Terms & Conditions
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Last modified: January 6, 2023
This agreement (the “Terms and Conditions”) is between you, our user (“you”, “your”) and DANSE BLOOM PRODUCTIONS INC (“Danse Bloom”, “we”, “our”). These Terms and Conditions govern your use of the websites and mobile app owned and operated by Danse Bloom (collectively, the “Services”).
1. Acceptance
You agree to be bound by and comply with these Terms and Conditions, by creating an account, viewing videos, downloading our app, making a purchase or otherwise using our Services.
If you are a business or entity other than a natural person (collectively, a “Business”), the individual registering the account or otherwise using our Services on behalf of the Business must have obtained all necessary permission to bind the Business to these Terms and Conditions.
These Terms and Conditions include our Privacy Policy. Please review our Privacy Policy to learn how we protect, use and collect your personal information.
2. Use of our Services by minors
In order to use our Services, you must, if you are an individual, be the greater of 14 years of age or the legal age applicable in your jurisdiction of residence that allow you to: (i) share your personal information; and (ii) use our Services, specifically our Services allowing for the commercialization of your account.
A minor in their jurisdiction of residence must represent that they have obtained the permission of their parents, guardians or custodians (collectively, “Parents”) to use the Services. By authorizing the minor to use the Services, the Parents are subject to the Terms and Conditions, and are responsible for their minor actions in connection with the Services.
3. Modifications to the Terms and Conditions and App Features
We reserve the right, in our sole discretion, to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access and continued use of our Services. You agree to periodically review the Terms and Conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.
The features, information and material found in our Services may be changed, withdrawn, or terminated at any time, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of our Services is restricted to users or unavailable at any time or for any period.
4. Our Services
The features described below are available depending on your subscription.
Portfolio:
The Portfolio allows you to either create a basic portfolio with only your photo and a short biography or a more advanced and professional portfolio. By creating a Portfolio, you are automatically listed in the Artistic Network (see below) and can be discovered by the entire art ecosystem on our mobile app. .
Event:
Discover and advertise dance-related events such as dance courses, classes, competitions, conferences, conventions, festivals, networking events, performances, dance boot camps, workshops (collectively, the “Activities”).
You can purchase tickets for Activities directly through the Event feature.
Announcement:
Discover and advertise job opportunities related to dance (administrative work, teaching work, artist work, internships, last-minute replacements, artistic residencies, auditions, calls for applications, funding opportunities, fundraising, space rental, volunteer work).
Artistic network:
The Artistic Network allows you to browse through the mobile app and discover new emerging and professional dancers and companies in the dance industry through portfolio viewing.
You can search for certain portfolios with specific criteria/filters (e.g., dance style and location).
You can subscribe to portfolios to receive notifications about upcoming events from your favourite artists and organizations.
Casting tools:
Search and recruit new talent for your artistic projects.
Create customized lists to better organize your Artistic network.
Search some portfolios with advanced criteria/filters (example: eye colour, height, access to a car, artist’s gender).
The casting tool gives producers independence in finding new talent for artistic projects.
5. Our Accounts
In order to use our Services, you must create an account. Our different accounts are based on the needs of our users. Our different types of accounts are available to both individuals and businesses.
THE ACCOUNTS WILL BE AVAILABLE AFTER THE BETA TESTING.
Registration Process: In order to access our Services, you must create an account by simply providing your email address, your name or your Business name and your age if you are an individual. Once you have created a Basic Account, two options are available to you:
Maintain your Basic Account allowing you to use our Services as an observer and not as a creator; or
Create a portfolio by choosing a superior account whether it is free (Aspiring Account) or paid (Professional Account, Premium Account).
Aspiring Account: This free account will suit you if you are an emerging artist or young dancer looking to create a first portfolio, develop your artistic network and stay up to date with news from the artistic community.
Professional Account: This paid account will suit you if you are a professional artist or a worker in the cultural field wishing to create a professional portfolio that allows you to replace your website, develop collaborations with other artists and announce your upcoming events.
Premium Account: This paid account will suit you if you are a Business or if you are a self-employed person working in the field of dance and wishing to use professional tools tailored to the needs of broadcasters, producers, agencies and dance studios.
Chart of the different services offered according to the type of account
THE CHART WILL BE AVAILABLE AFTER THE BETA TESTING.
6. Subscription and Billing Schedule
Your subscription to our Services will renew until terminated. Danse Bloom offers two types of subscriptions: (i) monthly and (ii) annual. For the monthly subscription, payment will be debited on the first day of purchase and on the same day of each subsequent month. As for the annual subscription, it will be renewed automatically on the anniversary date of the first transaction.
7. Method of payment
Payment terms are at our sole discretion.
We accept Mastercard and Visa payments for all purchases.
You represent and warrant that: (i) the credit card information you provide to us is true and complete; (ii) you are duly authorized to use that credit card for the purchase; (iii) the charges incurred by you will be honoured by your credit card company; and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted at the time of your order.
8. Currency
All sums of money referred to in the mobile app and the website are expressed in the legal currency of the user’s country of origin.
