TERMS OF USE

Terms and conditions

Welcome to the WorldBalletClass located at www.worldballetclass.com (“website”).
Please read these Terms of Use (“terms”), including the Privacy Policy referenced in these terms, carefully before visiting our website. This document sets out the terms for use of the WorldBalletClass website, its products and services (“services”).
These terms, together with our privacy policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
It governs both our Course & Content Creators (“creators”, “educators”) and our end users (“students”). When we refer to “You” or “User”, we mean both our educators and students or just our educators or our students.
Your use of this website confirms your unconditional agreement to be bound by these terms and is subject to your continued compliance with these terms. If you do not agree to these terms, you may not visit, use, or access the website or website services as a website visitor, user or otherwise.

Registration and accounts

1. Your registration
1.1 You must be at least 18 years of age to use our website; by using our website or agreeing to these terms, you warrant and represent to us that you are at least 18 years of age.
1.2 You must provide your full legal name, a valid email address, and any other information needed in order to complete the signup process.
1.3 You can register for an educator account (“educator account”) to post your content on our website or for a student account (“student account”) to have an access to this content subject to payment of the relevant fee.
1.4 To register for an account (“account”) to join the website, you must complete and submit the account registration form on our website, then click on the verification link in the email that we will send you.
1.5 You must not allow any other person to use your account to access the website. You must not use any other person’s account to access the website.
1.6 You must notify us in writing immediately if you become aware of any unauthorized use of your account.
1.7 When you register for an educator account and from time to time thereafter, your account will be subject to verification, including, your identity, your location and other information you provided on your account.
1.8 We reserve the right to decline a registration to join our website or to add an account of any type (i.e., as a student or educator), for any lawful reason, including supply and demand, cost to maintain data, false identity or other business considerations.

2. Your login details
2.1 If you register for an account with our website, you will be asked to choose a username and password (“login details”).
2.2 Your username must not be liable to mislead and must comply with the content rules set out in our terms of use; you must not use your account or username for or in connection with the impersonation of any person.
2.3 We reserve the right to remove or reclaim your username if we believe in our sole discretion that is necessary or appropriate (such as if a trademark owner complains about a username).
2.4 You must keep your login details confidential. You are responsible for any activity on our website arising out of any failure to keep your login details confidential, and may be held liable for any losses arising out of such a failure.
2.5 You must notify us in writing immediately if you become aware of any disclosure of your password.

3. Personal information on your account
3.1 You agree to provide true, accurate, and complete information on your account and all registration and other forms you access on the website or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness.
3.2 When you register for an educator account you agree not to provide any false or misleading information about your identity or location, your career, your educational background, your skills and to correct any such information that is or becomes false or misleading.
3.3 You will not create
(a) an account for anyone other than yourself without their or our permission;
(b) more than one personal profile.
3.4 You consent your account to be shown to other users and to be shown to the public.
3.5 You accept responsibility for all activities that occur under your account, email, password, or username, and agree you will not sell, transfer or assign your access or any access rights or otherwise permit any other person to use your account information.

4. Cancellation and suspension of account
4.1 At any time in our sole discretion with or without notice to you we may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details.
4.2 We will usually cancel an account if it remains unused for a continuous period of 36 months.
4.3 You may cancel your account on our website using your account control panel on the website.

Copyrights and licenses

5. Copyright notice
5.1 Copyright (c) 01/01/2020 ABH TEAM OU.
5.2 Subject to the express provisions of these terms:
(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and
(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.
5.3 Our name, our website logo, and all related names, logos, product and service names, designs and slogans, are trademarks of the website or its affiliates or licensors. You may not use such marks without our prior written permission.
5.4 All other names, logos, product and service names, designs and slogans on the website are the trademarks of their respective owners.

