Terms of Use

This terms of use was last updated on January 3, 2018.

 

Welcome to My School Dance™, the dance management application of Think Thank Software Development Corporation (“Think Tank NTG”, “Think Tank”, “MSD”, “we”, or “us”). This page explains the terms by which you may use our online and/or mobile services, web site, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Use Agreement (“Agreement”) and to the collection and use of your information as set forth in the My School Dance™ Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). My School Dance™ is a Trademark of the U.S. Patent and Trademark Organization Serial Number 87488598.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

 

Use of Our Service

My School Dance™ provides a place for educators, school administrators, and students to manage electronic or digital documents, forms, data, information, and content (“eRecords”) and collect payment and electronic signatures from teachers, staff, parents, and third parties.

A.    Eligibility

You may use the Service only if you can form a binding contract with My School Dance™, and only in compliance with this Agreement and all applicable local, state, national, international laws, rules and regulations. The Service is not available to any Users previously removed from the Service by My School Dance™.

B.    My School Dance™ Service

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service as permitted by the features of the Service. My School Dance™ reserves all rights not expressly granted herein in the Service and the My School Dance™ Content (as defined below). My School Dance™ may terminate this license at any time for any reason or no reason.

C.    My School Dance™ Accounts

Your My School Dance™ account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a My School Dance™ account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to My School Dance™ with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

If a third party such as an employer provides you with an account, that party has administrative rights to your account and may: manage your account, reset your password, or suspend or cancel your account; view your account’s usage and profile data, including how and when your account is used; and read, store, or delete the eRecords associated with your account.

If you use the Service in the course of providing services or performing your duties for or on behalf of an educational institution or other organization, whether or not such educational institution or organization provided you with your My School Dance™ account, we may share any eRecords (as defined below) or other data and information associated with your account with the institution or organization for which you provide services, and you expressly consent to such sharing of eRecords and information. By using the Service in any manner, you represent and warrant that you have all necessary consents to so use the Service, including without limitation, permission from the institution or organization for which you are providing services and all necessary consents to process any personal information through your account.

If you are an individual User of the Service and the domain of the primary email address associated with your account is owned by an organization or institution, such as a school, and was assigned to you as an employee, contractor or member of such organization or institution, and that organization or institution wishes to establish a relationship with us and add your account to such relationship, then, if you do not change the email address associated with your account, your account may become subject to the relationship between My School Dance™ and such organization and controlled by such organization. By continuing to use your account after such relationship has been established, you agree to any terms and conditions associated with that relationship. You acknowledge and agree that such organization will have access to any eRecords (as defined below) and other records that are associated with your account.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower-case letters, numbers, symbols and is more than eight (8) characters in length) with your account. You must notify My School Dance™ immediately of any breach of security or unauthorized use of your account. My School Dance™ will not be liable for any losses caused by any unauthorized use of your account.

By providing My School Dance™ your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out by unsubscribing from our mailing list using the features of the Service. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

D.    Service Rules

You agree not to engage in any of the following prohibited activities:

  1. copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”;
  2. using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the My School Dance™ servers than a human can reasonably produce in the same period of time by using a conventional, reasonable, human method of access, such as a web browser;
  3. transmitting spam, chain letters, or other unsolicited email;
  4. attempting to interfere with, compromise the system integrity, privacy or security or decipher any transmissions to or from the servers running the Service;
  5. taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure;
  6. uploading invalid data, viruses, worms, or other software agents through the Service;
  7. collecting or harvesting any personally identifiable information, including account names, from the Service;
  8. using the Service for any commercial solicitation purposes;
  9. impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
  10. interfering with the proper working of the Service;
  11. accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or
  12. bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.

We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination, you continue to be bound by this Agreement.

You are solely responsible for your interactions with other My School Dance™ Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. My School Dance™ shall have no liability for your interactions with other Users, or for any User’s action or inaction.

