Terms and Conditions
The Site, as well as the websites of our affiliates
and subsidiaries, are currently being provided free-of-charge to you. The terms
"you", "your", and "yours" refer to the customer/purchaser utilizing our Site(s).
The terms "DancingSuppliesDepot.com", "DSD", "we", "us", and "our" refer to DancingSuppliesDepot.com,
Dancing Supplies Depot, Inc., and its affiliates, and subsidiaries. We reserve the right to change the nature
of this relationship at any time and to revise these Terms and Conditions from time
to time as we see fit. If you violate the terms of this Agreement you will have
your access canceled and you may be permanently banned from using the Site and any
interactive services. You should check these terms and conditions periodically.
By using the Site after we post changes to these Terms and Conditions, you agree
to accept those changes, whether or not you actually reviewed them.
Entering the Site will constitute your acceptance
of these Terms and Conditions. If you do not agree to abide by these terms, please
do not enter the Site.
We do not discriminate on the basis of age, race,
national origin, gender, sexual orientation or religion.
Privacy
Please review our Privacy and Security Statement,
which also governs your visit to the Site, to understand our practices.
Copyright
You acknowledge that the Site contains information,
data, software, photographs, graphs, videos, typefaces, graphics, music, sounds,
and other material (collectively "Content") that are protected by copyrights, trademarks,
trade secrets, or other proprietary rights, and that these rights are valid and
protected in all forms, media and technologies existing now or hereinafter developed.
All Content is copyrighted as a collective work under the
U.S.
copyright laws, and we own a copyright in the selection, coordination, arrangement,
and enhancement of such Content. You may not modify, remove, delete, augment, add
to, publish, transmit, participate in the transfer or sale of, create derivative
works from, or in any way exploit any of the Content, in whole or in part. If no
specific restrictions are displayed, you may make copies of select portions of the
Content, provided that the copies are made only for your personal use and that you
maintain any notices contained in the Content, such as all copyright notices, trademark
legends, or other proprietary rights notices. Except as provided in the preceding
sentence or as permitted by the fair use privilege under the U.S. copyright laws
(see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute
in any way content protected by copyright, or other proprietary right, without obtaining
permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed
as granting, by implication, estoppels, or otherwise, any license or right to use
the Site or any information displayed on the Site, through the use of framing or
otherwise, except: (a) as expressly permitted by these Terms and Conditions; or
(b) with our prior written permission or the prior written permission from such
third party that may own the trademark or copyright of information displayed on
the Site.
Intellectual Property Infringement
DancingSuppliesDepot.com relies upon a network of independent
Associates and vendors who supply some of the goods advertised on the site and,
in some cases, drop ship them directly to our customers. DancingSuppliesDepot.com
is not liable for any infringement of copyrights, trademarks, trade dress or other
proprietary or intellectual property rights arising out of Content posted on or
transmitted through the Site, or items advertised on the Site, by its Associates.
If you believe that your rights under United States or international copyright laws
are being violated by any Content posted on or transmitted through the Site, or
items advertised on the Site, please contact us promptly so that we may investigate
the situation and, if appropriate, block or remove the offending Content and/or
advertisements. It is our policy to disable access to infringing materials, and
to terminate access of repeat infringers to the Site. In order for us to investigate
your claim of infringement, you must provide us with the following information:
- An
electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright or other intellectual property interest;
- A
description of the copyrighted work or other intellectual property that you believe
has been infringed;
- A
description of where the material that you claim is infringing is located or identified
on the Site; Your name, address, telephone number, and e-mail address;
- A
statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright or intellectual property owner, its agent, or the law;
and
- A
statement by you, made under penalty of perjury, that the information submitted
to us is accurate and that you are the owner of the copyright or intellectual property
or authorized to act on behalf of the owner of the copyright or intellectual property.
The above information should be provided to DancingSuppliesDepot.com's
agent for notice of claims of copyright or other intellectual property infringement,
which can be reached as follows:
By e-mail:
legal@DancingSuppliesDepot.com
Trademarks
DancingSupplyDept.com; DSD; and other marks indicated
on the Site are registered trademarks or registered service marks of DancingSuppliesDepot.com,
in the
United States
and other countries. Our graphics, logos, page headers, button icons, scripts, and
service names are trademarks or trade dress of DancingSuppliesDepot.com. DancingSuppliesDepot.com's
trademarks and trade dress may not be used in connection with any product or service
that is not DancingSuppliesDepot.com's, in any manner that is likely to cause confusion
among customers or in any manner that disparages or discredits DancingSuppliesDepot.com.
