Service terms of sale


Introduction

1.1 These terms of sale govern the service of Private Ballet Sessions with Olia (“the Service “) which is a one to one service provided by The Dancer Next Door LLC ( “We”, “Us”, “Our”) whose whose registered office is at 312 W. 2nd St #2510, Casper, Wyoming 82601 to you, the person purchasing access to the Service (“the Member” “You”).

1.2 Provision of the Service will be subject to these terms of sale and you are deemed to have accepted them when you purchase access to the Service, unless we expressly agree in writing otherwise.

1.3 These terms of sale along with our Privacy Notice which can be viewed at https://thedancernextdoor.com/privacy-policy/ represent the entire agreement between us and apply to the exclusion of any other terms that you may try and impose or incorporate or which may be implied by trade, custom, practice or in any previous course of dealings. Any reference to terms of sale and/or this Agreement shall be deemed to include the Privacy Notice. For the avoidance of doubt these terms of sale shall take priority over any other document in the event a conflict arises.

1.4 The Agreement between us will commence when you purchase access to the Service and it shall continue until such time as it is terminated in accordance with these terms of sale.

Definition and Interpretation

2.1 For the purposes of these terms of sale, unless the context otherwise requires, the following expressions have the following meanings:




Confidential Information
means ideas, know-how, business practices, concepts and techniques, plans, trade secrets, and all other confidential and/or proprietary information;


Member
means you, the person accessing the Service and paying the Service Fee or the Monthly Fee;


Service Fee
Monthly Fee
means the amount payable in advance by the Member which entitles them to access the Service;
Service Period
means the time period which begins the day after the Service Fee or the Monthly Fee is paid and continues on for a period of approximately 3 months;


Services
means any or all of the services provided as part of the Service including, but not limited to, recorded videos, access to learning platform, workout videos, interactive coaching sessions and other related resources


Service Area
means the private group or area located at https://thedancernextdoor.thrivecart.com/l/private-ballet-sessions/



Personal Data
Means any information which is capable of identifying another individual as further defined within the General Data Protection Regulation 2016/679 (“GDPR”)




Becoming a Member

3.1 By applying to become a Member, you agree and warrant that you:

3.1.1 are legally capable of entering into binding contracts;

3.1.2 are at least 18 years of age; and

3.1.3 will ensure that all of the information that you provide to us is true and accurate.

3.2 Your application and purchase of the Service is a contractual offer that we may, at our sole discretion, accept. After making your application you will receive an email from us acknowledging that we have received notification of your application.

3.3 Our email acknowledgment is not our acceptance of your application. Our acceptance is indicated when we send your confirmation email (“Confirmation Email”) and a legally binding agreement between us will be formed once we send the Confirmation Email.

3.4 When you make an application to purchase access to the Service you will be required to acknowledge that you wish access to the Service to be provided to you immediately and that you acknowledge and agree that you will lose your legal right to change your mind and cancel this Service except in accordance with these terms of sale. Your other statutory rights as a consumer are not affected.

3.5 In the event we are unable to fulfil your application and deliver access to the Service we shall notify you by email and provide you with a full refund of any Service Fee or the Monthly Fee paid.

The Services

4.1 Access to the Service Area and all of the Services are online only and no alternative will be provided.

4.2 We shall deliver the Services with reasonable care and skill consistent with best practices and standards applicable within our marketplace and shall ensure that the content of the Online Course is of satisfactory quality, fit for purpose, and as described.

4.3 We shall use our reasonable endeavours to ensure that all descriptions of the Service correspond to the Service that we shall deliver to you.

4.4 In delivering the Services we may engage the services of our employees, contractors and other third-party providers as we deem necessary.

4.5 Whilst we shall make every effort to deliver the Services in accordance with the details as set out within these terms of sale, we reserve the right to amend, revise or make changes to the Service or cancel, amend, change or reschedule any part as is reasonably required by us without any notice to you. Where changes or amendments are made, we shall ensure that the Service still matches the description provided to you at the time of your purchase, save that we shall not be prevented from making any beneficial changes to the Service which mean that the original description is enhanced. We shall not be liable for any changes or cancellations that are made to the Service.

4.6 As part of the Services we may provide you with materials, information, resources, videos, data and other content (“Content”). By becoming a Member, you agree and accept that all such Content remains our confidential and proprietary intellectual property and belongs solely and exclusively to us and can only be used by you in connection with your Service, and should not be copied, disclosed, or used for any commercial reasons without our express consent.

4.7 Any information, support and guidance we provide to you as part of the Service is not personal to you and should not be taken or relied upon as advice, guidance or information personal to your own situation or circumstances.

4.8 Where, as part of the Services, we offer interactive or live sessions via video link or telephone (“Sessions”), the dates and times of these Sessions will be arranged by us and notified to you by email. It shall be your responsibility to attend the Sessions as arranged. In case you are unable to attend, you must give notice three or more hours prior to the arranged time for the sessions. You can ask to reschedule a session up to three times. If the same session is rescheduled more than three times, or if notice isn’t provided within the required time limits, the session will be considered as completed and no refunds or replacements will be given by us.

4.9 It is your responsibility to ensure that you have in place the necessary requirements to allow you to access the Service Area and use the Services as provided. We shall not be liable to you in the event you are unable to access the Service Area or any of the Services.

4.10 The Service Area is provided on an ‘as-is’ and ‘as available’ basis. From time to time we may be required to undertake changes or amendments to our Service Area or our systems and processes, which includes routine and unexpected maintenance. We shall not be liable for any lack of accessibility to the Service Area or our systems or processes which is caused due to routine or unexpected maintenance.

Your Obligations

5.1 Your Service is personal to you. On this basis you accept and agree that you will not share or disclose your access to the Service, or your password to any private area, with any third party, or sell, licence or otherwise assign your rights in relation to the Service.

