Terms and Conditions

These Terms of Use are between you and Beat Street Dance Inc. ("Beat Street Dance Inc.”, the "Company”, “we”, “us”, “our”) and govern your use of the Beat Street Dance Inc. online store, e-commerce platform and website located at www.BeatStreetDanceStudio.com, and Beat Street Dance Inc. mobile and social media applications that link to these Terms of Use (together, the "Services”). In consideration of the right to access and use the Services, you agree to the terms and conditions of use set forth herein, along with any rules, policies and procedures that Beat Street Dance Inc. may institute from time-to-time (these "Terms of Use”).

These Terms of Use apply to the Services currently offered by Beat Street Dance Inc. as well as Services that may be offered in the future.

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YOUR USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND INDICATES YOUR WILLINGNESS TO BE BOUND BY THESE TERMS OF USE.

1. Beat Street Dance Inc. may present information and content, including but not limited to, articles, opinions, text, statistics, data, product information, time stamps, software applications, commentary, advertisements, graphics, photographs, illustrations, calendars, designs, games, reviews, video and audio files, buttons, icons, programs and code, in addition to User Generated Content (as defined herein) (collectively, "Content"), that is owned or licensed by the Company. The Services may also include materials, applications and information owned by third parties and made available through the Services by virtue of a license, grant or some other form of agreement between the third party and Beat Street Dance Inc.

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Beat Street Dance Inc. is not responsible for inaccurate information provided through the Services and makes no representations as to the accuracy, reliability, timeliness or completeness of Content, including without limitation the availability, description or effectiveness of any product. Beat Street Dance Inc. does not assume any liability for any loss that may result from the reliance by any person upon any Content provided on through the Services.

1. Through the Services, you may be able to review Content, set up a user account, upload and download files, register for membership, make purchases, sign up for contests, communicate and establish relationships with other users, and post photographs, video and audio clips, reviews, information, opinions and comments. Beat Street Dance Inc. reserves the right to change, suspend and discontinue any aspect of the Services at any time including, but not limited to, the nature of the Services offered, databases, hours of availability, and software needed for access or use. Notwithstanding anything herein to the contrary, Beat Street Dance Inc. reserves the right to permit or restrict any user’s access to the Services in its sole and absolute discretion, including the termination of user accounts.

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Profiles, Blogs and Boards. Beat Street Dance Inc. offers original and third party information through the Services. You may be invited to provide personal information, custom screen names, icons and other profile information (collectively, "Profile Information”), and you may be permitted to comment on, post, transmit or submit messages, commentaries, reviews, testimonials, concepts, techniques, and other information and materials, which may include (without limitation) uploading files, participating in chat sessions, providing Profile Information and engaging with other users of the Services (collectively, and together with Profile Information, "User Generated Content").When you submit, publish, post or display User Generated Content through the Services by creating a profile, connecting with other users, or posting Content to any blog, board or forum (collectively, "Forums”) you agree to strictly limit yourself to the subject matter for which the Forums are intended and to comply with these Terms of Use.

User Generated Content. Beat Street Dance Inc. does not endorse or have any control over User Generated Content submitted by you or others and accepts no responsibility whatsoever in connection with or arising from any content posted by any user. User Generated Content submitted through the Services is not necessarily reviewed by the Beat Street Dance Inc. prior to posting or at any time. If the Company chooses, in its sole discretion, to monitor any Forums, the Company nonetheless assumes no responsibility for User Generated Content, no obligation to modify or remove any inappropriate or inaccurate User Generated Content, and no responsibility for the conduct of the user submitting any User Generated Content.

 

The Company makes no warranties, express or implied, as to the suitability, accuracy or reliability of any files, data, ideas, information, opinions, reviews, communications, messages, posts, transmissions or other content and materials, including User Generated Content, accessible on or through the Services. Nonetheless, the Company reserves the right to prevent you from submitting User Generated Content and to edit, restrict and/or remove any User Generated Content for any reason, including but not limited to content that violates these Terms of Use or is otherwise inappropriate, at any time. The Company will also terminate a user's access to the Services, if they are determined to be a repeat infringer.  A repeat infringer is a user who has been notified of infringing activity more than twice and/or has had User Generated Content removed from the Services more than twice. You agree that Beat Street Dance Inc. shall accept no liability if we prevent, in our sole discretion, your User Generated Content from being distributed or posted, or we edit, restrict or remove it. You also agree to permit any other user of the Services and any third-party website on which your User Generated Content may be included, to access, view, store and reproduce such material, including any public portions of your Profile Information, for their individual use.

