Terms of Use
Welcome to DanceFlix, a subscription based online video rental service. We provide our members with instructional dance, fitness and entertainment DVDs. We have put together these Terms of Use to better serve you. In the Terms of Use, you will gain a deeper understanding of how our service works. Please read and understand them, as they are a legal contract that governs your use of our service. We hope you enjoy the DanceFlix service!
Acceptance of Terms of Use
The Terms of Use govern your use of our service and is a binding Agreement between you and DanceFlix. By using our service, you accept and agree to be bound by the Terms of Use. If you do not agree with the Terms of Use, you may not use the DanceFlix service. We reserve the right to change the Terms of Use at any time, with or without notice to you, and at our discretion. Check back periodically for any changes.
Privacy
We value your privacy. Please review our Privacy Policy to understand our practices. Personal information submitted through the DanceFlix service is subject to our Privacy Policy. It is hereby incorporated into and made part of these Terms of Use.
Limitations on Use
The DanceFlix service is available only to residents of the United States and persons 18 years of age and older. You hereby certify that you are a resident of the United States and are 18 years of age or older. Although, we feel that dance is something that should be enjoyed by people of all ages, in the event your children select videos for rental and/or view the DVDs, you agree to be responsible for their actions and agree they will be bound by the Terms of Use.
Care and Return of Rental Merchandise
In order to maintain our pricing structure and quality of service, we need to be able to rent the DVDs to others after you are done renting them. So, we need you to take good care of the DVDs, as if they were your own.
After you're done watching the DVD, place it back in the white sleeve and protective cardboard, and mail it back to us in the pre-paid return envelope. You agree to secure the package for return shipment to us, to prevent loss of contents or damage. In the event that the return envelope is lost, you agree to mail back the DVD, securely to prevent loss or damage, at your expense.
Memberships and Billing
To become a member, you must have Internet access, a valid U.S. credit card with available funds, an email address and agree to provide us with complete and accurate information. Our subscription service membership plans allow you to rent DVDs with up to a specified number of titles out at time with no late fees or due dates. Your membership includes first class postage – both ways – pre-paid. At our sole discretion, we reserve the right to limit the amount of DVDs a member receives in any month regardless of plan. Details regarding your membership plan can be viewed in the “My Account” section of the DanceFlix website.
Membership plans and the associated fees can be viewed at Pricing and Plans, and is subject to change at our sole discretion. We will notify you by email in advance of any change in the subscription fee for your membership plan.
By starting the DanceFlix membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the current rate plan to the payment method you provided during registration. The membership fee will be billed at the start of each billing period and each month thereafter unless you successfully cancel your membership by submitting a cancellation request and returning all outstanding DVDs. All fees and charges are considered fully earned upon receipt of payment.
You may change your membership plan at any time by logging into the “My Account” section. If you decide to change your plan, the changes will be reflected on the next billing date.
You may cancel your membership anytime by logging into the “My Account” section and submitting a cancellation request. Cancellations with no outstanding rentals are effective immediately. Cancellations with outstanding rentals are effective after all rentals are returned. There are no refunds for partial months. In the event a cancellation request and the Express Returns feature is utilized within three days of your renewal date, we reserve the right to charge your account for the next full month. All outstanding rentals must be returned within 7 calendar days. Failure to return DVDs will result in you being charged for the unreturned items and you hereby authorize us to charge your payment method accordingly. The amount charged would be based on the manufacturer’s suggested retail price less an optional discretionary allowance, which we solely determine.
Shipping and Delivery
We use first class U.S. Mail to deliver your rental merchandise. Processing and delivery time may limit the number of DVDs you can rent each month. We make our best effort to get your DVDs to you as fast as possible.
Right to Suspend, Terminate or Change Service
We reserve the right to suspend or terminate your use of our service, without notice, for any or no reason whatsoever. We reserve the right at our sole discretion to make changes, without notice, as to how we operate our service. Any description of how our service works shall not be considered an obligation as to how our service will always work. We are constantly making adjustments to our service to better serve our members, and these adjustments may not always be incorporated in the Terms of Use.
Copyrights
DanceFlix owns only lawfully made copies of the DVDs that it rents out. Although we are not the copyright owner, we are owners of the original DVDs (i.e. lawful copies); therefore we can legally rent them to you. You are permitted to view the DVDs privately as many times as you want. You agree to respect the copyright owner’s rights and hereby agree that any copyrighted content shall not be copied, reproduced, uploaded or displayed publicly without obtaining permission from the copyright owner or as permitted by law (Title 17 of the United States Code, sections 106-122).
DanceFlix strongly believes in protecting the rights of copyright owners and does not condone the illegal copying of copyrighted DVDs. We reserve the right to terminate your membership if we, at our sole discretion, believe that you are in violation of any part of this section. The use of our service is solely for your personal and non-commercial use. We cooperate fully with any copyright infringement investigation.