9. Promotional offers
We may, from time to time, offer special promotional offers, subscriptions or plans (“Offers”). Offer eligibility is determined by Danse Bloom at its sole discretion, and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. We may use information such as a device ID, method of payment or account email address used with an existing or recent Danse Bloom subscription to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.
10. Refund Policy
You may cancel your subscription to our Services at any time. You will continue to have access to our Services until the end of your billing period. To the extent permitted by applicable law, payments are non-refundable, and we do not provide refunds or credits for any partially used subscription periods or unused Services. If you cancel your subscription, your account will automatically close at the end of your current billing period.
11. The Event Feature
Users with a paid subscription (Professional Account or Premium Account) can sell tickets for Activities. Users wishing to sell tickets for Activities through the Event feature will be required to create a Stripe Connect account. This will allow them to receive payments for sales made using our Services in the bank account of their choice. By using Stripe Connect, you will be subject to their terms of use, you must read and agree to these terms as you will be subject to them to use this feature. For more information, please visit: https://stripe.com/en-ca.
Danse Bloom is not responsible for making any payments as a result of sales you make through the Event feature. The individual or Business associated with the account is entirely responsible for paying their associates and collaborators.
Danse Bloom charges a commission on each sale made, before applicable taxes and transaction fees. The commission percentage varies depending on the seller’s account. The commission is 6% for the Professional Account and 2.5% for the Premium Account.
The seller can issue a refund to their customers via Stripe Connect. For more details, please visit: https://support.stripe.com/questions/refund-a-customer.
Sellers using the Event feature will receive the proceeds of their sale on a weekly basis every Thursday. No payment will be sent if the seller has not made a sale during this period.
12. Intellectual Property
You understand and agree that Danse Bloom website and mobile app and its content, features and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website and mobile app layout, selection and arrangement, are owned by Danse Bloom, its licensors, or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation, copyright, trademark, patent, trade secret and any other proprietary rights.
Our name, logo and all related names, logos, service names, designs, images and slogans are trademarks of Danse Bloom or its affiliates or licensors. You must not use such marks without the prior written permission of Danse Bloom. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of our proprietary rights and may be a violation of federal or other laws and could subject the infringer to legal action.
You shall not, directly or indirectly, reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website or mobile app in any form or medium whatsoever except your computer and browser may temporarily store or cache copies of materials being accessed and viewed.
13. Rights you grant
The Services may contain interactive features that allow you to submit content. By submitting content through the Services, you grant us and our affiliates and service providers, and each of their and our licensees, successors and assigns the right to a worldwide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such content for any purpose and according to your account settings and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of any user content submission.
By submitting content through the Services, you declare and warrant that you own or have the necessary rights to the content you submit to the website and mobile app and that you have the right to grant the license herein to us, our affiliates and service providers, and each of our licensees, successors and assigns.
By submitting content through the Services, you represent and warrant that the submitted content complies with applicable laws and regulations and the Terms and Conditions.
By submitting content through the Services, you understand and agree that you, and not Danse Bloom, are entirely responsible for any content you submit or contribute, and that you are entirely responsible to any third party, for that content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any content you submit, therefore in the event of any copyright infringement by you we are not responsible for such infringement.
You grant to Danse Bloom the right to monetize the content you submit (such monetization may include, but is not limited to, the display of ads on or within the content you submit). This license does not entitle you to any payment in connection with Danse Bloom’s monetization of the content you submit.
14. Third-Party Website
For your convenience, the Danse Bloom website and mobile app may provide links or pointers to third-party websites. We make no representations about any other third-party websites that may be accessed from our Services. If you choose to access these third-party websites, you do so at your own risk. We have no control over the content of these third-party websites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to all terms and conditions of use of such third-party websites.
15. Privacy Policy
By submitting your personal information and using our Services, you consent to the collection, use, reproduction, hosting, transmission and disclosure of any such submitted information in compliance with our Privacy Policy as we deem necessary for the use of our Services.
Danse Bloom does not guarantee the confidentiality of any communication you make through its Services.
By using our Services, you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze the usage patterns of our Services.
16. Usage policy
You warrant and agree that our Services shall not be used to:
Violate any applicable federal, provincial, local or international law or regulation or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Condition and our Privacy Policy;
Violate in any manner the terms of use of any third-party website that is linked to our Services;
Lead to the publication of any material that is exploitive, obscene, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the sole discretion of Danse Bloom;
Send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Terms and Condition;
Impersonate or attempt to impersonate Danse Bloom, an employee of Danse Bloom, another user, or any other person or entity;
Transmit, or procure the sending of, any advertisements or promotions, including, without limitation, any spam, contests, sweepstakes and other sales promotions, or advertising or any other similar solicitations;
Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of our Services, or which, as determined by us, may harm Danse Bloom or users of the Services or expose them to liability;
Promote any illegal activity, or advocate, promote or assist any unlawful act;
Falsely give the impression that your publications originate from us or are endorsed by us, if this is not the case.
17. Disclaimer of warranty
You represent and warrant that the information provided for the purpose of creating an account and receiving the Services is true and accurate.
