Terms

Effective date – March 5, 2023

1. Modifications

We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement. We will post or display notices of material changes on the Site and/or e-mail you or notify you upon login about these changes; the form of such notice is at our discretion. Once we post them on the Site, these changes become effective immediately and if you use the Site after they become effective it will signify your agreement to be bound by the changes. You should check back frequently and review the terms and conditions of this Agreement, including, but not limited to, the Site’s Additional Terms, Terms and Conditions of Sale and Privacy Policy, regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us. If you disagree with our changes, then you should stop using our Services within the designated notice period, or once the changes become effective. Your continued use of our Services will be subject to the new terms.

2. Ownership Of Intellectual Property:

The contents of this Site, including all Site software, design, text, images, photographs, illustrations, audio and video material, artwork, graphic material, databases, proprietary information and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and ‘look and feel’ and arrangement of items, and all trademarks, service marks and trade names (individually and/or collectively, “Material“), are the property of Global Smooth System, LLC, and its Affiliates, and any of their successors and assigns, and any of their respective licensors,  suppliers, and operational service providers, and are legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations and treaties. Unless the context clearly requires otherwise or we explicitly say so in writing, the term “Site” includes “Material” as well. The Site is to be used solely for your noncommercial, non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Material you download, transmit, display, print or reproduce from the Site. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of Global Smooth System, LLC or its appropriate owner. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state and local laws. We require users to respect our copyrights, trademarks, and other intellectual property rights. We likewise respect the intellectual property of others. On notice, we will act expeditiously to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to repeatedly to infringe the intellectual property rights of others.

We take protection of copyrights, both our own and others, very seriously. We therefore employ multiple measures to prevent copyright infringement over this Site and to promptly end any infringement that might occur. If you believe that the Site contains elements that infringe your copyrights in your work, please notify us immediately.

3. Rules Of Conduct:

Your use of the Site is subject to all applicable local, state, national laws and regulations and, in some cases, international treaties. You are solely responsible for all activities, acts and omissions that occur in, from, through or under your username or password, if needed. You shall not use, allow, or enable others to use the Site, or knowingly condone use of this Site by others, in any manner that is, attempts to, or is likely to:

• be libelous, defamatory, indecent, vulgar or obscene, pornographic, sexually explicit or sexually suggestive, racially, culturally, or ethnically offensive, harmful, harassing, intimidating, threatening, hateful, objectionable, discriminatory, or abusive, or which may or may appear to impersonate anyone else;
• affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress or discomfort to us or anyone else, or discourage any person, firm or enterprise from using all or any portion, features or functions of the Site, or from advertising, linking or becoming a supplier to us in connection with the Site;
• send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
• be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages;
• transmit, distribute or upload programs or material that contain malicious code, such as viruses, timebombs, cancelbots, worms, trojan horses, spyware, or other potentially harmful programs or other material or information;
• forge any TCP/IP packet header or part of the header information in any email or newsgroup posting for any reason;
• violate any laws, regulations (including, without limitation, laws regarding the transmission of technical data or software exported from the United States), judicial or governmental order or any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy or any other rights of ours or of any other person, firm or enterprise; gain unauthorized access to the Site, other users’ accounts, names, passwords, personally identifiable information or other computers, websites or pages, connected or linked to the Site or use the Site in any manner which violates or is inconsistent with the terms and conditions of this Agreement;
• modify, disrupt, impair, alter or interfere with the use, features, functions, operation or maintenance of the Site or the rights of use and enjoyment of the Site by any other person, firm or enterprise; or collect, obtain, compile, gather, transmit, reproduce, delete, revise, view or display any material or information, whether personally identifiable or not, posted by or concerning any other person, firm or enterprise, in connection with their or your use of the Site, unless you have obtained the express, prior permission of such other person, firm or enterprise to do so.

4. Account:

• Where use of any part of our Services requires an account, you agree to provide us with complete and accurate information when you register for an account.
• You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
• You are responsible for maintaining the security of your account that you use to access the Service. You shall not share or misuse your access credentials. You must notify us immediately of any unauthorized uses of your account or upon becoming aware of any other breach of security.

