Terms and Conditions of Service

Introduction & Scope.

Welcome, these are the Terms and Conditions of Service (the “Terms”) for the platform known as Online Kizomba School, provided via website located at www.onlinekizombaschool.com (the “Site”), including its sub-domains and its mobile optimized versions.  Hereinafter, the Site and Online Kizomba School shall all be collectively referred to as “Kizomba School”).  Kizomba School is proudly operated to you the by How To Dance´s management team.

These Terms shall supplement our Privacy Policy (the “Policy”) incorporated herein by reference.  The terms ‘us’, ‘its’, ‘ours’ and/or ‘we’, as used herein, refer to us, Kizomba School and/or our affiliates, assignees, successors and/or brands.  As used herein, the terms ‘you’, ‘your’, and/or ‘yourself’ refer to you, a user/visitor/browser of our Kizomba School, whether registered under an account or not.

User Acceptance.

If you continue to browse and use Kizomba School, you hereby acknowledge and agree to be bound by and under these Terms which, together with our Policy, will govern Kizomba School’s relationship with you in relation to the Site and the products and services offered thereby (collectively, the “Service(s)”).

Updates.

Kizomba School reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify the Services or the Site, at any time and without notice.  Any changes to these Terms will be displayed in the Site, and we may notify you through the Site or by email.  Please refer to the last effective date where changes were last undertaken by us.  Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.

Services Offered.

Kizomba School manages, operates and provides a custom and unique Kizomba multimedia platform with functionalities that include, but are not limited to: live audio and video streaming, social media user engagement, multimedia content subscription, live recording of audio and video via your mobile device or computer, live, interactive coaching and training targeted to dancing, online dancing classes, along with the creation of dancing steps charts, drawing and interactive web pages; among other products and services which can be accessed via our website.

Account Registration, Verification and Safety.

In order to use our Services, you must create an account, including all mandatory fields on the registration form.  You must provide accurate and complete information, and you hereby agree to keep secret the password chosen upon creating your account and not to communicate it to anybody.  If you lose or disclose it, you must promptly inform us.

You are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential, and must notify us immediately of any breach or unauthorized use of your account.

User Support.

If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page.  We will undertake commercially reasonable efforts in order to answer as quickly as possible.  You must provide us with full details of your service query so that we can clearly asses your concerns.

Billing and Subscription Terms.

Some of our Service plans are offered via free trials, while the remaining functionalities are accessible through a paid subscription.  We currently offer the following subscription tiers: monthly subscription at 19.99€ per month and yearly subscription at 199.99€ per year.  Your subscription will automatically renew until before the end of the current subscription period (e.g. monthly or yearly).  Your account will be charged for renewal within prior to the end of the current period.

You can change your current subscription during the active period, and you will be able to use the paid functionalities of the Services until the subscription period ends.  You can elect to upgrade, downgrade or cancel your subscription at any time, by accessing your account and following the necessary steps or by contacting our support team.

Payment Terms.

We rely on authorized third-party payment processors in order to bill you through a payment account linked to you, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account.

Accordingly, Kizomba School shall not be held responsible for any and all errors, fees and currency conversion fees by the payment processor, and you should review its terms and policies from time to time, which will govern the provision of services to you.

You must provide us with valid and current billing information.  Except as expressly set forth herein, all payment charges are final and non-cancelable.  If we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice.  Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.

Refund Policy.

If you have a problem with your payment, please contact us as soon as possible.  Due to the nature of our Services, we are only able to offer refunds within the fifteen (15) days after each purchase.  Henceforth, refunds will only be provided at our sole and final discretion.  Please include a description of the Service’s functionality in question, including the reason for your technical query, your name, address, account information and payment details.

Content moderation.

Kizomba School encourages users to report violations of our Terms.  Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.

Kizomba School has the right, but not the obligation, to monitor any Chat activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms of Use, Privacy Policy or that is otherwise objectionable.

You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Kizomba School our Services.

