Terms of Use

AGREEMENT BETWEEN USER AND Dance In A Can

The Dance In A Can Web Site is comprised of various Web pages operated by Dance In A Can. The Dance In A Can Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Dance In A Can Web Site constitutes your agreement to all such terms, conditions, and notices.

OWNER SHIP

All content of Dance In A Can is the Sole Property of Appdrenaline, Inc., parent company of School Empower, Dance Studios Web Design and Dance In A Can. DBA

COPYRIGHT INFRINGEMENT

You may not copy or reproduce any materials on the Dance In A Can website except by express permission of Dance In A Can.  

USER NAME AND PASSWORD

Your user name and password can’t be shared with anyone.  We have studio plans available.  If you share your user name and password with other studios, you will be denied access from the site

TERM OF SUBSCRIPTION

Subscription price for the Dance In A Can product is for one year. Each year, content will be refreshed and renewed. 

MODIFICATION OF THESE TERMS OF USE

Dance In A Can reserves the right to change the terms, conditions, and notices under which the Dance In A Can Web Site is offered, including but not limited to the charges associated with the use of the Dance In A Can Web Site.

LINKS TO THIRD PARTY SITES

The Dance In A Can Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Dance In A Can and Dance In A Can is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Dance In A Can is not responsible for webcasting or any other form of transmission received from any Linked Site. Dance In A Can is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Dance In A Can of the site or any association with its operators.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Dance In A Can Web Site, you warrant to Dance In A Can that you will not use the Dance In A Can Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Dance In A Can Web Site in any manner which could damage, disable, overburden, or impair the Dance In A Can Web Site or interfere with any other party's use and enjoyment of the Dance In A Can Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Dance In A Can Web Sites.

USE OF COMMUNICATION SERVICES

The Dance In A Can Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Conduct or forward surveys, contests, pyramid schemes or chain letters.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
• Violate any applicable laws or regulations.

Dance In A Can has no obligation to monitor the Communication Services. However, Dance In A Can reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Dance In A Can reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Dance In A Can reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Dance In A Can's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Dance In A Can does not control or endorse the content, messages or information found in any Communication Service and, therefore, Dance In A Can specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Dance In A Can spokespersons, and their views do not necessarily reflect those of Dance In A Can.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO Dance In A Can OR POSTED AT ANY Dance In A Can WEB SITE

Dance In A Can does not claim ownership of the materials you provide to Dance In A Can (including feedback and suggestions) or post, upload, input or submit to any Dance In A Can Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Dance In A Can, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. Dance In A Can is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Dance In A Can's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Dance In A Can WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Dance In A Can AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE Dance In A Can WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Dance In A Can WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

Dance In A Can AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE Dance In A Can WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dance In A Can AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Dance In A Can AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE Dance In A Can WEB SITE, WITH THE DELAY OR INABILITY TO USE THE Dance In A Can WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE Dance In A Can WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Dance In A Can WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Dance In A Can OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE Dance In A Can WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Dance In A Can WEB SITE.

SERVICE CONTACT : lori@schoolempower.com

TERMINATION/ACCESS RESTRICTION

Dance In A Can reserves the right, in its sole discretion, to terminate your access to the Dance In A Can Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in New York, City, U.S.A. in all disputes arising out of or relating to the use of the Dance In A Can Web Site. Use of the Dance In A Can Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Dance In A Can as a result of this agreement or use of the Dance In A Can Web Site. Dance In A Can's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Dance In A Can's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Dance In A Can Web Site or information provided to or gathered by Dance In A Can with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Dance In A Can with respect to the Dance In A Can Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Dance In A Can with respect to the Dance In A Can Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

COPYRIGHT AND TRADEMARK NOTICES:

All contents of the Dance In A Can Web Site are: Copyright 2014 by Dance In A Can and/or its suppliers. All rights reserved.

TRADEMARKS

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE

Indemnification

Dance In A Can agrees to defend, indemnify, and hold harmless Company, its affiliates and subsidiaries, and their respective directors, officers, employees, agents, successors and assigns from and against any and all losses, costs, expenses, damages, fines, penalties, deficiencies, liabilities (including settlements and judgments) and claims, suffered, incurred or sustained by Company, resulting from, arising out of or relating to any of the following: (i) any breach by Vendor of its representations or warranties set out in this Agreement, (ii) any act or omission of Vendor, (iii) any violation by Vendor of a third party’s intellectual property right and (iv) Vendor’s failure to pay withholding or other taxes resulting in determination by a government agency that Vendor is not an independent contractor.

(a) DANCE  STUDIO agrees to defend, indemnify, and hold harmless Dance In A Can its affiliates and subsidiaries, and their respective directors, officers, employees, agents, successors and assigns from and against any and all losses, costs, expenses, damages, fines, penalties, deficiencies, liabilities (including settlements and judgments and claims, , suffered, incurred or sustained by Vendor, resulting from, arising out of or relating to any of the following: any action by a third party against Vendor that alleges that materials created, developed or designed by Company and provided to Vendor involving Company’s trademarks or intellectual property violates the intellectual property rights of any third party. 

 (b)  Additional DANCE IN A CAN  Warranties:  DANCE IN A CAN represents and warrants that (a) it has the full power and authority to enter into and perform this Agreement.  Additional DANCE THE STUDIO Warranties:  DANCE THE STUDIO represents and warrants that (a) it has the full power and authority to enter into and perform this Agreement.

(c)   Force Majeure.  In the event that either Party is prevented from performing, or is unable to perform, any of its obligations under this Agreement due to any cause beyond the reasonable control of the Party invoking this provision, the affected Party's performance will be excused and the time for performance will be extended for the period of delay or inability to perform due to such occurrence.  However, should the affected Party’s inability to perform continue for a period of thirty (30) days or more, the other Party may, upon the conclusion of such 30-day delay, terminate this Agreement immediately upon providing written notice, subject to Paragraph 4 herein.   Entire Agreement:  This Agreement constitutes the entire understanding and agreement of the Parties with respect to the matters addressed herein. 

APPDRENALINE INC. (DBA as Dance In A Can)