This is our Terms and Conditions of Use Agreement (hereinafter referred to as the “Agreement”) for use of the Katie Dickens Online.com website (“Website”). This Website is not directed to persons under eighteen (18) years of age. The Website is owned by Dance Barre Australia, LLC. dba Katie Dickens Online (hereinafter referred to as “Katie Dickens Online”). This Agreement applies to all of the products, services and websites offered by Website and Katie Dickens Online, the mobile versions thereof, any Website software that you have embedded on a web site or are about to embed (“Widgets”), and any applications (“Apps”) created by Katie Dickens Online whether available through a social networking site or its subsidiaries or affiliated companies (collectively, “Service”). Please note that the availability of any Apps on a social networking site does not indicate any relationship or affiliation between Katie Dickens Online and such social networking site.
The information presented on this Website is in no way intended as medical advice or as a substitute for medical treatment. This information should only be used in conjunction with the guidance and care of your physician. Consult your physician before beginning any diet, nutrition, or fitness plan offered through the Website. Your physician should allow for proper follow-up visits and individualize your diet, nutrition, or fitness plan as appropriate. Nothing stated or presented on the Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health care provider if you have any questions regarding a medical condition, your diet, nutritional supplements, an exercise regimen, or any other matter related to your health and well-being.
If you do not agree to be bound by this Agreement, please do not use or access this Website. Katie Dickens Online reserves the right to refuse or cancel your account. We also reserve the right to cancel your membership should you violate any provision of this Agreement, or any other posted policy on the Website. The contents of this Website, including the videos, text, graphics, images, and information obtained from Katie Dickens Online’s third-party content providers, sponsors, suppliers, and licensors (collectively “Providers”), and any other materials are to be used for informational purposes only.
PARENTAL OR GUARDIAN PERMISSION
You must be 18 years or older to use this Website and by providing information about yourself to Katie Dickens Online you are representing that you are eighteen years (18) of age or older. If you are younger than eighteen (18) years of age and would like to become a registered member of or provide information about yourself to the Katie Dickens Online Website, you are required to have your parent or legal guardian contact us prior to use.
When you visit the Website or send emails to us, you are communicating with us electronically. You consent to receive communications (including legal notices) from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Finally, Katie Dickens Online may deliver communications to you by any means set forth in any other Katie Dickens Online policy or notice published on the Website.
LICENSE AND SITE ACCESS
Katie Dickens Online grants you a limited license to access and make personal use of the Website and you may not download (other than page caching) or modify it, or any portion of it, without the express written consent of Katie Dickens Online. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion thereof may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express written consent of Katie Dickens Online. You may not frame or utilize any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Katie Dickens Online without our express written consent. You may not use any metatags or any other hidden text utilizing Katie Dickens Online’s name or trademarks without the express written consent of Katie Dickens Online. Any unauthorized use terminates the permission or license granted by Katie Dickens Online. You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website so long as the link does not portray Katie Dickens Online, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Katie Dickens Online logo or other proprietary graphic or trademark as part of the link without express written permission.
YOUR MEMBERSHIP ACCOUNT
Subscriptions are billed monthly. Subscribers may cancel their subscription at any time after their original contract period has ended. Once the original contract period has ended, the subscription will renew on a month to month basis. All subscriptions are renewed automatically until cancelled. Subscriptions must be cancelled 3 days prior to the renewal date in order to end subscription charges. At times, special pre-paid subscription packages may be available for purchase. Special pre-paid subscriptions will be recurring and may renew automatically on the expiry date. Subscription must be cancelled prior to the renewal date in order to end subscription charges.
CONTACTING KATIE DICKENS ONLINE
You may contact us online, or by mail to Katie Dickens Online, PO Box 575, Clayfield, QLD, 4011 (provide your first and last name, user name, and email address).
DISCLAIMERS AND LIMITATION OF LIABILITY
Users of the Website (individually and collectively, “User”) expressly agree that use of the Website is at User’s sole risk. Neither Katie Dickens Online, nor its employees or Providers, warrant that the Website will be uninterrupted or error-free; nor do they warrant or make any representation regarding the use of the information provided on the Website or the results that may be obtained from the use of the information provided on the Website, or as to the accuracy, reliability, or currency of any information, content, service, or merchandise provided through the Website. Katie Dickens Online does not endorse, recommend, or sponsor and is not affiliated with any individuals or entities listed or linked to on the Website unless that fact is expressly stated. The listing of any individual or entity does not constitute a medical referral of any kind. Users are advised to exercise their own further informed review, judgment, and evaluation in the selection of any and all medical professionals and health information.
