1. PRELIMINARY ACKNOWLEDGEMENTS
These Terms and Conditions (or “Terms of Service”, “ToS”, “Terms of Use”) regulate the use of the online platform “Dancerents” (hereafter “Dancerents”, “Us”, “Our”, “We”, the “(Web)Site”) and must be intended as the only way to regulate the use of the Site and every interaction between the User (hereafter “You”, “the User”) and Dancerents. As the “User” we both mean “Guests” and “Hosts” of the Website if not specified in a different way. These Terms and Conditions apply exclusively. Dancerents rejects the application of any alternative Terms and Conditions imposed by the User. Dancerents provides a technical interface that enables property owners and property managers (hereafter “Hosts”) to list rental properties (hereafter “Dance Spaces” or “Properties” or “Listing(s)”) including but not limited to Dance Studios, Photographic Studios, Dance Shooting Locations, Artistic Residencies. All Website users are allowed to book such properties, whether they list a Dance Space or not. A User who books a property is considered a “Guest”. A User who rents his own property to other Site’s Users is considered a “Host”. Users can both be Guests and Hosts at the same time (e.g. if a Host decides to rent another Host’s Dance Space for his use). These Terms and Conditions both apply to Hosts and Guests in all of their sections, wherever it’s applicable. Dancerents also enables both parties to communicate with each other through a set of online tools (the “Services”).
These Terms of Use constitute a legally binding agreement between You and Dancerents. By using, registering, visiting or accessing the Site or using the Services, You acknowledge that You agree to and are subject to these Terms and Conditions and the Privacy Policy. If You do not fully agree to these Terms of Use, You are not authorised to access or otherwise use the Site. To use this website’s Services you must be at least 18 years old. By accepting these Terms and Conditions you declare you are at least 18 years old. If You are registering on behalf of a business entity or another person, You represent that You have the authority to bind the entity or other person to these Terms and Conditions. By submitting any kind of Listing on Dancerents you also declare you own the rights to publish that Property and all the related contents on Dancerents. By registering to Dancerents you declare that all information submitted to Us and to the shall be true and correct. You further agree to immediately provide notice to Us about any updates to any information that You previously submitted on Dancerents. If We make changes to this Agreement, We will post the revised Agreement on the Site and update the “Last Updated” date. If You disagree with the revised Terms and Conditions, You shall not use this Website or you may terminate this Agreement with immediate effect by e-mailing us at info@dancerents.com if you already created an Account. Terminating your Account will not constitute a refusal of these Terms of Service, as creating an Account on Dancerents requires to Accept these Terms of Service at the moment of the registration to the Site. Terminating your Account will not affect the Acceptance of these Terms of Service at the moment of the registration to Dancerents. Every revised Terms and Conditions take effect after 48 hours of the “Last-updated date”. If You do not terminate this Agreement during the 48 hours before the date the revised Terms and Conditions take effect, Your continued access to or use of the Site and/or Services will constitute Your acceptance of the revised Terms. If You breach any of these Terms and Conditions, We may suspend Your access to and use of the Site, remove Your Dance Space from the Site, cancel Your bookings and any other submitted material and refund your Guests if you have active bookings open, in addition to any other legal rights and remedies available to Us under these Terms and Conditions. We shall not have any liability for any direct, indirect or consequential loss or damage that You may incur relating to any such removal of Your Dance Space and/or cancellation of Your bookings. In the event that Your booking is cancelled pursuant to this Section, You will not receive any payment for such booking and your Guests will be refunded.
2. HOSTS AND GUESTS
2.1. GENERAL CONDITIONS
As a Guest you can book any Dance Space rented by any Host on Dancerents. While booking you agree to pay all charges included in your booking, such as the Dance Space price set by the Host, Website’s fees (including but not limited to service fees, taxes, transaction fees). Once your booking is confirmed, a contract between you, as a Guest and the Host is formed. You also agree to comply with all the Terms applicable to the Cancellation policies contained in these Terms of Service, the Reservation policies contained in these Terms of Service and every other standard, law, rule established by this Site or by the Host relatively to the use of this Website or the Dance Spaces available to you. After you have booked a Dance Space, you and the Host will be completely and totally responsible for everything that will be consequent to the booking itself, including every modification to the booking, every information and service included in it and every legal responsibility connected to it. Dancerents is just a platform that helps to connect Guests and Hosts with each others and it should never be considered a party in the contracts between Guests and Hosts.
