Terms of Service - Dancers
These are our terms and conditions, that apply to everyone who uses DanceCloud. We refer to our users and visitors as 'Dancers'.
Last Updated: Friday 25 May 2018
DanceCloud is a dance event ticketing and management service - owned and operated by Cloud Creativity Limited. Our aim is simple: make organising dance events easy, so you have more time to teach and more time to dance.
Acceptance of Terms
The following terms and conditions (‘Terms of Service – Dancers’, ‘Terms’) apply to you and your use of DanceCloud as a non-organiser (as defined below). These Terms apply when you visit or use any service available through DanceCloud’s website, domain or subdomains (collectively known as ‘the Service’). The Service is owned and operated by Cloud Creativity Limited (‘Cloud Creativity’, ‘we’, ‘us’ and/or ‘our’) and is offered for your use subject to your acceptance of all the terms and conditions in these Terms, in whole and without modification, and in conjunction with all other operating procedures and policies (collectively ‘Other Policies’) that may be published from time to time by the Service.
By using or accessing any part of the Service, you agree to all the terms and conditions herein and all Other Policies published by the Service. If you do not agree with any such terms or conditions, you should not access the Service.
Cloud Creativity reserves the right, at any time and at its sole discretion, to modify or replace any terms and conditions contained herein. It is your responsibility to check these Terms for changes. Your continued use of the Service following the posting of any changes to these Terms will constitute your acceptance of the modified Terms. If you do not agree with any changes to the Terms, you should immediately cease accessing, viewing and using all parts of the Service.
Terms of Service - Organisers
If you also use the Service as an Organiser of dance events, or if you are given access to an Organiser’s account on the Service, then the Terms of Service – Organisers applies in addition to these Terms.
Description of DanceCloud
DanceCloud (the ‘Service’) provides organisers of dance events (‘Organisers’) tools to plan, manage and sell tickets for their events. This includes the collection of payments for these tickets via a third-party payment facilitator called Stripe. Users of the service (‘Dancers’, ‘you’) can visit an Organiser’s public ticket office (‘Ticket Office’) to view events and book to attend them. Booking for an event involves the purchase of tickets for one-to-many attendees, or queuing for tickets if these are not immediately available.
Domains and Subdomains
Our Service is delivered through websites and web-applications hosted on the dancecloud.com domain and all its subdomains. Our subdomains include subdomains dedicated to delivering Organiser services, including but not limited to their individual Ticket Office. For example, if an Organiser has chosen wedance as their account name, our services dedicated to their account will be available on the wedance.dancecloud.com subdomain.
Dealing with Organisers
Any correspondence or business dealings with, or participation in events and activities found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the Organiser. We shall not be 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 such Organisers on the Service.
Registering with the Service
By registering to use the Service, you agree to:
- provide true, accurate, complete and current information as requested by the user registration form (the ‘Registration Data’); and
- maintain and provide updated information to keep the Registration Data current.
To register for the service, you must be at least 18 years of age, or the legal age of majority where you reside, if that jurisdiction has an older legal age of majority.
If you provide any untrue, inaccurate or incomplete Registration Data, or if we have reason to believe that any of the Registration Data is untrue, inaccurate or incomplete, we reserve the right to suspend your user account and refuse you access and/or future access to the Service.
User Account Security
As part of the registration process, you will be asked to provide an email for use as your username, and a password for your account. You are responsible for maintaining the confidentiality of your account and are fully responsible for any and all activities that occur under your account. You agree to:
- immediately notify us of any unauthorized access to your account or any other breach of security;
- choose a secure password and ensure that it is changed at regular intervals to maintain its security; and
- ensure you sign out of your account at the end of each session of using the Service.
Cloud Creativity cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with the terms of this Section or from any unauthorized access to your account.
Payments Using Stripe
It is the responsibility of the Organiser to communicate their refund and cancellation policy to Dancers through the Service. The Service provides Organisers with the ability to define their refund and cancellation policy, and makes this policy available to Dancers within the Organiser’s Ticket Office. It is also the responsibility of the Organiser to issue or otherwise any refunds to Dancers, and the Organiser is responsible for any chargebacks or payment disputes.
All communication regarding refunds and/or cancellations are between the Dancer and the Organiser and Cloud Creativity will not be responsible or liable for any refunds, errors in issuing refunds, or lack of refunds in connection with the Service.