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Certain portions of the Services may offer you the ability to send (by e-mail or otherwise) messages directly to Beat Street Dance Inc. or another user. The Company shall have no liability for any delay, loss or damage that may result from your use of such features or from interception or unauthorized use by third parties of any information you send through our systems. You are solely responsible for your interactions with other users on and through the Services.

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User Disputes. Beat Street Dance Inc. reserves the right - but has no obligation to monitor - disputes between users. In the event a dispute arises between you and Beat Street Dance Inc. or any third party, please e-mail the Company at BeatStreetCS@Gmail.com and we will work quickly towards a resolution. Beat Street Dance Inc. will attempt to address all complaints pertaining to illegal, harassing, offensive, fraudulent or otherwise inappropriate conduct or activity. However, we encourage you to immediately report threatening or illegal third party conduct to local law enforcement.

Ownership and Use of Content. Except as otherwise set forth herein, as between you and Beat Street Dance Inc., all Content is owned by Beat Street Dance Inc. and is protected by worldwide copyright laws and treaty provisions, unless otherwise indicated. You may make and use printouts of the Content for your personal, non-commercial use only, provided that the printouts retain all copyright, trademark and other proprietary notices. Use of the Content on any other website or in a networked computer environment for any purpose, or any other republication or redistribution of the Content, including, without limitation, framing the Content within another website, is expressly prohibited without the prior written permission of Beat Street Dance Inc. Please contact us at BeatStreetCS@Gmail.com with any licensing inquiries.

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In addition to the above, except as described by the limited licenses herein, or required by law, neither Content nor any portion of the Serviced may be used, reproduced, duplicated, copied, sold, resold, modified or exploited in whole or in part for any purpose without the express written consent of Beat Street Dance Inc.

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Beat Street Dance Inc. shall not (a) be subject to any obligations of confidentiality regarding any User Generated Content except as specified in Beat Street Dance Inc.’s Privacy Policy, as set forth in any additional terms and conditions relating to specific products or services, or as otherwise specifically agreed to by us in writing or required by law; (b) be obligated to compensate you or any third party for any User Generated Content; or (c) be required to accept or respond to any submission of User Generated Content.

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By providing information or posting Content through the Services, you hereby grant the Company a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free right and license to use, copy, edit, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, create derivative works from and edit any such Content for any purpose, commercial, advertising, or otherwise, on or in connection with any product, the Services or the promotion thereof. Beat Street Dance Inc. does not assert ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us herein, you retain full ownership of User Generated Content created by you.

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Notwithstanding the foregoing, you hereby waive all rights to any claims against Beat Street Dance Inc. for alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such Content. By submitting User Generated Content on or through the Services, you represent to the Company that such content is original, you are its rightful owner or that you have first obtained permission from the rightful owner to submit it, and that you have the authority to assign and license to the Company the rights described herein. You acknowledge that the Company has detrimentally relied upon this representation. Accordingly, you further agree to defend, hold harmless and indemnify the Company, its parents, affiliates and subsidiaries, together with their respective employees, agents, officers, directors, shareholders and licensees (the "Beat Street Dance Inc. Parties”), from and against any and all threats and claims of alleged or actual infringements of any intellectual property rights, proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution raised any third party against the Beat Street Dance Inc. Parties in connection with your User Generated Content.

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Furthermore, you agree to release the Beat Street Dance Inc. Parties from any and all liability and obligations whatsoever in connection with, or arising from, your use of the Services and the use by Beat Street Dance Inc. of User Generated Content provided by you. If at any time you are not happy with any aspect of the Services or you object to any Content, your sole remedy is to cease using them.

Advertisements and Third Party Content. From time to time, we may incorporate advertising, information, features and services provided by other users or third parties ("Third Party Content”). Third Party Content, whether or not provided by us, does not imply our endorsement, approval, or verification of such Third Party Content or the policies, products or services of any third party. We do not always review Third Party Content and we are not responsible or liable for its quality, availability or completeness, or its compliance with any law, rule or regulation. By providing access to Third Party Content, Beat Street Dance Inc. is not recommending the products or services of any third party. Subject to the terms of the applicable service or other applicable agreements, we may remove Third Party Content upon written request by its owner or licensor. Please consult the Terms of Use and Privacy Policy applicable to such Third party Content prior to using it.

