Bopsidy Terms of Service

Effective on 10/21/2019

ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT.

1. Introduction

1.1 Contract

You agree that by clicking “Agree” or accessing or using our services (described below), you are agreeing to enter into a legally binding contract with Bopsidy, Inc. (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.

Services

This Contract applies to Bopsidy.com, Bopsidy-branded apps, and other Bopsidy-related sites, apps, communications and other services that state that they are offered under this Contract, including the offsite collection of data related to such services, such as our ads.

(“Services”). Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both Members and Visitors.

Bopsidy, Inc.

You are entering into this Contract with Bopsidy, Inc. (also referred to as “we” and “us”).

This Contract applies to Members and Visitors. When you use our Services you agree to all of these terms. Your use of our Services is also subject to our Privacy Policy which covers how we collect, use, share, and store your personal information.

1.2 Members and Visitors

When you register and join the Bopsidy Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.”

1.3 Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Services, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account by contacting help@bopsidy.com. Your continued use of our Services after we publish or send a notice about our changes to these terms means that you are consenting to the updated terms.

2. Obligations

2.1 Service Eligibility

The Services are not for use by anyone under the age of 16.

To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Bopsidy account, which must be in your real name; and (3) you are not already restricted by Bopsidy from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.

“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Bopsidy to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.

2.2 Your Account

Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law. You are responsible for anything that happens through your account unless you close it or report misuse.

As between you and others (including your employer), your account belongs to you.

2.3 Notices and Messages

You agree that we will provide notices and messages to you to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.

2.4 Sharing

Information and content that you share may be seen by other Members, Visitors or others. Where we have made settings available, we will honor the choices you make about who can see content or information.

We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

3. Rights and Limits

3.1. Your License to Bopsidy, Inc.

As between you and Bopsidy, you own the content and information that you submit to the Services, and you are only granting Bopsidy and our affiliates the following non-exclusive license:

A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:

  1. You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except (a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and (b) for the reasonable time it takes to remove from backup and other systems.
  2. We will not include your content in advertisements for the products and services of third parties to others without your separate consent (including sponsored content). However, we have the right, without payment to you or others, to serve ads near your content and information, and your social actions may be visible and included with ads, as noted in the Privacy Policy.
  3. We will get your consent if we want to give others the right to publish your content beyond the Services.
  4. While we may edit and make format changes to your content (such as translating it, modifying the size, layout or file type or removing metadata), we will not modify the meaning of your expression.
  5. Because you own your content and information and we only have non-exclusive rights to it, you may choose to make it available to others.

You and Bopsidy agree that we may access, store, process and use any information and personal data that you provide in accordance with the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding our Services to Bopsidy, you agree that Bopsidy can use and share (but does not have to) such feedback for any purpose without compensation to you.

You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. Bopsidy may be required by law to remove certain information or content in certain countries.

3.2 Service Availability

We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve submitted.

Bopsidy is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

3.3 Other Content, Sites and Apps

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Bopsidy generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news

You are responsible for deciding if you want to access or use third-party apps or sites that link from our Services. If you allow a third-party app or site to authenticate you or connect with your Bopsidy account, that app or site can access information on Bopsidy related to you and your connections. Third-party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, Bopsidy is not responsible for these other sites and apps – use these at your own risk. Please see our Privacy Policy.

3.4 Limits

Bopsidy reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Bopsidy reserves the right to restrict, suspend, or terminate your account if Bopsidy believes that you may be in breach of this Contract or law or are misusing the Services (e.g., violating any of the Dos and Don’ts).

3.5 Intellectual Property Rights

Bopsidy reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Bopsidy and other Bopsidy trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Bopsidy.

3.6 Automated Processing

We will use the information and data that you provide and that we have about Members to make recommendations for content and features that may be useful to you. For example, we may use data and information about you to recommend you to studios and dance instructors. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.

4. Disclaimer and Limit of Liability

4.1 No Warranty

This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.

TO THE EXTENT ALLOWED UNDER LAW, BOPSIDY AND ITS AFFILIATES (AND THOSE THAT BOPSIDY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

4.2 Exclusion of Liability

These are the limits of legal liability we may have to you.

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS BOPSIDY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), BOPSIDY AND ITS AFFILIATES (AND THOSE THAT BOPSIDY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF BOPSIDY AND ITS AFFILIATES (AND THOSE THAT BOPSIDY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BOPSIDY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Bopsidy OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

5. Termination

We can each end this Contract anytime we want.

Both you and Bopsidy may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:

  • Our rights to use and disclose your feedback;
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Service to the extent copied or re-shared prior to termination;
  • Sections 4, 6, 7, and 8.2 of this Contract;
  • Any amounts owed by either party prior to termination remain owed after termination.

Contact admin@bopsidy.com to close your account.

6. Governing Law and Dispute Resolution

You and Bopsidy agree to arbitrate all disputes between you and Bopsidy or its affiliates. “Dispute” includes any dispute, action or other controversy between you and us concerning the Services or these terms, whether in contract, tort, warranty, statute or regulation, or other legal or equitable basis. You and Bopsidy empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these terms or formation of this contract, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or Bopsidy must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to Bopsidy, 2501 Harrison St Ste 6, San Francisco, CA 94110, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Bopsidy will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.

If you and Bopsidy do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the “AAA”) under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. For more information, visit www.adr.org or, in the United States, call 800-778-7879. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.

Arbitration shall be initiated in the City of San Francisco, California, United States of America, and you and Bopsidy agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Bopsidy will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

You agree that any action at law or in equity arising out of or relating to these terms or the Services that is not subject to arbitration shall be filed, and that venue properly lies, only in the state or federal courts located in the City of San Francisco, California, United States of America and you consent and submit to the personal jurisdiction of such courts for the purposes of litigating such action.

These terms are governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any conflict of law principles.

7. General Terms

Here are some important details about the Contract.

If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.

To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.

If we don't act to enforce a breach of this Contract, that does not mean that Bopsidy has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Bopsidy may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

8. Bopsidy “Dos and Don’ts”

8.1. Dos

Bopsidy is a community. This list of “Dos and Don’ts” limit what you can and cannot do on our Services.

You agree that you will:

  1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  2. Provide accurate information to us and keep it updated;
  3. Use your real or professional name on your profile; and
  4. Use the Services in a respectful manner.

8.2. Don’ts

You agree that you will not:

  1. Create a false identity on Bopsidy, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Bopsidy;
  5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
  7. Violate the intellectual property or other rights of Bopsidy, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Bopsidy” or our logos in any business name, email, or URL;
  8. Submit anything that contains software viruses, worms, or any other harmful code;
  9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  10. Imply or state that you are affiliated with or endorsed by Bopsidy without our express consent (e.g., representing yourself as an accredited Bopsidy trainer);
  11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Bopsidy’s consent;
  12. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Bopsidy’s consent;
  13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
  15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  18. Violate any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.

9. Complaints Regarding Content

We respect the intellectual property rights of others. We require that information submitted by visitors be accurate and not in violation of the intellectual property rights or other rights of third parties.

10. How To Contact Us

If you want to send us notices or service of process, please contact us admin@bopsidy.com