 

2. eRecord

A.    eRecord: Your electronic record

The Service allows you to create, store, and transmit eRecords. My School Dance™ claims no ownership rights over the eRecords created, stored, or transmitted by you. The eRecords you upload to or transmit through the Service remain yours; however, by uploading, transmitting, and distributing eRecords through the Service, you agree to allow others to view, edit, and/or distribute your eRecords in accordance with your settings and this Agreement

B.    Your Responsibilities

You are solely responsible for all eRecords you upload, transmit, or otherwise make available on or through the Service and for any eRecords that other Users make available or transmit through your account, and you represent and warrant that you have all necessary rights to use such eRecords through the Service.

While eRecords are stored in an encrypted database, you acknowledge and agree that My School Dance™ will not be responsible for any failure of the Service to secure eRecords, or for the corruption of or loss or any data, information or content comprising or contained in any eRecords.

My School Dance™ does not control, verify, or endorse any eRecords that you make available over the Service, and you acknowledge and agree that you shall be solely liable for any use of or access to your eRecords and any data, content, or information contained therein.

You agree to only upload, transmit, distribute, or make available eRecords:

  1. that you have the lawful right to use, copy, distribute, transmit, or display; and
  2. that do not infringe the law.

You further agree not to upload, transmit, distribute, or make available eRecords that:

  1. may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal;
  2. may create a risk of any other loss or damage to any person or property;
  3. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise;
  4. may constitute or contribute to a crime or tort or violate any law, rule, or regulation;
  5. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable;
  6. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets);
  7. contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or
  8. contains any information or content that you know is not correct and current.

For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

A.    How My School Dance™ and other Users Can use your eRecords

We provide functionality that allows you to control who may access and distribute the eRecords associated with your account. If you have been granted administrative rights to your account, you may control access to any eRecords associated with that account as permitted by the functionality of the Service.

If you or other Users authorized to use your account choose to transmit any eRecords to any third parties, those third parties will be able to view, access, and copy your eRecords. You acknowledge that you are solely responsible for any sharing of eRecords with any third parties by you or through your account, and you expressly relieve My School Dance™ of any liability arising from any transmission of eRecords through your account.

Subject to your account settings, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, reproduce, display, transmit, and distribute your eRecords on and through the Service for the purposes of operating and providing the Service to you and our Users.

Subject to your account settings, you also hereby grant to My School Dance™ and to each User of the Service, a non-exclusive license to access, use, reproduce, transmit, distribute and display your eRecords as permitted by the functionality of the Service.

B.    How you interact with others

My School Dance™ takes no responsibility and assumes no liability for any eRecords that you or any other User or third party uses in connection with, or sends over, the Service. You are solely responsible for your eRecords and the consequences of sharing or transmitting such content and information, and you agree that we are only acting as a passive conduit for your distribution and transmission of your eRecords. You understand and agree that My School Dance™ shall not be liable for any damages you allege to incur as a result of any eRecords.

 

3. eSignatures

A.    General

The Service provides functionality that allows Users to electronically sign eRecords as an intended substitute for a physical signature (“eSignature”).

B.    Consent

By using the eSignature function, you agree to transaction business electronically using eRecords and eSignatures in place of using paper documents and wet-ink signatures. You are not required to view or sign documents electronically. You may request paper documents or withdraw your consent at any time as provided below. Please note that any withdrawal of consent will not void any electronic transactions you have previously entered into.

C.    Requesting Paper Documents

You may obtain a paper copy of the eRecord at any time by printing the eRecord. You may also request a paper document or discuss other signing options by emailing or otherwise contacting the sending party. You are solely responsible for ensuring that your contact information is current and for any delay resulting from a failure to update your contact information. Please note that there may be fees associated with using paper documents and you agree to pay all such fees. In general, the Service the will automatically send both parties a fully executed copy of the eRecord processed through the Service. However, we cannot guarantee that the signed eRecord will reach both parties. You are solely responsible for confirming that the receiving party signed the eRecord.

D.    Reviewing eRecords

You understand that by using an eSignature to sign an eRecord, you are expressing your acceptance of the terms and conditions contained within the eRecord. You should read any eRecord carefully before applying your eSignature. You agree that you are solely responsible for any eRecord to which you apply your eSignature and for any consequences and legal obligations arising therefrom.

