Last Updated:  June 3, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS PLATFORM

The following terms of use apply to the Broadway Dancer Center (referred to as “us”, “we”, “our”, or “BDC”) website located at www.broadwaydancecenter.com, bdconline.tv, our mobile applications, online platform and related technology  and services  (the “Platform”).  Use of this Platform signifies your agreement to these terms of use (“Terms of Use”) and your acknowledgement that you have read, understood and agree to be bound by these Terms of Use in their entirety, any modifications to the Terms of Use, which is incorporated by reference into these Terms of Use.  In addition, you agree to comply with all applicable laws, rules and regulations governing your use of the Platform.  If you do not agree to these Terms of Use, do not access, browse or use the Platform.

Please return to the Platform and review these Terms of Use from time to time, as they may be amended without notice to you.  Any changes to these Terms of Use will be effective immediately upon the posting of the revised Terms of Use at the Platform.  Please note that your use of certain content and features of the Platform may be subject to additional terms.  By using such content and features, you also agree to be bound by such additional terms.

The Platform is only intended to be accessed and used by individuals that are 18 years of age or older. If you are below the age of 18, then your parent or legal guardian must read and accept the terms and conditions of these Terms of Use on your behalf. If you become aware of anyone using the Platform who is under the age of 13, please report this to: Support@BDCOnline.com. We do not knowingly collect information from anyone under the age of 13. We may, in our sole discretion, refuse to offer the Platform to any person or entity for any reason.  

PROPRIETARY RIGHTS; USE OF CONTENT

This Platform is owned and operated by BDC and, in the case of certain features and content, its affiliates, licensors and/or third party service providers, and unless otherwise indicated, all the content appearing at the Platform (collectively, “Content”) is the property of BDC and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws.  All trademarks, service marks, trade names, logos and other indicia of origin (collectively, "Marks") appearing on the Platform are the property of BDC, its affiliates, licensors, and/or third party service providers. You may not make any use of any Content or Marks without the prior written consent of BDC and any applicable third party.  No Content from the Platform may be copied, reproduced, republished, translated, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of Content on any single computer for your personal non-commercial use, only, provided you keep intact all copyright and other proprietary notices.  Modification of the Content or use of the Content for any other purpose may be a violation of copyright, trademark, trade secret rights and others' proprietary rights belonging to BDC and its affiliates, licensors and/or third party service providers.  For purposes of these Terms of Use, the use of any such Content on any other Platform or networked computer environment is prohibited.

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.  

YOUR CONDUCT

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.

You agree to immediately notify us if you suspect fraudulent or abusive activity, or any activity in violation of these Terms of Use.  If you so notify us, or we otherwise suspect fraudulent or abusive activity, you agree to cooperate with us in any fraud investigation and to use any fraud prevention or other measures we prescribe.

PURCHASES

We use utilize Uscreen to process online credit card payments and bank transfers. Please review their privacy policy and terms of use regarding any financial information you may provide.  We do not store or share any credit card information.

  • 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. 

By displaying, publishing, or otherwise posting any User Content on or through the Platform, you hereby grant to BDC a non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use your User Content (including, without limitation, to modify, publicly perform, publicly display, reproduce, and distribute such User Content) in any and all media now known or hereinafter developed without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed, such as for use on mobile phones, or in video, music, or software programs. You continue to retain all ownership rights in your User Content, and you continue to have the right to use your User Content in any way you choose, subject to these Terms of Use and the license described herein. You represent and warrant that you own the User Content submitted, displayed, published or posted by you on the Platform and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.  Notwithstanding the foregoing, you further understand and agree that you have no ownership rights to any account you may have with us, or other access to the Platform or features therein. BDC may cancel your account and delete all User Content associated with your account at any time, and without notice, including without limitation if BDC deems that you have violated these Terms of Use, the law, or for any other reason.

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.

You agree to indemnify and hold BDC, its parents, subsidiaries, officers, employees, and Platform contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys’ fees and costs, related to your violation of these Terms of Use, including the posting policy, or any violations thereof by your dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to BDC or this Platform.

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

Links on the Platform to third party Platform that you encounter via the Platform are solely provided as a convenience to you. If you use these links, you will leave the Platform.  You agree that BDC will not be responsible or liable for any dispute, loss or damage of any kind incurred as a result of any dealings between you and any such third parties.  In addition, you acknowledge that BDC does not endorse, verify, or make any representations regarding any third party advertisements, products or services. It is your sole responsibility to research and verify the legitimacy of any entity and content linked to the Platform, and you are solely responsible for your decision to submit personal information to any third party.  Any personal information that you submit through such third party site with be subject to the privacy policy and terms of use on that site.

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.

PRIVACY POLICY

We recognize the importance of respecting your privacy.   Our privacy policy provides you with information on how we use your personal information.  Please review our Privacy Policy for more information.

CHANGES TO PLATFORM

We  may add, change, discontinue, remove or suspend any portion of the Platform at any time, without notice.

TERMINATION
BDC reserves the right, without notice and at its sole discretion, to suspend or terminate these Terms of Use and/or your ability to access or use the Platform, and to block or prevent future access to and use of the Platform for any reason, including your breach of these Terms of Use or other conduct by you that BDC considers inappropriate.  BDC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Platform (or any part thereof) with or without notice.  Except as otherwise expressly stated in the Terms of Use, you agree that BDC shall not be liable to you or to any third party for any modification, suspension or discontinuation of the Platform (or any portion thereof).

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.

HEALTH DISCLAIMERS

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.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BDC’S CUMULATIVE LIABILITY TO YOU ARISING FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU FOR ACCESS TO THE PLATFORM.  IF NO AMOUNTS WERE PAID, YOUR SOLE REMEDY UNDER THESE TERMS OF USE SHALL BE TO DISCONTINUE ANY USE OF THE PLATFORM.

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.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THE PLATFORM AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS/HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

INDEMNIFICATION
By using the Platform, you agree to indemnify, defend and hold harmless BDC from and against any actual or alleged claims, demands, causes of action, judgments, damages, losses, liabilities, and all costs and expenses of defense (including, without limitation, reasonable attorneys' and other legal fees and costs) arising out of or relating to: (1) your violation of these Terms of Use or any law, rule or regulation; (2) your use of the Platform, including, without limitation, any Content available on the Platform and any activity of yours on the Platform; (3) loss of any data or account information; and (4) any material uploaded by you or through your computer to the Platform or otherwise sent by you to BDC.  You will cooperate as fully and reasonably as required by BDC in the defense of any claim.  BDC reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of BDC.

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.

FORCE MAJEURE

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.

Arbitration Agreement, 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.

Governing Law

These Terms of Use shall be exclusively governed by and construed in accordance with the laws of the State of New York, within the United States of America  without giving effect to any principles of conflicts of law.  Any dispute arising from these Terms of Use or the Platform shall be resolved in the state or federal courts residing in New York, New York and you irrevocably agree to the jurisdiction of such courts. BDC makes no representation that Content contained on the Platform is appropriate or available for use in jurisdictions outside the United States, or that the Terms of Use comply with the laws of any other country.  Visitors who use the Platform and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.  If any provision of these Terms of Use are deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.

Contact Us

If you have any comments or questions regarding these Terms of Use, or wish to report any violation of these Terms of Use, please contact us at  Support@BDCOnline.com. Broadway Dance Center 322 W 45th St • NY, NY 10036.  We will attempt address any issue raised in a reasonable period of time.