5.2 We respect your privacy and confidentiality and we ask that you respect the privacy of other Members or individuals accessing the Service in particular that you agree:

5.2.1 to act in a reasonable and responsible manner at all times when accessing the Service Area and not to act in a manner which may cause offence, distress or alarm to any other Member or any other individual accessing the Service;

5.2.2 not to record Sessions or any part of the Services, for your personal use or otherwise;

5.2.3 not to share information, whether expressed to be confidential or not, that is shared by another Member;

5.2.4 not to capture or share images of any other Member or that include any other Member without that Member’s express permission;

5.2.5 not to use the Service Area, any private group or any other associated groups for any unlawful purpose; and

5.2.6 that when accessing the Service Area, any private group or any associated group that you will not upload, post, transmit or otherwise make available any content that:

infringes any copyright, trademark, or other intellectual property rights belonging to us or any other person or entity;
is by its nature defamatory, libellous, obscene, demeaning or which causes offence to another individual whether intended or not;
discloses personal and/or confidential or sensitive information about another person;
is threatening or causes a Member to feel harassed or in fear; and/or
is classed as spam.

5.3 You accept that when you become a Member of the Service that you may be required to review and make decisions concerning your lifestyle, education, development, health and wellness, and that any such reviews, subsequent decisions, implementation and action will be your sole responsibility and that we shall not be liable for your failure to make decisions, put into action plans or strategy, or for any results whether direct or indirect arising out of your Service with and participation in the Service.

5.4 As part of the Services you will have access to dance videos, workouts, and physical challenges (“Activities”). You accept and acknowledge that it is your responsibility to ensure that you are fit and well before engaging in any Activities and that during any Activity you remain responsible for monitoring your own physical condition so that you do not exceed the limits of your physical capabilities. If at any time you feel unwell whilst undertaking any of the Activities you must stop and seek medical assistance. If you are unsure as to your physical capabilities, or if you have concerns with regards to your health it shall be your responsibility to seek guidance from your general practitioner and obtain their consent before engaging in any of the Activities provided as part of the Services.

5.5 Where you undertake Activities as part of the Services it will be your responsibility for ensuring that you have a safe and sufficiently spacious area within which to carry out the Activities.

5.6 You accept and acknowledge that we are not registered health practitioners and that we are unable to provide any advice or undertake any assessment of your health or your physical capabilities.

5.7 In the event you have any concerns as to any aspect of our delivery of the Service you agree to notify us of such concerns by email to contact@thedancernextdoor.com as soon as possible and allow us reasonable time to investigate your concerns and resolve them before you take any further action. For the purposes of this clause further action includes stopping payment of the Service Fee or the Monthly Fee or making any chargeback or similar claim.

5.8 If you experience a fault or other issue with any of the Services please let us know immediately by email to contact@thedancernextdoor.com. We shall use our best endeavours to remedy the fault and where we are unable to fix it then you may be entitled to a full or partial refund. For further information concerning your rights as a consumer please contact your local Citizens Advice Bureau.

5.9 You agree to notify us by email in the event you become aware of any inappropriate behaviour or content being displayed on or in the Service Area, within any of our associated groups, or within our associated social media channels.

5.10 The Service Area is a private area. To gain access to the Service Area you will be required to set up an account and it shall be your responsibility to:
5.10.1 provide the correct information to set up your access to the private area or create your account; and
5.10.2.keep your password or any other access information private, safe and secure; and
5.10.3.to notify us should you become aware of, or suspect that a third party is aware of your password or access details.


5.11 When accessing the Service Area you agree not to take any action which seeks to disable or in any way interfere with any of our systems or processes or tests or seeks to test the vulnerability of any of our systems or processes.

5.12 You accept and agree that all communication between us will be via electronic means. We shall contact you using the email address that you provide to us and it shall be your responsibility to contact us if that changes. Where we need to provide you with information, we shall do this via email or by posting information on our Website. You can contact us using the details set out below.

5.13 In the event you refuse or fail to comply with this Clause 5 then we shall be entitled to terminate your access to the Services and any Sessions, associated groups or Service Areas.

Fees and Charges

6.1 The Fee for access to the Service is:
6.1.1 $77 per single session (“The Service Fee”)
OR
6.2.2 $297 per package of six sessions (“The Service Fee”)
OR
6.2.3 $197 per month, equivalent to four sessions (“The Monthly Fee”)

6.2 All payments to be made to us shall be made in US dollars $ and are inclusive of VAT and any other taxes which may apply.

6.3 Payment can be made in Thrive cart, by credit card, or Stripe.

6.4 Time shall be of the essence in respect of the payment of the Service Fee or the Monthly Fee.

6.5 Payment of the Service Fee or the Monthly Fee shall be made without deduction, set off or any form of withholding except as is required by law.

6.6 Cleared payment of the Service Fee or the Monthly Fee must be received by us before you are entitled to access the Services.

6.7 Where you wish to make payment of the Service Fee or the Monthly Fee by credit or debit card then you authorise us to charge your debit or credit card to obtain payment of the Service Fee or the Monthly Fee. In the event payment is rejected by your debit or credit card provider, or payment fails, but you have still received access to the Service then you agree to be responsible for payment of the Service Fee or the Monthly Fee within 7 days from access to the Service being provided.

6.8 At the end of your Service Period, unless further payment of the Service Fee or the Monthly Fee is made, your access to the Service Site and any Services will be terminated.
6.9 We reserve the right to vary the amount of the Service Fee and the Monthly Fee at any time. The Service Fee and the Monthly Fee that is shown on our Website or other Social Media Platforms at the time your purchase is made is the price that you will be required to pay

Refund Policy

7.1 No refund policy shall apply to your purchase of the Online Course as explained in clause 3.4, save where a fault exists as set out in clause 5.7 or where clause 8.4 applies.

7.2 You accept and understand that in light of the no refund policy, no chargeback or threatened chargeback claims from your debit or credit card provider will be accepted by us. Should you have any concerns with the Service then you agree to raise your concerns with us in accordance with these terms of sale. In the event you choose to pursue a chargeback claim without first contacting us, then you accept that such action shall constitute a breach of these terms of sale and you shall indemnify us for the repayment of any charges, costs or fees imposed on us by your debit or credit provider or our merchant service provider as a result of your actions, along with the our reasonable costs for dealing with the matter calculated at a rate of $100 per hour.

