Terms and Conditions

READ CAREFULLY. BY USING THIS SITE USER HEREBY AGREE TO BE BOUND BY THIS AGREEMENT.

Welcome to Bellydanceamerica.com (hereinafter referred to as “the Site”. The Site is owned and operated by Magick Productions Group Inc. and its affiliates (hereinafter collectively referred to as “BDA”, or “ Bellydance America”).

Explanation of Site: The Site is intended to provide information concerning various programs, products and services (hereinafter collectively referred to as “Services”).The Site is dedicated to all things relating to dance, Bellydance, and music.

The Site gives user the opportunity to obtain additional information concerning Services and allows for the purchase of Services. The Site is provided “as-is” with no guaranteed
or implied warranties. Specifically, the Site does not guarantee against service outages, interruptions, unavailability of particular features or services or the inability to access all or part of the Site.

IMPORTANT NOTICES

Important Note: The Services or part thereof, are in no way a substitute for professional advice. Prior to participating in any Dance program, exercise program or other activity, user should seek the advice of a physician or other qualified health professional. User agrees that application or reliance on any of the content, techniques, ideas and suggestions accessed through the Site and the Services is at user’s sole discretion and risk.

Important Note: User should seek the advice of a professional before beginning any Services relating to dance movement or exercised offered on this Site. If user is pregnant, nursing, a minor or has any type of health condition user is specifically advised to seek professional medical advice from a physician prior to initiating any form of exercise.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THIS SITE USER HEREBY AGREE TO BE BOUND BY THIS AGREEMENT.

GENERAL CONSIDERATIONS

This Agreement, any additional specific terms and conditions (hereinafter referred to as “Specific Terms”) contained within this Agreement, and the incorporated Privacy Statement, are entered into between user and Bellydance America. As consideration for use of the Site user agree to be bound by the terms of this Agreement.

1.01 Modifications At any time, and without prior notice, Bellydance America, retains the right to modify the:

  • a. Agreement. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
  • b. Specific Terms. Modifications are made periodically and as necessitated in order to comply with all applicable laws and regulations.
  • c. Site, or any part thereof, which may be discontinued, modified or altered without prior notice and without incurring any liability.

All modifications made to the Agreement, Specific Terms or the Site are effective immediately. Notice of modifications may be provided by any means, including but not limited to the posting of a revised Agreement on the Site. User is responsible for regularly reviewing this Agreement and any Specific Terms for any changes that may affect user rights or obligations.
Any use of the Site and Services after the effective date of any modifications constitutes full agreement to the modifications. Each time user accesses the Site, user will be deemed to have accepted any modifications. All modifications are made exclusively by Bellydance America and are not valid unless expressly agreed to by Bellydance America.

1.02 Privacy. By using this Site user thereby consents to the Privacy Policy. In addition, except as otherwise expressly provided in this Agreement or in the Privacy Policy, any communication or material user transmits to the Site by electronic mail or otherwise, including any questions, comments, suggestions, or the like, is and will be treated as non-confidential and non-proprietary information and may be used by Bellydance America. or their affiliates or related entities for any purpose, including but not limited to reproductions, disclosure, transmission, publication, broadcast, and postings. Furthermore, Bellydance America and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained from any communication user sends to the Site for any purpose whatsoever, including, but not limited to: developing, manufacturing, and marketing products or services.

1.03 Links. The Site may, through Bellydance America or third parties, provide links or access to other web sites or resources. User acknowledges and agrees that Bellydance America is not responsible for the availability of any additional web sites or resources. Furthermore, links to other websites operated by third parties, including Bellydance America suppliers, vendors and licensors, do not constitute sponsorship, endorsement or approval by Bellydance America of the content, policies and practices. User further acknowledges and agrees that under no circumstances will Bellydance America be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, policies or practices made available on or through any such website or resource. Links to other websites are provided for user’s convenience only and user accesses them at his/her own risk. Bellydance America does not endorse or warranty the content of informational products offered, which may be only the opinion of the author and not supported by scientific research.

1.04 Terms and Conditions of a Purchase. Upon user purchase of Services user will be provided with Terms and Conditions related specifically to user purchase. This Agreement does not override those Terms and Conditions unless specifically stated herein.

1.05 Proprietary Information Site contains proprietary information, such as: software, photos, video, text, graphics, logos, comments, feedback, ideas, templates, instructions, notes, drawings, articles and other materials, as well as the selection, assembly and arrangement thereof (“Content”). Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Bellydance America or by third parties that have licensed their use to Bellydance America. The Content may contain errors, omissions, or typographical errors or may be out of date. In addition, Bellydance America may change, delete or update Content at any time without prior notice. The Content is provided for informational purposes only and is not binding on Bellydance America in any way except to the extent it is specifically indicated to be so. User may view and use the Content for user’s personal, non commercial use and for no other purpose and shall retain intact all copyright and other proprietary notices. When Content is downloaded to user’s computer user does not obtain any ownership interest in such Content.
Except as provided above, Bellydance America does not grant use or any person any right to use, reproduce, copy, modify, transmit, display, publish, sell, license, create derivative works, publicly perform, assign to third parties or distribute by any means, method, or process whatsoever, now known or hereafter developed, any of the Content on or transmitted through the Site, including without limitation by transferring, downloading or otherwise copying any Content onto any disk drive or other storage medium. Any use of the Content, except as specifically permitted in this Agreement or as otherwise expressly permitted in the Content or in writing signed by Bellydance America is strictly prohibited.

