Welcome to Ballroom Genie!
This service is operated by Dance Futures Limited and we provide it on the following basis.
We, us or our refers to Dance Futures Limited.
Ballroom Genie or the service means the web site available at www.ballroomgenie.com and any related facilities we offer.
You or your refers to any person accessing the service or arranging access on behalf of a third party.
Content means any information accessible on the service, including any audio and video data.
Contributor means someone upon whose advice, performance or other assistance content is based.
Public content means content that we make available to you without any obligation on your part.
Subscription content means any content that is not public content.
Subscription means an agreement authorising access to subscription content under certain terms.
Subscriber means the person who enters a subscription agreement with us.
Consumer Contracts Regulations means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
2. Nature of the service
2.1 Ballroom Genie is a web site that provides an online dance training aid consisting primarily of video clips and written advice.
2.2 The service includes both public content and subscription content. Public content is accessible to non-subscribers.
2.3 If you are not a subscriber, the public content areas of the site are available to you as-is with no warranty of any kind. You may not access any other part of our site.
3. Limitations of the service
3.1 Ballroom Genie is intended to support your regular ballroom dance training, but not to replace it. We hope you find the service helpful, but please don’t use it as a substitute for working with professional dance teachers, doctors, personal trainers or other experts when you should.
3.2 When using the service, avoid anything that feels unnatural or painful and do not force any move. This is generally good advice for dancing, but while our technology can produce realistic computer-generated animations, there is a specific potential problem where any distortion in the computer graphics may allow joints to appear in unnatural positions. Similarly, any such distortions might not faithfully reproduce the original dancing. If in doubt, please consult a professional dance teacher.
3.3 We supply information that we hope will illuminate your own practice and help you find answers to common questions, but we do not promise any particular level of achievement as a direct result of using the service.
3.4 Any content attributed to a contributor represents that contributor’s personal interpretation and may not represent our view or that of any other contributor.
4. Access to the service
4.1 Only you may access subscription content using your credentials, but in order to allow you to work with your dance partner you may allow up to one other person to use your credentials to access the subscription content provided that they do so at the same time as you, that they are accessing the same content, and that the only reason for doing so is to allow you to discuss that content.
4.2 We provide the service, but you are responsible for the Internet connection, equipment and software you use to access it. Before you start any subscription, please use any test facilities we provide to confirm that you can get satisfactory access to the service, as unfortunately your subscription fee won’t be refundable if you don’t test and later find your access doesn’t work well.
4.3 We provide information on the service about the expected compatibility of our content with different devices and software, but we have no control over software updates that may be provided by third parties and may break compatibility with the service during your subscription. If as a result of such an update and through no fault of your own you can not access subscription content using any of the browsers that are available for your device and that we expect to be compatible, and if this situation continues for more than 24 hours even if you install any further software updates that are available, then you will have the right to cancel your subscription immediately and receive a prorated refund of your subscription fee for the remainder of your current subscription period. This right to cancel will expire immediately if and when you are able to access subscription content again.
4.4 We will make reasonable efforts to keep the service available. We are not liable for any limited access to or poor performance of the service due to factors outside our reasonable control. The service may be unavailable from time to time while we perform scheduled maintenance work and we will give reasonable notice when this is planned. If we need to perform urgent or emergency maintenance, or if we reasonably believe that we are legally bound to suspend the service, it may be unavailable, and we may be unable to give notice of this.
5.1 When you subscribe, you purchase access to a package of content for a specified time. The precise contents of that package may change from time to time, for example, we might add new content, replace content with what we believe to be a better version, or fix or remove content that we believe to be incorrect, misleading or dangerous.
5.2 We give you permission to use the intellectual property that forms part of your subscription for your own personal use while accessing the service. We do not give you permission to permanently store any of our content or to make it available to any other person. You must not copy content you access on the service and give it to someone else. That includes giving someone a copy personally or uploading content to services such as YouTube where others can access it.
5.3 In order to protect our intellectual property rights and to show that content was supplied to you in particular, we may include within that content information that identifies you. Some or all of that information might not be immediately obvious to you. If such information later identifies you as the source of a leak then we may take legal action against you. That could result in a substantial fine or even criminal prosecution.
6. Offer and acceptance
6.1 If you have been given a code to activate a subscription for which no further payment is required, your entry of this code and confirmation that you wish to activate the associated subscription constitutes an offer to us to contract under these terms. In any other case, your authorisation of the first payment constitutes an offer under these terms to us.
6.2 Your offer includes your express consent for us to begin supplying content immediately under regulation 37(1)(a) of the Consumer Contracts Regulations.
6.3 Our acceptance of your offer and the beginning of your subscription will be indicated when we send you a confirmation e-mail, which will state explicitly that it marks the beginning of your subscription. If you do not receive such a confirmation e-mail from us shortly after signing up, please contact us.
6.4 Once we have sent you the confirmation e-mail, the performance of the contract will begin, and you acknowledge that your right to cancel the contract under regulation 29(1) of the Consumer Contract Regulations will be lost at that time.