Cancellation and Termination
8.1 Your Service will automatically terminate at the end of your Service Period if payment of the Service Fee or the Monthly Fee for the following month is not paid in full.

8.2 For the safety, protection and benefit of other Members, we reserve the right to cancel your access to the Service and any of the Services at any time. In the event such a situation arises we do not need to provide a reason for the cancellation and any refund will be considered at our absolute discretion.

8.3 We reserve our rights to terminate your access to the Services, with immediate effect, if you:

8.3.1 commit a material breach of your obligations under these terms of sale; or
8.3.2 fail to provide payment of any amount due in respect of the Service Fee or the Monthly Fee as and when it becomes due; or
8.3.3 have a bankruptcy petition presented against you or you become subject to a bankruptcy order; or
8.3.4 enter into a voluntary arrangement pursuant to the Insolvency Act 1986; or
8.3.5 any of the circumstances arise as set out in clause 9.7.

8.4 We shall be entitled to limit the Services or suspend, and/or terminate the arrangement without refund of any Service Fee or the Monthly Fee, whether paid or remaining due and payable, if we reasonably determine that you:
8.4.1 are becoming disengaged, disruptive or if you impair the provision of the Services or the enjoyment of the Services by any other Member. For the purposes of these terms of sale, the terms disengaged and disruptive shall be given their ordinary dictionary meaning and examples of such behaviour shall include, but not be limited to, displaying a lack of interest in the Services, failing to respond positively to requests for further information or other contact, repeatedly ignoring or failing to respond to emails or other messages, communicating in a way which is abusive or intended to cause offence; and/or
8.4.2 are failing to follow or abide by any of these terms of sale or any other terms or guidelines as may be agreed whether such action constitutes a material breach or not.

8.5 Upon termination of this arrangement for any reason:

8.5.1 all clauses which either expressly or by their nature relate to the period after the delivery of the Services or expiry or termination of the same shall remain in full force and effect; and
8.5.2 you will no longer have any access to any private groups, Sessions or Content, unless we have expressly agreed in writing otherwise; and
8.5.3 You shall (except to the extent referred to in clause 9.3) cease to use, either directly or indirectly any Confidential Information, and shall immediately return to us any documents in your possession or control which contain a record of any Confidential information.

8.6 If you choose the Subscription and to pay the Monthly Fee, you must cancel at least two days prior the arranged date of your rebill. If you cancel, after that time, you may be charged with the Monthly Fee. In this case, you will have access to one more month of four private ballet sessions.

8.6.1 If you subscribe and cancel your subscription two or more times within a period of three months, you lose the right to subscribe and pay the Monthly Fee for 12 months. Within that period of 12 months, you may purchase a single session or a package of six sessions and pay the Service Fee

Confidentiality, Intellectual Property and Data Protection

9.1 We understand and respect the value of Confidential Information and in the event you choose to share Confidential Information with us as part of your use of the Services then we shall not, either directly or indirectly, communicate or disclose, make available to, or use for our own purposes and Confidential information that you may disclose to us or that may be disclosed as part of your participation in the Service and your access to the Services to which these terms of sale relate.

9.2 Confidential Information for the purposes of these terms of sale excludes any information that:
9.2.1 was already known to us prior to being provided with that information by you;
9.2.2 is already accessible in the public domain;
9.2.3 is provided to us by a third party separately from this arrangement and without any breach of these terms of sale; or
9.2.4 is produced, developed or collated by us independently of you and without any breach of these terms of sale.
9.3 We shall grant to you a personal, limited, non-transferable, revocable licence to access, view and use any Content provided as part of the Services solely for your personal and private use and for the purposes intended by, and for the duration of your Service, as set out in these terms of sale. All other uses are strictly prohibited.

9.4 In respect of the Services to be provided pursuant to these terms of sale we both agree that in relation to any personal information, whether confidential or not, that is shared between us that we shall both be individually responsible to comply with any and all relevant data protection laws and legislation, including the GDPR, and agree to take appropriate steps to keep all information safe and secure and to protect against loss and destruction, including accidental, and any unlawful or unauthorised processing. For full details of how we process, use, collect and store your Personal Data please refer to our privacy notice which can be found at https://thedancernextdoor.com/privacy-policy/

9.5 We shall only process your Personal Data to the extent reasonably required to enable proper delivery of the Services and shall only retain it for as long as is necessary to allow completion and delivery of the Service and to comply with any legal or regulatory requirements in accordance with relevant retention guidance.

9.6 By purchasing access to the Service, you hereby agree and undertake that from the date of purchase:
9.6.1 not to infringe any of our, or any Members’, copyrights, patents, trademarks, trade secrets or other intellectual property rights;
9.6.2 that any Confidential Information disclosed by us, or by another Member, is confidential and proprietary, and belongs solely and exclusively to the person disclosing it;
9.6.3 not to disclose such Confidential Information to any other person or use it in any manner other than in discussions as part of your participation in the Service and your use of the Services;
9.6.4 that all Content provided by us or another Member, is that individual’s confidential and proprietary intellectual property and belongs solely and exclusively to them, and may only be used by you as expressly authorised by the person disclosing it; and
9.6.5 the reproduction, distribution, and/or sale of any Content provided during provision of the Services or at any time thereafter by anyone but us is strictly prohibited. You agree that in the event of any breach of your obligations contained in these terms of sale then damages, loss, or irreparable harm may arise and that in such circumstances we shall be entitled to seek relief, including injunctive relief against you.

9.7 We shall be permitted to disclose Confidential Information to any director, officer, employee, agent, sub-contractor or adviser only to the extent necessary for the performance of the Services.

9.8 In the event you choose to share comments, information, content, photos, graphics or images (“Member Content”) with us then in doing so you are granting to us, free of charge, permission to use your Member Content in any way as part of our business services. Such uses shall include advertising and marketing.

9.9. Where you choose to share Member Content with us as defined above, you confirm that you have the legal right to share that Member Content and that it does not infringe any third party’s intellectual property or other rights.

