WEBSITE USE TERMS AND CONDITIONS
The term ‘John Sinmaker Pty Ltd’ or ‘us’ or ‘our’ or ‘we’ refers to John Sinmaker Pty Ltd, the owner of the website, whose registered office is ACN 607238513, New South Wales. The term ‘you’ or ‘your’ refers to the website user.
Your use of this website is subject to the following terms and conditions:
• The content of this website is for your general information and use only. It is subject to change without prior notice.
• Neither we nor any third parties provide any warranty or guarantee as to the performance, accuracy, timeliness, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You hereby acknowledge that such information and materials may contain mistakes, inaccuracies or errors and we expressly exclude any liability for such to the fullest extent permissible by law.
• Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
• This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the content, design, layout, appearance, look and graphics of the website. Any reproduction of the website’s material is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
• Your understanding and acceptance that all lesson memberships and subscriptions are recurring billing services.
• All subscriptions, memberships, lessons, instructional packages, and other services are considered monthly or yearly recurring subscriptions, which are automatically renewable, except LIFETIME ACCESS membership. You may cancel your listing at any time. All features attached to your listing will terminate at the time of cancellation. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-YEAR OR PARTIAL MONTH SUBSCRIPTION PERIODS. You agree that, unless you cancel your subscription at least 7 days before your next scheduled payment date, you authorize opendance.academy to charge the next applicable subscription fee to your Payment Method
a. Opendance.academy may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Services or the Site (or any portion, aspect or feature of the Services or the Site) for any reason, or no reason, at any time in its sole discretion, with or without notice, including if it believes that you are under 14, or under 18 and not supervised by a parent or legal guardian. Any such termination will result in the full refund for lifetime membership; all recurring charges will be cancelled.
b. You may terminate your Membership at any time, for any reason, by following the instructions on the User’s Account page.
c. As a subscriber, you may cancel your membership at any time. Cancellations received after the stated deadline will not be eligible for a refund. All refund requests must be made by the member or credit card holder. To cancel your account, email firstname.lastname@example.org at least 7 days prior to your next billing date with the name of the member and/or transaction number. Once your cancellation is effective you will no longer have access to our large selection of premium lessons.
d. Even after Membership is terminated, this Agreement will remain in effect.
• All trademarks reproduced in this website, which are not the property of, or licensed to us, are acknowledged on the website.
• Unauthorised use of this website may be a criminal offence and/or give rise to a claim for damages.
• This website may also, on occasion, include links to other websites which are not controlled by us. These links are provided for your convenience to provide you with further information. You acknowledge that they are used at your own risk. They do not signify that we recommend or endorse the websites. We have no control over the nature, content and availability of those websites.
• Your use of this website and any dispute arising out of your use of it is subject to the laws of New South Wales.
• You may only use the website for lawful purposes and in a manner consistent with the nature and purpose of the website.
• These terms and conditions do not relate to your use of any product or service described on our website unless otherwise agreed. You must refer to the individual warranty relevant to any particular product or service.
• These terms and conditions may be amended from time to time. Your continued use of our website following any such amendments will be deemed to be confirmation that you accept those amendments.
• You indemnify us from and against all claims, suits, demands, actions, liabilities, costs and expenses (including legal costs and expenses on a full indemnity basis) resulting from your use of the website.
• In no event will we be liable for any loss, damage, cost or expense including legal costs and expenses (whether direct or indirect) incurred by you in connection with the use of this website.
• Every effort is made to keep the website up and running smoothly. However, we take no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
You promise and agree that you are accessing the Video lessons and other OpenDance Academy content for your own personal, non-commercial, entertainment purposes and that you will not redistribute or transfer the OpenDance Academy service or the content.
The following is not permitted for any reason whatsoever:
• copying, redistributing, reproducing, “ripping”, recording, transferring, performing or displaying to the public, broadcasting, or making available to the public any part of the OpenDance Academy content, or otherwise making any use of the OpenDance Academy service or the content which is not expressly permitted under the Agreements or applicable law or which otherwise infringes the intellectual property rights (such as copyright) in the OpenDance Academy service or the content or any part of it;
• selling, renting, sublicensing or leasing of any part of the OpenDance Academy service or the Video lessons and other content;
• artificially increasing play count or otherwise manipulating the video lessons by using a script or other automated process;
• removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the OpenDance Academy (including for the purpose of disguising or changing any indications of the ownership or source of any content);
• providing your password to any other person or using any other person’s username and password;
• using any automated means (including bots, scrapers, and spiders) to collect information from OpenDance Academy; or increase video lessons views.
RELEASE OF LIABILITY / RISK OF INJURY INCLUDING LEADING UP TO DEATH
I, for myself, my heirs, assigns, executors or anyone else who may ever claim on my behalf will never institute, prosecute, or in any way aid in the institution or prosecution of any claim, suit, demand, action or cause of action against opendance.academy, its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors, and all for any damages, expenses, costs, loss, including personal injury, death, damage to property or loss of any kind due to any cause whatsoever, whether foreseen or unforeseen, known or unknown, past, present, or future including negligence, breach of contract, or breach of any statutory or other duty of care, that may be sustained as a direct or indirect consequence of any online lesson, online community posting, session, class, workshop, course, contest, or any activity connected with, directed by, related to, or conducted by opendance.academy or its agents.
I hereby agree that I am age 18 or older.
I further agree to indemnify, release, defend, not sue, and hold harmless opendance.academy, its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors from any and all claims, losses, illnesses, demands, and injuries to my person or property, foreseen or unforeseen, resulting from, caused by, or related to any online lesson, online community posting, session, class, workshop, course, contest, or any activity connected with, directed by, related to, or conducted by opendance.academy or its agents. I agree to indemnify opendance.academy with regard to any cost, expense (including reasonable attorney fees), and in any loss caused in any way by me.
I knowingly and voluntarily execute this agreement under my own free will. I expressly acknowledge that the activities I will be engaging in are potentially dangerous physical activities, and that understanding all reasonable precautions have been taken to assure that opendance.academy is as safe as possible, I understand that opendance.academy cannot and will not be responsible for the actions and non-actions of its owners, directors, partners, principals, officers, employees, representatives, assigns, heirs, agents, party presenters, executors of me, or of other students. I assume all responsibility and risk associated with any and all activities.
I understand that activities associated with opendance.academy are physically strenuous and I voluntarily participate in them with full knowledge that there is risk of personal injury, property loss or death. I agree that neither I, my heirs, assigns or legal representatives will sue or make any other claims of any kind whatsoever against opendance.academy or its members for any personal injury, property damage/loss, or wrongful death, whether caused by negligence or otherwise.