5. Termination:

• We may terminate or suspend your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
• If you wish to terminate the subscription Agreement you may simply click the cancel subscription link in the subscriptions section of your profile and discontinue using our Services.
• All provisions of the Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Viral Features:

There may be portions of our Site, content, functionality, or features (e.g., digital streaming media player(s)) (“Viral Features“) that we make available to users for your personal use. While we can obviously change how, to whom and to what extent we make these Viral Features available at any time without any notice and in our sole discretion, so long as they are available to you, whenever you visit our Site or take advantage of any of these Viral Features (whether you use these Viral Features on your own personal or customized web pages, whether they are displayed or appear embedded or housed within a web page or website of anyone else, whether a commercial website or web page, an advertisement, promotional message or even a personalized or customized web page of a friend or through any Device that can access any of these Viral Features) you agree not to download any content made available as part of the Viral Features and acknowledge that such content is available only for streaming viewing and, further, that you are bound by the applicable provisions of this Agreement the Site’s Additional Terms, Terms and Conditions of Sale and Privacy Policy.

7. Hyperlinks To Third Party Sites:

The appearance, availability, or your use of URLs or hyperlinks referenced or included anywhere on the Site or any other form of link or re-direction of your connection to, with or through the Site, does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on the part of the Site, Global Smooth System, LLC or its Affiliates, any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers. We do not verify, endorse, or have any responsibility for any such third-party sites, their business practices (including their privacy policies), or any goods or services associated with or obtained in connection with any such site, whether the Site’s, Global Smooth System, LLC or its Affiliates’ logo or sponsorship identification is on the third party site as part of a co-branding or promotional arrangement. If any third-party site obtains or collects Personal Information from you, in no event shall we assume or have any responsibility or liability. Please read our Privacy Policy, which describes how the Site collects and uses your Personal Information and other information, and the nature of certain of our relationships.

8. Site Disclaimer And Limitations Of Liability:

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THIS SITE, GLOBAL SMOOTH SYSTEM, LLC AND ANY OF ITS AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.

Notwithstanding any claim that a sole or exclusive remedy which is provided in this Agreement may or does fail of its essential purpose, you specifically acknowledge and agree that your sole and exclusive remedy for any loss or damage shall be to have Global Smooth System, LLC, upon written notice from you to us, attempt to repair, correct or replace any deficient goods or services under this Agreement and, if repair, correction or replacement is not reasonably commercially practicable for Global Smooth System, LLC to refund any monies actually paid by you for the Products involved and to terminate and discontinue your use of the Site. You further understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited. Consequently some messages and transmissions may not be processed in a timely fashion or at all, and some features or functions may be restricted or delayed or become completely inoperable. As a result, you acknowledge and agree that Global Smooth System, LLC assumes no liability, responsibility or obligation to transmit, process, store, receive or deliver transactions and you are hereby expressly advised not to rely upon the timeliness or performance of the Site for any transactions or Postings. Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies, accordingly some of the exclusions and limitations described in this Agreement may not apply to you.

9. Ads and Malware:

We take great care and pride in creating this Site. We are always on the lookout for technical glitches that effect how the Site works. Unfortunately, your home computer may cause some glitches that effect how you see our Site — and that is beyond our control.  If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer. Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others. Sometimes Malware programs on your personal computer may interfere with your experience on our Site and on other sites that you visit.

Please note that we cannot be responsible for the effects of any third-party software including Malware on your computer system. If you do discover any Malware on your system, we also suggest you speak with a qualified computer technician. If, after taking the above actions, you are still experiencing any problems, please feel free to contact us.

10. Privacy:

We respect your privacy and the use and protection of your Personal Information. Please see our Privacy Policy for important information and disclosures relating to the collection and use of your Personal Information in connection with your use of the Site.

11. Assumption of Risk:

I ACKNOWLEDGE AND AGREE THAT I ASSUME ALL OF THE INHERENT RISKS ASSOCIATED WITH ANY AND ALL GLOBAL SMOOTH SYSTEM, LLC ACTIVITIES AND/OR DANCE PROGRAMS IN WHICH I PARTICIPATE. I, RECOGNIZE THAT THE GLOBAL SMOOTH SYSTEM, LLC MOVES MIGHT BE DIFFICULT TO PERFORM AND THAT IT COULD BE DANGEROUS TO ATTEMPT THEM AND THERE ARE RISKS, KNOWN OR UNKNOWN, IDENTIFIED OR UNIDENTIFIED, WHICH MAY RESULT IN INJURY, DEATH, OR DAMAGE TO PROPERTY. I HEREBY ASSERT THAT MY ACCESS OR USE OF THE SITE, ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THE SITE OR OFFERED OR OBTAINED FROM GLOBAL SMOOTH SYSTEM, LLC IS VOLUNTARY AND THAT I KNOWINGLY ASSUME ALL SUCH RISKS.