The website is provided by Katie Dickens Online on an “as is” and “as available” basis. Katie Dickens Online makes no representations or warranties of any kind, express or implied, as to the operation of the website or the information, content, materials, products or individuals included or listed on the website. To the fullest extent permissible by applicable law, Katie Dickens Online disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Under no circumstances shall Katie Dickens Online or providers be liable to you or any third-party for any indirect, consequential, incidental, special or punitive damages, including, but not limited to, lost profits and business interruption, whether in contract or in tort, including negligence, arising in any way from any product or service sold or provided on the website or the use of the information or the results of the use of the information provided on the website, even if Katie Dickens Online is expressly advised of the possibility of such damages. In no event shall Katie Dickens Online’s liability exceed the price you paid for a product or service that is the subject of the claim. No oral advice or written information given by Katie Dickens Online, providers or the like, shall create a warranty; nor shall user rely on any such information or advice. Under no circumstances shall Katie Dickens Online or any other party involved in creating, producing, or distributing the Website be liable for any direct, indirect, incidental, special, or consequential damages that result from the use of or inability to use the Website, including but not limited to the results from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction, or unauthorized access to the Website’s records, programs, or services. User acknowledges that this paragraph shall apply to all content, merchandise, and services available through the Website. In those States that do not allow the exclusion or limitation of liability for consequential or incidental damages, liability is limited to the fullest extent permitted by law.
The Website contains information, data, software, photographs, graphs, videos, typefaces, graphics, audio and other material (collectively “Content”). Regarding the Content supplied by Users or parties other than Katie Dickens Online, Katie Dickens Online is a distributor and not a publisher. Katie Dickens Online has no more editorial control over such third-party or User Content than does a public library or newsstand. Any opinions, advice, statements, services, offers, or other information that constitutes part of Content expressed or made available by third parties and not by Katie Dickens Online are those of the respective authors or distributors and not of Katie Dickens Online. Neither Katie Dickens Online nor any third party, including any Provider, or any User of the Website, guarantees the accuracy, completeness, or usefulness of any Content, nor its merchantability or fitness for any particular purpose. In many instances, the Content available through the Website represents the opinions and judgments of the respective Provider or User not under contract with Katie Dickens Online. Katie Dickens Online neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on the Website by anyone other than authorized Katie Dickens Online employees. Under no circumstances shall Katie Dickens Online be liable for any loss, damage or harm caused by a User’s reliance on information obtained through the Website. It is the responsibility of a User to evaluate the information, opinion, advice or other Content available through the Website.
User agrees to use the Website only for lawful purposes. User is prohibited from posting on or transmitting through the Website any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation. If Katie Dickens Online is notified of allegedly infringing, defamatory, damaging, illegal, or offensive content provided by User, Katie Dickens Online may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such content from the Website. Katie Dickens Online may disclose any content or electronic communication of any kind: (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Website; or (iii) to protect the rights or property of Katie Dickens Online, its Users or Providers. Katie Dickens Online reserves the right to prohibit conduct, communication, or content that it deems in its sole discretion to be harmful to individual Users, the Website, or any rights of Katie Dickens Online or any third party, or to violate any applicable law. Notwithstanding the foregoing, neither Katie Dickens Online nor its Providers can ensure prompt removal of questionable content after online posting. Accordingly, neither Katie Dickens Online, nor Providers shall assume liability for any action or inaction with respect to conduct, communication, or content on the Website.
LINKS TO OTHER SITES
The Website may reference or link to third-party sites throughout the World Wide Web. Katie Dickens Online has no control over these third-party sites or the content within them. Katie Dickens Online cannot and does not guarantee, represent or warrant that the content contained in these third-party sites is accurate, legal, or inoffensive. Katie Dickens Online does not endorse the content of any third-party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. Katie Dickens Online does not assume any responsibility or liability for the actions, product, services, and content of all these and any other third parties. If you choose to link to or use a third-party website, you should carefully review such third party’s privacy statement and other terms and conditions of use. By using the Website to search for or link to another third-party site, you agree and understand that you may not make any claim against Katie Dickens Online for any damages or losses, whatsoever, resulting from your use of the Website to obtain search results or to link to another site.
Copyright © Dance Barre Australia PTY LTD. All materials and contents contained in the Website (including but not limited to the text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations and software), and the Website itself, are copyrighted materials belonging exclusively to Katie Dickens Online or its content suppliers and are protected by United States and international copyright law. Katie Dickens Online enforces its copyright interests to the fullest extent permitted under the law, and shall seek civil and criminal remedies where appropriate.
