Terms of Service

 

 

KMM Virtual Dance Studio TERMS AND CONDITIONS OF USE

 

Membership Options:

$35 monthly fee 

$315 discounted annual fee

 

Last Updated March 6, 2020

These terms and conditions of use (“Terms”) are between you and KMM Virtual Dance Studio and/or its affiliates (including but not limited to Kimberly Mullen) (collectively “Us” or “We”) and govern our respective rights and obligations.  KMM Virtual Dance Studio provides online dance class instruction to you when you visit our site.

 

Acceptance of Terms

These Terms, which include our Privacy Policy applicable terms and conditions related to any promotional offers, any correspondence between us and you, and any links we direct you to herein, govern your use of our service. By using, visiting, or browsing our sites, by using our services, you accept and agree to these Terms. If you do not agree to these Terms, do not use our site and services.

 

Changes to Terms

We may, from time to time, change these Terms, without notice to you. Such revisions shall be effective immediately. Your continued membership or use after we change these terms constitutes your acceptance of the changes. If you do not agree to any changes, you must cancel your membership and discontinue use of our sites and services.

 

Privacy

Personally identifying information is subject to our Privacy Policy and the terms of which are incorporated herein.

 

Electronic Communications

When you visit our site or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Membership

Monthly or Annual Membership. You have chosen to become a member of our services on a monthly or annual basis. You can find specific details regarding your membership by visiting our relevant site and clicking on the “My Account” link.

 

Membership Price Changes. We reserve the right to adjust pricing for our services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you. We reserve the right to modify, terminate, or otherwise amend our offered membership plans.

 

 

Billing

Payment Method. You must have internet access and provide us with a current, valid, acceptable method of payment (as such may be updated from time to time) (“Payment Method”) to use our service. You may edit your Payment Method information by visiting our relevant site and clicking on the “MyAccount” link.

 

Recurring Monthly Billing. By starting your KMM Virtual Dance Studio membership and by providing or designating a Payment Method, you authorize us to charge you a monthly or annual membership fee at the then current rate, and any other charges you may incur in connection with your use of our service. We will bill the monthly or annual membership fee to your Payment Method. You must cancel your membership before it renews each month or year in order to avoid billing for the next membership cycle.

 

Billing Cycle. The membership fee will be billed monthly or annually. Visit your “My Account” section of our relevant site to see the commencement date for your next renewal period. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month or year. For example, if you became a paying member on January 31st, your next payment date is February 28th and your Payment Method would be billed on that date. You acknowledge that the amount billed each cycle may vary from month to month or year to year for reasons that may include differing amounts due to promotional offers, and you authorize us to charge your Payment Method for such varying amounts. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or related charges. Check with your bank and credit card issuers for details. If the credit card we have on file for you is declined for payment of your membership fee, you have 7 days to provide us a new credit card or your membership will be canceled. If you provide us with a new card and are successfully charged within 7 days, your new membership period will be based on the original renewal date and not the date of the successful charge. Membership charges are fully earned upon payment.

 

Refunds

There are No Refunds for Monthly or Annual Membership Fees. Payments for your membership are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

 

Cancellation

Cancellations for the Monthly or Annual Membership Fee. You may cancel your KMM Virtual Dance Studio membership at any time, and you will continue to have access to the service through the end of your billing period.

 

You can find instructions regarding canceling your membership by visiting our relevant website and clicking on the “My Account” link.

 

Termination By Us

We may terminate your membership(s) at our discretion without notice. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of your membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

 

Your Account

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.

 

KMM Virtual Dance Studio does not sell products for children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. If you are under 18, you may use our site and services only with the involvement of a parent or guardian.

 

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.

 

The account owner’s control is exercised through use of the account owner’s password and therefore to maintain exclusive control, the account owner should not reveal the password to anyone. By sharing your password, the account owner agrees to be responsible for assuring that household members comply with these Terms and such account owner shall be responsible for the actions of the household members.

In order to provide you with ease of access to your account and to help administer our sites and services, KMM Virtual Dance Studio  implements technology that enables us to recognize you as the account holder and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the service. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account. You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your KMM Virtual Dance Studio ready device. If you disclose your password to anyone or share your account and/or devices with other people, you take full responsibility for their actions. Where possible, users of public or shared devices should log out at the completion of each visit. If you sell or return a device, you should logout and/or deactivate the device before doing so. If you fail to log out of your device, subsequent users may access the service through your account and may be able to access certain of your account information.

 

If you find that you’re a victim of identity theft and it involves your account, you should notify Customer Service and report this instance to all your card issuers, as well as your local law enforcement agency. Also, you should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. We reserve the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. KMM Virtual Dance Studio is not obligated to credit or discount a membership for holds placed on the account by either a representative of KMM Virtual Dance Studio or by the automated processes of the KMM Virtual Dance Studio.