All other trademarks not owned by us that appear on the Site are the property of
their respective owners, who may or may not be affiliated with, connected to, or
sponsored by DancingSuppliesDepot.com.
Site access
You may not download (other than page caching) or
modify the Site or any portion of it, without our express, written consent. This
includes: a prohibition on any resale or commercial use of the Site or its contents;
any collection and use of any product listings, descriptions, or prices; any derivative
use of the Site or its contents; any downloading or copying of account information
for the benefit of another merchant; and any use of data mining, robots, or similar
data gathering and extraction tools. The Site or any portion of the Site may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited
for any commercial purpose without our express, written consent. You may not frame
or utilize framing techniques to enclose any trademark, logo, or other proprietary
information (including images, text, page layout, or form) of DancingSuppliesDepot.com
or its affiliates without our express, written consent. You may not use any meta
tags or any other "hidden text" utilizing our name or trademarks without our express,
written consent.
Your account
If you use the Site, you are responsible for maintaining
the confidentiality of My Account and password and for restricting access to your
computer, and you agree to accept responsibility for all activities that occur under
My Account or password. We and our affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Links
We are not responsible for the content of any sites
that may be linked to or from www.DancingSuppliesDepot.com, and www.DancingSuppliesDepot.com,
or any bulletin board associated with DancingSuppliesDepot.com, and DancingSuppliesDepot.com.
These links are provided for your convenience only and you access them at your own
risk. Any other website accessed from the Site is independent from DancingSuppliesDepot.com,
and DancingSuppliesDepot.com has no control over the content of that other website.
In addition, a link to any other web site does not imply that DancingSuppliesDepot.com
endorses or accepts any responsibility for the content or use of such other website.
In no event shall any reference to any third party
or third party product or service be construed as an approval or endorsement by
DancingSuppliesDepot.com of that third party or of any product or service provided
by a third party.
Disclaimers and limitations of liability
The Site is provided on an "AS IS," "as available"
basis. Neither DancingSuppliesDepot.com, nor its affiliates, subsidiaries, or designees,
nor each of their respective officers, directors, employees, agents, third-party
content providers, designers, contractors, distributors, merchants, sponsors, licensors
or the like (collectively, "Associates") warrant that use of the Site will be uninterrupted
or error-free. Neither DancingSuppliesDepot.com, nor its Associates warrant the
accuracy, integrity, or completeness of the Content provided on the Site or the
products or services offered for sale on the Site. Further, we make no representation
that Content provided on the Site is applicable or appropriate for use in locations
outside of the
United States
. DancingSuppliesDepot.com specifically disclaims warranties of any kind, either
expressed or implied, including but not limited to warranties of title or implied
warranties of merchantability or fitness for a particular purpose. No oral advice
or written information given by DancingSuppliesDepot.com or its Associates shall
create a warranty. You expressly agree that the use of the Site is at your sole
risk.
Under no circumstances shall DancingSuppliesDepot.com
or its Associates be liable for any direct, indirect, incidental, special, or consequential
damages that result from the use of or inability to use the Site, including but
not limited to reliance by a user on any information obtained at the Site, or that
result from mistakes, omissions, interruptions, deletion of files or e-mail, errors,
defects, viruses, delays in operation or transmission, or any failure of performance,
whether or not resulting from acts of God, communications failure, theft, destruction
or unauthorized access to DancingSuppliesDepot.com records, programs or services.
The foregoing limitation of liability shall apply whether in an action of contract,
negligence, or other tortious action, even if an authorized representative of DancingSuppliesDepot.com
has been advised of or should have knowledge of the possibility of such damages.
You hereby acknowledge that this paragraph shall apply to all content, merchandise
and services available through the Site. Because some states do not allow the exclusion
or limitation of liability for consequential or incidental damages, in such states
liability is limited to the fullest extent permitted by law.
Prices and availability of products on the Site are
subject to change without notice. Errors will be corrected when discovered, and
we reserve the right to revoke any stated offer and to correct any errors, inaccuracies,
or omissions (including after an order has been submitted).
Although we take steps to ensure the accuracy and
completeness of product and third-party services that are posted on the Site, please
refer to the manufacturer or Associates for details.
Online conduct
You agree to use DancingSuppliesDepot.com only for
lawful purposes. You are prohibited from posting on or transmitting through DancingSuppliesDepot.com
any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable
material of any kind, including but not limited to any material that encourages
conduct that
would constitute a criminal offense, give rise to civil liability,
or otherwise violate any applicable local, state, national, or international law.