E.    Withdrawing Consent

You may withdraw your consent transact electronically at any time by ceasing any and all use of the eSignature service and notifying the other party.

F.    Minimum Requirements

The minimum hardware/software requirements to utilize the eSignature service are an Internet-connected computing device with a web browser that has JavaScript enabled.

G.   No Verification

While My School Dance™ may provide options for supporting identity verification, My School Dance™ does not have the capability to verify the identity or the authority of a signatory to such eRecord; you are solely responsible for verifying the identity of each other signatory to an eRecord. My School Dance™ does not certify the validity, completeness, or enforceability of any executed eRecord.

 

4. Uploads

The Service also provides Users with the ability to contribute uploads to the Service for use by other Users (“Uploads”). You agree to only upload, transmit, distribute, or make available Uploads:

  1. that you have the lawful right to use, copy, distribute, transmit, or display; and
  2. that do not infringe the Intellectual Property Rights or violate the privacy rights of any third party.

By choosing to contribute any uploads, you grant My School Dance™ a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Uploads, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and My School Dance’s™ (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.

You also hereby grant each User of the Service a non-exclusive license to access your Uploads through the Service, and to use, reproduce, distribute, display and perform such Uploads as permitted through the functionality of the Service and under this Agreement. You agree that you are solely liable for any Uploads you provide to the Service.

 

5. School Name and Logo

If you are an organization or institutional User of the Service, you expressly grant, and represent and warrant that you have all rights necessary to grant, to My School Dance™, a royalty-free, sublicensable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, publish, edit, and distribute the name, logo, or any other identifying words or marks used by and/or associated with you to identify you (“School Marks”), in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service to identify you as a customer of My School Dance™.

For the avoidance of doubt, My School Dance™ may use the School Marks in connection with case studies relating to the Service, promoting and marketing the Service, and creating and distributing reports containing aggregate usage data and efficiency metrics. Unless otherwise approved in writing by you, My School Dance™ will not obscure or alter any such School Marks. My School Dance™ acknowledges that all goodwill generated through our use of any School Marks will inure to your benefit and we hereby assign and will assign to you any and all goodwill generated through our use of any School Marks, without any payment or other consideration of any kind to us.

 

6. Compliance with Laws

You agree to use the Service solely in compliance with all laws, rules, regulations, and judicial decrees, including without limitation any privacy laws and other laws relating to the processing, collection, use, or disclosure of personal information or records.

For the avoidance of doubt, this includes, but is not limited to, the Children’s Online Privacy Protection Act, as amended (“COPPA”), the Health Insurance Portability and Accountability Act of 1996, as amended (“HIPAA”), and the Family Educational Rights and Privacy Act, as amended (“FERPA”).

You represent and warrant that you have all necessary rights and permissions to provide any and all information and content, including without limitation any personal information and other information or content contained in or comprising any eRecords or Uploads, to My School Dance™.

You acknowledge and agree that you shall be solely responsible for obtaining all necessary consents to process, store, and transmit any such information or content through the Service, including without limitation any consents required by COPPA, HIPAA, and FERPA, and that you shall be solely responsible for complying with COPPA, HIPAA, and FERPA in connection with your use of the Service and My School Dance’s™ provision of the Service to you.

 

7. Mobile Software

We may make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service.

My School Dance™ does not warrant that the Mobile Software will be compatible with your mobile device. My School Dance™ hereby grants you a non-exclusive, nontransferable, revocable license to use a compiled code copy of the Mobile Software for one My School Dance™ account on one mobile device owned or leased solely by you, for your personal use.

You may not:

  1. modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law;
  2. rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party;
  3. make any copies of the Mobile Software;
  4. remove, circumvent, disable, damage or otherwise interfere with security related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or
  5. delete the copyright and other proprietary rights notices on the Mobile Software.

You acknowledge that My School Dance™ may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and My School Dance™ or its third-party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. My School Dance™ reserves all rights not expressly granted under this Agreement.

If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable.

A.    Mobile Software from iTunes

The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and My School Dance™, not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof.

Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to My School Dance™ as provider of the software.

You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to:

  1. product liability claims;
  2. any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and
  3. claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to My School Dance™ as provider of the software.

