Terms and Conditions

Monsters 365 Terms and Conditions
Last Updated: May 14, 2020

OVERVIEW

Welcome to Monsters365.co, a dance education and entertainment website powered by Monsters of HipHop, LLC.

Monsters365.co website, associated websites and applications (Apps), mobile or otherwise are owned by Monsters of HipHop, LLC (the “Company”). The Terms and Conditions (this “Agreement”) apply to all of the products, services and all versions of websites provided by the Company. 

TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. By using this website, you acknowledge your consent to these Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the website.

Your access to, and use of this website, as well as all related websites, applications (Apps) or other training and educational programs operated by Monsters of HipHop, LLC (collectively the “Site”) is subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:

1. Acceptance of Terms: You agree that the Site itself, as well as all videos, training programs, products, services and other materials (the “Content”), made available on the Site by Monsters of HipHop, LLC or other third parties, are maintained for your personal use and information and are the property of the Company and/or its third-party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, as provided by the Company. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes. No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, in any way unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company, with the exception of contests or social media promotions specifically and solely endorsed by the Company. You or your associates may not use or publicly perform Company Content (choreography) for competitions, recitals, and/or concerts without the express written permission of the Company and additional fees may apply. 

2. Copyrights:  All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

3. Trademarks: All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the names Monsters of HipHop, Monsters Dance and Monsters 365, are either the property of, or used with permission by, the Company. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Company and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company. The Company respects the copyright, trademark and all other intellectual property rights of others. The Company has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. Any concerns of this nature can be directed to the Company at the contact information in this Agreement.

4. Accuracy: While the Company uses reasonable efforts to include accurate and up-to-date information in the Site, the Company makes no warranties or representations as to its accuracy. The Company assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. Consent to Notices: When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of email, and wherever applicable, text messaging.

6. If you send comments, or feedback about the Site to the Company, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Company. No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. Risks of Use:  The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.

8. Privacy Disclosure: The Company will not intentionally disclose any personally identifying information about you to third parties, except where the Company, in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use.  For our full privacy policy, please click here

9. Health & Safe Environment Disclaimer: Company Content represents strenuous physical activity that should only be attempted in a clear and safe environment. You agree to consult with your physician before participating in any of the Content, activities or programs provided by Monsters of HipHop, LLC, agree not to participate with any medical condition including, but not limited to, a history of heart disease that poses a direct threat to the health or safety of yourself or others. You acknowledge that your participation in any dance or fitness activity is done at your own risk and you expressly waive and release any claim that may arise at any time for any injury, new or pre-existing (or even death), as a result of your participation in any content, training programs, or videos against Monsters of HipHop, LLC, Monsters 365 or any person involved with Monsters of HipHop, LLC, including but not limited to its owners, staff, instructors, affiliates or representatives. 

Neither the company nor any other party involved in creating, producing, or maintaining the site and/or any content on the site shall be liable under any circumstances for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, or use of the site. 

10. Performance of website:  The Company shall not be responsible for any performance or service problems caused by any third-party website, or third-party service provider, including your web service provider, Authorize.net payment services, Paypal payment services, your software and/or any updates to that software. The Company reserves the right to refuse access to the site and/or the Company's content products and or services to anyone in its sole discretion and offers no refunds for any unused and/or prepaid membership fees.

11.Indemnification: You agree to indemnify and hold the Company and each of its owners, employees, and representatives, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.

12. Governance: This agreement shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts in Maryland. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

13. Terms of Use: These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

14. Rights Reserved: The Company reserves the right to make updates, upgrades, pricing modifications, and/or discontinue service without notice at any time without liability.

15. Term and Termination: This Agreement shall remain in effect as long as it remains an active website provided by Monsters of HipHop, LLC. You may terminate your membership at any time, for any reason, through your account on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Upon termination of your account, the Company reserves the right, but not the obligation, to store your personal information. 