6. Our licenses to you
6.1 You may:
(a) view pages from our website in a web browser;
(b) download pages from our website for caching in a web browser;
(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive; and
(d) stream audio and video files from our website using the media player on our website, subject to the other provisions of these terms.
6.2 Except as expressly permitted by Section 1.1 or the other provisions of these terms, you must not download any material from our website or save any such material to your computer.
6.3 You may only use our website for your own personal and business purposes; you must not use our website for any other purposes.
6.4 Except as expressly permitted by these terms, you must not edit or otherwise modify any material on our website.
6.5 Unless you own or control the relevant rights in the material, you must not:
(a) republish material from our website (including republication on another website);
(b) sell, rent or sub-license material from our website;
(c) show any material from our website in public;
(d) exploit material from our website for a commercial purpose; or
(e) redistribute material from our website.
6.6 Notwithstanding Section 1.5, you may redistribute our newsletter in print and electronic form to any person.
6.7 We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

7. Your licenses to us
7.1 You must not:
(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;
(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) hack or otherwise tamper with our website;
(d) probe, scan or test the vulnerability of our website without our permission;
(e) circumvent any authentication or security systems or processes on or relating to our website;
(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);
(h) decrypt or decipher any communications sent by or to our website without our permission;
(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;
(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;
(k) use our website except by means of our public interfaces;
(l) violate the directives set out in the robots.txt file for our website;
(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or
(n) do anything that interferes with the normal use of our website.
7.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

Intellectual property rights and your content

8. Our rights to content you post
8.1 In these terms, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.
8.2 By submitting or posting content on or through the website, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute your content in any and all media or distribution methods (existing now or later developed).
8.3 You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.
8.4 You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.
8.5 You represent and warrant that you have all the rights, power, and authority necessary to authorize us to use any content that you submit to the public, to us or submit in order to sell (see Terms of Sale for details). If a third party is involved in creation of the content you submit, you guarantee that you are authorized by the concerned third party to publish your content.
8.6 All of your content is your sole responsibility. This means that you, and not us, are entirely responsible for all content that you upload, post, e-mail, transmit or otherwise make available via the website.
8.6 You agree to all such uses of your content with no compensation paid to you.
8.7 You may edit your content to the extent permitted using the editing functionality made available on our website.
8.8 Without prejudice to our other rights under these terms, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms in any way, we may delete, unpublish or edit any or all of your content.

9. Rules about your content
9.1 You warrant and represent that your content will comply with these terms.
9.2 Your content must not be illegal or unlawful, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
9.3 Your content, and the use of your content by us in accordance with these terms, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
(g) be in contempt of any court or in breach of any court order;(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence in an explicit, graphic or gratuitous manner;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.

Terms of Sale

10. General rules about purchasing courses
10.1 These Terms of Sale section applies to all products, including but not limited to courses, articles, graphics, images, audio material, video material, audio-visual material, scripts, software and files (“product”) you purchase through our website.
10.2 Our products are provided for a price on a one-time basis.
10.3 You agree to pay a total price of the course, including any taxes and other fees that may accrue in relation to your purchasing for a product.
10.4 The fees for the product shall be as set out on the website at the time you placed an order for them.
10.5 Product price will be payable in advance.
10.6 When you make a purchase, you agree not to use an invalid or unauthorized payment method.
10.7 If your payment method fails we reserve the right to disable access to any product for which we have not received adequate payments.
10.8 When you are buying our product you’re doing so on the following terms:
(a) you promise to us and author that you have chosen appropriately;
(b) you cannot cancel a completed purchase of a product;
(c) the creator retains ownership of the product.
10.9 We are not responsible for setting the pricing on the products. Prices for the product are set by the educator.

11. Payment processing methods
11.1 By purchasing a product you will be redirected to a payment processing provider (“processor”).
11.2 The third party processors are PayPal and Stripe.
11.2 By accepting these terms of sales you are agreeing to own an account with the processor for payment processing.
11.3 You are accepting and agreeing to be bound by the Processor Terms, which is the legal agreement between you and the processor.

12. Special payment terms applicable to educators
12.1 To receive payments in a timely manner, you must own a PayPal or Stripe account in good standing and must keep us informed of the correct email associated with your account.
12.2 You understand and agree that you are ultimately responsible for any taxes on your income.
12.3 We reserve the right to permanently delete or remove your content in the event of identified fraud, violations of intellectual property rights or other violations of the law.
12.4 When creating a course, you will be prompted to select a base price.