As a Guest and/or as a Host, most generically as a User of Dancerents, you declare you accept all the responsibilities derived from renting a Dance Space on Dancerents and that Dancerents, to the maximum extent permitted by applicable law, is not responsible for any risk arising out of your access to and use of Dancerents Website and any Content provided by the platform itself or by any of its users (both Guests and Hosts), including your stay at any Dance Space, use of any other Host Service, or any other interaction you have with other Users of Dancerents. It will be your total responsibility to investigate and make sure that the Services provided by and on this Website contain true information since Dancerents isn’t able to control the accuracy or the correctness of every information provided by Dancerents’ Users.
2.2. HOSTS
As a Host you agree that you act on Dancerents as an independent individual or entity and that you’re not partner, employee or worker for Dancerents. If so, you shall not use this Website as a Host. You also acknowledge that as a Host you can set your own Price and Conditions applicable to your rented properties (Dance Spaces). You declare that your personal policies, rules and conditions applicable to your Dance Spaces are uniquely yours and that you will make sure your Guests will comply with those rules, by making it clear that Dancerents Terms and Conditions are not a part of your Dance Spaces rules and that these Terms and Conditions just apply to the usage of this Site. You shall provide only accurate and up-to-date information in each Property listing, and shall not impose different conditions or additional fees on the Guests to those set out in the Property Listing. Your listing must comply with these Terms of Service. Your listing may also be subject to approval and revision by our Team. Some of the most common reasons for a listing rejection can be (but there can be others) those contained in this article. As a Host you agree that after receiving a booking from a Guest you will have full rights to accept or refuse the booking. By accepting the booking you accept to comply with these Terms and Conditions, with your local laws and regulations and with any other kind of rule, law or regulation applicable in your Country and stated by third parties regarding the rental of a property and every possible action connected to it. If your local laws do not allow to rent properties or if they fully or partially go against these Terms of Service you should not use this website. You also declare that in case of infringement of any law due to your negligence of complying with these Terms of Service you and just you (as an individual, a legal entity or a business) will be solely responsible for any legal action taken against you. As a Host you accept and declare to be transparent, honest and competent in regard to every interaction with your Guests and with the properties (Dance Spaces) you rent on this Site. Every omission, misinformation, illegal or criminal behavior or any other attempt of infringing this Site’s Terms of Service as well as every applicable local law will be your total responsibility and you accept you will take full responsibility for any legal action taken against you as a consequence of it. As a Host you declare to accept the Cancellation and Refund Policies of this Site, included in these Terms and Conditions. As a Host you are also responsible for fulfilling your Tax obligations under the applicable law of your country. You accept to pay every fee applied by Dancerents to your transactions as a part of the functioning of the platform itself. As a Host you accept to pay Dancerents a fee on every transaction performed on this Site; the fees applied to Hosts are transparent and clearly stated in the “Fees” Section of the Website. You declare you are aware of any fee applied to your transactions on Dancerents. You accept that Dancerents shall not be responsible for your tax obligations due in your country of residence and that you must submit your tax information by yourself and at any time Dancerents won’t be responsible of your tax obligations or be able to fulfill your tax obligations on your behalf. You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) that We suffer or incur arising out of or in connection with Your use of any payment solutions to receive online payments, in particular any claims from payment solution providers or Guests, and for any liabilities arising for any incorrect tax calculations or submissions performed by You.