Limitation of Use. You agree that you will neither post nor submit any User Generated Content that:

• is unlawful, threatening, obscene, vulgar, pornographic, profane or indecent, including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;

• violates the copyright, trademark or other intellectual property rights of any other person or Beat Street Dance Inc.;

• is false, inaccurate or misleading or improperly assumes or claims the identity, characteristics or qualifications of another person;

• imposes an unreasonable or disproportionately large load on any infrastructure supporting the Services;

• is for the purpose of spamming or promoting goods or services without our prior authorization;

• is fraudulent or involves the distribution or sale of illegal, counterfeit, or stolen items;

• contains any virus, Trojan horse, worm, time bomb, cancelbot, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or other harmful component; or

• is libelous or invasive of privacy or publicity rights or any other third party rights.

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Furthermore, Beat Street Dance Inc. grants you a limited, revocable and non-exclusive license to access and make personal use of the Site, and you acknowledge and agree that you will not: (i) conduct yourself in any manner that may result in disputes, arguments or altercations with other users of the Services or any third parties that you encounter as a result of using the Services; (ii) collect or store personal information about other users of the Services, including collecting user names or e-mail addresses of users by electronic or other means for the purpose of sending unsolicited e-mail, (iii) upload, e-mail or otherwise transmit any material or User Generated Content that contains viruses or any other computer code, files or programs that might interrupt, limit or interfere with the functionality of any computer software, hardware, database or file that is owned, leased or used by Beat Street Dance Inc., the Services, or their users; or (iv) submit unwanted messages by e-mail or otherwise or post User Generated Content that disparages or insults any user or Beat Street Dance Inc.

 

1. By participating in any contest, drawing, game or competition organized or sponsored by Beat Street Dance Inc. (each, a "Contest”), you agree that your entry will be treated as User Generated Content for purposes of these Terms of Use, and that you will not be entitled to additional compensation for such participation or entry unless (and then only to the extent) expressly set forth in the applicable Contest rules. You agree to release and hold harmless the Beat Street Dance Inc. Parties from all liability for loss, harm, damage, injury, cost and expense whatsoever which may occur in connection with, participating in any Contest, preparing any Contest entry, accepting any Prize in connection therewith , and for any claims based on publicity rights, defamation or invasion of privacy related thereto. The Company reserves the right, in its sole discretion and without notice, to cancel, terminate, modify, extend or suspend any Contest for any reason. You acknowledge that such Contests may be subject to terms and conditions or other rules in addition or in lieu of these Terms of Use and that such Contests may be offered by us or by third parties. If you choose to participate in any Contest, you agree to be subject to these additional or separate terms and conditions or other rules. By participating in a Contest, you agree to the collection and use of your personal information by Beat Street Dance Inc. and its affiliates and acknowledge that you have read understood and accepted the terms of the Company’s Privacy Policy.

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The Digital Millennium Copyright Act of 1998 ("DMCA”). The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by us infringe your copyright, you may provide our Copyright Agent with a written notice pursuant to the DMCA requesting that we remove the material or block access to it. The notice must include the following information:

• Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);

• Identification of the material that is claimed to be infringing or the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to allow us to locate the material on the Services;

• Your name, address, telephone number, and email address;

• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate and under penalty of perjury, you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

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If you believe in good faith that your User Generated Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your User Generated Content, the DMCA permits you to send a counter-notice to our Copyright Agent containing the following information:

• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;

• A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and

• Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the State of Florida, and a statement that you will accept service of process from the person who provided the original DMCA notification of the alleged infringement or an agent of such person.

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If a counter-notice is received by Beat Street Dance Inc.'s designated Copyright Agent, Beat Street Dance Inc. may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed User Generated Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user who provided the User Generated Content, the removed User Generated Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Beat Street Dance Inc.'s sole discretion.

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You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.

We strongly recommend that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that penalties may apply for false claims under the DMCA.