KATIE DICKENS ONLINE, Katie Dickens Online, and the “KD” SYMBOL and the related logos and other marks indicated on our Website are the exclusive property and trademarks of Dance Barre Australia, PTY LTD. Katie Dickens Online reserves all rights, including all rights applicable under the Australian and international trademark laws. All other trademarks not owned by Katie Dickens Online that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Katie Dickens Online.
You agree to defend, indemnify, and hold Katie Dickens Online and Providers harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.
The Website is created and controlled by Katie Dickens Online in the State of Queensland. As such, the laws of the State of Queensland will govern these disclaimers, terms and conditions, without giving effect to any principles of conflicts of laws. Katie Dickens Online reserves the right to make changes to its Website and these disclaimers, terms and conditions at any time. User hereby irrevocably and unconditionally consents to submit to the jurisdiction of the State of Queensland for any litigation arising out of or relating to use of or purchase made through the Website (and agrees not to commence any litigation relating thereto except in such courts), waives any objection to the laying of venue of any such litigation in the Queensland courts and agrees not to plead or claim in any Queensland court that such litigation brought therein has been brought in an inconvenient forum.
PRESERVATION / DISCLOSURE
You acknowledge, consent and agree that Katie Dickens Online may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Katie Dickens Online Online Workouts, its Members and the public. Under no other circumstances will Katie Dickens Online intentionally disclose your account information to any third party.
In any action against us arising from the use of this Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. Katie Dickens Online reserves the right to make changes to the Website, these policies, and these Terms and Conditions of Use at any time, effective immediately upon the posting on this Website. Please check these Terms and Conditions of Use periodically. In addition, these Terms and Conditions of Use may be modified only by our posting of changes to these Terms and Conditions of Use on this Website, or by signed, written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes. If any of these terms and conditions shall be deemed invalid, void, or for any reason unenforceable, that term or condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions. These Terms and Conditions of Use are the entire Agreement between you and us relating to the subject matter herein. We may assign our rights and obligations under these Terms and Conditions of Use. These Terms and Conditions of Use will inure to the benefit of our successors, assigns, and licensees. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms and Conditions of Use, or to exercise any right under the Terms and Conditions of Use, will not be construed as a waiver or relinquishment to any extent of such party’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. eds content.
At Dance Barre Australia we recognize that privacy is important and we are committed to protecting your privacy rights (“Policy”). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalized experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others. This Policy applies to all of the products, services and websites offered by Dance Barre Australia, LLC (the “Website” or “Dance Barre Australia”), any Dance Barre Australia software that you have embedded on a website or are about to embed (“Dance Barre Australia Widgets”), any applications created by Dance Barre Australia and available through social networking sites (“Dance Barre Australia Apps”) or its subsidiaries or affiliated companies (collectively, Dance Barre Australia’s “Service”).
If you have any questions about this Policy, please feel free to contact us.
By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy.
In addition to information about yourself, you may submit other content (“Content”). To protect your privacy, the Service allows you to mark your Content as “Private”, in which event it can only be seen by you and people with whom the unique URL of your Content has been shared, or in accordance with the terms applicable to social networking sites on which you include Content through Dance Barre Australia Apps. However, Dance Barre Australia has no responsibility for how people you allow to view your Content (or the public if you make any information available to the public) use that material, or to whom they may forward it. Moreover, if you “embed” a Dance Barre Australia Widget on another web page or share Content through a Dance Barre Australia App, it will be visible to the public in accordance with the policies of that web page, regardless of whether you have restricted access to that Content on Dance Barre Australia.
Finally, in order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website or viewing Dance Barre Australia Widgets or using Dance Barre Australia Apps on other sites, such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time (“Activity Information”).
By using the Service, you consent to our retaining all the above-described information in anonymous form indefinitely.
Dance Barre Australia’s Terms and Conditions of Use are expressly incorporated into this Policy by this reference.
INFORMATION WE COLLECT AND HOW WE USE IT
Information You Provide When you sign up for a Dance Barre Australia account we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender and zip code). After your 15 day free trial period, we also request credit card or other payment account information which we maintain in encrypted form on secure servers. We may combine the information you submit under your account with information from other Dance Barre Australia services or third parties in order to provide you with a better experience and to improve the quality of our services. For certain services, we may give you the opportunity to opt out of combining such information.
We make your profile available to other users according to the privacy settings you set for yourself as part of your profile. Your user name will be identified to us and to any recipient of messages you send through the Service. We also use your name, e-mail address and other information on our system to notify you of new product releases, service notifications, and to solicit your feedback and input. In the event that we decide to allow you to submit other information about yourself, the availability of that information to other users will also be controlled by privacy settings you will set for yourself. In the event that you make your Dance Barre Australia Widgets publicly available, or “embed” them on another publicly available web site (such as a social networking site), we may include links to those shows or web sites or otherwise identify them in our marketing materials as places where Dance Barre Australia Widgets that may interest other users can be found.
