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Twinkle Star Dance™ Terms of Use

TWINKLE STAR DANCE™ TERMS AND CONDITIONS
Effective January 1, 2012
Updated March 20, 2014

This document (the "Agreement") is a legal contract between you and Twinkle Star Dance™ ("Twinkle Star Dance™") that governs your use of Twinkle Star Dance's online services available at http://www.twinklestardance.com (the "Service") whereby you will be granted the ability to view and stream various compositions (the "Videos") as performed by specific artists.

NOTICE
Twinkle Star Dance™ may from time to time modify these terms and will post a copy of the amended Agreement at http://www.twinklestardance.com/index/term_of_use. If you do not agree to (or cannot comply with) the Agreement as amended, your only remedy is to stop using the Service. You will be deemed to have accepted the Agreement as amended if you continue to use the Service after any amendments are posted.

AGE REQUIREMENT
You must be at least 18 years of age to agree to and enter into this Agreement on your own behalf and to register for use of the Service. Persons under the age of 18 may not register for this Service, and parents or legal guardians may not register on their behalf. By checking the box indicating your acceptance to this Agreement, you represent that (i) you have read, understood and agree to be bound by this Agreement and (ii) you are at least 18 years old entering into this Agreement for yourself, please be aware that you are fully responsible for use of the Service, including all financial charges and legal liability that you may incur. If you do not agree to (or cannot comply with) any of these terms and conditions, do not check the acceptance box and do not attempt to access the Service.

REGISTRATION
To use the Service, you must register and provide certain information, including a member username, a password and a valid email address ("Registration Data"). You agree to provide accurate Registration Data and to update your Registration Data as necessary to keep it accurate.
You agree that you will not allow others to use your member username, password and/or account and you are solely responsible for maintaining the confidentiality and security of your account. You agree to notify Twinkle Star Dance™ immediately of any unauthorized use of your account. Twinkle Star Dance™ shall not be responsible for any losses arising out of the unauthorized use of your member username, password and/or account and you agree to indemnify and hold harmless Twinkle Star Dance™, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.

USE OF WEBCAST VIDEO STREAM
The recordings of the streaming video contained on this site are owned by Twinkle Star Dance™, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license the stream or other content to Twinkle Star Dance™ for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the stream is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any stream used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Twinkle Star Dance™ promptly of any such unauthorized use(s).

Usage Rules. Your access to and/or use of the video stream will be limited by the rules described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or the stream. Twinkle Star Dance™ reserves the rights to modify the Usage Rules at any time.

USE OF AUDIO/VIDEO PEFORMANCE DOWNLOADS
The recordings of the Audio Performance Downloads (APDs) and Video Performance Downloads (VPDs) contained on this site are owned by Twinkle Star Dance™, its business partners, affiliates and/or licensors, as applicable, and are protected by intellectual property laws. You agree that the content rights holders that license these downloads or other content to Twinkle Star Dance™ for use in the Service are intended third-party beneficiaries under this Agreement with the right to enforce the provisions that directly concern their content. You understand that your use of the downloads is subject to the Usage Rules discussed below. You may not authorize, encourage or allow any downloads used or obtained by you to be reproduced, modified, displayed, performed, transferred, distributed or otherwise used by anyone else. You agree to advise Twinkle Star Dance™ promptly of any such unauthorized use(s).

Usage Rules. Your access to and/or use of any downloads will be limited by the rules assigned to the downloads by Twinkle Star Dance™ ("Usage Rules") and described in this section. You may not attempt (or support others' attempts) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with any Usage Rules or downloads. Twinkle Star Dance™ reserves the rights to modify the Usage Rules at any time.
A "Purchased Download" is an Download that you may (1) download as many times within a 48 hour period from your purchase date (2) save to the hard drives of up to three of your personal computers and play back at any time, (3) burn to a CD five times and/or (4) transfer to a compatible portable device unlimited times and (5) will not be able to re-download any download six months after the date of purchase. Any security technology that is provided with a download is an inseparable part of it. If you have Purchased downloads, it is your responsibility not to lose, destroy or damage them. Twinkle Star Dance™ shall have no liability to you in the event of any such loss, destruction, or damage. You may purchase downloads on an individual basis.
You may transfer a Purchased download an unlimited number of times to portable devices that are compatible with the Service's Usage Rules and security requirements. Once you have transferred a Purchased download to a compatible portable device, you agree not to copy, distribute, or transfer it from that device to any other media or device.