9.10 Where you provide us with a testimonial, review or similar information (“Review”) then in doing so you consent for us to exhibit, copy, publish, distribute, use on our website or any of our pages, our social media sites or in our advertising and marketing campaigns or email communications, your Review or part of your Review, as we reasonably require to lawfully promote our business. You can amend your consent at any time by emailing us.

9.11 The obligations set out above shall not apply where it is necessary for us to disclose in connection with legal proceedings, prospective legal proceedings, to allow us to obtain legal advice, or where we have been directed to do so by a court or other body of equivalent jurisdiction.

9.12 The provisions of this Clause 9 shall continue in force notwithstanding the termination of our arrangement for any reason.

Liability

10.1 Your purchase of access to the Service and your compliance with these terms of sale does not constitute or imply any business relationship other than as set out within this Agreement.

10.2 We warrant that the content of the Service is of satisfactory quality and reasonably fit for the purposes in which it is intended to be used as described on our Website and social media platforms.

10.3 Save for the warranty set out in the clause above, all warranties and representations are excluded to the fullest extent permitted by law.

10.4 By participating in the Service you will have access to information designed to benefit you but it is your responsibility to take action and to implement the necessary information received and/ or the skills or tools shared. Since your success and any results are dependent on factors which are outside of our control, we do not guarantee that any particular results or success will be achieved.

10.5 We have made every effort to accurately represent the Service. Any testimonials and/or examples of results experienced are not intended to represent or guarantee that anyone will achieve the same or similar results.

10.6 We do not warrant or guarantee that your access to the Service will be:
10.6.1.accessible via your particular hardware or software;
10.6.2.free from interruptions or errors;
10.6.3.free from defects;
10.6.4.suitable for your particular business situation or circumstances.

10.7 We shall not be liable (whether caused by us, our agents, employees or otherwise) to you for:
10.7.1.any indirect, consequential or special damages, losses or costs;
10.7.2 any loss of profits, business, data, reputation or goodwill or any such anticipated losses;
10.7.3 any failure to deliver the Services where we are prevented due to a reason behind our reasonable control; or
10.7.4 any losses arising from your choices of Service Service requested or your use of the Services once delivered.

10.8 In the event damages are incurred by you as a result of our default or breach of these terms of sale, our entire liability is limited to the amount of the Service Fee or the Monthly Fee paid by you as at the time the loss is sustained. You agree and acknowledge that this clause 10.8 is fair and reasonable given the nature of this arrangement and the provision of the Services.

10.9 We shall not be liable to you where we have informed you of a problem with the Services and provided you with a free update to resolve any problem and you have failed to apply the update, or where any damage is caused due to your failure to follow any instructions or guidance we provide.

10.10 Nothing in these terms of sale seeks to excuse or limit your legal rights as a consumer. For further information concerning your legal rights please contact your local Citizens Advice Bureau.

10.11 Nothing in these terms of sale shall limit or exclude our liability for death or personal injury caused by our negligence or for any fraudulent misrepresentation.

10.12 During the term of your Service, and at any time thereafter, you agree to take no action which is intended, or would reasonably be expected, to harm us, our agents, employees, contractors, or clients, or our or their reputation or which would reasonably be expected to lead to unwanted or unfavourable publicity to us, our agents, employees, contractors, or clients.

10.13 In the event a dispute arises in connection with these terms of sale and the provision of the Services which is incapable of being resolved by mutual consent then we both agree to submit the matter for mediation by an independent mediator. In the event a resolution is still not possible following mediation then either of us shall be at liberty to commence legal action.

General
11.1 The failure of either Party to actively enforce any provision of these terms of sale shall not prevent that Party from subsequently seeking to enforce any term or obligation of and any such failure shall not constitute a waiver, diminution or limitation of any right.

11.2 In the event any provision of these terms of sale is deemed to be invalid, or unenforceable for any reason then that provision shall be struck out and the remaining provisions shall remain valid and enforceable.

11.3 Every effort will be made to deliver the Services in accordance with these terms of sale but we shall not be liable for any delay or failure in provision of the Services should we be prevented or delayed due to any act, event, omission or accident beyond our reasonable control (“Events”), including but not limited to any of the following: an act of god (which shall include but not be limited to fire, flood, earthquake, windstorm or other natural disaster), extreme adverse weather conditions, disease, epidemic or pandemic, strike, industrial action, lock out, lockdown, war or threat or preparation for war, civil war, civil commotion, riot, armed conflict, imposition of sanctions, embargo, terrorist attack, nuclear, chemical or biological contamination or sonic boom, explosion, delays in transit, malicious or accidental damage, collapse of building structures or failure of plant or machinery, loss at sea, any act or omission of a telecommunications officer or third party supplier of services, the expiry of any transition or implementation period agreed with the United States during which State of Wyoming law is applicable to, or any other circumstances beyond our control. Should an Event occur then time of delivery of the Services shall be extended until a reasonable time after the Event preventing or interfering with the delivery and access to the Services, and under no circumstances will we be liable for any loss or damage suffered by you as a result thereof.

11.4 Where an Event arises, we shall provide you with a notice in writing sent to the email address which you provide to us, and which it shall be your duty to inform us should it change, setting out the nature and extent of the Event and any steps we are taking to mitigate the impact and effect of the Event.

11.5 Should the Event continue for longer than 6 months then either one of us shall be entitled to terminate this Service by providing the other with 14 days’ notice in writing. Termination in these circumstances shall be without prejudice to the rights of the parties in respect of any breach of these terms of sale occurring prior to termination. Any refunds will be considered at our discretion.

11.6 Governing Law and Designation of Forum. (a) The laws of the State of Wyoming (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this agreement and the transactions it contemplates, including, without limitation, its interpretation, construction, validity, performance (including the details of performance), and enforcement.
(b) A party bringing a legal action or proceeding against the other party arising out of or relating to this agreement or the transactions it contemplates must bring the legal action or proceeding in any court of the State of Wyoming sitting in Natrona County. Each party to this agreement consents to the exclusive jurisdiction of the courts of the State of Wyoming sitting in Natrona County and its appellate courts, for the purpose of all legal actions and proceedings arising out of or relating to this agreement or the transactions it contemplates.