13. Refunds and withdraws
13.1 All sales and rentals are final and payments referred to herein shall be irrevocable, non-refundable, and non-creditable.
13.2 However, the European “Consumer Rights Directive” grants you the “right of withdrawal” allows you to withdraw your contractual statement within 14 days after the purchase without any obligation to give any reason.
13.3 Exception to the right of cancellation: You cannot cancel your order for the supply of our digital content if the contractual performance has begun – i.e. the download, lesson’s appointments, stream or use has started upon your request and acknowledgement that you thereby lose your cancellation right.

13. 4 Refunds for individual lessons are made only if the client notifies by email no later than 48 hours before the start of the scheduled lesson.
13.5 Educators will not receive any revenue from transactions for which a refund has been granted under these terms.

13.6 The ordered appointment service (individual/group lesson) is considered completed In the event that the client has not connected to appointed individual or group ZOOM meeting.

Disclaim of warranties and limitation of liability

14. No promises
14.1 Your use of our website, its content and any services or products obtained through the website provided on an “as is” and “as available” basis, is at your own risk.
14.2 Neither the company nor any person associated with us warrants, promises or represents:
(a) That the website, its content, services or products will be accurate, reliable, error-free or uninterrupted;
(b) That defects or errors will be corrected;
(c) That the website or the server are free of viruses or other harmful components;
(d That the website, its content, services or products will otherwise meet your needs or expectations.
14.3 We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.
14.4 To the maximum extent permitted by applicable law and subject to Section 15.1, we exclude all representations and warranties relating to the subject matter of these terms, our website and the use of our website.

15. Limitations and exclusions of liability
15.1 To the fullest extent permitted by law, in no event shall we be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to
(a) damages for personal injury;
(b) death;
(c) pain and suffering;
(d) emotional distress, and/or any other damages or other intangible losses.
You represent that you have independently investigated the advisability of using the service and the possible risks involved in using the service. The use of information provided through the service is solely at your risk.

15.2 The limitations and exclusions of liability set out in this Section 15 and elsewhere in these terms:
(a) are subject to Section 15.1; and
(b) govern all liabilities arising under these terms or relating to the subject matter of these terms, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms.
15.3 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
15.4 We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
15.5 We will not be liable to you in respect of any loss or corruption of any data, database or software.
15.6 We will not be liable to you in respect of any special, indirect or consequential loss or damage.
15.7 You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
15.8 Under no circumstances will we be liable in any way for any of your content including, without limitation, any errors or omissions in your content, or for any loss or damage of any kind incurred as a result of content you submit.

16. Breaches of these terms and conditions
16.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms in any way, or if we reasonably suspect that you have breached these terms in any way, we may:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to our website;
(c) permanently prohibit you from accessing our website;
(d) block computers using your IP address from accessing our website;
(e) contact any or all of your internet service providers and request that they block your access to our website;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on our website.
16.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).

General

17. Revision of terms
17.1 We reserve the right, in our sole discretion, to change these terms at any time without noticing you.
17.2 Any changes are effective immediately upon posting to the website.
17.3 Your continued use of the website following the posting of changes or modifications will confirm your acceptance of such changes or modifications.
17.4 Since you are bound by any such revisions posted on the website at the time of any visit, you accept therefore to periodically visit this page to review the current terms to which you are bound.

18. Assignment
18.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms.
18.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms.

19. Severability
19.1 If a provision of these terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
19.2 If any unlawful and/or unenforceable provision of these terms would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

20. Law and jurisdiction
20.1 These terms shall be governed by and construed in accordance with European and Estonian laws.
20.2 Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of Estonia.

21. Our details
21.1 This website is owned and operated by ABH TEAM OU.
21.2 We are registered in Estonia Commercial Register under registration number 14162982, and our registered office and place of business is at:
Narva mnt 5a, Kesklinna district,
Tallinn city, Harju county,
10117 Estonia.

21.3 You can find the online version of the register at https://www.inforegister.ee/
21.4 You can contact us:
(a) by post, to the postal address given above;
(b) using our website contact form;
(c) by telephone, on the contact number published on our website; or
(d) by email, using the email address published on our website.

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