2.3. GUESTS
As a Guest you agree that you act on Dancerents as an independent individual or entity and that you’re not partner, employee or worker for Dancerents. You also acknowledge that as a Guest you have to comply with the Price and the Conditions applicable to your rented properties (Dance Spaces) and set by the Host and/or by Dancerents. You declare to comply with the personal policies, rules and conditions applicable to the Dance Spaces you rent and that you will make sure that you, as a Guest and all the other Guests renting the Dance Space under your same booking will comply with those rules and with these Terms of Service. While booking a Dance Space and for the entire duration of the booking (a booking must be considered active and open until the last minute of the booked date and time has passed), you declare that it will be your unique and sole responsibility to make sure every Guest using the Dance Space You booked will comply with these Terms of Service and that every loss, damage or consequence connected to your fail to make the Guests under your same booking comply with these Terms of Service will be your sole responsibility. The Host shall provide only accurate and up-to-date information in each Property listing, and shall not impose different conditions or additional fees on the Guests to those set out in the Property Listing. As a Guest you agree that after booking a Dance Space, the Host will have full rights to accept or refuse the booking. By completing a booking you accept to comply with these Terms and Conditions, with your local laws and regulations and with any other kind of rule, law or regulation applicable in your Country and stated by third parties regarding the rental of a property and every possible action connected to it. If your local laws do not allow to rent properties or if they fully or partially go against these Terms of Service you should not use this website. You also declare that in case of infringement of any law due to your negligence of complying with these Terms of Service you and just you (as an individual, an entity or a business) will be solely responsible for any legal action taken against you. As a Guest you accept and declare to be transparent, honest and competent in regard to every interaction with your Hosts and with the properties (Dance Spaces) you rent on this Site. Every omission, misinformation, illegal or criminal behavior or any other attempt of infringing this Site’s Terms of Service as well as every applicable local law will be your total responsibility and you accept you will take full responsibility for any legal action taken against you as a consequence of it. As a Guest you declare to accept the Cancellation and Refund Policies of this Site, included in these Terms and Conditions. As a Guest you are also responsible for fulfilling your Tax obligations under the applicable law of your country. You accept to pay every fee (clearly specified in the “Fees” section of the Website) applied by Dancerents to your transactions as a part of the functioning of the platform itself. As a Guest you accept to pay Dancerents a fee on every transaction performed by you on this Site. You declare you are aware of any fee applied to your transactions on Dancerents. You also declare to accept the Prices and the Conditions of every Hosts whose Dance Space you will book. If you do not wish to comply with any of the Conditions of this Site or of any Hosts you must not use this website. If you think any conditions established by a Host is illegal or is infringing these Terms of Service you can report the Listing or the User. We will review your report and take action if necessary. You accept that Dancerents shall not be responsible for your tax obligations due in your country of residence and that you must submit your tax information by yourself and at any time Dancerents will not be responsible of your tax obligations or be able to fulfill your tax obligations on your behalf. You agree to indemnify and keep Us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) that We suffer or incur arising out of or in connection with Your use of any payment solutions to receive or issue online payments, in particular any claims from payment solution providers or Guests, and for any liabilities arising for any incorrect tax calculations or submissions.
3. CANCELLATION POLICIES AND REFUNDS
As a Host you can cancel a Reservation at any time. By cancelling a reservation made by a Guest you accept to renounce to the amount of money the Guest paid to book your Dance Space. Those money will be completely refunded to the Guest.
As a Guest you have the right to be fully refunded in case a Host cancels your reservation. As a Guest you can cancel a reservation up to 7 days before the booked date and time. In this case, you will get a refund equal to the 75% of the amount paid for the reservation. As a Guest, if you cancel a reservation between 7 days before the booked date and time and 48 hours before the booked date and time, you will receive a refund equal to the 25% of the amount paid for the reservation. As a Guest you can cancel a reservation also starting from 48 hours before the booked date and time but in this case you will not be eligible for any refund.
In cases where We suspect that there is fraudulent, improper, illegal and/or suspicious activity and/or the otherwise booking prejudices Our interests, a User’s interests and/or a Guest/Host interests, We reserve the right to cancel the Booking (or Booking request). You must notify Dancerents immediately if you have a problem with a booking by contacting our Support Team and by opening a dispute on the booking itself. Dancerents is only able to provide support for what concerns the website’s use (e.g. by providing refunds, booking cancellations and by taking action towards an Account infringing these Terms of Service). Dancerents is not responsible for and you shall not retain Dancerents responsible for any event, action, damage, loss or issue related to your booking outside of the website space. You must be responsible for your bookings (both as a Guest and as a Host) and every consequence related to them. Booking Dance Spaces on Dancerents is at your own risk. Please make sure that your Host/Guest(s) are reliable before booking any Dance Space.
4. PRIVACY POLICY
We do our best to protect the Privacy of our Users. For more information about how we collect and use data from Users, read our Privacy Policy. By registering to Dancerents and accepting these Terms of Service you declare you fully accept these Terms of Service AND our Privacy Policy AND our Cookie Policy. If you do not agree with them or with part of them you must not use this Website at all.