12. Indemnification:

I agree to indemnify, defend and hold Global Smooth System, LLC and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers harmless from ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS OR RIGHTS OF ACTION, LOSS, DAMAGES, INJURY TO PERSONS OR PROPERTY, WHICH ARE RELATED TO, ARISING OUT OF OR IN ANY WAY CONNECTED WITH MY ACCESS OR USE OF THIS SITE, ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THIS SITE OR OFFERED OR OBTAINED FROM GLOBAL SMOOTH SYSTEM, LLC.

13. Assumption of Liability:

 I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS WAIVER AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I ACKNOWLEDGE THAT BY MY ACCESS OR USE OF THIS SITE, ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THIS SITE OR OFFERED OR OBTAINED FROM GLOBAL SMOOTH SYSTEM, LLC , I AM WAIVING ANY RIGHTS I OR MY SUCCESSORS MIGHT HAVE TO BRING A LEGAL ACTION OR ASSERT A CLAIM AGAINST GLOBAL SMOOTH SYSTEM, LLC and any of its Affiliates, or any of their successors and assigns, and any of their respective officers, directors, employees, agents, representatives, licensors, Advertisers, suppliers, and operational service providers FOR ANY AND ALL CLAIMS, ACTIONS, SUITS, PROCEDURES, COSTS, EXPENSES, DAMAGES AND LIABILITIES, INCLUDING ATTORNEY’S FEES BROUGHT AS A RESULT OF MY USE OF THE SITE OR GLOBAL SMOOTH SYSTEM, LLC GOODS OR SERVICES AND TO REIMBURSE THEM FOR ANY SUCH EXPENSES INCURRED AND I AGREE TO HOLD HARMLESS AND INDEMNIFY FROM ANY AND ALL LIABILITY FOR THE DAMAGES TO ANY THIRD PARTY RESULTING FROM MY FOLLOWING THE GLOBAL SMOOTH SYSTEM, LLC PROGRAM.

I AGREE THAT THIS AGREEMENT SHALL BE EFFECTIVE AND BINDING UPON MY HEIRS, NEXT OF KIN, FAMILY, RELATIVES, GUARDIANS, CONSERVATORS, EXECUTORS, ADMINISTRATORS, TRUSTEES AND ASSIGNS IN THE EVENT OF MY INJURY, DISABILITY OR DEATH.

14. Medical Condition and Risk:

 You are advised to consult your physician before to ensure there is no physical reason you should not follow the Global Smooth System, LLC dance program.

I CERTIFY THAT I HAVE NO MEDICAL CONDITION WHICH WOULD CAUSE MY PARTICIPATION, ACCESS OR USE OF THIS SITE, ANY CONTENT, SERVICES OR PRODUCTS ON OR OFFERED OR OBTAINED BY OR THROUGH THIS SITE OR OFFERED OR OBTAINED FROM GLOBAL SMOOTH SYSTEM, LLC TO BE POTENTIALLY HAZARDOUS TO MY HEALTH OR THE HEALTH OF OTHERS.

If you are not sure you can safely execute any move or are uncertain as to whether it might potentially be beyond your physical capabilities do NOT attempt it.  You should discontinue participation in any physical activity that causes pain or discomfort and should obtain medical counseling immediately.

15. Law That Applies To This Agreement; Miscellaneous Terms:

 This Agreement, together with the Site’s Additional Terms, Terms and Conditions of Sale and Privacy Policy and any other regulations, procedures and policies which we refer to and which are hereby incorporated by reference, contains the entire understanding and agreement between you and the Site and supersedes any and all prior or inconsistent understandings relating to the Site and your use of the Site. This Agreement cannot be changed or terminated orally. If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of this Agreement; however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).

This Agreement and your use of the Site is governed by, construed and enforced in accordance with the internal substantive laws of the State of California (notwithstanding the State’s conflict of laws provisions) applicable to contracts made, executed and wholly performed in California, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the State and Federal Courts situated in the State and County of San Diego and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise. To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act. IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.  

16. Disclaimer

Our Services are provided “AS IS.” and “AS AVAILABLE” basis. Global Smooth System LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Global Smooth System LLC, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

17. Jurisdiction and Applicable Law

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of California, USA. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in California, USA.