Please read these E-Store Terms and License Terms carefully before ordering a License to use the Licensed Materials from the READY SET DANCE website. By ordering the License from the READY SET DANCE website you agree to be bound by these E-Store Terms and License Terms. If you do not agree with any of these E-Store Terms and License Terms, do not use the READY SET DANCE website or Online Content.
- READY SET DANCE
Your contracting partner is Boom Gate Enterprises Pty Limited, its related entities including READY SET DANCE (also called the Licensor).
- ONLINE CONTENT
All of the content featured or displayed on the Website, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, video, sound, music, illustrations and software, (Online Content) is owned by READY SET DANCE or its affiliated companies, READY SET DANCE licensors and/or its content providers. The Online Content including, but not limited to, the general design is protected by copyright, moral rights, trade marks and other intellectual property rights. Except as explicitly permitted by applicable copyright laws or under these E-Store and License Terms or another agreement between you and READY SET DANCE, no portion or element of the website or its Online Content may be copied or reproduced in any form or retransmitted via any means. The website, its Online Content and all related rights shall remain the exclusive property of READY SET DANCE, or its affiliated companies or READY SET DANCE licensors unless otherwise expressly agreed. All such rights are reserved.
- INTELLECTUAL PROPERTY RIGHTS
The copyright in all Online Content is and remains owned by READY SET DANCE or its affiliated companies or READY SET DANCE licensors as appropriate. Except as may be otherwise indicated on the website and under the License Terms set out below, you are authorised to view, play, perform and stream the Online Content found on the website for personal, informational, educational, and non-commercial purposes only. Otherwise, except as permitted by the terms of the License, you may not otherwise modify any Online Content, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Online Content, and you may not reuse any Online Content without first obtaining the consent of READY SET DANCE. For purposes of the E-Terms and License Terms, the use of any Online Content on any other website or networked computer environment is prohibited. You will not remove any copyright, trade mark or other proprietary notices from the Online Content found on the website.
In the event you download the music from the Website as part of the Online Content, the music, including any files, images incorporated in or generated, and data accompanying the music (collectively, the Music) are licensed to you by READY SET DANCE. READY SET DANCE does not transfer title to the Music to you. Except as permitted by applicable copyright laws, or the terms of this License you may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Music to a human-readable form.
All trade marks, service marks, logos and trade names which appear on the Online Content of READY SET DANCE, and/or on the website, whether registered or not (including but not limited to: the word mark “READY SET DANCE”, “READY SET BALLET”, TWIRL, FREEZE, and TWIRL and FREEZE characters (the Trade Marks) remain the exclusive property of READY SET DANCE, or its affiliated companies or READY SET DANCE licensors (as appropriate) and are protected by applicable trade mark laws and treaties. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trade Marks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without READY SET DANCE prior written consent. The use of any of the Trade Marks on any other website or network computer environment, for example the storage or reproduction of (a part of) the Website in any external internet site or the creation of links, hypertext, links or deeplinks between the Website and any other internet site, is prohibited without the express written consent of READY SET DANCE.
4.1 For abundant clarity, You are purchasing a Limited License to use the Online Content and READY SET DANCE instructional dance materials (also called Licensed Materials). License Terms are set out below.
4.2 Nothing in the purchasing of the License will entitle you to own any of the Intellectual Property in the Online Content.
4.3 We recommend you carefully preview any proposed License before proceeding with your Order.
4.4 Representations of products for sale made by READY SET DANCE via the website do not constitute an offer to sell but an invitation to treat being in the form of an invitation to purchase a limited license to the Online Content.
4.5 You and READY SET DANCE may enter into a limited License to use the Online Content by you making an offer via the website to purchase a License at the price advertised on the website and on the terms set out below (the License Terms) by:
i. Placing an electronic Order for License to the Online Context using the Website;
ii. You confirming the Order details in accordance with the procedure on the Website;
iii. You making payment in full (plus any applicable delivery charges) on the website; and
iv. The acceptance of that offer by READY SET DANCE.
4.6 Once you have placed your Order, you cannot cancel or revoke your Order, unless expressly provided for in these Terms.
4.7 When entering into a License Agreement via the website, you will be taken to have communicated your offer to purchase the License only when:
4.7.1 Any requirements set out in these Terms have been met (including the provision of business details);
4.7.2 The electronic instruction containing the offer from you enters and is recorded in our database;
4.7.3 A record of the License is created and stored in our database; and
4.7.4 READY SET DANCE receives full payment from you for the License (including any applicable delivery and handling charges) and confirmation of that payment is received by our database.