IP Address An IP address is a number that’s automatically assigned to your computer whenever you’re surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions or otherwise in order to protect our services, sites, customers, or others.
Log Information When you use the Service, our servers automatically record information that your browser sends whenever you visit a website. These server logs may include information such as your web request, Internet Protocol address, browser type, browser language, the date and time of your request and one or more cookies that may uniquely identify your browser.
User Communications When you send email or other communication to Dance Barre Australia, we may retain those communications in order to process your inquiries, respond to your requests and improve our services.
Affiliated Sites We offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Dance Barre Australia in order to deliver the service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies.
Links Dance Barre Australia may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.
Other Websites This Policy applies to websites and services that are owned and operated by Dance Barre Australia. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.
Dance Barre Australia only processes personal information for the purposes described in the applicable Policy and/or privacy notice for specific services. In addition to the above, such purposes include:
– Providing our products and services to users, including the display of customized content and advertising
– Auditing, research and analysis in order to maintain, protect and improve our services
– Ensuring the technical functioning of our network
– Developing new services
Dance Barre Australia processes personal information on our servers in the United States of America and in other countries. In some cases, we process personal information on a server outside your own country. We may process personal information to provide our own services. In some cases, we may process personal information on behalf of and according to the instructions of a third party, such as our advertising partners.
CHOICES FOR PERSONAL INFORMATION
When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than the purpose for which it was collected, then we will ask for your consent prior to such use.
If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, we will offer you an effective way to opt out of the use of personal information for those other purposes. We will not collect or use sensitive information for purposes other than those described in this Policy and/or in the specific service notices, unless we have obtained your prior consent.
You can decline to submit personal information to any of our services, in which case Dance Barre Australia may not be able to provide those services to you.
Dance Barre Australia only shares personal information with other companies or individuals outside of Dance Barre Australia in the following limited circumstances:
– We have your consent. We require opt-in consent for the sharing of any sensitive personal information.
– We provide such information to our subsidiaries, affiliated companies or other trusted businesses or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures.
– We have a good faith belief that access, use, preservation or disclosure of such information is reasonably necessary to (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce applicable Terms of Service, including investigation of potential violations thereof, (c) detect, prevent, or otherwise address fraud, security or technical issues, or (d) protect against imminent harm to the rights, property or safety of Dance Barre Australia, its users or the public as required or permitted by law.
– We may share with third parties certain pieces of aggregated, non-personal information, such information does not identify you individually.
We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where we store personal data.
We restrict access to personal information to Dance Barre Australia employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.
Dance Barre Australia processes personal information only for the purposes for which it was collected and in accordance with this Policy or any applicable service-specific privacy notice. We review our data collection, storage and processing practices to ensure that we only collect, store and process the personal information needed to provide or improve our services. We take reasonable steps to ensure that the personal information we process is accurate, complete, and current, but we depend on our users to update or correct their personal information whenever necessary.
ACCESSING AND UPDATING PERSONAL INFORMATION
When you use Dance Barre Australia services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardize the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.
Dance Barre Australia regularly reviews its compliance with this Policy. Please feel free to contact us with any questions or concerns regarding this Policy or Dance Barre Australia’s treatment of personal information. When we receive formal written complaints at this address, it is Dance Barre Australia’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Dance Barre Australia and an individual.
CHILDREN UNDER 13
Dance Barre Australia content is not directed at children under 13 years of age, and if you provide information about yourself as a user of Dance Barre Australia, you are representing that you are 13 years of age or older. If you are younger than 13 years of age and would like to become a registered member of or provide information about yourself to the Website, you are required to have your parent or legal guardian contact us prior to use.
We do not knowingly collect personally identifiable information from anyone under 13 years of age, but if we do become aware of having collected personally identifiable information from a user who is younger than 13 years of age without prior, verifiable consent from a parent or legal guardian, we will remove such information from our files.
CHILDREN BETWEEN THE AGES OF 13 AND 17
We recommend that minors over the age of 13 ask their parents for permission before sending any information about themselves to anyone over the Internet.
CHANGES TO THIS POLICY
THIRD-PARTY LINKS, CO-BRAND RELATIONSHIPS, & PUBLIC FORUMS
In an attempt to provide increased value to our visitors, Dance Barre Australia may choose various third party web sites to link to, link from, and frame within, the Website. Dance Barre Australia also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Dance Barre Australia, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Dance Barre Australia. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.
We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.
By using our Website, you consent to the collection and use of information by Dance Barre Australia as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.