5. TAXES
As a Dancerents User you declare you are the sole responsible for what concerns the fulfillment of all taxes and obligations, penalties and any other kind of costs owed to your country’s taxing authorities connected to the use of this Site, including but not limited to booking Dance Spaces, accepting payments, withdrawing your money balance from the Site and other operations connected to cash flows, money and taxes. Any fulfillment of any sales tax, occupancy tax as well as any direct and indirect fee connected to the use of Dancerents and the management of a Listing on this Site and where the actual property is located will be your sole responsibility, which you will fulfill according to your local laws as well as to any tax authority imposing taxes and fees on your activity connected to renting and booking a property. Dancerents is not a tax authority and it won’t be able to provide any tax reporting on your behalf. Dancerents is not able to pay taxes on your behalf nor provide any tax information about your transactions and financial statuses on Dancerents or connected to Dancerents, as every country has different regulations related to taxes application. You acknowledge that you will be the sole responsible of paying those taxes and providing correct information to the relative tax authorities of your country. Dancerents is not responsible for any incorrect information provided by you to the tax authorities you are owing your taxes. You are responsible for any tax authority demanding Dancerents to pay taxes on your behalf and in the case this happens, you will cover all the fees and the taxes Dancerents will have to pay on your behalf. We recommend you to use a tax advisor in case of doubt. Dancerents will not be responsible of your failing to comply with any tax regulation (whether it be in your country of origin, residence or elsewhere).
6. DANCERENTS ROLE AND USAGE OF THE WEBSITE
Dancerents is not a property owner nor an operator of properties. Dancerents is not a real estate nor a property agency. Dancerents is a platform whose aim is to facilitate the connection between Hosts and Guests. Dancerents shall not be responsible or liable for any information contained on the platform that has been generated by a User of the Site. Dancerents is not responsible for any condition of any Dance Space, even if the actual conditions of the Dance Space are different from the conditions described in the related listing. You accept to register to Dancerents and use its Services and the Services submitted by its Hosts at your own risk and that you shall not consider Dancerents responsible for any damage, loss or event resulting from your proper/improper usage of Dancerents.
7. INSURANCE
Dancerents does not provide any kind of insurance to its Users. As a User of Dancerents (Host/Guest) you will be the sole responsible of managing and providing every kind of insurance that could cover every possible aspect of renting someone else’s Dance Space for Your and Your Guests’ usage and your Dance Space to other Site Users. Dancerents is not responsible for any loss, damage, accident to objects, properties or people caused by you, your Guests or third parties. Dancerents allows Users to connect to each other via private messages, bookings and other methods of communication but as a Dancerents User you will be the sole responsible for any consequences of those communications inside the Site’s Space and outside of it. We recommend to communicate with other Website Users by using the Dancerents’ communication system for your own safety.
8. SAFETY, SUPPORT AND DATA
In case of need we can provide support to our Users through our Support Team. Our Support Team is able to cover and provide help for anything related to the Site activities happening on the Site itself. Our Support Team is able to investigate about any activity on the Website for the only purpose of providing assistance to Dancerents Users and guarantee their safety. By using this Website you allow Dancerents and his Team to access the history of the actions you perform on the Website in order to provide you with further assistance in case of need. Dancerents will never be able to access your private data including your payment information, which will be securely encrypted by our third parties payment processors, on which Dancerents has no control. Dancerents will be able to access every information you share on the Website for using the Site’s Services (including your property address, your first and last name, your e-mail address, your phone number, your billing address, your residence address, your country and postal code and any other personal information you will share while registering to the Website). By sharing information such as those previously mentioned you declare to allow Dancerents and His Team to use those information for any purposes related to Website’s and its Users’ safety, including Yours. Those information will not be shared with anyone but legal authorities in case of need or emergency. Dancerents may provide further support and assistance to its Users. Dancerents is fully committed to provide its Users assistance and support for everything concerning the Website’s usage and activities. Dancerents will not be responsible for any consequence related to failing to provide support and assistance to its Users, given for granted that, in that case, Dancerents has done everything was possible to provide support and assistance to the User(s) in need.