You acknowledge that, in the event of any third-party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, My School Dance™, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

You and My School Dance™ acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third-party beneficiary thereof.

8. Our Proprietary Rights

Except for your eRecords and Uploads, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and eRecords belonging to other Users (the “My School Dance™ Content”), and all Intellectual Property Rights related thereto, are the exclusive property of My School Dance™ and its licensors.

Except as expressly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any My School Dance™ Content. Use of the My School Dance™ Content for any purpose not expressly permitted by this Agreement is strictly prohibited.

You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place My School Dance™ under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a nonconfidential basis or otherwise to anyone.

You further acknowledge that, by acceptance of your submission, My School Dance™ does not waive any rights to use similar or related ideas previously known to My School Dance™, or developed by its employees, or obtained from sources other than you.

 

9. Paid Services

A.    Billing Policies

Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, please contact us for further details on pricing. My School Dance™ may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.

B.    Ticketing

Any ticket issued using My School Dance™ is a revocable license to attend the dance listed on the front of the ticket. Such license may be revoked without refund for noncompliance with terms. Unlawful sale or attempted sale prohibited. Tickets obtained from unauthorized sources may be invalid, lost, stolen, or counterfeit and if so are void. This ticket may not be resold for an amount in excess of the face value of the ticket without the written consent of issuer. Resale or return policies are subject to the discretion of your school. In the case a refund is requested, you will not be refunded for any processing fees. Applicable taxes are included. Holder assumes all risks occurring before, during or after event, including injury by any cause, and releases

the My School Dance™, the school, and their representatives and personnel from any related claims. Take care of your ticket download email, as it can’t be replaced if lost, and is valid only for the dance printed on ticket. The barcode only allows one entry per scan. Unauthorized duplication or sale of this ticket may prevent your admittance to the event. Keep this ticket in a safe place as you would money or regular tickets. My School Dance™ is not responsible for any inconvenience caused by unauthorized duplication. In the event that duplicate copies appear, the school reserves the right to refuse entry to all ticket holders and may credit the original purchaser the ticket price minus any processing fees which will constitute full remuneration. The event date and time is subject to change without notice.

C.    Currency

All ticket prices are stated in U.S. Dollars.

D.    Payment Methods

My School Dance™ uses a PC Level 1 compliant payment processor, Stripe for all transactions. Collecting payment for tickets, we accept American Express, Visa, MasterCard, Discover, and Diner’s Club.

E.     Ticket Income Transfers

All money from ticket transactions will occur through our payment partner Stripe. In order to receive your funds, your school must set up an account with Stripe through My School Dance™. The User role, Financial Controller will be able to set up your school’s information with Stripe. Stripe will require you to enter your school’s bank information, including Routing and Account details. My School Dance™ does not have access to any of your account numbers and cannot set up your Stripe account for you. My School Dance™ is not responsible for any incorrect or falsified numbers entered to set up your school’s account with Stripe.

F.     Order Confirmation

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm via your My School Dance™ account or My School Dance™ customer service whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

G.    Service Fees and Order Processing Fees

Tickets purchased using My School Dance™ are subject to a per ticket service fee and a non-refundable per order processing fee. Service fees are subject to change at any time and for no reason.

H.    Number of Tickets or ‘Ticket Limits’

When purchasing tickets using My School Dance™, you are limited to a specified number of tickets for each dance as determined when the dance is created (also known as a “ticket limit”). This ticket limit is posted during the purchase process and is verified with every transaction. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

I.    Refunds or Transfers

Currently, dance tickets are nonrefundable and nontransferable by My School Dance™. If a student would like a refund for a dance ticket, that refund will have to be provided by the school. Service and processing fees are always nonrefundable.

J.    Ticket Collection

Ticket collection is dependent on the school. My School Dance™ does not designate a specific way to collect tickets. Students are responsible for printing their own tickets.

 

10. Termination

We may terminate your access to the Site, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

11. No Professional Advice

If the Service provides professional information (for example, medical, legal, or financial), including without limitation any information contained within any eRecord or Upload, such information is for informational purposes only and should not be construed as professional advice. No action should be taken based upon any information contained in the Service. You should seek independent professional advice from a person who is licensed and/or qualified in the applicable area before relying on any information or Upload or signing any eRecord or Upload found on the Service.

