BalletX provides a personalized subscription service that allows our subscribers to access BalletX dance films and assorted content (“BalletX Beyond content”) streamed over the Internet to certain Internet-connected computers and other devices.
You have accepted these Terms of Use, which govern your use of our service. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
As used in these Terms of Use, “BalletX Beyond service”, “our service” or “the service” means the personalized service provided by BalletX for discovering and watching BalletX Beyond content, including all features and functionalities, recommendations and reviews, the website, and user interfaces, as well as all content and software associated with our service.
1. Subscription
1.1. Your BalletX Beyond subscription will continue and automatically renew until August 31, 2021. To use the BalletX Beyond service you must have Internet access and an internet-connected computer or other device, and you must provide us a current, valid, accepted method of payment. You must cancel your subscription before it renews in order to avoid billing of the subscription fees for the next billing cycle to your payment method (see “Cancellation” below).
2. Billing and Cancellation
2.1. Billing Cycle. The subscription fee for the BalletX Beyond service will be charged to your payment method on the specific billing date indicated on your “My Account” page. The length of your billing cycle will depend on the type of subscription that you choose when you sign-up for the service. Subscription fees are fully earned upon payment. In some cases your payment date may change, for example if your payment method has not successfully settled or if your paid subscription began on a day not contained in a given month. Visit the BalletX Beyond website and click on the “Payments” link on the “My Account” page to see your next payment date.
2.2. Payment Methods. To use the BalletX Beyond service you must provide one or more payment methods. You authorize us to charge any payment method associated to your account in case your primary payment method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid payment method. For some payment methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your payment method. Check with your payment method service provider for details.
2.3 Updating your Payment Methods. You can update your payment methods by going to the “My Account” page. We may also update your payment methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable payment method(s).
2.4. Cancellation. You can cancel your BalletX Beyond subscription at any time, and you will continue to have access to the BalletX Beyond service through the end of your billing period. To cancel, go to the “My Account” page on our website and follow the instructions for cancellation. If you cancel your subscription, your account will automatically close at the end of your current billing period.
2.5. Changes to the Price and Subscription Plans. We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.2.6. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our subscribers (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
3. BalletX Beyond Service
3.1. You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of the BalletX Beyond service. Individuals under the age of 18, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
3.2. The BalletX Beyond service and any content viewed through our service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your BalletX Beyond subscription, we grant you a limited, non-exclusive, non-transferable right to access the BalletX Beyond service and view BalletX Beyond content through the service. Except for the foregoing, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
3.3. You agree to use the BalletX Beyond service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the BalletX Beyond service. You also agree not to circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the BalletX Beyond service; use any robot, spider, scraper or other automated means to access the BalletX Beyond service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the BalletX Beyond service; insert any code or product or manipulate the content of the BalletX Beyond service in any way; or use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the BalletX Beyond service, including any software viruses or any other computer code, files or programs. We may terminate or restrict your use of our service if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
3.4. The quality of the display of the BalletX Beyond content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. BalletX makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching BalletX Beyond content will vary based on a number of factors, including your location, available bandwidth at the time, the BalletX Beyond content you have selected and the configuration of your device.
3.5. BalletX Beyond software may solely be used for authorized streaming and viewing of content from BalletX Beyond through internet-connected devices. This software may vary by device and medium, and functionalities may also differ between devices. By using our service, you agree to receive, without further notice or prompting, updated versions of the BalletX Beyond software.
3.6. By using our service, you agree to look solely to the entity that manufactured and/or sold you your device for any issues related to the device and its compatibility with the BalletX Beyond service. We do not take responsibility or otherwise warrant the performance of your devices, including the continued compatibility with our service. If your device is sold, lost, or stolen and you fail to log out or deactivate your device, subsequent users may access the BalletX Beyond service through your account and may be able to access certain of your account information.
4. Passwords and Account Access
The subscriber who created the BalletX Beyond account and whose payment method is charged (the “Account Owner”) has access and control over the BalletX Beyond account and the devices that are used to access our service and is responsible for any activity that occurs through the BalletX Beyond account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), the Account Owner should maintain control over the devices that are used to access the service and not reveal the password or details of the payment method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, BalletX, or our partners from identity theft or other fraudulent activity. BalletX Beyond is not obligated to credit or discount a subscription for holds placed on the account by either a representative of BalletX or by the automated processes of BalletX Beyond.
5. Disclaimers of Warranties and Limitations on Liability
5.1. The BalletX Beyond service and all content and software associated therewith, or any other features or functionalities associated with the BalletX Beyond service, are provided “as is” and “as available” with all faults and without warranty of any kind. BalletX does not guarantee , represent, or warrant that your use of the BalletX Beyond service will be uninterrupted or error-free.
5.2. To the extent permissible under applicable laws, in no event shall BalletX, or its subsidiaries or any of its shareholders, directors, officers, employees, or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect, or consequential damages of any kind, or any damages whatsoever.
6. Miscellaneous
6.1. Governing Law. These Terms of Use shall be governed by and construed in accordance with the laws of the state of Pennsylvania, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
6.2. Feedback. BalletX is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the BalletX Beyond service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law.
6.3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
6.4. Changes to Terms of Use and Assignment. BalletX may, from time to time, change these Terms of Use. Such revisions shall be effective immediately.
6.5. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or payment method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Last Updated: September 10, 2020