9. DISPUTES BETWEEN USERS
In case of a dispute between Users of the Site, Dancerents won’t be responsible for any kind of interaction between those Users. Every interaction between Site’s Users must be considered a User-to-User interaction, whether it be on Dancerents or outside of it. Dancerents has the right to, but not the obligation of, intercede for the disputing Users during their dispute and constitute itself as a mediator between the parties. Dancerents must be always considered a third-party which has no contractual duties nor obligations towards the disputing parties. If you think a User is acting against these Terms of Service you can report it to support@dancerents.com and our Support Team will review your case and take action if necessary.
10. REVIEWS
After each booking, when the Service has been provided by the Host to the Guests, Guests and Hosts will have an opportunity to leave a review on each other’s profiles. As a Guest or a Host you must be accurate and honest in reviewing the other party. You shall not be offensive, defamatory, discriminatory, you shall not post fake information or use improper language. Reviews are not verified by Dancerents. If you find that a review contains material that infringes these Terms of Service you can report the review and/or the material to support@dancerents.com and our Support Team will review the case and take action if necessary. By posting a review that goes against these Terms of Service and in particular against this section of the Terms, you acknowledge that your Account could be temporarily or permanently disabled, without any previous or further notice from Us. If you think we made a mistake you can appeal to support@dancerents.com without any further guarantees that your case will be reopened or reviewed again by our Support Team.
11. INTELLECTUAL PROPERTY
All copyright, logos, databases of the Website, trademarks and designs contained in the Site and in his databases and in the material published on it belong to Us or to Our licensors. By publishing your own material on Dancerents, including your business information, logos or other contents related to it, you declare to allow Dancerents to display that material on the Website until your account is active and that you fully have the rights to use that material on Dancerents for the purposes specified in these Terms of Service. Dancerents does not claim any ownership on your content, of which you are solely responsible. You may download and print material from the Site solely for the purposes of keeping a record of Your agreement with Us. You may not otherwise copy, transmit, modify, edit, store, republish, save, or link to any content or material on the Site without Our prior written consent. You can send an email to info@dancerents.com in case of doubts or requests.
12. PROHIBITED ACTIONS
By using this Website you are not allowed to do any activity that could damage the website itself or its users. It’s also strictly forbidden any kind of unlawful use of the Website, such as, but not restricted to: reverse engineering, hack, introduction of dangerous programs and scripts (Trojans, Spywares or other viruses and potential softwares that could damage the Website or its users), steal, transmit, copy, edit, transfer material from this Website to other platforms or external services, post or transmit potentially offensive material promoting racism, violence, hatred, nudity, pornography or sexually explicit content, find systems to avoid security of this Website, impersonate other users, creating fake profiles, data mining, using robots or spiders, transmit intellectual property or Copyrighted material of this Website or part of it.
As a Host you’re not allowed to ask your guests to pay outside of the platform. Dancerents is a platform offering you a set of useful business tools to get more bookings and manage your space rentals efficiently and professionally. You can use all our services for free. Asking your guests to pay their bookings outside of the platform can cause liability problems and other payment issues we cannot cover. Also, it is against these Terms of Service and you may have your account suspended on permanently deleted because of it.
Even if it’s not forbidden, we do not encourage the use of other means of communication except Dancerents messaging system to avoid scams and frauds between users. Dancerents won’t be responsible for any other communication happening outside of the platform. Share your contact information at your own risk.
13. DISTRIBUTION AND PROMOTION
By posting your material on this Website (including but not limited to property listings, Dance Spaces information) you enable Us to use that material to help you obtain a wider audience for your Property Listing, even on third-party websites. You are allowed to ask Us a list of third-party Websites that could distribute your material, if there are any, distributing Your material at the moment of your inquiry. We cannot guarantee the completeness of the aforementioned list of third-party websites since, because of the nature of the Internet, we do not have the full control of every shared link from Dancerents on the Internet and for this reason, you shall not retain us responsible or liable for any incomplete information provided by Us to you in the attempt of providing the requested information.
14. INDEMNIFICATION
You will be held solely and exclusively responsible for all financial consequences resulting from damage to Us due to content or any program You transmit or send that results in any damage to Our hardware of software, including damaging the Site, system or data or by causing the failure of the Site, system or faults therein. The financial consequences mentioned above include reasonable legal fees. If Dancerents, We or our associates suffer a loss or any kind of damage to objects or people in connection with your breach of this Agreement, your listing, or any booking of your property, you agree to fully cover the costs.