If you wish to request a refund in relation to an event or product listed in the Service, you must contact the Organiser directly. If you contact us, we will forward your request to the Organiser for them to action.
The Service provides an automatic wait-listing capability (‘Wait-List’) that manages both the capacity of an event and the balance of dance roles (commonly, but not exclusively, referred to as “lead” and “follow” roles) at the event. It is the responsibility of the Organiser to set up the Wait-List for each event, and the settings that they choose are at their discretion. As part of the event registration process, you may be offered a place in an event’s queue if tickets are not immediately available for purchase. This may occur if, but not limited to, the activities at the event are at capacity, one dance role has sold more than the other, or if there are multiple Dancers attempting to register at the same time.
If you choose to join the queue, you agree that you:
- intend, at the time of joining the queue, to purchase the ticket(s) you are queuing for if they become available;
- will notify the Service if any details of your registration change – for example (but not limited to) changes in the number of people you want tickets for. You can do this by going back to your registration on the event’s page; and
- will notify the Service if you no longer intend to purchase tickets if they became available. You can do this by going back to your registration for the event and choosing to leave the queue.
For the Service to ensure correct processing of a Wait-List for an event, you accept that:
- in determining whether tickets can be released to you, the Service processes the queue in the order in which Dancers joined the queue, but is not limited to releasing tickets to those who joined the queue later than you if your ticket(s) are not releasable but theirs are;
- the Organiser can manually release tickets to any Dancer in the queue, in whatever order they choose, and that this may affect the availability of the tickets that you are queuing for;
- the Organiser can manually create and sell tickets to any other Dancer without those Dancers joining the queue, and that this may affect the availability of the tickets that you are queuing for;
- the methodology for automatically releasing tickets to Dancers on the Wait-List is at the discretion of the Service;
- the decision to manually release tickets to Dancers on the Wait-List is at the discretion of the Organiser; and
- you will be given a set time frame in which to purchase your ticket(s) if they become available and if you do not complete your purchase within the given timeframe that these tickets may be released to another Dancer.
Cloud Creativity is not responsible or liable for any loss, damages, or distress caused by you joining a Wait-List and tickets not becoming available, or tickets becoming available to Dancers other than you, or any other scenario through the use of the Wait-List.
When you join a wait list for an event, no guarantee is provided that the tickets you are requesting will become available. Cloud Creativity is not responsible or liable for any costs, expenses or loss incurred by you if tickets do not become available.
Acceptable Use Policy
You agree that all information, data, text or other materials (‘Member Content’) that you submit to the Service is and shall remain your sole responsibility. You agree that all information, data, text or other materials submitted to the Service by an Organiser (‘Organiser Content’) is and shall remain the sole responsibility of the Organiser.
We do not control the Member Content or Organiser Content submitted to the Service and do not guarantee the accuracy, integrity or quality of any such content. You accept that, by using the Service, you may be exposed to content that you may regard as offensive, indecent or objectionable. We are not liable in any way for any content, including, but not limited to, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any Member Content or Organiser Content posted, emailed or otherwise transmitted via the Service.
You undertake not to use the Service to:
- Upload, post, publish, distribute, disseminate or otherwise transmit any content that is unlawful, tortuous, defamatory, abusive, harmful or invasive of another's privacy.
- Promote or provide instructional information about illegal activities.
- Upload, post or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements).
- Upload, post or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary and intellectual property rights of any party, or rights of publicity or privacy of any party, unless you are the owner of such rights or have the express permission of the owner to post or transmit such material, including, but not limited to, offering pirated computer programs or links to such programs.
- Upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
- Interfere with or disrupt the Service or servers or networks connected to the Service, or infringe any requirements, procedures, policies or regulations of networks connected to the Service, or interfering with another user's use and enjoyment of the Service, including but not limited to (i) transmitting any material that contains viruses, trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, or (ii) attempting to gain unauthorised access to the Service, other users' accounts on the Service, or private mailing lists on the Service through password mining or any other means.
- Violate any applicable law, including, but not limited to, United Kingdom legislation such as the General Data Protection Regulation 2018, Consumer Protection Act 1987 or the Financial Services and Markets Act 2000, or any amendments or replacements of such legislation.
- Engage in commercial activities that are deemed inappropriate on the Service.
We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of the Service. When a breach of this policy has occurred, we may take such action, as we deem appropriate. Failure to comply with this acceptable use policy constitutes a material breach of these Terms and may result in our taking all or any of the following actions:
- Immediate, temporary or permanent removal of any posting or material uploaded by you to our site;
- Issue of a warning to you;
- Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
- Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with any applicable law; (ii) enforce these Terms; (iii) respond to claims that any Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of the Service, its users and the public.
