PROPRIETARY RIGHTS; USE OF CONTENT
BDC from time to time may request that its students participate submit testimonial or other materials to it and such materials may be made available on this Platform and elsewhere, and as indicated below such persons are solely responsible for such content and BDC is not responsible or liable for the accuracy, reliability or completeness of such third party content.
In using or accessing the Platform you agree:
-not to disrupt or interfere with the security of, or otherwise abuse, the Platform, or any services, system resources, accounts, servers or networks connected to or accessible through the Platform or affiliated or linked Platform;
-not to use the Platform for a purpose that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic;
-not to disrupt or interfere with any other user’s enjoyment of the Platform;
-not to use, frame or utilize framing techniques to enclose any Marks or other proprietary information (including the images and information available through the Platform, the content of any text or the layout/design of any page) without BDC’s express written consent;
-not to use meta tags or any other “hidden text” utilizing a Mark, videos or other materials without BDC’s express written consent;
-not to use the Platform for any commercial purpose not expressly approved by BDC in writing, including without limitation, unsolicited advertising junk mail or spam;
-not to monitor, scrape, index or otherwise copy any of the material on the Platform by means of any robot, spider or other automatic device, process or means, regardless of whether such use my be considered a fair use under United States copyright law;
-not to disassemble, decompile or reverse engineer or otherwise attempt to derive the source code of the Platform, except as permitted by applicable laws;
-not to “deeplink” to the Platform without BDC’s express written consent; and
-not to attempt to obtain unauthorized access to the Platform or portions of the Platform that are restricted from general access.
Subscriptions. You may purchase access to the Platform (“Access”) from us by purchasing a monthly or annual subscription to BDC Online by paying a fee in advance as indicated on the Platform and as agreed to by you prior to your purchase. You may cancel your subscription at any time, however there will be NO refunds given for any subscription plans or rental purchases. If you cancel your subscription, you will not be pro-rated or refunded for any time prior to your next billing period. You will have access to content in your current subscription until your subscription is terminated at the following billing date.
FORUM, BLOG, EVENTS AND POSTING POLICY
From time to time on certain areas of our Platform you may be able to submit photos, events, videos, testimonials, podcasts, written posts, and certain other materials (“User Content”). By using these features, you agree that you will not post any such User Content that is unlawful, tortious, libelous, defamatory, harassing, abusive, obscene, vulgar, sexually explicit, intrusive on another's privacy, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic; that you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; that you will not collect or store personal data about other users in your User Content; that will not post any User Content that contains personal information about or the likeness of any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not post any User Content that is clearly false or misleading; that you will not impersonate any person or organization, including without limitation, the personnel of BDC, or misrepresent an affiliation with another person or organization; and you will not post or upload any User Content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Platform, or any feature of the Platform.
BDC assumes no liability for any information removed from our Platform, and reserves the right to permanently restrict access to the Platform or a user account. BDC does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by BDC without the prior review and written approval of BDC.
Accounts, Passwords, and Security
Certain areas of the Platform require registration or otherwise ask you to provide information to participate in certain features or access certain content, including but not limited your online account. If you elect not to provide such information, you may not be able to access certain content or participate in certain features of the Platform, or any features at all.
If the Platform requires you to create an account or otherwise submit information, you must complete the specified process by providing us with current, complete, and accurate information as requested by the applicable registration form. It is your responsibility to maintain the currency, completeness, and accuracy of your registration data, and any loss caused by your failure to do so is your responsibility. During the registration process, you will be asked to enter valid e-mail address and choose a password. It is entirely your responsibility to maintain the confidentiality of your password and account. Additionally, you are entirely responsible for any and all activities that occur under your account. You agree to notify BDC immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate any user ID, password, or other information that provides you access to the Platform. BDC is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
When you create an account, you can choose options on how we can contact you, please note for text messaging, fees and data message rates may apply. When you use our mobile application, it may require you to be compatible to certain software or technology and you should contact your service provider to understand those fees.
LINKS AND THIRD PARTIES
DIGITAL MILLENNIUM COPYRIGHT ACT
BDC has adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act ( “DMCA”). If you believe that your content has been copied and posted on the Platform in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
-an electronic or physical 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;
-a description of where the material that you claim is infringing is located on the Platform (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
-your contact information, including address, telephone number and email address;
-a written 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; and
-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.
Notice of claims of copyright infringement should be provided to BDC via email to Support@BDCOnline.com with a subject line that includes “DMCA Request”, by phone to or via mail to the following address:
Broadway Dance Center
322 W 45th St
NY, NY 10036
BDC will terminate the Platform or Forum use of any repeat infringer.