Trademarks
DanceFlix, and the DanceFlix.com logo are trademarks of DanceFlix. Trademarks of others are used to identify their videos, and as such are the property of their respective owners. No license is being provided to use any of these trademarks.
The content, graphics, layout, design and other matters related to this website are protected under applicable copyrights, trademarks and other proprietary rights. The copying, redistribution, use or publication without our permission is strictly prohibited.
Linked Websites and Third Party Content
We may provide links to content on websites other than our own. We make no claims or representations regarding the accuracy, privacy or policies of these third party websites. We provide third party links to you as a convenience, and in no way does this imply affiliation or endorsement of those websites. When leaving the DanceFlix website, you should be aware that our Terms of Use no longer govern, so you should make yourself familiar with the terms of use of the third party website.
Feedback and Member Reviews
We welcome your feedback. We also provide an opportunity for our members to write reviews for videos in our catalog that they have rented from us or may have previously viewed. You agree to grant us permission to display, use, reproduce or modify the feedback and/or reviews you submit to us. At our sole discretion, we reserve the right to edit, correct or modify your feedback and/or reviews.
We are not responsible for user submitted content. Although, we may review the submission, you agree to be held fully responsible for the content of your feedback and/or reviews. Reviews from other websites may not be copied and posted to our website.
Gift Subscriptions
We offer Gift Subscriptions for the DanceFlix service which you may purchase on our website. Gift Subscriptions are valid for a period of 12 months from the date of purchase. Gift Subscriptions are non-refundable and may not be transferred beyond the original gift recipient. To redeem your gift subscription, you must subscribe as a new member, providing all required information including an email address and a valid payment method. Your payment method will only be charged if you continue to use the service beyond the gift subscription period. Gift Subscription recipients agree to abide by our Terms of Use.
Disclaimer
DANCEFLIX PROVIDES INSTRUCTIONAL DANCE, FITNESS AND ENTERTAINMENT VIDEOS. THE INFORMATION AND PRODUCTS PROVIDED ARE FOR INFORMATIONAL PURPOSES. DUE TO THE PHYSICAL NATURE OF THE INFORMATION, YOU SHOULD CONSULT WITH YOUR PHYSICIAN BEFORE STARTING ANY DANCE, FITNESS OR EXERCISE PROGRAM. ANY MEDICAL DECISIONS SHOULD BE MADE IN CONSULTATION WITH YOUR PHYSICIAN. UNDER NO CIRCUMSTANCE WILL DANCEFLIX, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS BE HELD LIABLE FOR ANY COMPLICATIONS, INJURIES, DEATH OR MEDICAL PROBLEMS ARISING FROM, OR IN CONNECTION WITH THE USE OF, OR RELIANCE UPON ANY INFORMATION OR PRODUCTS FROM THIS WEBSITE.
DANCEFLIX, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, CONTRACTORS OR SUPPLIERS DISCLAIM ALL LIABILITY WHATSOEVER FOR USE OF ANY INFORMATION OR SERVICE FROM OUR WEBSITE. THE INFORMATION FROM OR THROUGH THIS WEBSITE IS PROVIDED “AS-IS” AND WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ASSUMES LEGAL LIABILITY FOR DAMAGES ARISING OUT OF, OR IN CONNECTION WITH THE USE OF OR RELIANCE UPON ANY INFORMATION OR PRODUCTS FROM THIS WEBSITE OR ITS CONTENTS. OUR AFFILIATED PARTIES AND WE ARE NOT LIABLE FOR ANY COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, PRODUCT LIABILITY, LOSS OF DATA OR INCOME, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS BY THIRD PARTIES AS A RESULT OF USING OUR SERVICE OR WEBSITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND. IN ADDITION, DANCEFLIX DOES NOT REPRESENT OR WARRANT THE INFORMATION OR SERVICE ACCESSIBLE ON THIS WEBSITE TO BE ACCURATE, COMPLETE OR CURRENT.
Governing Law
Should there be any differences, disputes, claims or controversies between DanceFlix and its member(s), which cannot be settled amicably, both parties agree these Terms of Use and the interpretation thereof shall be subject to binding arbitration by the American Arbitration Association, governed by the laws of the State of Illinois. The parties agree and understand that they choose arbitration instead of litigation to resolve disputes. The parties understand that they have a right or opportunity to litigate disputes through a court, but that they prefer to resolve their disputes through arbitration.
Questions/Contact Us
If you have any questions regarding our Terms of Use, you may contact us at info@danceflix.com or by U.S. Mail at:
DANCEFLIX
9114 Waukegan Rd., #1449
Morton Grove, IL 60053
Thank you and we hope you enjoy the DanceFlix service!
Current Version Date: May 1, 2013