You agree to indemnify and hold Dancerents and its directors, shareholders, members, partners, managers, employees, service providers, attorneys, sponsors or affiliates harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of the Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement, your (and everyone working with you in your property or everyone being with you under the same property booking) usage/rental of a Dance Space (whether you are a Guest or a Host), and/or if any Content that you post or provide on or through the Services causes Dancerents to be liable to another and/or your violation of any third-party right, including without limitation any copyright, property, or privacy right and/or any claim that one of your submissions of content caused damage to a third-party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.
SUBJECT TO APPLICABLE LAW, YOU UNDERSTAND AND AGREE THAT THE USE OF DANCERENTS AND EVERY SERVICE PROVIDED IN IT BY ITS USERS OR BY DANCERENTS ITSELF MUST BE CONSIDERED “AS IS” AND IS AT YOUR OWN RISK. DANCERENTS DOES NOT PERFORM ANY KIND OF BACKGROUND CHECKS ON WEBSITE USERS, WHETHER THEY ARE GUESTS OR HOSTS. DANCERENTS DOES NOT REVIEW THE CONDITION OF SPACES OR ENSURE THAT THEY COMPLY WITH ANY EXISTING LAWS OR MEET ANY PARTICULAR REQUIREMENTS. WE CANNOT GUARANTEE THE SAFETY AND THE CONDITIONS OF ANY DANCE SPACE RENTED ON DANCERENTS. WE ARE UNABLE TO PERFORM DANCE SPACES CHECKS AND EVERYTHING YOU SEE ON THIS WEBSITE COULD DIFFER FROM THE ACTUAL CONDITION OF IT. YOU AGREE THAT BOOKINGS CARRY INHERENT RISK, AND BY USING THIS WEBSITE AND PERFORMING ANY KIND OF BOOKING OR ACTION YOU CHOOSE TO ASSUME THOSE RISKS VOLUNTARILY. DANCERENTS DISCLAIMS ALL RESPONSIBILITY AND LIABILITY RESULTING FROM THE MISCONDUCT, NEGLIGENCE, OR ILLEGAL / CRIMINAL ACTIVITY OF ALL USERS OR THIRD PARTIES, OR ANY INJURY TO ALL USERS OR THIRD-PARTIES OR PROPERTY DAMAGE THAT OCCURS TO DANCERENTS’ USERS INCLUDING YOURSELF, THIRD PARTIES, OR PROPERTY WHILE ACCESSING OR USING DANCE SPACES OR HOSTS SERVICES. BY USING THIS WEBSITE AND ITS SERVICES YOU DECLARE THAT ON AN EVENT OF A BOOKING YOU WILL COMPLY WITH ALL THE SAFETY REGULATIONS REGARDING THE COVID-19 DISEASE AND YOU WILL BE SOLELY RESPONSIBLE FOR IT.
WE DO NOT GUARANTEE THAT THE WEBSITE OR ITS SERVICES ARE FREE FROM ERROR, DANGEROUS SCRIPTS, VIRUSES OR OTHER KINDS OF HARMFUL CONTENT, AS THIS WEBSITE’S CONTENT IS PROVIDED ON A “AS IS” BASIS. WE DO NOT GUARANTEE THAT EVERY INFORMATION CONTAINED IN THIS WEBSITE IS ACCURATE OR TRUE, AS IT COULD BE SUBJECT TO ERRORS OR MALICIOUS ACTIVITIES CAUSED BY THIRD PARTIES PROGRAMS, ACTIONS OR SCRIPTS WE COULD NOT BE ABLE TO FULLY CONTROL OR FULLY STOP BEFORE THEIR SPREADING. WE COULD DISCONTINUE THIS PLATFORM AT ANY TIME AND WE DISCLAIM ANY OBLIGATIONS RELATED TO CONTINUING THIS WEBSITE OR ITS ACTIVITIES OVER TIME.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE ACCESS TO OR USE OF THE SERVICES IS AT YOUR OWN RISK, AND THE SERVICES, INCLUDING THIS WEBSITE, SITE MATERIAL, USER CONTENT, AND OTHER MATERIALS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. “DANCERENTS”, “WE/US”, “THE WEBSITE”, REFERS TO ITS AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND LICENSORS. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT ARISING FROM THE SERVICES. WE MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) YOUR USE OF SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPATIBLE, SECURE OR ERROR-FREE; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE. ANY CONTENT ACCESSED THROUGH SERVICES IS AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD-PARTY THROUGH THIS WEBSITE IN ANY FORM, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
16. LIMITATION OF LIABILITY
IN NO EVENT WE WILL BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO (i) ERRORS, MISTAKES, OR INACCURACY OF CONTENT; (ii) ANY TANGIBLE OR INTANGIBLE LOSSES; (iii) ANY UNAUTHORIZED ACCESS TO THIS WEBSITE AND ANY KIND OF INFORMATION STORED IN IT; (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD-PARTY; (vi) PHYSICAL INJURY, PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES OF THIS WEBSITE; (vii) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL DANCERENTS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID DANCERENTS IN THE LAST SIX (6) MONTHS, OR IF GREATER, ONE HUNDRED DOLLARS ($100).
