Terms and Conditions
Last Updated: 20 January, 2022
These terms apply to the Mark Morris Digital Dance Center (“us”, “we”, “our”, or “MMDDC”) website located at markmorrisdancecenter.tv (“Channel”). Use of the Channel implies your agreement to these terms (“Terms”) and your acknowledgement that you have read, understood, and agree to the Terms in their entirety, including any modifications hereafter. We reserve the right to update and/or alter these Terms at any time.
Please review these Terms and Conditions periodically, as they may be amended without notice to you. If you do not agree to these Terms, we ask that you do not access, browse, or use the Channel.
The Channel is intended for use by individuals 18 years of age or older. A parent or legal guardian must read and accept these Terms for users under the age of 18. We do not knowingly collect information from anyone under the age of 13. It is our sole discretion to refuse access to the Channel to any person or entity for any reason.
RIGHTS
The Channel is owned and operated by Discalced, Inc dba Mark Morris Dance Group (“Discalced”) and unless otherwise indicated, all the content appearing on the Channel (“Content”) is the property of Discalced and its affiliates, licensors and/or third party service providers and protected, without limitation, by U.S. and foreign copyright, trademark and other intellectual property laws. All trademarks, trade names, logos and other indicia of origin appearing on the Channel are the property of Discalced, its affiliates, licensors, and/or third party service providers. You may not use any Content without the prior written consent of Discalced. No Content from the Channel may be copied, reproduced, republished, translated, uploaded, posted, transmitted, or distributed in any way. The use of the Content on any other platform or networked computer environment is prohibited.
You may not use the Channel for any commercial purpose not expressly approved by Discalced in writing. You may not monitor, scrape, index, or otherwise copy any of the material on the Channel by means of any robot, spider, or other automatic device, process, or means, regardless of whether such use may be considered a fair use under United States copyright law.
PAYMENTS, CANCELLATIONS, AND REFUNDS
We utilize Authorize.net to process online credit card payments. Please review their privacy policy and terms of use regarding any financial information you may provide. We do not store or share any credit card information.
You may purchase access to the Channel via a monthly or annual subscription to the Mark Morris Digital Dance Center by paying a fee as indicated on the Channel and as agreed to by you prior to your purchase. You may cancel your subscription at any time, however there will be no refunds given for any subscription plans already purchased. If you cancel your subscription, you will not be pro-rated or refunded for any time prior to your next billing period. You will have access to content in your current subscription until your subscription is terminated at the following billing date.
ACCOUNTS AND SECURITY
The Channel requires registration and asks you to provide information to participate in certain features or access certain content. During the registration process, you will be asked to enter a valid email address and choose a password. It is your responsibility to maintain the confidentiality of your password and account. You agree to notify us immediately of any unauthorized use of your account. You further agree not to email, post, or otherwise disseminate passwords or other information that provides others access to the Channel. Discalced is not liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, and is not responsible for any delay in shutting down your account after you have reported a breach of security to us.
TERMINATION
Discalced reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Channel, and to block or prevent future access to and use of the Channel for any reason, including your breach of these Terms. Discalcedreserves the right to modify or discontinue, temporarily or permanently, the Channel or parts thereof with or without notice. You agree that Discalced shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Channel or parts thereof.
HEALTH DISCLAIMER
You acknowledge that you understand the nature of the activities you will be participating in when using the Channel, and the possibility that, despite precautions, accidents and/or physical injury may occur. You agree to release and hold harmless Discalced, the Mark Morris Digital Dance Center, including teachers and staff, from any cause of action, claims, or demands now and in the future. You will not hold Discalcedliable for any personal injury which may occur while utilizing the Platform. We advise you to seek the advice of a physician prior to engaging in any dance regimen or if you have any questions or concerns regarding your health and fitness regimen. If you experience any pain, difficulty, shortness of breath, dizziness, illness, or discomfort when using the Channel, stop and consult your physician or seek emergency medical attention immediately.
DISCLAIMER
Discalced does not warrant that the operation of the Channel will be uninterrupted or error-free, that defects will be corrected, or that the Channel or the server that makes it available are free of viruses, worms, trojan horses, cancelbots or other harmful components. We do not warrant or make any representation regarding the use or the results of the use of any Content in terms of their correctness, accuracy, reliability, or otherwise.
LIABILITY AND INDEMNIFICATION
Discalced, its officers, officials, agents, and/or employees, sponsoring agencies, sponsors, advertisers are not liable for any damages, claims or losses incurred, however caused, and under any theory of liability arising in connection with: (a) the Channel and its Content; (b) your use or inability to use the platform, including, without limitation, any Content; (c) any third party platform or service used in connection with or available through the Channel; (d) unauthorized access to or alteration or loss of your transmissions or data or other information that is sent or received in connection with the Channel; or (e) errors, system down time, network or system outages, file corruption or service interruptions, even if Discalced is advised of the possibility of such damages, claims, or losses.
Our cumulative liability to you arising from any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you for access to the platform. If no amounts were paid, your sole remedy under these terms of use shall be to discontinue any use of the Channel.
You agree to release and indemnify the Discalced its officers, officials, agents, and/or employees, sponsoring agencies, sponsors, and advertisers, with respect to any and all claims that may arise as a result of participating in the Channel’s activities, to the fullest extent permitted by law.
GOVERNING LAW
These Terms shall be governed by, construed, applied and enforced in accordance with the laws of the state of New York without regard to any conflict of laws principles.
Any dispute arising from these Terms or the Channel shall be resolved in the state or federal courts residing in New York, New York and you irrevocably agree to the jurisdiction of such courts. Discalced makes no representation that Content contained on the Channel is appropriate or available for use in jurisdictions outside the United States, or that the Terms comply with the laws of any other country. Visitors who use the Channel and reside outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