11.7 You agree that no other representations have been made by us to induce you into purchasing the Service and no modification or variation to these terms of sale shall be effective unless agreed in writing.

11.8 Save as provided for in clause 10.12 the Contracts (Rights of Third Parties) Act 1999 shall not apply.

PRIVACY NOTICE

This Privacy Notice sets out the details of how Maria-Olga Tsopela (aka Olia Tsopela-George) t/as The Dancer Next Door LLC (“we”, “us”, “our”) as data controller, collects and processes your personal data obtained directly from you, or through our website located at www.thedancernextdoor.com, or our other online platforms and social media channels which, for the purposes of this privacy notice, shall be collectively referred to as (“the Website”).

For the purposes of this Privacy Notice, personal data shall mean any information that can be used to identify an individual whether directly or indirectly (“Personal Data”).

Please read through the content of this Privacy Notice carefully and ensure that you understand it. If you do not understand the content of this Privacy Notice or do not accept or agree with it then you must stop using the Website and/ or accessing our other online platforms, social media groups and any other associated groups or pages immediately. If you have already provided us with any Personal Data then you must contact us immediately.

If you have any questions about this Privacy Notice or require more information concerning our privacy and data protection practices please contact us at contact@thedancernextdoor.com.

What personal data do we process, why do we process it, and how do we collect it

We may process Personal Data that you provide to us by subscribing to a newsletter or email list, requesting information through a contact form, or by any other communication via email, text, Meta Platforms, Pinterest, Tik Tok, YouTube or through our Website.

We may also process your personal data through the use of cookies or other tracking software on our Website. Please refer to our separate cookie policy for further information.

We may also process Personal Data received from third parties such as Meta Platforms Ireland Limited, Google, Pinterest, Youtube, Paypal, Stripe, ConvertKit, Acuity Scheduling, Zoom, WordPress, Outlook or other information, analytic or advertising providers or other search or payment processing services.

When we process your Personal Data we will comply with the relevant data protection laws and principles such as the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”), which means that your data will be used lawfully, fairly and in a transparent way, kept securely and only for as long as necessary for the purposes we have told you about.

We shall only collect and process your Personal Data for purposes that are clearly outlined prior to you providing us with your data, or for a legitimate reason.

Whenever we process your Personal Data we do so on the basis of a lawful condition this will either be because you have given your consent for us to process your data, where we are under a contractual or legal obligation, or where it is in our legitimate interests to do so.

We do not carry out automated decision making or any type of automated profiling.

The types of Personal Data which we process will vary depending on your own specific circumstances but typically can include:

Personal Information: which may include your name, date of birth, email address, phone number, business contact details, correspondence address, IP address. We shall process this data for the purposes of communicating with you and keeping our records on the lawful grounds of legitimate interest;

Customer or Client Information: should you purchase goods and/or services from us then we may process information in connection with your purchase, and the supply of that purchase, as well as keeping appropriate records. Such information may include your Personal Information, billing address, delivery address, credit card or other payment details and we shall process it on contractual grounds;

User Information: this may include comments or statements that you may make or post via our Website, online platforms or social media channels, images, documents or videos that you share on or through our Website or through any of our pages or other online platforms, and information concerning your use of our Website or other online platforms such as your browser information, pixel ID, page views, pages visited, number of visits and where appropriate log-in details. We shall process this information to analyse and monitor usage and content of our Website and other platforms and channels to ensure the content is relevant to you, to support our administration and record keeping requirements, and to maintain security of our systems on legitimate interest grounds;

Promotional Information: this may include information you provide in connection with any promotions, marketing or advertising from us or our third parties. We shall use this information to provide relevant offers and advertisements, competitions and promotions and other free resources and to monitor our promotional activity, keep records and compile analytics on legitimate interest grounds.

We may also process your Personal Data to deliver or send relevant advertisements to you through our Website and to analyse the success and effectiveness of such adverts for our legitimate interest purposes of promoting and growing our business.

In accordance with the Privacy and Electronic Communications Regulations (PECR) we may also send you relevant advertisements or marketing information if you:

have ever purchased or enquired about our products or services; and

at the time of your purchase or enquiry you agreed to receive advertising or marketing information from us and you have not opted out from receiving that information.

Where we contact you through email, we shall ensure that our emails clearly display the location of the sender and include clear options for you to opt-out from receiving contact from us in accordance with the CAN-SPAM Act.

Special Category Data

To allow us to deliver our services to you we need to process special category data which will include information concerning any previous injuries or relevant medical conditions. We require your explicit consent to undertake this processing and we will contact you to obtain this.

Disclosure of Personal Data

We may use any of the following external service providers to support our business and may share your personal data with those third parties:

Meta Platforms Ireland Limited

Pinterest;

Google;

Paypal;

Stripe;

ConvertKit;

Zoom;

Dropbox;

Acuity Scheduling;

WordPress

Outlook

YouTube

Tik Tok

ThriveCart.

We understand that all of these third parties have appropriate technical and security processes in place to protect your data.

We may also share your personal data as follows:

where it is necessary for external service providers who have been engaged by us to assist in the provision of services to our clients and customers;

where it is required by our professional support teams;

where we are required by a government body or legal obligation or to protect our rights;

where it is required in connection with the sale or purchase of any business or assets;

Where we have outsourced a function or activity to an external service provider, we will only disclose Personal Data that the service provider needs to undertake that function or activity, and we require external service providers to agree to keep your Personal Data secure in accordance with the relevant law.

We agree not to share your Personal Data with any third party for that third party’s marketing purposes unless we have obtained your consent to do so.

Transfer of Personal Data

Our Website is located within the United States, State of Wyoming, County of Natrona and your data will be processed in the United States. We comply with the Internet laws applicable to that country.