7. Subscription conditions
7.1 A subscription is not transferrable unless in our absolute discretion we choose to allow it.
7.2 You must keep any credentials used to protect a subscription secret, and you will be responsible for all access to the service using any of your subscriptions. If you believe that someone else could use your credentials, you must immediately change them using the facilities on the service, and we recommend that to prevent any misunderstanding you should also notify us as soon as possible.
8. Purchases on behalf of third parties
8.1 If you would like to arrange for someone else to have access to the service, for example as a gift or as part of a bulk purchase on behalf of an organisation, we may allow you to purchase a gift subscription that you can give to your intended subscriber.
8.2 A gift subscription is an option exercisable by one other person, or in the case of bulk purchases a set of options each exercisable by one other person, to access our services under these terms. If we have published updated terms on our web site at the time the option is exercised, the updated terms will also apply and will take precedence in case of any conflict.
8.3 If you are buying a gift subscription, we will agree with you in writing the number of beneficiaries, associated subscription content, subscription fee payable by each beneficiary (which may be nothing), subscription period, expiry date for the associated options, additional conditions that will apply, and price that you as purchaser will pay.
8.4 A gift subscription is exercisable by use of a subscription code, which is a series of letters and numbers. When you purchase a gift subscription, we will provide you with one or more codes that beneficiaries can use to identify themselves to us.
8.5 We may specify an expiry date for each code that we give you. The code may not be used after that date, unless in our absolute discretion we choose to allow this.
9. Accessing a gift subscription
9.1 In order to access a gift subscription, you must visit the link specified with the code.
9.2 In submitting the code to us, you are making an offer to contract under these terms subject to any variations as to period, expiry date and payment agreed with the purchaser of the gift subscription and which are notified to you at the time of your making an offer.
10. Refunds and cancellations
10.1 Except as otherwise provided in this agreement, subscriptions may not be cancelled once begun and no refunds will be given. In particular, no refund will be due if you cancel a subscription early other than under clause 4.3.
11. Termination (not for fault)
11.1 If you have a subscription for a fixed period, your subscription contract will automatically terminate at the end of that period.
11.2 If you have a recurring subscription, your subscription contract will not automatically terminate. You may give us notice at any time that you wish to cancel your subscription, either by using the facility on the service or by writing to us at our registered address, and your subscription contract will then terminate at the end of the subscription period in which we receive the notice from you. Contacting us by any other means, including but not limited to e-mail, is not sufficient to cancel a recurring subscription.
11.3 If you have a recurring subscription, we may give you notice by e-mail or in writing that we wish to cancel your subscription, and your subscription contract will then terminate at the end of the subscription period in which you receive the notice from us.
11.4 Following notice of cancellation under clause 11.2 or 11.3, you may still access related subscription content until the end of the subscription period, and related subscription fees will still be due in full.
11.5 We reserve the right to cancel any subscription and terminate any associated access to the service at any time. If we do this to any of your subscriptions other than under section 12, we will notify you as soon as reasonably possible either by e-mail or in writing, at which point your subscription contract will terminate, and we will promptly refund the unused part of any subscription fees that you have paid on a pro rata basis.
12. Termination or suspension (for fault)
12.1 If we reasonably believe that you are storing content for later use, or that your subscription is being shared between multiple users, or that you have used any form of automated tool to systematically download content, or that you are otherwise in material breach of these terms, then we may immediately and without notice terminate access to the service for all concerned. In this event, any associated subscription contracts will immediately terminate, and we may refuse to accept any new subscriptions by any parties involved.
12.2 As an alternative to terminating under clause 12.1, we may in our absolute discretion choose to suspend any related subscriptions instead of cancelling them, while we investigate the nature of any breach and communicate with those involved. At the conclusion of such investigation, for each affected subscriber, we will either terminate access as under clause 12.1 or restore the subscription. During any suspension, access to the service will not be authorised but any subscription period will continue to run. If we restore a subscription after determining that the subscriber was not at fault, we will extend the subscription period to make up for loss of access during the suspension.
12.3 We will notify anyone affected by a termination or suspension under clause 12.1 or 12.2 as soon as reasonably possible either by e-mail or in writing.
12.4 No refunds of any kind will be due on account of termination or suspension of access under clause 12.1 or 12.2.
12.5 No action we take under clause 12.1 or 12.2 will limit our right to bring further legal action in respect of any breach of these terms.
13. Termination (general)
13.1 Any money due and any permission to store and process data will survive termination of contracts.
14. Acceptable use policy
14.1 You may not under any circumstances use the service in a way that interferes with its normal operation or that prevents the enjoyment of the service by others.
14.2 We reserve the right to limit your access to a reasonable level.
14.3 You may access content only interactively through the service. You may not access our content any other way. In particular, you may not use any form of automated tool that systematically downloads content. (For the avoidance of doubt, this clause is not intended to restrict any legitimate use of accessibility aids, for example the use of screen magnifiers by people with limited vision.)
16. Limitation of liability
16.1 Nothing in these terms will limit our liability in the event of death or personal injury that is our fault, nor will anything in these terms restrict your statutory rights.
17.1 These terms are governed by English law.
17.2 Section titles within this document are purely for information and do not form part of any contract.
These terms were last updated on 15 May 2017.
Dance Futures Limited is registered in England and Wales (number 7346178).
Registered address: 115c Milton Road, Cambridge, CB4 1XE, UK.