5 You acknowledge that:
5.1.1 To the extent permitted by law, READY SET DANCE is not liable to you in any way for any loss or damage at all and however caused, arising directly or indirectly in connection with the transmission of an electronic instruction, provision of any License, product or service supplied through the website, or any failure to receive an electronic instruction for whatever reason;
5.1.2 READY SET DANCE may act on and process all completed electronic instructions transmitted or issued through the website without further consent from or reference to you; and
5.1.3 READY SET DANCE may treat an electronic instruction as authentic and is under no obligation to investigate the authenticity or authority of persons issuing or transmitting such electronic instructions, or to verify the accuracy and completeness of such electronic instructions.
5.1.4 You will receive an email from READY SET DANCE as soon as practicable after you have confirmed your Order and made payment. If you have any questions regarding your Order you may contact the Customer Service Team.
5.2 If your Order is not accepted by READY SET DANCE, READY SET DANCE will notify you by telephone or email and arrange for a full refund of any payment made by you to be processed.
5.3 READY SET DANCE may, in its sole and absolute discretion, accept or reject any offer made by you for any reason (or no reason), including an error in the advertised price for, or description of, the products on the website, or an error in your Order.
5.4 Any representations made about product or program availabilities are accurate but are subject to change. If READY SET DANCE cannot supply a particular product, READY SET DANCE will notify you by telephone or email as soon as possible.
5.5 READY SET DANCE will be deemed to have accepted your Order when your Order is delivered to your specified delivery address or on collection of your Order from a READY SET DANCE website.
6.1 Prices shown are in USD dollars. Prices are subject to change.
6.2 We reserve the right to correct any errors published on the website.
7.1 All payments must be made in full prior to delivery.
7.2 Payments must be made via the Stripe secure payment gateway facility accessible via the website and will be subject to any terms and conditions of these providers.
7.3 No payment for or purchase of an Order by you can be cancelled and payments are non-refundable, unless we agree (in our discretion) to make a refund to you.
8 CREDIT CARD FRAUD
8.1 The website employs a hosted payment field for handling all payment card data, so the cardholder enters all sensitive payment information in a payment field that originates directly from Stripe’s secure payment gateway.
8.2 To the extent permitted by law, READY SET DANCE will not be responsible for any damages or consequential losses (whether direct or indirect) suffered by a user where a credit card account is fraudulently used or is used in an unauthorised manner.
8.3 READY SET DANCE has engaged a globally accredited payment gateway service provider (Stripe) to secure all aspects involving customer payment via credit cards.
8.4 All customer credit card information is securely submitted and processed entirely on specialised Stripe systems; READY SET DANCE staff cannot access, view, process or store sensitive cardholder data (such as credit card numbers, PIN codes or CCV codes). Credit card details are encrypted by the customer’s browser before they are sent to Stripe systems, and are never exposed in clear-text.
8.5 Stripe has been audited by an independent PCI Qualified Security Assessor (QSA) and is certified as a PCI Level 1 Service Provider. This is the most stringent level of certification available in the payments industry.
For more information on Stripe its certification, please visit the Stripe website.
- In this agreement the following definitions apply:
Business days means a day that is not a Saturday, a Sunday, nor a public holiday in the principal place of business of a party.
Intellectual Property Rights means any and all intellectual and commercial property rights throughout the world including, without limitation, copyright, Trade Marks, designs, patents, confidential information, know-how and trade secrets, music, choreography, video content, instructional dance modules, illustrations, whether or not now existing and whether or not registered or registrable and includes applications for and any right to apply for registration of such rights and includes all renewals and extensions.
Licensee means the business, company, dance studio, or other educational facility purchasing the Order.
Licensed Materials means the Online Content as it relates to “READY SET DANCE” or “READY SET BALLET” dance instructional materials provided or streamed by way of video, MP3 file or other electronic file to the Licensee.
Online Content means all of the content featured or displayed on the website, including, but not limited to, logos, icons, trade marks, text, graphics, photographs, images, moving images, video, sound, music, illustrations and software.
Permitted Purpose means use of the Licensed Materials to teach Licensee’s students the choreography and dance skills supported by the Licensed Materials at the Licensee’s educational address specified when registered as an international user or Order form or recital address, and no other premises.
