Terms and Conditions - Dancing With Her

DANCING WITH HER’S® TERMS AND CONDITIONS

Updated June 2023

Please read these Terms and Conditions (“Terms,” “Terms and Conditions”) carefully before using the www.dancingwithher.com website (the “Service”) operated by Dancing With Her® (“us,” “we,” or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the service.

By accessing or using the service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the service.

CONTENT & SUBMISSIONS

The content is intended for informational and entertainment purposes only. Such content is not intended to constitute professional advice. Despite our efforts to ensure that all content is materially correct and consistent, Dancing With Her® makes no warranty, express or implied, as to the accuracy and reliability of the content.

By submitting content to Dancing With Her®, you hereby grant us a perpetual, non-exclusive (after content exclusivity agreement has been met), royalty-free, fully-paid, transferable, sub-licensable, worldwide license to use, adapt, display, publicize, reproduce, reformat, prepare derivative works of, distribute, and otherwise fully exploit your content in any media formats and through any media channels (the “license”). The license includes the right to incorporate the content in digital or print media for distribution, subscription, or otherwise, including one license for print. You also grant Dancing With Her® the right to use your name, likeness, and biography in connection with the publication and promotion of the content. You acknowledge that you will not be entitled to any royalties or payment for use of the content, and that the license shall continue in perpetuity. Content used on the site and in any publication will include attribution to the copyright holder. You also grant each visitor or user of the site a non-exclusive license to use and display the content through the functionality of the site and under these Terms and Conditions. The license does not grant us the right to distribute your content outside of the terms contained herein. After submitting content to Dancing With Her®, you continue to retain the same rights to such content as you held before submitting the content to Dancing With Her®.

You are responsible for your own submission of content. In connection with such submissions, you affirm, represent, and warrant that you have the necessary rights, ownership, and permissions to submit such content. You agree that you will not submit content that is copyrighted unless you are the owner of such rights or have permission from the owner to submit the material and grant us the rights contained herein.

We reserve the right to remove, edit, and modify content at any time and for any reason, without notice. We reserve the right to accept or reject all or part of a content submission.

CONTENT EXCLUSIVITY AGREEMENT

Dancing With Her® retains the right to an exclusivity agreement to both the photography and use of story for a period of six weeks from date of publishing digitally to the blog, and/or a period of twelve weeks from the date of publishing in our print and digital magazine title/s.

During the exclusivity agreement period, the submitter of the content, and the photographer, agrees to not distribute the content to other publications including, but not limited to, global print and digital publications and magazines.

PURCHASING FROM OUR ONLINE STORE

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Exchanges and Refunds
We are unable to exchange and refund delivered print items. However, if you never received your print items or received the wrong item, please contact us at [email protected], and we will resolve the issue. Should a product be subject to further conditions relating to its eligibility for a refund or exchange, it will be advertised accordingly. Refunds will then be issued to your original payment method. This does not affect your statutory rights.

Late or missing refunds
If you haven’t received a refund yet, first check your bank account again. Then contact your credit card company. It may take some time before your refund is officially posted. Next, contact your bank. There is often some processing time before a refund is posted. If you’ve done all of this and you still have not received your refund yet, please contact us at [email protected].

Eligibility
The shop is intended for Users who are eighteen (18) years of age or older, and any purchases made on the Site’s shop by a person seventeen (17) years of age or younger should be made under the supervision of a legal parent or guardian who is fully able and competent to comprehend and adhere to the terms, conditions, obligations, affirmations, representations, and warranties set forth in this agreement and on the shop, and to abide by and comply with this agreement.

ERRORS AND INACCURACIES

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on/in Dancing With Her®.

Dancing With Her®, therefore, reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

INTELLECTUAL PROPERTY

The Service and its original content, features and functionality are and will remain the exclusive property of Dancing With Her® and its licensors. The Service is protected by copyright, trademark, and other laws of both in Australia and around the world. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Dancing With Her®.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Dancing With Her® and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.

DISCLAIMER

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Dancing With Her® its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.