, express, implied, or statutory, including those of merchantability, fitness for a particular purpose, and non-infringement or any regarding availability, reliability, or accuracy of the services.

Exclusion of Certain Liability. To the extent permitted by applicable law, Dancing its affiliates, officers, employees, agents, suppliers, and licensors will not be liable for any indirect, consequential, special, incidental, punitive, or exemplary damages whatsoever, including damages for lost profits, loss of use, loss of data, arising out of or in connection with the services and these terms, and whether based on contract, tort, strict liability, or any other legal theory, even if Dancing has been advised of the possibility of such damages and even if a remedy fails of its essential purpose.

Limitation of Liability. To the extent permitted by applicable law, the aggregate liability of Dancing, it’s affiliates, officers, employees, agents, suppliers, and licensors arising out of or in connection with the services and these terms will not exceed the greater of : (A) the amounts paid by you to Dancing for use of the services at issue during the three (3) months prior to the event giving rising to the liability; and (b) US$25.00.

Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

Businesses. If you are a business, you will indemnify and hold harmless Dancing and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third-party claim regarding or in connection with your use of the Services or a breach of these Terms, to the extent that such liabilities, damages and costs were caused by you.

Other Terms

Assignment. You may not assign these Terms without Dancing’ prior written consent, which may be withheld in Dancing’s sole discretion. Dancing may assign these Terms at any time without notice to you.

Entire Agreement. These Terms® (including the Additional Terms) constitute the entire agreement between you and Dancing, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

Independent Contractors. The relationship between you and Dancing is that of independent contractors, and not legal partners, employees, or agents of each other.

Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

Precedence. To the extent any conflict exists, the Additional Terms prevail over these Terms and Conditions with respect to the Services to which the Additional Terms apply.

Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

Third Party Beneficiaries. There are no third-party beneficiaries to these Terms.

Affiliate Disclosure

Please read our affiliate earnings disclaimer below. For further information, please take a look at the Privacy Policy and Terms of Service that govern the use of this website. This affiliate disclosure details affiliate relationships that Dancing with Markers®, LLC (“Dancing with Markers®”, “Dancing” or “we”) has with other companies and products.

Please note that we only recommend products and services that we’ve personally used, tried out, or can truly recommend.

Dancing makes no representations, warranties, or assurances as to the accuracy, currency or completeness of the content contained on this website. Links to any external sites, including affiliates are made for your convenience. While we may recommend products or services, Dancing does not regularly review websites and makes no representations as to the accuracy, currency or completeness of any information, nor to the continuing quality of products or services.

Any reliance you place on such information is strictly at your own risk.

Amazon

Dancing is also a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.

Contacting Us

If you have any questions regarding our affiliate disclaimer, or your dealings with our website, please contact us.