Intellectual Property. Beat Street Dance Inc. and third party trademarks and service marks may or may not be designated as such from time-to-time through the SM, TM or ® symbols. Except when included in any authorized printouts of the Content, you are not authorized to make use of any names, logos or taglines posted through the Services, whether or not designated by such symbols, including without limitation as metatags or in any other fashion without the express prior written permission of the Company in each instance. Nothing herein grants you any right, title or interest in any Beat Street Dance Inc. names, trade names, trademarks, service marks, taglines, logos, patents, patent applications, formulas, technology or designs (whether or not the subject of a patent application) (together, "Beat Street Dance Inc.”). At no time during or after the term of this Agreement shall any user, either directly or through any third party or agent (i) challenge or assist others to challenge the Beat Street Dance Inc. or the registration thereof; (ii) attempt to use or register any designs, trademarks, marks, trade names, or trade dress confusingly similar to the Beat Street Dance Inc. IP, or domain names incorporating any of the same; or (iii) incorporate any Beat Street Dance Inc. into any third party designs, trademarks, product names, service marks, company names, domain names, or any other similar designations, without the prior written consent of the Company. If, at any time, you acquire any rights in, or domain name, trademark or service mark registrations or applications for, any Beat Street Dance Inc. marks, names or designations by operation of law or otherwise, you will immediately upon request from Beat Street Dance Inc., and at no expense to Beat Street Dance Inc., assign such rights, registrations and applications to Beat Street Dance Inc. or its designee.

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Registration and Security. In connection with your use of the Services, you may establish or otherwise receive Beat Street Dance Inc. user IDs, passwords and other security codes ("User Codes") that you may need in order to access and use certain portions of the Services.

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You agree to provide true, accurate, current and complete information about yourself as prompted by any registration forms ("Registration Information") and maintain and promptly update the Registration Information to keep it true, accurate, current and complete. You hereby authorize Beat Street Dance Inc., directly or through third parties, to make any inquiries we consider necessary to validate your Registration Information. Beat Street Dance Inc. reserves the right to pursue legal actions against all persons who misrepresent personal information in any transactions or are otherwise untruthful about their identity, and to suspend or cancel accounts registered with inaccurate or incomplete information. Notwithstanding the foregoing, you acknowledge that Beat Street Dance Inc. cannot guarantee the accuracy of any information submitted by any user, nor any identity information about any user.

You are responsible for maintaining the confidentiality of your User Codes. You agree that you will be fully responsible for all activities that occur utilizing your User Codes, and that Beat Street Dance Inc. has no duty to inquire as to the authority or propriety of instructions provided via your User Codes, or to otherwise verify the identity of anyone using your User Codes. You agree that Beat Street Dance Inc. shall not be responsible for damages or losses resulting from any breach of security caused by loss or your failure to maintain the confidentiality of your User Codes. If you permit access to your User Codes by third parties, then you agree to defend, indemnify and hold Beat Street Dance Inc. harmless against any liability, losses, damages or costs and expenses (including attorneys' fees) arising out of, or resulting from, such access and related use of the Services. You also agree to immediately notify Beat Street Dance Inc. if you become aware of any loss or theft of your User Codes or any unauthorized use of your User Codes. Beat Street Dance Inc. reserves the right to block your User Codes for any reason.

For your protection, Beat Street Dance Inc. may require the use of encryption technologies for certain types of communications conducted through the Services. While we may provide those technologies and might use other reasonable precautions to protect confidential information and provide suitable security, we do not guarantee or warrant that information transmitted through the internet or any data network is secure, or that such transmissions will be free from delay, interruption, interception or error.

Site Transactions. Your use of the Services to purchase merchandise indicates your agreement to follow and to be bound by the terms and conditions related to the sale of merchandise or services set forth in these Terms and Conditions. If you do not want to accept the terms and conditions related to the sale of merchandise, please do not purchase any services or merchandise from the Services.  Products offered through the Services are offered subject to availability. All orders are subject to email confirmation from us. We do not accept any backorders. Beat Street Dance Inc. is not liable for inaccurate information or for any information that has been omitted or is out of date. Prices for products are quoted in US dollars and are valid only in the continental United States, Alaska and Hawaii. Beat Street Dance Inc. may, from time to time, offer promotions for shipping and other discounts on product purchases. We reserve the right to suspend any such promotions, update product information, change prices and adjust shipping and handling fees at any time without notice. Furthermore, we reserve the right to change, limit, refuse or cancel any order you place with us in our sole discretion. In the event we make a change to or cancel an order, we will attempt to notify you using the contact information provided at the time the order was made.