We will not be in breach of these Terms and Conditions, or otherwise liable for any delay in performance, arising from any circumstances beyond Our reasonable control including but not limited to industrial disputes, breakdown of systems and networks, flood, fire, explosion, accident, natural disasters or acts of terrorism. We act as a payment collector agent solely for the purpose of receiving funds from Guests on behalf of the Host for bookings made on Dancerents and his available payment processors. These Terms and Conditions shall contain all the terms agreed between You and Us regarding their subject matter and shall supersede any prior agreement of any kind, between You and Us, whether oral or in writing. If not expressly stated in these Terms of Use, no representation, undertaking or promise shall be taken to have been given. If a provision of these Terms and Conditions (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of these Terms and Conditions will not be affected.
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 SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES OFFERED BY THIS WEBSITE.
IF THE LAWS OF YOUR JURISDICTION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS YOU SHALL NOT USE THIS WEBSITE AT ANY TIME.
IF THE LAWS OF YOUR JURISDICTION OR OF YOUR COUNTRY ARE NOT FULLY COMPLIANT WITH THESE TERMS AND CONDITIONS YOU SHALL NOT USE THIS WEBSITE. WE ARE NOT RESPONSIBLE FOR ANY DISCREPANCY BETWEEN THESE TERMS AND CONDITIONS AND YOUR LOCAL LAWS. IF YOU CAN’T COMPLY BOTH WITH THESE TERMS AND CONDITIONS AND YOUR LOCAL LAWS YOU SHALL NOT USE THIS WEBSITE AND ITS SERVICES.
Nothing in these Terms and Conditions affects Our liability for death or personal injury arising from Our negligence, or Our liability for fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
17. ACCOUNT
By creating an Account on Dancerents, you agree to keep your personal information such as passwords, personal ID’s and e-mail secure, safe and confidential. If you lose your credentials or if you notice someone else is using them you should notify us immediately. If you give your password, e-mail or personal ID’s to someone else you will be solely responsible for any consequence deriving from it.
We will not and shall not have ANY LIABILITY TO YOU FOR ANY UNAUTHORIZED TRANSACTION MADE USING YOUR PASSWORD AND/OR ANY ID BELONGING TO YOU; ANY UNAUTHORIZED USE OF YOUR ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO DANCERENTS, OTHER HOSTS/GUESTS OR THIRD PARTIES.
We may suspend or cancel Your account at any time if We suspect, at Our sole discretion, that Your account has been compromised or is being used in an unauthorized or fraudulent manner or if you are infringing these Terms and Conditions in one or more of its parts by using your Account in a manner that goes against part of the totality of these Terms of Service. You can ask for the Account reactivation but we do not guarantee that we will be able to reactivate your account at any time.
18. PAYMENTS, BILLING AND FEES
You agree to pay to this Website any fees for each Product or Service you purchase or you sell both as a Host and as a Guest. Where applicable, you will be billed using the billing method you select through your account management page or when making a purchase. If you have selected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct. Fees paid by you are non-refundable and may change according to various factors like third-party’s payments gateways and systems and/or other elements connected to the nature of virtual purchases made on the Internet and/or this Website’s applicable fees to each transaction to cover maintenance costs.
We may change the fees and the pricing charged to you for the Services at any time, provided that, for Products billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. If you do not agree with the price changes, you have the right to reject the change by cancelling your Recurring Subscription before the price change goes into effect.