Syllabus Materials means any manuals, instructional materials, PDF documents, and other training materials provided as part of the Licensed Materials for use by Licensee and/or teachers employed or engaged by Licensee.
Trade Marks means “READY SET DANCE”, READY SET BALLET”, TWIRL” and “FREEZE” and the Twirl and Freeze Characters and any other trade marks, registered or otherwise, used by Licensor, READY SET DANCE, on or in association with the Licensed Materials.
- The following rules of interpretation apply unless the context requires otherwise.
- Headings are for convenience only and do not affect interpretation;
- The singular includes the plural and conversely;
- A reference to a person includes a body corporate, an unincorporated body or other entity;
- A reference to a party includes the party’s successors and permitted assigns;
- A reference to a document includes all amendments or supplements to that document.
- Grant of Licence
- Licensor grants to Licensee a non-exclusive non-transferable licence of the Intellectual Property Rights in the Licensed Materials for the Permitted Purpose only.
- Provision of Licensed Materials
Licensor will provide one copy of the Licensed Materials to the Licensee in digital format either by means of a streamed video, pdf, giff, email, or other electronic means or in such other format as the parties agree.
- Reproduction of Licensed Materials
- Subject to 4.2 below, the Licensee is not authorised to make any copies of the Licensed Materials. The Licensee must ensure that teachers do not make any soft copies of the Licensed Materials for use outside the Licensee’s educational facility (dance studio). The Licensee must inform all staff of this restriction on reproduction of electronic files or videos.
- The Licensee is permitted to download the music (provided as part of the Licensed Materials) for the Permitted Purpose only.
- The Licensee must ensure that no soft copies, copies of electronic files or folders are taken when teachers stop teaching at Licensee’s educational facility or dance studio.
- Obligations and Restrictions on Licensee
- Licensee must not:
- Assign or sub-licence any of its rights under this agreement or permit third parties to use the Licensed Materials except in accordance with the terms of this agreement;
- Permit a third party to modify the Licensed Materials;
- Provide the Licensed Materials either directly or indirectly to any third party other than in accordance with the terms of this agreement;
- Use the Licensed Materials other than for the Permitted Use, display, copy, modify, enhance or adapt the Licensed Materials; or
- Exploit the Licensed Materials otherwise than as permitted under this agreement.
- Licensee must not infringe the moral rights of the creator of the Licensed Materials.
- Intellectual Property Rights
Licensee agrees and acknowledges that Licensor is the sole legal and beneficial owner of the Intellectual Property Rights in the Licensed Materials and Licensee has no rights to the Licensed Materials except as set out in this agreement.
Licensee indemnifies and keeps indemnified Licensor against all actions, claims, losses, liabilities, costs or expenses (including reasonable legal costs or expenses) which may be brought against or suffered or incurred by any of them, arising directly or indirectly out of or in relation to a breach of this agreement by Licensee.
- Limitation of liability
- Subject to any terms, warranties or conditions that by law may not be excluded, all representations conditions, warranties, terms and obligations implied by law or otherwise relating to the Licensed Materials or the supply of Licensed Materials under this agreement are excluded.
- To the maximum extent permitted by law, Licensor will not be liable for physical or financial injury, loss or damage, or for consequential loss or damage of any kind arising out of the supply or use of Licensed Materials or negligence or in any way whatsoever, except where the injury, loss or damage directly results from a fault or defect in the Licensed Materials.
- Confidential information
Each party undertakes that it will not disclose any part of any confidential information provided to the other party or obtained from the other party to any third person.
- A notice given under this agreement must be in writing and sent to the recipient at the address specified at the beginning of this agreement. A notice is deemed to be received:
(a) If by Email transmission, on receipt by the sender of an acknowledgement or transmission report generated by the machine from which the email was sent;
but if the delivery or receipt is on a day which is not a Business Day or is after 4:00pm (addressee’s time) it is deemed to be received at 9:00am on the following Business Day.
- This agreement can only be amended, supplemented or waived in writing signed, by both parties.
- This agreement contains the entire agreement between the parties and supersedes all earlier conduct by and agreements between the parties with respect to its subject matter.
- If any clause or part of a clause is illegal, unenforceable or invalid, that clause or part is to be treated as removed from this agreement, but the rest of this agreement is not affected.
These E-Store Terms and Licensed Terms are governed by the laws of NSW, Australia, and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.