We may also transfer your Personal Data to a third-party service provider which requires your Data to be transferred outside of the USA. Where your Data is transferred outside of the USA by our third-party service providers, we understand that they comply with the following standards relating to the security of your Personal Data:

I. Meta Platforms Ireland Limited utilise standard contractual clauses approved by the European Commission and rely on the European Commission’s adequacy decisions about certain countries, as applicable, for data transfers from the EEA to the United States and other countries.;

II. Pinterest may transfer the personal data of EEA residents to a country outside the EEA. When they transfer information from the EEA to a country that doesn’t provide an adequate level of protection, they’ll only do so under appropriate safeguards to protect your information, such as standard contractual clauses. Pinterest complies with the California Consumer Privacy Act (CCPA)

III. Google complies with the European Commission adequacy decisions, UK adequacy regulations, Swiss adequacy decisions;

IV. Stripe uses one or more of the following: EU Standard Contractual Clauses with a data recipient outside the EEA, Switzerland or the UK, verification that the recipient has implemented Binding Corporate Rules, or other legal methods available to us under applicable law.

V. Zoom Where personal data of users in the EEA, Switzerland, or the UK is being transferred to a recipient located in a country outside the EEA, Switzerland, or the UK which has not been recognized as having an adequate level of data protection, we ensure that the transfer is governed by the European Commission’s standard contractual clauses. Zoom follows the California Consumer Privacy Act;

VI. Dropbox When transferring data from the European Union, the European Economic Area, the United Kingdom and Switzerland, Dropbox relies upon a variety of legal mechanisms, such as contracts with our customers and affiliates, Standard Contractual Clauses and the European Commission’s adequacy decisions about certain countries, as applicable. Dropbox is overseen by the US Federal Trade Commission.;

VII. WordPress https://wordpress.org/about/privacy/;

VIII. ConvertKit complies with the California Consumer Privacy Act (“CCPA”) https://convertkitdevo.wpengine.com/privacy;

IX. Acuity Scheduling relies upon a number of means to transfer personal information which is subject to: (a) the European General Data Protection Regulation (“GDPR”) in accordance with Chapter V of the GDPR; or (b) applicable UK data privacy laws in accordance therewith. These include:

Standard data protection clauses. They transfer, in accordance with Article 46 of the GDPR, personal information to recipients that have entered into the European Commission approved contract for the transfer of personal data outside the European Economic Area. They transfer, in accordance with UK law, personal information to recipients that have entered into the UK Information Commissioner’s Office approved international data transfer agreement and the UK addendum to such European Commission approved contract.

Other means. They may, in accordance with Articles 45 and 46 of the GDPR, transfer personal information to recipients that are in a country the European Commission or a European data protection supervisory authority has confirmed, by decision, offers an adequate level of data protection, pursuant to an approved certification mechanism or code of conduct, together with binding, enforceable commitments from the recipient to apply the appropriate safeguards, including as regards data subjects’ rights, or to processors which have committed to comply with binding corporate rules;

X. ThriveCart signed Data Processing Addendum (including Model Clauses) with AWS which covers transfer of data from within the European Union to the US.

XI. Tik Tok https://www.tiktok.com/legal/page/row/privacy-policy/en .

Where we transfer data to parties not listed above that are outside of the EEA then we will ensure that at least one of the following conditions is met:

You have given your express consent;

The country has an approved adequate level of protection for personal data;

It is legally required;

It is authorised by the relevant data protection authority.

Data security

We take the protection of your Personal Data seriously and have taken suitable and reasonable steps to protect the Personal Data we hold from misuse, loss, unauthorised access, and any modification or disclosure.

We limit access to your Personal Data to those employees, agents, contractors or third parties who have a business need to know. They will only process your Data on our instructions and must keep it confidential.

If you are submitting Personal Data over the internet that you wish to remain private, please note that while attempts are made to secure information transmitted to this site, there are inherent risks in transmitting information across the internet. If you prefer, we can arrange for you to submit your Personal Data through alternative means. Please contact us to discuss alternative methods.

Data retention

We will not keep your Personal Data for longer than is required with regard to the purpose for which it was collected by us or provided by you including any legal or record keeping requirements and will take reasonable steps to destroy or permanently de-identify your Personal Data when it is no longer required.

Your rights in relation to the data we hold

You have rights in relation to your Personal Data these include the right to access and receive a copy of your Personal Data, to ask us to correct any errors, to erase your Personal Data, to restrict or object to how your information is processed. You can find out more about your rights by visiting https://ico.org.uk/your-data-matters/.

To ensure the information we hold about you remains accurate please contact us using the email address above if at any time your personal details change.

Where you have provided your consent for us to process your Personal Data you can withdraw that consent at any time. Should you wish to do so please contact us at the above email address.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics and Conversion Tracking:

We may use analytics services that use cookies, javascript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

For example, we use cookies on our site for Google Analytics (the “Analytics Service”). The Analytics Service is a web-based analytics tool that helps website owners understand how visitors engage with their website. The Analytics Service customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, the Analytics Service uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

The Analytics Service collects information anonymously. They report website trends without identifying individual visitors. You can opt out of the Analytics Service without affecting how you visit our site. For more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We may also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Links to other sites

The Website may contain links to other sites. We are not responsible for the privacy practices of those websites and have no knowledge of whether cookies or other tracking devices are used on any such linked sites. If you have any concerns regarding the privacy of your information you should ensure you are aware of the privacy policies of those sites before disclosing any personal information.

Changes to this Privacy Notice

We reserve the right to alter or amend this Privacy Notice without any prior notice to you. Should our Privacy Notice be altered, the new Privacy Notice will be posted on the Website.

Your first use of our Website after the date of any amendments or alterations will constitute your acceptance of such changes therefore, we recommend you rev ie this Privacy Notice regularly to keep informed of any changes.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of the State of Wyoming regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the courts located in the State of Wyoming, County of Natrona, in all disputes arising out of or relating to the Services.