 

Other Limitations, Limitations of Liability, and Disclaimers of Warranty

We reserve the right to accept or refuse membership at our discretion.

You may not transfer or assign your membership or any membership benefits.

From time to time, we may choose in our sole discretion to add or remove membership benefits from paid or free promotional programs.

Due to restrictions placed on us by our content providers, we regret that from time-to-time some programs may be restricted in certain territories.

 

THE KMM VIRTUAL DANCE STUDIO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE KMM VIRTUAL DANCE STUDIO SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. KMM VIRTUAL DANCE STUDIO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE KMM VIRTUAL DANCE STUDIO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. KMM VIRTUAL DANCE STUDIO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, KMM VIRTUAL DANCE STUDIO READY DEVICES, AND KMM DANCE STUDIO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE). IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO YOUR PREMIUM MEMBERSHIP. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MONTHLYOR ANNUAL MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR MEMBERSHIP. CERTAIN STATE LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

 

Professional Advice Disclaimer

The KMM Virtual Dance Studio service and products offer health, fitness, and nutritional information and is designed for educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment.

 

You are responsible for exercising within your own limits. These exercise programs are not intended to diagnose, treat, or prevent any medical condition or to replace your healthcare provider. Consult with your healthcare provider to design an appropriate exercise prescription for you.

 

Explicit Content

You understand that by using our site and services, you may encounter content that may be deemed offensive, indecent or objectionable, which content may or may not be identified as having explicit language or other features. Nevertheless, you agree to use our services at your sole risk, and KMM Virtual Dance Studio shall have no liability to you for content that may be found to be offensive, indecent or objectionable. Content types (including genres, sub-genres, and categories and subcategories and the like) and descriptions are provided for convenience, and you acknowledge and agree that KMM Virtual Dance Studio does not guarantee their accuracy.

 

Copyright

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of KMM Virtual Dance Studio or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of the KMM Virtual Dance Studio and protected by U.S. and international copyright laws. All software used on this site is the property of KMM Virtual Dance Studio or its software suppliers and protected by United States and international copyright laws.

 

Trademarks

KMM Virtual Dance Studio graphics, logos, page headers, button icons, scripts, and service names are trademarks, or trade dress of KMM Virtual Dance Studio in the U.S. and/or other countries. KMM Virtual Dance Studio  trademarks and trade dress may not be used in connection with any product or service that is not KMM Virtual Dance Studio, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits KMM Virtual Dance Studio. All other trademarks not owned by KMM Virtual Dance Studio that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by KMM Virtual Dance Studio. 

 

License

KMM Virtual Dance Studio grants you a limited license to access and make personal use of KMM Virtual Dance Studio site and not to download (other than page caching) or modify the KMM Virtual Dance Studio site, or any portion thereof, except with express written consent of the KMM Virtual Dance Studio. This license does not include any resale or commercial use of the KMM Virtual Dance Studio site or their contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the KMM Virtual Dance Studio site or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The KMM Virtual Dance Studio site or any portion may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of KMM Virtual Dance Studio. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of KMM Virtual Dance Studio without express written consent. You may not use any meta tags or any other “hidden text” utilizing KMM Virtual Dance Studio’s name or trademarks without the express written consent of KMM Virtual Dance Studio. Any unauthorized use terminates the permission or license granted by KMM Virtual Dance Studio. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of KMM Virtual Dance Studio so long as the link does not portray KMM Virtual Dance Studio, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any KMM Virtual Dance Studio logo or other proprietary graphic or trademark as part of the link without express written permission.

 

License to Digital Content. Subject to your payment of any applicable fees (including applicable taxes) to rent, purchase, or otherwise obtain access to Digital Content (as defined below), and your compliance with all other terms we specify for Digital Content, KMM Virtual Dance Studio grants you a non-exclusive, non-transferable, non-sublicensable, limited right and license, during the applicable Viewing Period (as defined below), to access, view, use and display the Digital Content in accordance with the Usage Rules, for Non-Commercial, Private Use. As used herein, “Non-Commercial, Private Use” means a presentation of Digital Content for which no fee or consideration of any kind (other than that which you pay to us to view the Digital Content) is charged or received, which takes place in your private home or apartment or, if outside your private home or apartment (e.g., in a hotel room, dorm room, office, or airport waiting lounge) is limited to a private viewing for you and your invitees. Non-Commercial, Private Use specifically excludes any public presentation (e.g., a presentation in a dorm lounge) and any presentation by a place of public accommodation or other commercial establishment (e.g., a bar or restaurant), even if no fee is charged for viewing the Digital Content. To simplify your viewing and management of Digital Content that has a limited Viewing Period (such as Rental Digital Content and Subscription Digital Content), we may automatically remove that Digital Content from your Compatible Device after the end of its Viewing Period, and you consent to such automatic removal.