We reserve the right (but not the obligation) to monitor disputes between you and other of our users.  We also reserve the right (but not the obligation) to delete items, products, services and user generated content that would be interpreted or considered offensive or spam.

Prohibited Activities

As our user, you agree to not undertake, motivate, or facilitate the use or access of Kizomba School in order to:

  1. Infringe these Terms, or allow, encourage or facilitate others to do so.
  2. Plagiarize and/or infringe the intellectual property rights or privacy rights of any third party, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right.
  3. Distribute, post or otherwise make available any content that: (i) infringes or endangers the intellectual property rights of any person (e.g. trademark, moral rights, trade secret, copyright, ancillary rights or other); (ii) enables any act that could promote or cause discrimination, racism, harm, libel, hatred or violence against any individual or group; (iii) endangers children and underage persons; (iv) is or allows illegal or fraudulent activities to take place; (v) is or may constitute a criminal or capital offense or otherwise infringes any applicable law; and/or (vi) is or can be considered to be obscene, threatening/defamatory, plagiarized, firearms, tobacco, alcohol, marijuana, gambling, pornographic or analogous material.
  4. Collect, receive, transfer or disseminate any personally identifiable information of any person without due consent from the title holder.
  5. Solicit money or any digital or physical goods from other users.
  6. Ask other users to conceal the identity, source, or destination of any illegally gained money or products.
  7. Upload infringing, false, duplicated, altered or otherwise misleading purchase information.
  8. Otherwise reverse engineer, decompile or extract the proprietary code of Kizomba School.

You also acknowledge and accept that any violation of the aforementioned provisions may result in the immediate termination of your access to Kizomba School and our Services, without refund or reimbursement on our part.  Kizomba School may terminate or suspend your subscription and/or membership for our Service, at any time, for any reason, without prior notice, and at our sole and final discretion.

Parental Notice.

Kizomba School does not provide its Services to persons under the age of eighteen (18).  Users under the age of eighteen (18) may not use Kizomba School, even with the consent of their legal guardians.  All of our users are otherwise prohibited from providing us with personally identifiable information of persons under the age of thirteen (13).

Ownership.

The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Kizomba School are the property of –or otherwise are licensed to– Kizomba School or its licensors or affiliates, whether acknowledged (or not), and which are protected under intellectual and proprietary rights in France and other jurisdictions throughout the world.  Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers.  No section hereof shall be construed as intent to grant to you any right or interest in Kizomba School or our Services, in whole or in part.

User License.  Subject to the terms and conditions of these Terms, we hereby grant you a limited, non-exclusive, non-transferable, royalty free, non-sublicensable, non-assignable, revocable, for all the world, limited right and authorization to use, access and enter our online Kizomba dancing platform, for your personal, non-commercial use, for a limited term.

User Generated Content License.  You hereby grant Kizomba School an unlimited, non-exclusive, royalty-free, for all the world, right and license to download, use, reproduce, distribute, analyze and exploit any and all content, texts, data and any components therefrom that you or your affiliates, agents, employees or representatives introduce, upload or otherwise deliver to Kizomba School.  You represent and warrant to Kizomba School that you have all rights, authorizations or otherwise hold sufficient title for all content submitted to Kizomba School as set forth herein.

User Privacy.

By disclosing any information to us, you agree to the terms of our Policy, including the terms for the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients.  We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups.  For more information, please read our Policy.

No Warranty.

To the fullest extent permissible under applicable law, Kizomba School is provided to you “as is”, with “all faults” and “as available”, with all faults, without warranty of any kind, without performance assurances or guarantees of any kind, and your use is at your sole risk.  Kizomba School, and its affiliates, clients, agents, officers, licensors and/or distributors, do not make, and hereby disclaim, any and all express, implied or statutory warranties, including implied warranties of description, quality, fitness for a particular purpose, operation, integration, adequacy, suitability, title, non-infringement, non-interference with use and/or enjoyment.