1.06 Trademarks. Bellydance America is a federally registered trademark of Jehan Arts Inc. Logos and trademarks that appear throughout the Site belong to Jehan Arts Inc, its affiliates or third party trademark owners and are protected by U.S. and international trademark laws. Without express prior written permission, user agrees not to display or use these marks in any manner. Nothing on the Site shall be construed as conferring any license or other rights under the intellectual property or proprietary rights for Bellydance America, its affiliates or any third party, whether by estoppel, implication or otherwise. All rights are reserved.

1.07 Minors: MINORS UNDER THE AGE OF EIGHTEEN (18) YEARS OLD ARE NOT PERMITTED TO USE THIS SITE WITHOUT THE PERMISSION OF A PARENT OR GUARDIAN. Some of the content on this Site may not be appropriate for minors. By using the Site or purchasing any of the Service offered herein, user agrees and warrants to being eighteen (18) years old or older or to having parental consent.

USER OBLIGATIONS

2.01 Password. User is responsible for maintaining the confidentiality and security of any password(s) given for access to the Site and Services. User is also responsible for all activity that occurs under his/her password. User is obligated to immediately notify Solution of any unauthorized use of user’s password.

2.02 Updated User Information. User must provide Bellydance America with true, accurate, current and complete information as prompted by the Site, including without limitation: registration forms. It is user’s responsibility to keep all information up to date.

2.03 User Compliance User must continue fully comply with all provisions of this Agreement and any Specific Terms.

BELLYDANCEAMERICA OBLIGATIONS

3.01 Right of Access Bellydance America grants user a nonexclusive, nontransferable, limited right to access, use and display the Site. Bellydance America retains the right to revoke this right at any time.

TERMINATION

4.01 Immediate Termination. Bellydance America has the right, at any time, to immediately terminate, deactivate or delete a password, user account, all related information and files and/or access to the Site and any part thereof, without any notice or any incurrence of liability. This termination may occur for a number of reasons, including but not limited to:
A failure to abide with the terms and conditions of this Agreement.
A failure to comply with all applicable laws, statutes, ordinances and regulations regarding the use of the Site and Services.
MISCELLANEOUS
5.01 Assignment. Bellydance America may assign this Agreement, or any of its rights or obligations hereunder, to any third party without prior consent. This Agreement will inure to the benefit of Bellydance America’s successors, assigns and licensees.

5.02 Third Party Rights. Nothing in this agreement is intended to create any rights in any third party.

5.03 Indemnification. User agrees to indemnify, hold harmless, and at Bellydance America, its affiliates and their respective officers, directors, agents, and employees, harmless from any liability, loss, claim and expense, including and not limited to reasonable attorneys’ fees and expenses, arising from user’s improper use of this Site or the Services, user’s violation of the terms and conditions of this Agreement or user’s infringement or use by any other user of user’s account, of any intellectual property or other right of any person or entity.

5.04 Disputes. This Agreement and user’s relationship with Bellydance America is governed by the laws of the state of New York without giving effect to its conflict of laws provisions or user’s actual state or country of residence. User hereby agrees that the courts located in Queens County, New York will constitute the sole and exclusive forum for the resolution of any and all disputes arising out of or in connection with this Agreement and user hereby consents to the personal jurisdiction and venue of such courts and irrevocably waive any objections thereto.

5.05 Notice. All notices required or permitted by this Agreement shall be in writing and may be delivered in person or may be sent by registered or certified mail or via electronic mail where user has provided an electronic mail address, and shall be deemed sufficiently given. The addresses below shall be the particular Bellydance America’s address for delivery or mailing for notice purposes:

Belly Dance America
Address: 265 West 37th Street suite #203 - New York, NY 11104

5.06 Severability. If, for any reason, a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of the Agreement will continue in full force and effect.

5.07 Headings. The headings of the various sections of this Agreement are inserted merely for the purpose of convenience and do not expressly, or by implication, limit or define or extend the specific terms of the section so designated.

5.08 Complete Agreement. This Agreement sets forth the entire and exclusive understanding and agreement between user and Bellydance America with respect to the subject matter hereof. Thereby, this Agreement supersedes and cancels all previous and contemporaneous agreements, commitments and writings with respect to the subject matter contained herein.

5.09 Waiver. The failure of wither party to insist upon or enforce the strict performance of the other party with respect to any provision of this Agreement, or to exercise any right under this Agreement, will not be considered as a waiver of the right to assert or rely upon any such provision or right in that, or any other instance.

Belly Dance America Editorial Policy
© Copyright 2011 Bellydance America/ Magick Productions Group Inc. All rights reserved.