CHANGES TO PLATFORM
We may add, change, discontinue, remove or suspend any portion of the Platform at any time, without notice.
DISCLAIMER BDC MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO THE PLATFORM OR CONTENT, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BDC HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO THE PLATFORM, CONTENT AND ANY LINKED PLATFORM. BDC DOES NOT WARRANT THE FUNCTIONALITY, INFORMATION OR LINKS CONTAINED ON THE PLATFORM OR THAT CONTENT WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM OR CONTENT ARE FIT FOR ANY PARTICULAR PURPOSE, THAT THE OPERATION OF THE PLATFORM OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. BDC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BDC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
BDC is not a health care or medical provider. The Platform and the features, functionalities, services and Content made available therein, including without limitation any advice, information, workouts, exercises, regimens, or other materials (collectively, the “Dance Features”), are provided for general informational purposes only and do not constitute medical advice. The Dance Features are not intended to be relied upon for determining the state of your health or in the diagnosis of any medical conditions and are not, and should not be used as, a substitute for a professional medical evaluation. We advise you to see your physician on a regular basis and to seek their advice prior to engaging in any dance regimen or if you have any questions or concerns regarding your health and fitness regimen or for the diagnosis of specific medical conditions. IF YOU EXPERIENCE ANY PAIN, DIFFICULTY, DIZZINESS, ILLNESS, OR DISCOMFORT, WHEN USING OUR SERVICES, STOP AND CONSULT YOUR PHYSICIAN OR SEEK EMERGENCY MEDICAL ATTENTION IMMEDIATELY.
LIMITATION OF LIABILITY
IN NO EVENT AND UNDER NO CAUSE OF ACTION, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL BDC AND ITS AFFILIATED ENTITIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SERVICE PROVIDERS OR AUTHORIZED AGENTS (COLLECTIVELY, THE “BDC PARTIES”) BE LIABLE FOR ANY DAMAGES, CLAIMS OR LOSSES INCURRED (INCLUDING, WITHOUT LIMITATION, COMPENSATORY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES), HOWEVER CAUSED, AND UNDER ANY THEORY OF LIABILITY ARISING IN CONNECTION WITH: (A) THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (B) YOUR USE OR INABILITY TO USE THE PLATFORM, INCLUDING, WITHOUT LIMITATION, ANY CONTENT; (C) ANY THIRD PARTY PLATFORM OR SERVICE USED IN CONNECTION WITH OR AVAILABLE THROUGH THE PLATFORM; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OR LOSS OF YOUR TRANSMISSIONS OR DATA OR OTHER INFORMATION THAT IS SENT OR RECEIVED IN CONNECTION WITH THE PLATFORM; OR (E) ERRORS, SYSTEM DOWN TIME, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION OR SERVICE INTERRUPTIONS, EVEN IF A BDC PARTY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS OR LOSSES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
PERMISSION FOR WEB LINKING
If you link to the Platform, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by BDC. Any such link must not damage, dilute or tarnish the goodwill associated with BDC and/or any BDC intellectual property, nor may the link create the false appearance that your Platform or organization is sponsored, endorsed by, affiliated or associated with BDC, and you may not “frame” the Platform. You may not link to the Platform from any Platform that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in BDC’s sole discretion. BDC reserves the right, in its sole discretion, to terminate any link from any Platform.
BDC will not be responsible for any delay, failure in performance or interruption of service, resulting directly or indirectly from acts of God, acts of civil or military authorities, civil disturbances, wars, strikes or other labor disputes, fires, transportation contingencies, interruptions in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophes or any other occurrences which are beyond BDC’s reasonable control.
ArbitrationAgreement, Jury Trial Waiver, Class Action Waiver.
If you pursue a legal claim against BDC you agree to arbitration (with limited exceptions and except where prohibited by law):
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our services shall be binding arbitration administered by JAMS under the JAMS Streamlined Arbitration Rules & Procedures, except as modified by these Arbitration Procedures.
The one exception is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Interlace any class action, class arbitration, or other representative action or proceeding.
Your rights will be determined by a neutral arbitrator, not a judge or jury, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can and decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against BDC (except for small-claims court actions) may be commenced only in the federal or state courts located in New York, New York jurisdiction of those courts for such purposes.
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this Class Action Waiver is unenforceable, the arbitration agreement will be void as to you.
JURY TRIAL WAIVER. IF A CLAIM PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.