TERMS OF SERVICEPopRox Dance LLC (“PopRox”, “Company,” “we,” “us,” or “our”) operates this website and dance services and associated activities within the state of Washington (“Services”). By accessing or using our Services, you (“you” or “your”) agree to be bound by these Terms of Service together with, where applicable, the Booking Terms, Privacy Policy and Anti-Harassment Policy (collectively and individually, the “Terms”). If you do not agree, please do not use our Services.
1. Eligibility
If you are under 18 years of age (or the age of legal majority where you live), you may use our Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in relation to our Services. If you use our Services on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.
2. Registration Data and Account Security
You will need to register for an account to access our Services. When you register for an account, you agree to: (a) provide accurate, current and complete information about you as may be prompted by the registration forms on the website ("Registration Data"); (b) maintain and promptly update the Registration Data, and any other information you provide to PopRox, to keep it accurate, current and complete; (c) maintain the security of your password and identification; (d) notify PopRox immediately of any unauthorized use of your account or other breach of security; (e) accept all responsibility for any and all activities that occur under your account, including but not limited to, all applicable taxes and any applicable third-party fees (including but not limited to credit card fees, foreign exchange fees and cross border fees); and (f) accept all risks of unauthorized access to the Registration Data and any other information you provide to PopRox.
3. Use of Services
While using the Services, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. You will not:
Sell, resell or commercially use our Services;
Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Services, except as expressly permitted by us or our licensors;
Modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services;
Use our Services other than for their intended purpose and in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
Reverse engineer any aspect of our Services or do anything that might discover source code;
Bypass, circumvent, remove, alter, deactivate, degrade or thwart any measures employed to prevent or limit access to any part of our Services;
Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Services;
Develop or use any applications that interact with our Services without our prior written consent;
Bypass or ignore instructions contained in our robots.txt file; or
Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
Enforcement of this Section 3 is solely at PopRox’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 2 does not create any private right of action on the part of any third party or any reasonable expectation that the Services will not contain any content that is prohibited by such rules.
4. Ownership of Intellectual Property
All content and related elements on the PopRox website, including but not limited to text, images, videos, choreography, and any other materials, are protected by copyright, trade dress, moral rights, trademark and other laws relating to the protection of intellectual property. We also appreciate any feedback or other suggestions about our Services that you may submit to us, but you understand that we may use such feedback or suggestions without any obligation to compensate you for them. By providing feedback, you grant us a perpetual, irrevocable, worldwide, and royalty-free right to use, modify, and incorporate your feedback into our services. You may not use, copy, modify, or distribute any of this content without our express written permission or that of our licensors.
5. Limited License
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for personal, non-commercial purposes. This license is subject to these Terms and does not include the right to modify, resell, or otherwise commercially exploit any part of the Services.
6. Trademarks
The PopRox name, logo, and any other product or service name or slogan contained in the website are trademarks of PopRox and its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PopRox or the applicable trademark holder.
7. Third-Party Content
Our Services may include content provided by third parties. We are not responsible for and do not endorse third-party content. You are solely responsible for any use of third-party materials and agree to abide by the terms of any third-party agreements.
8. Payment Terms
You agree to pay for any dance classes or Services you book through our website. All payments must be made in full at the time of booking. We use a third-party payment processor to handle purchases. You agree to their terms of service in addition to these Terms. When you pay, you provide your payment information directly to the processor. They may validate your payment and charge you a fee. We're not responsible if your card issuer declines payment or if you incur additional fees. The processor may use fraud prevention measures and verify your information. In some places, the processor may use other companies to process payments, but they must keep your information confidential. We reserve the right to change our pricing at any time without notice. After you place your order, you will receive a confirmation email via our third-party payment processor (the “Order Confirmation”). If you have not received your Order Confirmation email after 24 hours, please contact us at hello@poproxdance.com. You acknowledge that we are not responsible for any errors or issues related to payment processing and that your payment information is subject to the privacy policies of those third-party processors.
9. All Sales Are Final
All sales, including bookings for dance classes, are final and non-refundable. You are responsible for ensuring that you are available to attend any classes you book.
10. Indemnification
You agree to indemnify, defend, and hold harmless PopRox its licensors, employees, agents, third party providers and independent contractors from any claims, damages, or liabilities arising from your use of our Services or breach of these Terms.
11. Disclaimers
The Services are provided “as is” without any warranties, express or implied. We do not guarantee the availability, accuracy, or reliability of our Services. Your use of the Services is at your own risk.
12. Limitation of Liability
To the maximum extent permitted by law, PopRox will not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services. Our total liability for any claims arising out of or related to these Terms or the use of the Services shall not exceed the amount paid by you to us in the past six (6) months.
13. Arbitration Clause
Any disputes arising from or relating to these Terms, or the Services shall be resolved through binding arbitration in Seattle, Washington, in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.
14. Governing Law and Venue
These Terms are governed by the laws of the State of Washington, without regard to its conflict of laws principles. Any disputes not subject to arbitration will be resolved in the state or federal courts located in Seattle, Washington.
15. Modifying or Terminating the Services
We reserve the right to modify or discontinue any aspect of our services at any time without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of our services.
16. Amendments
We may update these Terms from time to time. We will notify you of any significant changes by posting the new Terms on our website. Your continued use of our services after any changes indicates your acceptance of the new Terms.
17. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
18. Force Majeure
PopRox will not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to natural disasters, government restrictions, pandemics, or technical failures.
19. Privacy and Children’s Privacy
PopRox is committed to protecting your privacy. Please refer to our Privacy Policy for information on how we collect, use and disclose personal information. We do not knowingly collect or solicit personal information from children under the age of 13. If we learn that we have collected personal information from a child under 13 without parental consent, we will take steps to delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us.
20. Miscellaneous
These Terms constitute the entire agreement between you and PopRox concerning the use of our services. Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
21. Contact Information
For any questions about these Terms, please contact us at:
PopRox Dance LLC
1433 12th Ave, A1
Seattle, WA 98122
Email: hello@poproxdance.com
Last updated: September 2024