If we are notified of allegedly infringing, defamatory, damaging, illegal, or offensive
Content provided by you (e.g., through an author chat or online review), DancingSuppliesDepot.com
may investigate the allegation and determine in its sole discretion whether to remove
or request the removal of such Content from the Site.
We may disclose any Content
or electronic communication of any kind (i) to satisfy any law, regulation, or government
request; (ii) if such disclosure is necessary or appropriate to operate DancingSuppliesDepot.com;
or (iii) to protect the rights or property of DancingSuppliesDepot.com, its Associates,
and you.
We reserve the right to prohibit conduct, communication,
or Content that it deems in its sole discretion to be unlawful or harmful to you,
DancingSuppliesDepot.com, the communities that make up DancingSuppliesDepot.com,
or any rights of DancingSuppliesDepot.com or any third party. Notwithstanding the
foregoing, neither DancingSuppliesDepot.com nor its Associates can ensure prompt
removal of questionable Content after online posting. Accordingly, neither DancingSuppliesDepot.com,
nor its affiliates, nor any of their officers, directors, employees, or agents,
nor Associates assumes any liability for any action or inaction with respect to
conduct, communication, or Content on DancingSuppliesDepot.com.
Termination of usage
We may terminate your access or suspend your right
to access to all or part of the Site, without notice, for any conduct that we, in
our sole discretion, believe is in violation of any applicable law or is harmful
to the interests of another user, Associates, or DancingSuppliesDepot.com. In addition,
we reserve the right to refuse an order from any customer at our sole discretion.
Usage by children under 18
We cannot prohibit minors from visiting the Site.
We must rely on parents, guardians and those responsible for supervising children
under 18 to decide which materials are appropriate for such children to view and/or
purchase.
We require that all purchases be made either by individuals
18 years of age or older, in accordance with the terms of our privacy
policy. EACH TIME YOU PURCHASE A PRODUCT AT DANCINGSUPPLIESDEPOT.COM, YOU ARE REPRESENTING
TO DANCINGSUPPLIESDEPOT.COM THAT YOU ARE AN INDIVIDUAL 18 YEARS OF AGE OR
OLDER IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY.
Applicable law
By visiting the Site, you agree that the laws of
the State of
Florida
, without regard to principles of conflict of laws, will govern these Terms and
Conditions and any dispute of any sort that might arise between you and DancingSuppliesDepot.com
or its affiliates and subsidiaries.
Disputes
Any dispute relating in any way to your visit to
the Site or to products you purchase through the Site shall be submitted to confidential
arbitration in Miami, Florida, except that, to the extent you have in any manner
violated or threatened to violate DancingSuppliesDepot.com's intellectual property
rights, DancingSuppliesDepot.com may seek injunctive or other appropriate relief
in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be
conducted under the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving
any other party subject to this Agreement, whether through class arbitration proceedings
or otherwise.
Site policies, modification and severability
Please review our other policies, such as our Privacy
and Security Policy, posted on the Site. These policies also govern your visit to
DancingSuppliesDepot.com. We reserve the right to make changes to the Site, policies,
and these Terms and Conditions at any time. If any of these conditions shall be
deemed invalid, void, or for any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability of any remaining
condition.
Shipping
The term "shipping" or "ship" includes the commencement
of shipping items in an order for multiple purchases or where the item purchased
consists of components that must be shipped separately. For example, your order
may consist of (1) several different items, (2) a quantity of the same item, or,
(3) a single item with several component parts the size of which might require them
to be shipped in separate packages. In all such orders, we endeavor to ship out
individual packages together so that they arrive at the same time; however, when
that is not possible, we commence shipping by shipping individual packages in the
order the soonest they are available and conditions permit. In these instances,
our notification to you that your order has "shipped," marks the time when shipping
has commenced; it does not mean that all items in the order have shipped at that
time. All packages sent have a separate tracking number and may be followed on the
Order Status page. You agree that Credit cards and debit cards are to be charged
on the date of inventory reservation for the order, not the date of shipping.
Shipping costs are determined by the size/weight of the products in your order and
the shipping method selected during checkout. All shipping charges will be added
to your order at the time of checkout.
Risk of Loss
All items purchased from DancingSuppliesDepot.com
are made pursuant to a shipment contract. This means that the risk of loss and title
for such items pass to you upon tender of the item to the carrier.