Health Disclaimer

You bear sole responsibility for your own exercise, diet and healthcare decisions.  None of the dance tutorials, classes, workshops or recommendations from Kizomba School (if any) should be performed or otherwise undertook without previous clearance from your physician or health care provider.  During tutorials, please be aware of your surroundings and play safely.  You agree that your use of Kizomba School and play of any and all dance tutorials, classes, workshops or recommendations from Kizomba School therefrom are at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using our Services.

The information contained within Kizomba School is not intended to provide specific physical or mental health advice, nor the practice of the physical therapy, medical, pharmaceutical and/or the infirmary professions or any other medical advice whatsoever, for any individual or company, and should not be relied upon in that regard.  Neither Kizomba School nor its affiliates are health, medical and/or fitness professionals, their advice (if any) is not meant as a substitute for medical advice, no doctor-patient relationship arises between you and Kizomba School, and nothing on this Site should be misconstrued to mean otherwise.

For people in poor health or with pre-existing physical or mental health conditions, there may be risks associated with the dance tutorials, classes, workshops and recommendations displayed on Kizomba School (if any).

Due to the existence of these risks, you should not implement any dance tutorials, classes, workshops or recommendations from Kizomba School, nor any exercise or physical routine displayed if you are poor health or have a pre-existing mental or physical health conditions, or if you are not currently able to assess whether you are overall fit to take our dance tutorials, classes, workshops or recommendations.

Neither Kizomba School nor its affiliates are responsible for any injuries or health problems you may experience, or even death, as a result of implementing any of the aforementioned dance tutorials, classes, workshops or recommendations.  If you choose to follow any of the dance tutorials, classes, workshops or recommendations (if any), you do so of your own free will and accord, knowingly and voluntarily accepting all risks associated with such dietary activities.  Accordingly, you hereby acknowledge and agree that neither Kizomba School nor its affiliates have any obligation to review your mental and/physical health and/or status.

Disclaimer of Damages.

In no event shall Kizomba School, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use or malfunction of Kizomba School.  For purposes of this limitation of liability, Kizomba School’ affiliates, licensors and distributors are third party beneficiaries to the limitations of liability specified herein and they may enforce these Terms against you.

Limitation of Liability.

In no event, shall Kizomba School’, or its affiliates’, clients’, licensors’ and/or distributors’ liability for all damages (except as required by applicable law) exceed the amount of EUR$50.00 (Fifty Euros); and henceforth any award for direct, provable damages shall not to exceed such total amount.  These Terms provide you specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction.

This limitation of liability shall not be applicable solely to the extent that any specific provision of this limitation of liability is prohibited by any federal, state, or municipal law, which cannot be pre-empted.

Generals

Advertisements and Promotions.  From time to time, we may place ads and promotions from third party sources in Kizomba School.  Accordingly, your participation or undertakings in promotions of third parties other than Kizomba School, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third party.  We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third party advertisers.

Assignment.  These terms will inure to the benefit of any successors of the parties.

Force Majeure. Kizomba School shall not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Kizomba School’ reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure.

No Waiver. Failure by Kizomba School to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.

No Relationship. You and Kizomba School are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.

Severability. If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties’ intention.  All remaining provisions of these Terms will remain in full force and effect.

Applicable Law. Your use of this Kizomba School and any cause of action, claim and/or dispute that might arise between the parties hereon, shall be subject to the laws of France, without regard to conflict of law principles.

Forum. You agree that any dispute arising from or relating to these Terms will be heard solely by a court or tribunal of competent jurisdiction in or nearest to the City of Paris, France.  If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.  You agree that the unsuccessful party in any dispute arising from or relating to these Terms will be responsible for the reimbursement of the successful party’s reasonable attorney’s fees, court costs, and disbursements.

Contact

If you have any questions or queries about us, the Site, our Services or these Terms, please contact us as indicated in our contact page: www.onlinekizombaschool.com/contact.

Date of last effective update is April 12th, 2019.