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By entering into any transaction through the Services, you warrant and represent that all information you provide is true and correct (including, without limitation your credit card information and billing address), that any credit card transactions submitted by you are authorized, and that you are the legal holder of any credit card or payment account used to enter into any transaction through the Services. Furthermore, you warrant and represent that you are not a dealer, reseller or distributor. If, in our sole discretion, we determine that (a) your means of payment is not valid, (b) a transaction is not authorized, (c) your means of payment cannot be processed or verified at the time of any charge (d) a charge is disputed for any reason other than failure by Beat Street Dance Inc. to deliver the product purchased by you, (e) you have abused or misused promotions or promotion codes, or (f) you have otherwise used the Services to enter into an improper transaction, the Company reserves the right to immediately terminate any pending transactions, suspend your access to the Services, and terminate all of Beat Street Dance Inc.'s obligations hereunder. Notwithstanding anything herein to the contrary, you agree that any formal payment dispute lodged with any bank, merchant services provider, credit card or payment card company, or any third party discount provider shall be invalid unless (x) you notify Beat Street Dance Inc. within 60 days from date of the applicable transaction that you wish to dispute any charge relating thereto, and (y) that you have made reasonable, good faith efforts to resolve such dispute with Beat Street Dance Inc. directly, and such efforts have failed. You can e-mail details regarding your dispute to BeatStreetCS@gmail.com.

1. Once your order has been accepted, Beat Street Dance Inc. will process your payments within 24hrs.

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Prices and Payments. You agree to pay all charges and fees applicable to your transaction, including without limitation, sales taxes and shipping and handling, in accordance with the billing terms that were in effect at the time the charges or fees became payable. Beat Street Dance Inc. reserves the right to change the amount of, or the basis for determining, any charges or fees and to institute new charges or fees (such new charges or fees will only be instituted with prior notice to you).

Cancellation Policy. Orders cannot be cancelled once placed online. Cancellations must be made 24hrs prior to the start of the class sessions. Failure to cancel within 24hrs will result in a 15% processing fee.

1. Not all of the Services are available in all geographic areas, and we reserve the right to restrict any user from the Services at any time, without notice. The Services are not directed at, or intended for distribution to or for use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or any non-United States jurisdiction or country that would subject Beat Street Dance Inc. or its licensees or affiliates to any registration requirement within such jurisdiction or country.

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NO WARRANTY. THE SERVICES AND CONTENT ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WHICH ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. THE COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE TO ANY USER FOR ANY ACTS OF FRAUD, THEFT, MISAPPROPRIATION, TAMPERING, HACKING, INTERCEPTION, PIRACY, MISUSE, MISREPRESENTATION, DISSEMINATION, OR OTHER ILLEGAL OR UNAUTHORIZED ACTIVITIES OF THIRD PARTIES. YOU UNDERSTAND AND EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE CONTENT IS AT YOUR SOLE RISK, THAT ANY AND ALL CONTENT, MATERIAL AND DATA UPLOADED, DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, YOUR PROPERTY OR ANY THIRD PARTY OR THEIR PROPERTY ARISING FROM USE OF THE SERVICES OR THE CONTENT. BEAT STREET DANCE INC. SHALL NOT BE RESPONSIBLE FOR SHIPPING OR FULFILLMENT DELAYS, THE CANCELLATION OF ANY TRANSACTION OR THE UNAVAILABILITY OF ANY PRODUCT.

TO THE EXTENT THAT THE APPLICABLE LAW DOES NOT PERMIT THE DISCLAIMER OF WARRANTIES, THE PRODUCTS, SERVICES AND CONTENT ARE WARRANTED ONLY TO THE MINIMUM AMOUNT LEGALLY REQUIRED.

LIMITATION OF LIABILITY.

 

You understand that your use of the Services is at your own risk. Beat Street Dance Inc. shall not be responsible for any damages that may arise in connection with any transaction, your use of the Services or these Terms of Use.