When making a payment you will be required to select a payment method and provide all necessary information to process the payment for purchasing the Services offered by this Website. You represent and warrant that such information are true and that you are authorized to use the payment method you chose. You will be the only one responsible for updating your account information with any changes that may occur. You agree to pay this Website the amount specified in the pricing section of the Services offered (as well as any applicable taxes) in accordance with the terms of such plan and these Terms of Service. You also authorize this Website to bill your payment method previously used or any eventual new one in accordance with the terms of the applicable payment plan (as well as any applicable taxes) until you terminate your account, and you further agree to pay any charges so incurred.
If you select a Service with an auto renewal feature (“Recurring Subscription”), you authorize Dancerents to maintain your account information and charge that account automatically upon the renewal of the Service you choose with no further action required by you. In the event that Dancerents is unable to charge your account as authorized by you when you enrolled in a Recurring Subscription, Dancerents, may, in its sole discretion, bill you for your Service and/or suspend your access to the Service until payment is received.
Payments are non-refundable and there are no refunds or credits for partially used periods. You may cancel a Recurring Subscription at any time, but if you cancel your subscription before the end of the current subscription period, we will not refund any subscription fees already paid to us. Following any cancellation, however, you will continue to have access to the service through the end of your current subscription period. At any time, and for any reason and at our sole discretion, we may provide a discount or promo codes to some or all our users.
If you subscribed on our website, you can cancel by contacting Support at support@Dancerents.com
If you believe you have been incorrectly charged after cancellation, you will be required to provide the cancellation email to support@Dancerents.com . Unless you notify Dancerents of any billing discrepancies within thirty (30) days after they first appear on your payment statement, they will be deemed accepted by you, and you release Dancerents from all liabilities and claims of loss resulting from any such error.
19. DISPUTES WITH DANCERENTS
Dancerents is committed to participating in a consumer-friendly dispute resolution process before entering an eventual arbitration process. In case of dispute between you and Dancerents, you can ask for an informal negotiation directly with Dancerents’ Support Team. At least 30 days prior to starting an arbitration, you and Dancerents both agree to notify the other party of the dispute in writing and attempt in good faith to negotiate any possible informal resolution. The notice of dispute must be sent via e-mail at info@Dancerents.com . The notice of dispute must include the following details: the party’s name and any useful contact information (better if more than one), a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (you can find it at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
Please note that the European Commission Platform also provides a platform for Online Dispute Resolution. You can find this platform under the following link: ec.europa.eu/consumers/odr/
You and Dancerents mutually agree that any dispute, claim or controversy arising out of these Terms and Conditions or the applicability, breach, termination, validity, enforcement or interpretation thereof, or any use of Dancerents Platform, Host Services, Guests Bookings or any Content (collectively defined as “Disputes”) will be settled by binding individual arbitration.
You and Dancerents agree that the following causes of action are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by the following section “Applicable Law and Jurisdiction”) (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, patents, or other intellectual property; (ii) commission of a crime, hacking, cyber-attacks.
20. APPLICABLE LAW AND JURISDICTION
The applicable Law to this Terms of Service is Italian Law. The Court of Turin, Italy, will have exclusive jurisdiction regarding any dispute arising from this Terms of Service.
BY CREATING AN ACCOUNT ON THIS WEBSITE YOU DECLARE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED THESE TERMS OF SERVICE.
BY CREATING AN ACCOUNT ON THIS WEBSITE YOU ALSO DECLARE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND ACCEPTED IN ACCORDANCE WITH ART. 1341 – 1342 OF THE ITALIAN CIVIL CODE, THE FOLLOWING CLAUSES:
CLAUSE 2 (HOSTS AND GUESTS); CLAUSE 5 (TAXES); CLAUSE 7 (INSURANCE); CLAUSE 8 (SAFETY, SUPPORT AND DATA); CLAUSE 14 (INDEMNIFICATION); CLAUSE 15 (DISCLAIMER OF WARRANTIES); CLAUSE 16 (LIMITATION OF LIABILITY); CLAUSE 18 (PAYMENTS, BILLING AND FEES); CLAUSE 20 (APPLICABLE LAW AND JURISDICTION)
Last Updated: 01 May 2023