A "Stream" is a performance that you play directly from and while you are logged on to the Service. You may play as many Streams as you like while your subscription is current. You may not attempt (or encourage others) to capture, copy, or download a streamed Song or Video. Twinkle Star Dance™ will count the number of times that you stream each Song for royalty accounting and analysis purposes.
The burning or transfer capabilities provided for herein shall not operate to waive or limit any rights of the copyright owners in downloads or any works embodied in them.
All rights not expressly granted to you in this Agreement are reserved to Twinkle Star Dance™ and/or its licensors.

Loss of Rights by Twinkle Star Dance™. Twinkle Star Dance™ may at any time lose the right to make certain downloads or streaming videos available. In such event, you will no longer be able to obtain these downloads or streaming videos.

Delivery of Products. On occasion, technical problems may delay or prevent delivery of Purchased downloads to you. Your sole remedy with respect to Purchased downloads that are not delivered will be either replacement of such products or refund of the price paid for such content, at Twinkle Star Dance™'s discretion.

Customer Support. Please direct any questions concerning the Client, the Service, billing and/or Usage Rules to info@twinklestardance.com.

CHARGES / BILLING
Agreement to Pay. You agree to pay for all streaming videos or Subscriptions that you purchase through the Service and Twinkle Star Dance™ may charge your credit card for any such payment(s). Twinkle Star Dance™ may, in its discretion, post charges to your credit card individually or may aggregate your charges with other purchases you make on the Service. You are responsible for keeping your account secure and confidential and you will be responsible for any charges that are incurred by any person through your account. All charges will be billed to the credit card you designate when you first make a purchase or incur a charge. If any of your billing information changes, you must update that information by emailing info@twinklestardance.com. All sales are final.

Right to Change Prices. All prices for products within the Service are subject to change by Twinkle Star Dance™ at any time.

Taxes. Prices quoted are generally inclusive of any applicable taxes, including sales taxes. Twinkle Star Dance™ reserves the right to change this policy at any time.

Financing. Contracts are paid in full upfront for a two year term or can be financed on approval of credit for the length of the total contract on 24 months. Payments will be made on the first of the month for 24 month payment option; the first and last month payment will be collected on the date of purchase of curriculums. Subscribers are offered an extension of credit they are offering dance studios the account cannot be.

Lapse in Payment. If a lapse in subscription payment occurs, all rights the subscriber has to the Service ends, the subscriber can no longer use the materials in any format, and must destroy them and certify to Twinkle Star Dance that their materials are destroyed. Twinkle Star Dance will collect the remaining balance on the contract in a one time payment with the balance paid in full.

Buyout. If a customer defaults on their monthly payment or no longer wishes to use the Service provided by Twinkle Star Dance they can pay a 50% buyout rate in full. At that time the customer will no longer have access to Twinkle Star Dance trademarks including logo, streaming videos, class descriptions, class lesson plans, etc. If a buyout amount is not agreed upon or paid in full, Twinkle Star Dance will send the account to a collection agency for the amount owed on the contract to be paid in full.

Electronic Contracts. You agree that any submissions you make for electronic purchases constitute your intent and agreement to be bound by the terms of and to pay for such purchases. To the extent that such electronic purchases are offered to you by a third party, you acknowledge that Twinkle Star Dance™ shall not be responsible or liable to you for the products or services purchased.

Termination of Contract. At the end of a two-year contract Users have three options regarding the Service:
1. Re-subscribe for whichever package you would like and pay the associated package amount upfront or in monthly installments. With this option you continue to have access to your current library of videos and receive new monthly updates.
2. Freeze what you have - videos, lesson plans - and not receive any new material and pay a $49 per month (licensing fee).
3. Terminate the subscription - at this point any material, images, logos, text, and class curriculum cannot be used. You must prove to Twinkle Star Dance that you are no longer using trademarked material by submitting new written lesson plans; removing our logos, text, and images from your website and social media pages; and submitting class video footage.