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TO THE FULLEST EXTENT PERMISSIBLE BY LAW , THE BEAT STREET DANCE INC. PARTIES SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU OR ANY THIRD PARTIES CLAIMING THROUGH OR UNDER YOU UNDER ANY CIRCUMSTANCES FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, EQUIPMENT DOWNTIME, OR FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR EXEMPLARY DAMAGES OR LOSSES, ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE SERVICES OR ANY CONTENT, INCLUDING BUT NOT LIMITED TO INTERRUPTIONS OR DELAYS IN TRANSMISSION, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF ANY OF THE BEAT STREET DANCE INC. PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR LOSS AND IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED ONE HUNDRED DOLLARS ($100.00). . IF YOU ARE DISSATISFIED WITH THE SERVICES, FULFILLMENT OF ANY ORDER, DO NOT AGREE WITH ANY PART OF THIS AGREEMENT OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY OF THE BEAT STREET DANCE INC. PARTIES RELATED TO THE SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE EXTENT APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT IN THE ABSENCE OF THIS LIMITATION OF LIABILITY THESE TERMS OF USE WOULD BE MATERIALLY DIFFERENT OR YOU WOULD NOT BE GRANTED ACCESS TO THE WEBSITE.

YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE.

1. You agree to indemnify, defend and hold harmless the Beat Street Dance Inc. Parties from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees, costs and expenses) that result from, arise out of or are in anyway connected with your use of the Services or any Content, your breach of these Terms of Use, or your infringement, or infringement by any other person using your account, of any Beat Street Dance Inc. IP or other right of Beat Street Dance Inc. or any third party.  Beat Street Dance Inc. shall have the right at its own expense, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, and you shall not in any event settle any matter without the prior written consent of Beat Street Dance Inc. These Terms of Use will inure to the benefit of the parties and their successors, assigns, licensors and licensees. You covenant to cooperate fully in the defense of any claim.

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Term & Termination. These Terms of Use shall commence when you first visit www.BeatStreetDanceStudio.com, make a purchase through the website, or use any Beat Street Dance Inc. mobile or social media application, view any Content or use any feature incorporated in the Services, and shall apply to all of your subsequent visits and uses, provided that nothing herein shall prohibit us from refusing or otherwise restricting access to any user for any reason at any time, in our sole discretion. Beat Street Dance Inc. may, with or without cause, immediately terminate these Terms of Use without notice, and deny you access to any Services in its sole discretion. Without limiting the foregoing, Beat Street Dance Inc. has the right to immediately terminate any passwords or accounts created by you in the event that you breach these Terms of Use or engage in conduct that Beat Street Dance Inc. considers unacceptable, including but not limited to abuse of the Services, entering incorrect or inaccurate information, or any use of the Services that interferes with Beat Street Dance Inc. or any user. If your use of the Services is terminated, you will no longer be authorized to access any Beat Street Dance Inc. Services. Without limiting any other rights of Beat Street Dance Inc. hereunder, you understand and acknowledge that Beat Street Dance Inc., in its sole discretion, may pursue legal and equitable relief against you if you breach or threaten to breach these Terms of Use.

Changes. The Content, the Services and these Terms of Use are subject to change and updating by Beat Street Dance Inc. and our affiliates, licensees, partners, agents and representatives at any time without prior notice. The changes may include superseding terms and conditions.

 

YOU SHOULD REVIEW THIS AGREEMENT FROM TIME TO TIME TO BE AWARE OF ANY CHANGES THAT ARE MADE.

 

Your continuing use of any Beat Street Dance Inc. Services constitutes your acceptance of any change or update, all of which shall become controlling when posted.

1. Please click here for our Privacy Policy.

Applicable Law; Jurisdiction. The Services along with all products and features are designed for personal and legal uses only. It is your responsibility to comply with all national, state and local laws, rules and ordinances when using the Services. The laws of the State of Florida will govern these Terms of Use, without regard to conflicts of law principles. Any and all claims and controversies arising out of and related to the Privacy Policy and these Terms of Use shall be settled in the courts of competent jurisdiction in Florida. The foregoing shall not preclude the Company from seeking any injunctive relief in courts of competent jurisdiction located in other countries and jurisdictions for protection of the Beat Street Dance Inc. IP.