A.    Dance Agreements

Clauses in Dance Agreements are suggested language by My School Dance™, they are not legal advice. My School Dance™ in no way offers binding legal language in dance agreements. School administrators should have Dance Agreement language sent through their attorney’s before publishing for eSignature.

 

12. Privacy

We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy and to have your personally identifiable information collected, used, transferred to and processed in the United States.

 

13. Privacy of Others

You represent to My School Dance™ that you are in compliance with all applicable privacy laws, you have obtained all necessary rights and consents under applicable law to disclose to My School Dance™, or allow My School Dance™ to collect, use, retain and disclose any Data that you provide to us or authorize us to collect, including information that we may collect directly from your end users via cookies or other means, and that My School Dance™ will not be in breach of any such laws by collecting, receiving, using and disclosing such information in connection with the Service.

If you receive information about others, through the use of the Service, you must keep such information confidential and only use it in connection with the Service. You may not disclose or distribute any such information to a third party or use any such information for marketing purposes unless you receive the express consent of the user to do so.

 

14. Security

My School Dance™ uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes.

 

15. Data Security

If you upload or transmit confidential, personal information, trade secrets, or other sensitive or restricted content on the Service, you are solely responsible for implementing safeguards beyond the security measures provided by My School Dance™. You acknowledge that you provide your personal and confidential information at your own risk.

 

16. Third-Party Links

The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by My School Dance™. My School Dance™ does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and My School Dance’s™ Privacy Policy do not apply to your use of such sites.

You expressly relieve My School Dance™ from any and all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that My School Dance™ shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

 

17. Indemnity

You agree to defend, indemnify and hold harmless My School Dance™ and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:

  1. your use of and access to the Service, including any data or content transmitted or received by you or through your account;
  2. your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above;
  3. your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights
  4. any injury or harm occurring on or around the time of a school dance
  5. any violation of any applicable law, rule or regulation, including without limitation COPPA, HIPAA, and FERPA by you or by any User associated with your account;
  6. any claim or damages that arise as a result of any of your eRecords or Uploads or any that is submitted via your account;
  7. your failure to obtain any necessary consents to provide any personal information to My School Dance™; or
  8. any other party’s access and use of the Service with your unique username, password or other appropriate security code.

 

18. No Warranty

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MY SCHOOL DANCE™ OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, MY SCHOOL DANCE™, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

MY SCHOOL DANCE™ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE MY SCHOOL DANCE™ SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND MY SCHOOL DANCE™ WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

 

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY SCHOOL DANCE™, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL MY SCHOOL DANCE™ BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MY SCHOOL DANCE™ ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL MY SCHOOL DANCE™ ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO MY SCHOOL DANCE™ HEREUNDER OR $100.00, WHICHEVER IS GREATER.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MY SCHOOL DANCE™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Service is controlled and operated from facilities in the United States. My School Dance™ makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable U.S. and local laws and regulations, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.

 

20. Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Service, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:

  • You may assert claims in small claims court if your claims apply; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Lake County, Indiana, and we both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms are void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: My School Dance™, 101 W. 84th Dr., Merrillville, Indiana, 46410, Attn: Legal. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event, will we pay for attorneys’ fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.

You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

 

21. General

A.    Assignment

This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by My School Dance™ without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

B.    Notification Procedures and Changes to the Agreement

My School Dance™ may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by My School Dance™ in our sole discretion.

My School Dance™ reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement.

My School Dance™ is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. My School Dance™ may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically.

When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

C.    Entire Agreement / Severability

This Agreement, together with any amendments and any additional agreements you may enter into with My School Dance™ in connection with the Service, shall constitute the entire agreement between you and My School Dance™ concerning the Service.

If any provision of this Agreement is deemed invalid by a court of 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.

D.    No waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and My School Dance’s™ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

E.     Contact

Please contact us at hello@myschooldance.com with any questions regarding this Agreement.