This website is operated by Your Dance Market, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Your Dance Market, LLC. Your Dance Market, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – WEBSITE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. 

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

We ask sellers to provide accurate information. However, we do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. The actual colors of the product images may vary and depend on your monitor. If a product offered is not as described, your sole remedy is to deal with the seller directly to resolve your dispute. Your Dance Market, LLC is not involved in or in any way liable for any portion of the sale.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – PRODUCTS OR SERVICES 

We are a listing service that connects buyers and sellers of new, sample and used dance-related items. Your Dance Market, LLC disclaims that it is an authorized dealer or agent of any of the items listed on its website. Items offered on this website are all registered trademarks of their original owners who reserve their rights and ownership. The use or mention of any trade names, product names, or trademarks on this website does not suggest that the trademark owner or designer has any affiliations with or any endorsements of this website.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 – LISTING CONDITIONS

  • If you contract for a listing on this site, you are solely responsible for the accuracy of the information provided and for any liability stemming from copy, images or other descriptions provided in the listing. You agree to check your listing once posted for accuracy and completeness. You agree to give Your Dance Market, LLC license to use the content you upload, anywhere, and anytime with without charge, liability or additional compensation.
  • Listings for all items will remain active on the site until the item is sold, removed by the user, or the listing period expires.
  • Sellers agree to offer buyers a protected payment method (PayPal).
  • Sellers agree that only a single item for sale can be represented within an individual listing.
  • Listings may not contain offers to purchase other items offsite, refer to other items for sale, or direct users to another website for more information.
  • We reserve the right to suspend a listing – without notice – if the supplied contact information is not accurate or it if violates any of our terms of listing.
  • We reserve the right to pause a listing should the seller not be responsive to buyers’ inquiries. We reserve the right to cancel a listing and a user’s account should it be determined to be fraudulent, inaccurate, misrepresented, in violation of our listing terms. No refunds will be given in these situations.
  • We may require that multiple items listers identify themselves as such within their listing. We reserve the right to add a notation – identifying the seller as a multiple lister – to an item description as we see fit.
  • We require that sellers notify us of a sale within 15 days of the item being sold.

By purchasing a listing on this site, sellers agree that:

  • No refunds will be given once a listing has been purchased.
  • The seller is solely responsible for managing the sale. We have no involvement or liability within the transaction.

Sellers agree to provide current, complete and accurate account and payment information for all submitted listings.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, with or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel listings if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your listing).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Your Dance Market, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend and hold harmless Your Dance Market, LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 – SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. 

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of Your Dance Market, LLC., P.O. Box 530455 St. Petersburg, FL 33747.

SECTION 19 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 – COPYRIGHT

All non-listing content included on this site, such as text, graphics, logos, button icons, images, data compilations, and software, is the property of Your Dance Market or its content suppliers and protected by international copyright laws.

SECTION 21 – COPYRIGHT OF LISTING ITEMS

We seek to abide by all applicable laws of the United States and internationally, as applicable, including all copyright laws and in particular the U.S. Online Copyright Infringement Liability Limitation Act (“OCILLA").  OCILLA attempts to balance the interests of online service providers like Your Dance Market, LLC with the rights of owners and exclusive licensees of copyright in photographs or other images such as sketches (collectively “Images") uploaded by sellers to our Site. 

  • Removal of Allegedly Infringing Material: We will help copyright owners and exclusive licensees (“Copyright Holders") remove allegedly infringing Images from our Site. Copyright Holders must contact us with detailed information regarding alleged infringement.
  • Certainty about Infringement: Before contacting us regarding an alleged infringement, ensure that you are reasonably certain that the Image(s) on the Site that you are complaining about truly infringe(s) your copyright.  If you are unsure as to what your rights are, or whether copyright has been infringed, consult with a legal adviser.  Please be aware that there can be negative legal consequences for someone making a false allegation of copyright infringement.
  • Filing a Copyright Infringement Notice: To file the Copyright Infringement notice, a Copyright Holder should contact Your Dance Market, LLC with a legal affirmation that you own copyright or are the exclusive licensee of copyright in the Image(s) identified in the form.  If a Copyright Infringement notice does not contain all detailed information, Your Dance Market, LLC is not obligated to take any action. Information must include:
    • Full legal name of complainant
    • Contact Information
    • Allegation of Copyright Infringement: “I hereby confirm that I believe the Image(s) identified below and which appear(s) on the website of Your Dance Market, LLC (the “Site") infringe(s) my rights as copyright owner or exclusive licensee."
    • Identification of Image(s): Indicate the type (e.g. photo, design, fabric, etc.). and details (e.g. name of photographer, name of designer, style number or other identifier of the design, location, date, etc.) of the Image(s) which you believe has (have) been infringed. If you have evidence to support your claim, include it.
    • Location of Image(s) on Site: Provide the precise URL location of the Image(s) on the Site.
    • Basis of Infringement: Explain how the Image(s) infringe(s) your copyright (e.g. “I own copyright in the photo"; “I own copyright in the design of the item featured in the photo", etc.)
    • Use Not Authorized justification
    • Sworn Statement of Identity: “I swear that the information contained in this Notice is accurate and that I am the copyright owner or otherwise have the exclusive right in law to bring infringement proceedings with respect to the use of the Image(s) identified in this Notice."
    • Signature and date
  • What a Copyright Infringement Notice Covers: A Copyright Infringement Notice is designed to deal with Images residing on the Site at the time the Notice is filed.  Thus, while a Notice may cover more than one Image residing on the Site at a given time, it does NOT cover any Images removed from the Site before the Notice was filed; NOR does it cover any Images uploaded to the Site after the Notice is filed. A new Notice would be required to deal with such newly-uploaded Images.
  • After a Copyright Infringement Notice is Filed: When we receive a Notice containing the required information, we will contact the Complainant, if necessary, to clarify anything in the Notice that is unclear, and thereafter it will remove the identified Images within 7 business days. We will inform the affected account holder of the details of the Copyright Infringement Notice.
  • Repeat Infringers: We will be entitled, in our sole discretion, to terminate the accounts of any account holder that is the subject of repeated complaints from Copyright Holders.

SECTION 22 – CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at help@yourdancemarket.com.