16. Membership credentials including Username and Password may not be shared or sold (referred to as “fraudulent use”) to any other person or entity at any time. The Company reserves the right to terminate your membership without liability if it determines, for any reason, that you have engaged in fraudulent use or abuse of your membership. 

17. Membership, Billing and Free Trial Terms: The Company offers a one-time, seven-day Free Trial. A valid credit or debit card will be required at the time you sign up but will not be billed to your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. Memberships are billed monthly unless Annual payment is chosen upon sign up. All memberships are renewed automatically until cancelled. 

18. Participation Rights: Your participation in any programs provided on the Company websites or applications, including but not limited to a Casting Catalog, or any training programs, does not guarantee or imply your right to additional opportunities or compensation. 

19. Member Content and Conduct: The Company reserves the right, without notice or liability, to remove any content submitted by you that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, or profane. 

20. Disclaimer of Warranties: You expressly understand and agree that to the fullest extent permitted by applicable law, your use of the services is at your sole risk and the services are provided on an “as-is” and “as available” basis with all faults. To the fullest extent permitted by applicable law, Monsters of HipHop, LLC expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including but not limited to, warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Monsters of HipHop, LLC makes no warranty representation or condition that: (1) the services will meet your requirements; (2) your use of services will be uninterrupted, timely, secure, or error-free; or (3) the results that may be obtained from use of services will be accurate or reliable. Monsters of HipHop, LLC makes no warranty that the services provided by Third parties will meet your requirements or be available on an uninterrupted, secure or error-free basis. Monsters of HipHop, LLC makes no warranty regarding the quality of any such services or the accuracy, timeliness, or reliability of any user Content obtained through services provided by Monsters of HipHop, LLC. 

21. Limitation of Liability: In no case shall Monsters of HipHop, LLC, its owners, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Monsters of HipHop, LLC’s liability shall be limited to the maximum extent permitted by law in any state or jurisdiction. 

22. Access and Use of Service: Users accessing the Services must be at least thirteen (13) years of age. Users registering for the Services and uploading User Generated Content must be at least eighteen (18) years of age. The Company makes no claims that the Services may be lawfully accessed in any specific location. Access to the Services may not be legal by certain persons or in certain states or certain countries, or may require government authorization or registration. When you access the Services you are solely responsible for compliance with the laws and regulations of your jurisdiction.

23. Your Conduct: The Services may be used only for lawful purposes relating to streaming and related materials. The Company specifically prohibits any use of the Services, and all users agree not to use the Services, for any purposes other than designated by the Company.

You are prohibited from violating or attempting to violate the security of the Services, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to this Services, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, (e) scraping or harvesting data or (f) the use of robots to skew payouts. Violations of system or network security or inappropriate conduct may result in civil or criminal liability. The Company will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement entities in prosecuting users who are involved in such violations.

24. User Information: You are solely responsible for the information you input or upload to the Services, and warrant and represent you have the right and authorization to register for the Services and post User Generated Content. The Company reserves the right in its sole discretion to decide whether the information you input or upload is appropriate and complies with the Terms of Service, other Company policies, and applicable laws and regulations.

If you register for the Services, you will be asked to provide certain information including a valid email address. You warrant and represent that all such information is current and accurate, and will be kept up-to-date. Your privacy rights are set forth in our Privacy Policy located at <link to Privacy Policy>. Company reserves the right to offer Company or third party services and products to you based on the preferences that you identify in your registration and at any time thereafter, unless you opt-out of receiving third party services and products.

25. Username/Password/Security

You are responsible for maintaining the confidentiality of your information as it relates to the Services, including your username and password, and are responsible for all uses of your username and password whether or not authorized by you. If you wish to have someone else use your device, it is important you always log out so no other individual will have access to your content.

26. Company Details: 

Monsters of HipHop, LLC 
2 Winters Lane 
Catonsville, MD 21228
Contact us at info@monstersdance.com  or call +1-410-630-1235.