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Consent to Receive Notices Electronically by Posting on the Site and Via Email

You consent to receive any agreements, notices, disclosures and other communications (collectively, "Notices") to which these Terms and Conditions refer from us electronically including without limitation by e-mail or by posting notices on this website. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing us at BeatStreetCS@gmail.com and discontinue your use of the service. In such event, all rights granted to you pursuant to these Terms and Conditions shall automatically terminate.

Please note that this consent to receive Notices is entirely separate from any election you may make with respect to receipt of marketing communications. Your options with respect to receipt of marketing communications are set forth in our Privacy Policy.

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General. These Terms of Use sets forth the entire understanding and agreement between you and the Company with respect to the subject matter hereof. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected thereby. Except as described herein, you may not assign these Terms of Use without our explicit consent. You are responsible for fees associated with gaining access to the Services, including the fees associated with any equipment necessary to access the Internet and the fees charged by your mobile carrier or service provider. The Services may not be maximized for use on all devices or in conjunction with third party software and operating systems.

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Gift Card Terms and Conditions

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1. General Terms

These Beat Street Dance Studio Gift Card Terms and Conditions ("Terms and Conditions") are applicable in addition to the Terms of Use and Privacy Policy applicable to the Beat Street Dance Studio.com website.

2. Nonreturnable; not for resale. Notwithstanding anything contained in these Terms and Conditions, Beat Street Dance Studio eGift Cards ("Beat Street Dance Studio Gift Cards") are not returnable or refundable for cash except in states where required by law. Resale of Beat Street Dance Studio Gift Cards is strictly prohibited.

3. Liability. The balance on any Gift Card is solely the liability of Beat Street Dance Studio.

4. Not for promotional use. Beat Street Dance Studio Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.

5. No affiliation with Beat Street Dance Studio. Use of Beat Street Dance Studio's name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Beat Street Dance Studio Gift Cards is strictly prohibited. Furthermore, the use of Beat Street Dance Studio Gift Cards in any manner that states or implies that any person, website, business, product or service is endorsed or sponsored by, or otherwise affiliated with, Beat Street Dance Studio or any of its subsidiaries or affiliates is prohibited.

6. Compliance with laws. By purchasing Beat Street Dance Studio Gift Cards, you are certifying and representing to Beat Street Dance Studio that the activities in connection with which the Beat Street Dance Studio Gift Cards will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, and that the Beat Street Dance Studio Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers or Beat Street Dance Studio. In addition, you agree to defend and indemnify Beat Street Dance Studio Inc. and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Beat Street Dance Studio Gift Cards or violation of any of these Terms and Conditions.

7. Lost or Stolen Gift Card. Lost or stolen cards will not be replaced. Beat Street Dance Studio.com shall have liability to you for (i) lost or stolen Beat Street Dance Studio Gift Cards or (ii) use of any Beat Street Dance Studio Gift Cards by third parties through your Beat Street Dance Studio.com account. You are solely responsible for keeping your Beat Street Dance Studio gift cards safe and for any activity conducted with them. 

 

Saving Beat Street Dance Studio Gift Card Information and Viewing Balance Terms and Conditions

 

1. Saving Beat Street Dance Studio Gift Card Information. Only three (3) Beat Street Dance Studio Gift Cards (eGift Cards) can be saved to your account at any given time. Beat Street Dance Studio Gift Cards you have NOT saved may be used, but you may be required to enter the Beat Street Dance Studio Gift Card number and PIN at the time of purchase.

2. No Consolidation for New Beat Street Dance Studio Gift Card. You may not consolidate or combine multiple Beat Street Dance Studio Gift Cards to purchase a new Beat Street Dance Studio Gift Card. Beat Street Dance Studio.com does not consolidate or combine multiple gift cards into one gift card per customer requests.

3. Saving Beat Street Dance Studio Gift Card Information Does Not Limit Card to Use Online.  You can use Beat Street Dance Studio eGift cards at our Coral Springs location only.

4. Beat Street Dance Studio Gift Card Balance is an Estimate. You can view your eGift Card balance from the original eGift Card email by clicking on the View Your eGift Card button. The page will have information about the card balance, transaction history, methods for redemption, and the original gifting message.

5. Beat Street Dance Studio Gift Cards Do Not Expire. Beat Street Dance Studio Gift Cards never expire.