Terms of Service Agreement

Welcome to The Dancer Next Door, operated by The Dancer Next Door LLC and Maria-Olga Tsopela (aka Olia Tsopela-George), located at Casper, Wyoming. By using the website located at www.thedancernextdoor.com, https://thedancernextdoor.as.me, https://thedancernextdoor.ck.page, https://thedancernextdoor.thrivecart.com/, the related mobile website, and the mobile application (collectively, the “Websites”), you agree to be bound by these Terms of Service (this “Terms of Service” or “Agreement”), whether or not you register as a member of www.thedancernextdoor.com (“Member”). If you wish to become a Member and/or make use of the service (the “Service”), please read this Agreement. If you object to anything in this Agreement or theThe Dancer Next Door LLC Privacy Policy, do not use the Service.



This Agreement is subject to change by The Dancer Next Door LLC at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following www.thedancernextdoor.com posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.



Electronic Agreement. This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by The Dancer Next Door LLC from time to time, such modifications to be effective upon posting by The Dancer Next Door LLC on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.



Access and Retention. In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.


Commercial Use of Service. If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:


You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service;
You have read and understand this Terms of Service; and
You agree to this Terms of Service on behalf of the Subscribing Entity.


Illegal and/or unauthorized uses of the Websites include, but are not limited to, browsing or downloading illegal content, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Websites, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Websites in any fraudulent or misleading manner, any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites, and using the Websites in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Websites may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Websites and Service is with the permission of The Dancer Next Door LLC, which may be revoked at any time, for any reason, in The Dancer Next Door LLC’s sole discretion.



Account Security. You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to (a) immediately notify The Dancer Net Door LLC of any unauthorized use of your username or password or any other breach of security, and (b) ensure that you exit from your account at the end of each session.The Dancer Next Door LLC will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If you share your computer with others, you may wish to consider disabling your auto-login feature if you have it linked to your The Dancer Next Door LLC account.


Your Use of the Websites


You may not browse or download illegal content.


You must not copy or capture, or attempt to copy or capture, any content from the Websites (the “Content”) or any part of the Websites, unless given express permission by The Dancer Next Door LLC.


You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Platform, except (i) where such Content is created by you (such content, “Your Content”), or (ii) as permitted under these Terms of Service, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”) (for example, under the terms of Creative Commons licenses selected by the Uploader).


You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Websites’ offering.


You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.


You must not employ the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log-in, post comments, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Websites.


You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Websites or any Content appearing on the Websites (other than Your Content).


You must not, and must not permit any third party to, copy or adapt the object code of the Websites, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Websites, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.


You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:


any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in The Dancer Next Door LLC’s sole and reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in The Dancer Next Door LLC’s sole and reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Websites or servers or networks forming part of, or connected to, the Websites, or which does or might restrict or inhibit any other user’s use and enjoyment of the Websites; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.
You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.


You must not rent, sell or lease access to the Websites, or any Content on the Websites, although this will not prevent you from including links from Your Content to any legitimate online download store from where any item of Your Content may be purchased.


You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.


You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any The Dancer Next Door LLC employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.


You must not sell or transfer, or offer to sell or transfer, any The Dancer Next Door LLC account to any third party without the prior written approval of The Dancer Next Door LLC.


You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.


You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by The Dancer Next Door LLC or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of The Dancer Next Door LLC’s servers, system or network or attempt to breach The Dancer Next Door LLC’s data security or authentication procedures; attempt to interfere with the Websites or the Services by any means including, without limitation, hacking The Dancer Next Door LLC’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of The Dancer Next Door LLC under these Terms of Service, The Dancer Next Door LLC reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.


You agree to comply with the above conditions, and acknowledge and agree that The Dancer Next Door LLC has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Service. This may include taking court action and/or reporting offending users to the relevant authorities.



Representations and Warranties. You hereby represent and warrant to The Dancer Next Door LLC as follows:


Your Content, and each and every part thereof, is an original work by you, or you have obtained all rights, licenses, consents and permissions necessary in order to use, and (if and where relevant) to authorize The Dancer Next Door LLC to use, Your Content pursuant to these Terms of Service, including, without limitation, the right to upload, reproduce, store, transmit, distribute, share, publicly display, publicly perform, make available and otherwise communicate to the public Your Content, and each and every part thereof, on, through or via the Websites, any and all Services and any third party services.


Your Content and the availability thereof on the Platform does not and will not infringe or violate the rights of any third party, including, without limitation, any intellectual property rights, performers’ rights, rights of privacy or publicity, or rights in confidential information.


You have obtained any and all necessary consents, permissions and/or releases from any and all persons appearing in Your Content in order to include their name, voice, performance or likeness in Your Content and to publish the same on the Websites and via any third party services.


Your Content, including any comments that you may post on the Websites, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.


Your Content does not and will not create any liability on the part of The Dancer Next Door LLC, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.


The Dancer Next Door LLC reserves the right to remove Your Content, suspend or terminate your access to the Platform and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.



Term. This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at contact@thedancernextdoor.com. If you resign or cancel your membership and/or subscription to The Dancer Next Door LLC, to help The Dancer Next Door LLC analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. The Dancer Next Door LLC may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to The Dancer Next Door LLC. If The Dancer Next Door LLC terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees. All decisions regarding the termination of accounts shall be made in the sole discretion of The Dancer Next Door LLC. The Dancer Next Door LLC is not required to provide you notice prior to terminating your membership and/or subscription. The Dancer Next Door LLC is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.


Modifications to Service. The Dancer Next Door LLC reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that The Dancer Next Door LLC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


Blocking of IP Addresses. In order to protect the integrity of the Services, The Dancer Next Door LLC reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Websites.


Content.
Proprietary Rights. The Dancer Next Door LLC retains all proprietary rights in the Websites and the Service. The Websites contains the copyrighted material, trademarks, and other proprietary information of The Dancer Next Door LLC, and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on The Dancer Next Door LLC is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of The Dancer Next Door LLC and for The Dancer Next Door LLC’s Members’ use only. Distribution of Content to others is strictly prohibited. You agree that The Dancer Next Door LLC would be irreparably harmed by any violation or threatened violation of this section and that, therefore, The Dancer Next Door LLC shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.