You understand that the technical processing and transmission of the Service, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
We, Organisers and/or third parties may provide links to third party websites or resources. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party web sites. We have no control over the content or security of such sites and resources, and you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and have no liability for any content, advertising, products, services or other materials on or available from such sites or resources or for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource. If you decide to access linked third-party websites, you do so at your own risk.
Take Down Procedure
Cloud Creativity takes the posting of any material that amounts to defamation, infringement of intellectual property or breach of these Terms and Conditions seriously. The following procedure is intended to help us to deal with such material quickly and effectively.
You are entitled to serve a notice ("Take-Down Notice") asking us to remove material posted on the Service which you believe is defamatory, breaches the intellectual property rights of any third party and/or is otherwise in breach of our Acceptable Use Policy ("Offending Material").
We will review any Take-Down Notice as soon as reasonably practicable and will act expeditiously to remove any Offending Material. As part of our response, we may remove or disable access to any Offending Material found on the Service. You authorise us to contact any person, firm, company or organisation that submitted such Offending Material to alert them to the action we are taking.
A Take-Down Notice or Counter-Notice is a legally significant document. You are advised to take legal advice on your legal rights and obligations before serving a Take-Down Notice or Counter Notice.
To be valid, a Take-Down Notice must contain:
- Sufficient information to enable us to identify and locate the allegedly Offending Material;
- Identification of the person, company, organisation targeted by the Offending Material, or the category of Offending Material (if no person, company or organisation is targeted) and your contact details so that we can contact you (for example, your email address);
- Your confirmation, given in good faith, that the material described in the Take Down Notice is Offending Material, that your Take Down Notice is true and accurate and that you are, or are authorised to act on behalf of, the party that has been harmed by and/or is complaining against the allegedly Offending Material;
- Your physical or electronic signature.
Take-Down Notices should be sent by email to support [at] dancecloud.com.
If you use an anonymous email service and/or we have no way to contact you, your complaint will not be valid and will be ignored.
If material that you have submitted to the Service has been taken down, you may file a notice in response ("Counter-Notice"). To be valid, a Counter-Notice should contain the following information:
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- A statement that you believe in good faith that the material was removed or disabled as a result of mistake or misidentification of the material in question and that the material is not Offending Material;
- Your name, address and email address;
- Your physical or electronic signature.
Counter-Notices should be sent by email to support [at] dancecloud.com.
This Take Down Procedure does not exclude any other legal rights you or we may have. If you believe any material has been published that is defamatory, breaches your intellectual property rights and/or is otherwise in breach of our Terms and Conditions then you are also recommended to seek independent legal advice.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of the Service including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We accept no liability in respect of, the loss of any or all the data that you upload to our site. You are therefore strongly advised to keep copies of any data that you upload onto the Service.
We are not responsible for the content provided by Organisers and assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of information distributed through the Service.
We make no warranty that
- the Service will meet your requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use the Service will be accurate or reliable;
- the quality of any information obtained by you through the Service will meet your expectations; and
- any errors in the software will be corrected.
Any material downloaded or otherwise obtained through your use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through or from the Service shall create any warranty not expressly stated in these Terms.
You shall indemnify Cloud Creativity Limited, its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, which we incur resulting from your use of the Service including, but not limited to any material which infringes the proprietary or intellectual property rights of any third party.
We shall notify you promptly of any such claim, action or demand as described above and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied with any of the content or the service or with these Terms or any other rules or policies, your sole remedy is to discontinue use of the Service.
We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including, but not limited to, damages for loss of profits (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the Service; unauthorised access to or alteration of your data; or any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
We may, at our discretion, terminate your password, your account (or any part of your account) or use of the Service, and remove and archive or discard any content within the Service for any reason or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also in our sole discretion and at any time stop providing the Service, or any part of it, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may take place without prior notice, and you agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or prevent any further access to such files or the Service. We shall not be liable to you or any third-party for any termination of your access to the Service.
DanceCloud is a registered community Trademark. Without our permission, you shall not display or use in any manner the DanceCloud trademark.
These Terms together with our Other Policies constitute the entire agreement between us in relation to your use of the Service.
All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of England. By using the Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Service is the English courts.
If any provision of these Terms 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 these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.