You understand and agree that use of the Services is at your own risk. The Services are provided on a “as is” and “as available” basis, without warranty or condition of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement.
Neither Danse Bloom, its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors make any warranty, representation or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency or availability of the Services or any of its content. Without limiting the foregoing, neither Danse Bloom, its subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, licensors, licensees, suppliers or successors represent or warrant that the Services, its content, or any services or items found or attained through the Services will be accurate, reliable, error-free or uninterrupted, that defects in the Services will be corrected.
We cannot and do not guarantee or warrant that files or data available for downloading from our Services will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website, mobile app and your computer, Internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, Trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it. You are responsible for implementing measures to protect the security and integrity of your computer system and you are responsible for the full cost of any service or repair to your computer system that may be required as a result of your use of the Services.
18. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Danse Bloom and its subsidiaries, affiliates and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors and assigns from and against all claims, liability, damages, judgments, awards, losses, costs, expenses or fees (including reasonable legal fees) arising out of or relating to your breach of these Terms and Conditions or use of the Services or third-party services.
19. Limitation of liability
We are not responsible for verifying the information provided through the Services and do not guarantee the accuracy of such information. You are solely responsible for exercising due diligence with respect to all of our Services. We do not verify the compliance of any third party using the Services with applicable laws.
You voluntarily assume all risks and hazards associated with purchases made through the Event feature and waive any and all claims for personal injury or death against us, the vendors using the Event feature, the performers, and all of our subsidiaries, affiliates, their respective directors, officers, employees, agents, mandataries, on behalf of you and any person accompanying you. When your purchase consists of buying a ticket to an Activity, you also assume all risks, dangers and hazards related to: (i) unfavourable weather; (ii) changes in the date and time of the Activity; and (iii) the risk of contracting a transmissible disease or illness - including, but not limited to, exposure to COVID-19 or any other bacteria, virus or other pathogen capable of causing a transmissible disease or illness, whether such exposure occurs before, during or after the Activity.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY, ITS SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE AND MOBILE APP, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY CONTENT ON THE WEBSITE OR MOBILE APP, MATERIAL, POSTING OR INFORMATION CONTAINED THEREON.
20. Governing Law and Choice of forum
Our mobile app, website and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein, without giving effect to any choice of law or conflict of law provision, principle, or rule of another jurisdiction and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to our mobile app, website and these Terms and Conditions will be instituted in the courts of the Province of Quebec, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding.
21. General provisions
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.
Some of our Services include content provided by third parties. Any statements and/or opinions expressed in such third-party content are solely the opinions and responsibility of the person or entity providing such materials.
22. Duration and Termination
These Terms and Conditions take effect when you first use our Services and continue for as long as you use our Services or have an account with us, whichever is longer. Payable accounts for the duration of the subscription period will be maintained and will be renewed in accordance with Section 6 above. With respect to users who do not have a paying account, (i) Danse Bloom may terminate these Terms and Conditions at any time by providing thirty (30) days’ written notice, and (ii) users may terminate the agreement at any time by deleting their accounts.
If you fail to comply with these Terms and Conditions, Danse Bloom may, in its discretion: (i) immediately terminate these Terms and Conditions, with or without prior written notice; (ii) suspend, delete or limit access to your account (and other accounts under your control) or any content therein; and (iii) to the extent permitted by applicable law, retain any monies owed to you. If Danse Bloom removes your account for violation, you will not be able to re-register.
In the event of termination or expiration, the following sections will remain in effect: Section 18 (Indemnification), Section 19 (Limitation of Liability), Section 20 (Governing Law and Choice of Forum), and Section 21 (General Provisions).
23. Beta app
We may invite you to try beta versions of the Danse Bloom app. You may be required to agree to additional terms and conditions to these Terms and Conditions in order to use the beta version of the app. The beta version of the app is provided for evaluation and feedback purposes only. You understand that the beta app is not the final version of the Danse Bloom app and therefore may contain bugs, errors and other problems. You accept the Danse Bloom beta app as is, without warranty of any kind, and Danse Bloom is not responsible for any problems related to your use of the beta version of the app. We may discontinue access to the beta version of the app at our sole discretion, at any time and for any reason, and delete all your data without liability to you.
You will provide Danse Bloom with feedback on the beta version of the Danse Bloom app, including your suggestions, opinions, or any other form of feedback (“Comments”). If you provide Comments to Danse Bloom, as part of the evaluation of the Danse Bloom app, you agree that: (a) Danse Bloom is free to use, disclose, reproduce, license, distribute and market the Comments in any Danse Bloom product or service; and (b) you will not provide Danse Bloom with any Comments (i) that you have reason to believe is the subject of a third party’s patent, copyright or other intellectual property claim or right.
24. Reporting and contact
The Services are operated by DANSE BLOOM PRODUCTIONS INC. located at 2200 rue Stanley, Montreal, Quebec, H3A 1R6 Canada.
Should you become aware of misuse of the website including libellous or defamatory conduct, you must report it to Danse Bloom at the following email address: info@dansebloom.com
All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the following email address: info@dansebloom.com