We may provide links to third party websites, and some of the content appearing on The Dancer Next Door LLC may be supplied by third parties. The Dancer Next Door LLC has no responsibility for these third party websites nor for their content, which is subject to and governed by the Terms of Service and/or privacy policies, if any, of the applicable third party content providers.



Ownership of Your Content; Licenses.
You agree that any content you upload to the Websites and/or the Service (“Your Content”) shall become the property of The Dancer Next Door LLC. This shall have no effect on Sections 11 (Copyright Policy), 14 (Limitation of Liability), and 15 (Indemnity by You) of this Agreement.



However, with respect to Your Content, The Dancer Next Door LLC grants you a worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, and publicly display such content, except with regard to commercial or for-profit use account.



Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Websites from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.



Restrictions on Use of Materials. You acknowledge that The Dancer Next Door LLC contains images, text, and other content (collectively, “Intellectual Property”) that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Intellectual Property is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and The Dancer Next Door LLC owns a copyright in the selection, coordination, arrangement and enhancement of such Intellectual Property. All trademarks appearing on this Websites are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Intellectual Property, in whole or in part. When Intellectual Property is downloaded to your computer, you do not obtain any ownership interest in such Intellectual Property. Modification of the Intellectual Property or use of the Intellectual Property for any other purpose, including, but not limited to, use of any Intellectual Property in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.


Copyright Policy. The Dancer Next Door LLC prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.


Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:



The Dancer Next Door LLC

312 W. 2nd St #2510

82601 Casper

United States




If you believe that your intellectual property right (or such a right that you are responsible for enforcing) is infringed by any content on the Site, please write toThe Dancer Next Door LLC at the address shown above, giving a written statement that contains:



identification of the copyrighted work and/or intellectual property right claimed to have been infringed;


identification of the allegedly infringing material on the Site that is requested to be removed;


your name, address, and daytime telephone number, and an e-mail address if available;


a statement that you have a good faith belief that the use of the copyrighted work and/or exercise of the intellectual property right is not authorized by the owner, its agent, or the law;


a statement that the information in the notification is accurate, and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of the right that is allegedly infringed; and


the signature of the intellectual property right owner or someone authorized on the owner’s behalf to assert infringement of the right.


The Dancer Next Door LLC will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.



Liability for Content. You hereby acknowledge and agree that The Dancer Next Door LLC (i) stores Content and other information at the direction, request and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage and distribution of such Content, and (iii) plays no active role and gives no assistance in the presentation or use of the Content. You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Websites, and to the extent permissible by law, The Dancer Next Door LLC excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.


You hereby acknowledge and agree that The Dancer Next Door LLC cannot and does not review the Content created or uploaded by its users, and neither The Dancer Next Door LLC nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Websites for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Service or applicable law.



The Dancer Next Door LLC and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Websites by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Websites. By using the Websites, you irrevocably waive the right to assert any claim with respect to any of the foregoing against The Dancer Next Door LLC or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

Repeat Infringers. The Dancer Next Door LLC will suspend or terminate your access to the Websites if The Dancer Next Door LLC determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Service.


If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Service, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Websites terminated forthwith.



We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by The Dancer Next Door LLC at its sole discretion.



Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Service.



Limitation of Liability. In no event shall The Dancer Next Door LLC be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Websites or Service, or use thereof. Nothing contained in this Websites or in any written or oral communications from The Dancer Next Door LLC or its employees or agents shall be construed to make any promise, covenant, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.


The content and functionality on the Websites and the services provided by employees of the Websites are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Dancer Next Door LLC makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Websites’ content or that the functionality of the Websites will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of the Websites and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL THE DANCER NEXT DOOR LLC, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITES OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITES, EVEN IF THE DANCER NEXT DOOR LLC HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.



TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE DANCER NEXT DOOR LLC HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITES OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS; LOST DATA; LOSS OF GOODWILL; COPYRIGHT, TRADEMARK, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT; WORK STOPPAGE; EQUIPMENT FAILURE OR MALFUNCTION; ILLEGAL, IMMORAL OR FRAUDULENT ACTIVITY; PERSONAL INJURY; PROPERTY DAMAGE; OR ANY OTHER DAMAGES OR LOSSES, EVEN IF THE DANCER NEXT DOOR LLC HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.



In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of The Dancer Next Door LLC and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Websites or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to The Dancer Next Door LLC during the six months prior to notice to The Dancer Next Door LLC of the dispute for which the remedy is sought.



Indemnity by You. You agree to indemnify and hold The Dancer Next Door LLC, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:


your use of the Service and/or Websites in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;


any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Websites, and/or your making available thereof to other users of the Websites, and/or the actual use of Your Content by other users of the Websites or related services in accordance with these Terms of Service and the parameters set by you with respect to the distribution and sharing of Your Content;


any activity related to your account, either by you or by any other person accessing your account with or without your consent unless such activity was caused by the act of The Dancer Next Door LLC.


Attorney Fees. In the event that The Dancer Next Door LLC is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for The Dancer Next Door LLC’s attorneys’ fees and costs.


Parental or Guardian Permission. Some of the Content on the Websites may not be appropriate for children. CHILDREN UNDER THE AGE OF 17 ARE NOT PERMITTED TO USE THE WEBSITES UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT.


Privacy. Use of the Websites and/or the Service is also governed by our Privacy Policy, located at https://thedancernextdoor.com/privacy-policy/


Jurisdiction and Choice of Law; Dispute Resolution. If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Wyoming with the same force and effect as if such service had been made within the State of Wyoming. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.


Arbitration Provision/No Class Action. Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of Wyoming, County of Natrona. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Wyoming, County of Natrona.


No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.


Availability Outside the U.S. If you access The Dancer Next Door LLC from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Websites from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.


Entire Agreement. This Agreement contains the entire agreement between you and The Dancer Next Door LLC regarding the use of the Websites and/or the Service.


Severability; Waiver. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, The Dancer Next Door LLC’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect The Dancer Next Door LLC’s ability to enforce such term at any point in the future.


Headings. The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.
Please contact us with any questions regarding this agreement.



I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.