 

Reviews, Comments, Communications, and Other Content

Visitors may post reviews, comments, photos, and other content; and submit suggestions, ideas, comments, questions, or other information (“Feedback”), so long as the Feedback is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such Feedback for these or any other reasons, but do not regularly review posted Feedback. If you do post or submit Feedback, and unless we indicate otherwise, you grant KMM Virtual Dance Studio a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media, for no compensation, acknowledgement, or payment to you for any purpose whatsoever. You grant KMM Virtual Dance Studio the right to use the name that you submit in connection with such Feedback, if they choose. You represent and warrant that you own or otherwise control all of the rights to the Feedback that you post; that the Feedback is accurate; that use of the Feedback you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify KMM Virtual Dance Studio for all claims resulting from Feedback you supply. KMM Virtual Dance Studio has the right but not the obligation to monitor and edit or remove any activity or Feedback. KMM Virtual Dance Studio takes no responsibility and assumes no liability for any Feedback posted by you or any third party.

 

Copyright Complaints

KMM Virtual Dance Studio respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us at support@kmmdancestudio.com.  Please provide us with the following information:

A physical signature (or electronic signature) of the person authorized to act on behalf of the owner of the copyright interest;

A description of the copyrighted work that you claim has been infringed upon;

A description of where the material that you claim is infringing is located on the site;

Your address, telephone number, and e-mail address;

A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Pricing

Except where noted otherwise, the List Price displayed for the KMM Virtual Dance Studio on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere.

 

Disputes

Any dispute or claim relating in any way to your visit to the KMM Virtual Dance Studio, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to us at 27 Sage Grouse Ct. Sacramento, CA 95834. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, The KMM Virtual Dance Studio will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court by infringement or other misuse of intellectual property rights.

 

Applicable Law

By visiting KMM Virtual Dance Studio, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to its conflict or choice of laws principles, will govern these Terms and any dispute of any sort that might arise between you and KMM Virtual Dance Studio.

 

Digital Content

We offer digitized video content (collectively, “Digital Content”). You may access and view Digital Content by streaming only. You may access Digital Content on a subscription basis for viewing over a limited period of time during a subscription period (“Subscription Digital Content”). Digital Content may be available as a Subscription Digital Content. From time to time, we may add or remove Digital Content and may change the basis on which Digital Content is available. Our subscription services are dynamic services and the specific Subscription Digital Content available and amount of Subscription Digital Content available will change over time. We make no guarantee as to the availability of specific Subscription Digital Content or the minimum amount of Subscription Digital Content available in any subscription. Additional terms applicable to a subscription (such as the applicable cancellation and refund policy) will be indicated on the informational pages for that subscription.

 

Compatible Devices

In order to be able to stream and view Digital Content, you will need to use a personal computer, portable media player, or other device that meets the system and compatibility requirements that we establish from time to time and is otherwise capable of interacting with the service (each such device, a “Compatible Device”). Some Compatible Devices may be used only to stream Digital Content, some Compatible Devices may be used only to download Digital Content, and some Compatible Devices may be used to stream and download Digital Content. We may change the requirements for Compatible Devices from time to time and, in some cases, whether a device is (or remains) a Compatible Device may depend on software or systems provided or maintained by the device manufacturer or other third parties. As a result, devices that are Compatible Devices at one time may cease to be Compatible Devices in the future.

 

Territory Restrictions

We make no representation that our sites and services, including merchandise offered for sale on the sites and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the sites from locations outside of the U.S. do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. With respect to shipments of merchandise to consumers, wherever they may reside, title to the merchandise and risk of loss shall pass to the buyer upon delivery of the merchandise to the common carrier.

 

Age Restrictions

You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of our service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the supervision of a parent or legal guardian, under such a person’s account and otherwise subject to these Terms.

 

Streaming

When you stream Digital Content, the resolution and quality of the Digital Content you receive will depend on a number of factors, including the type of Compatible Device on which you are streaming the Digital Content and your bandwidth, which may go up and down over the course of your viewing. If we detect that Digital Content we are streaming to you may be interrupted or may otherwise not play properly due to bandwidth constraints or other factors, we may decrease the resolution and file size of the Digital Content we stream to you in an effort to provide an uninterrupted viewing experience. While we strive to provide you a high quality viewing experience, we make no guarantee as to the resolution or quality of the Digital Content you will receive when streaming.

 

Testing

We continually update our service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

 

Customer Support

If you need assistance with your account, please email: support@kmmdancestudio.com. In the event of any conflict between these Terms and information provided by customer support or other portions of our website, these Terms will control.

 

Survival

If any provision or provisions of these Terms 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

 

Our Address:

KMM Virtual Dance Studio

2004 Caminito Circulo Sur

La Jolla, Ca 92037