Terms of Service - Organisers
These are our terms and conditions, that apply to everyone who owns and/or is given access to an Organiser account on DanceCloud.
Last Updated: Friday 25 May 2018
DanceCloud is a dance event ticketing and management service - owned and operated by Cloud Creativity Limited. Our aim is simple: make organising dance events easy, so you have more time to teach and more time to dance.
Acceptance of Terms
The following terms and conditions (‘Terms of Service – Organisers’, ‘Terms’) apply to you and your use of DanceCloud as an organiser (as defined below). These Terms apply when you visit or use any service available through DanceCloud’s website, domain or subdomains (collectively known as ‘the Service’) as an organiser. The Service is owned and operated by Cloud Creativity Limited (‘Cloud Creativity’, ‘we’, ‘us’ and/or ‘our’) and is offered for your use subject to your acceptance of all the terms and conditions in these Terms, in whole and without modification, and in conjunction with all other operating procedures and policies (collectively ‘Other Policies’) that may be published from time to time by the Service.
By using or accessing any part of the Service, you agree to all the terms and conditions herein and all Other Policies published by the Service. If you do not agree with any such terms or conditions, you should not access the Service.
Cloud Creativity reserves the right, at any time and at its sole discretion, to modify or replace any terms and conditions contained herein. It is your responsibility to check these Terms for changes. Your continued use of the Service following the posting of any changes to these Terms will constitute your acceptance of the modified Terms. If you do not agree with any changes to the Terms, you should immediately cease accessing, viewing and using all parts of the Service.
Terms of Service - Dancers
All users and visitors of the Service (referred to as ‘Dancers’) are subject to the Terms of Service – Dancers. You must have a registered User account to create or be given access to an Organiser account. The terms of service contained herein apply in addition to the Terms of Service – Dancers.
Description of DanceCloud
DanceCloud (the ‘Service’) provides organisers of dance events (‘Organisers’) tools to plan, manage and sell tickets for their events. This includes the collection of payments for these tickets via a third-party payment facilitator called Stripe. Users of the service (‘Dancers’) can visit an Organiser’s public ticket office (‘Ticket Office’) to view events and book to attend them. Users of the Service can also be given access to an Organiser’s account, and can access, view and/or edit the Organiser’s data subject to their access controls.
The event tools provided by the Service are divided as follows:
- Services for event registration, including but not limited to collecting payments for tickets, managing event registrations and sale of registrations in a controlled manner using wait-listing. Collectively these tools are referred to as ‘Event Registration Tools’. These tools are available for Organisers to use without any subscription or access fees, subject to a ticket booking fee being collected on each ticket sold through the Service.
- Tools for advanced event management, including but not limited to door sales, event cash flow management, advanced performance management and other tools. Collectively these tools are referred to as ‘Additional Event Management Tools’. These tools are only available to Organisers who pay a subscription fee for the Service, which applies in addition to the ticket booking fee collected for use of the Event Registration Tools.
Registering as an Organiser
To register as an Organiser on the service you must already be registered as a Dancer on the Service. Organiser accounts are separate entities to Dancer accounts, and are owned by a specific Dancer.
By registering to use the Service as an Organiser, you agree to:
- provide true, accurate, complete and current information as requested by the Organiser registration process (the ‘Registration Data’); and
- maintain and provide updated information to keep the Registration Data current.
To register as an Organiser on the Service, you must be an active organiser of dance events and need to use the Service to assist in delivering such events. If the Organiser account relates to a specific business, corporate, charitable or other legal entity, you must legally represent that entity and/or be empowered by representatives of that entity to register the account on its behalf.
If you organise dance events as an individual, you must still register as an Organiser to use the Service as an organiser.
If you provide any untrue, inaccurate or incomplete Registration Data, or if we have reason to believe that any of the Registration Data is untrue, inaccurate or incomplete, we reserve the right to suspend the Organiser account and refuse your organisation access and/or future access to the Service.
When registering as an Organiser on the Service, you must provide a unique account name. This is used to identify your account both by us and when providing references to Dancers interacting with the Service. For instance, if your account name is wedance, the Service will use that account name when generating Unique Reference Identifiers (URIs) to your events, including but not limited to, sub-domain addresses e.g. wedance.dancecloud.com.
When choosing an Organiser account name, you must provide a name that is easily recognisable by Dancers as the entity under which you organise dance events. For example, but not limited to, the legal company or organisation name under which you trade. In choosing an account name, you confirm that you have the right to use that name, including but not limited to, any legal ownership of the name such as trademark registrations.
We reserve the right to modify your account name should there be any reasonable doubt about your ownership of that name, any confusion caused by using that name, or for any other reason.
Cloud Creativity may provide you with the right to use a sub-domain within the Service (e.g., [accountname].dancecloud.com). All such sub-domains are the sole property of Cloud Creativity. In the event we provide you with a sub-domain, your right to use such sub-domain may be terminated by us at any time (with or without notice) for any reason or no reason.
Use of the Service
Cloud Creativity hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating and managing dance events, and collecting payments for event registrations (through the sale of tickets), subject to these Terms and to the extent permitted under all applicable laws and regulations.
You shall not, and shall not permit anyone else to, directly or indirectly:
- modify, reproduce or otherwise create derivatives of any parts of the Service;
- reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organisation of all or any part of the Service;
- remove or alter any proprietary notices or labels on or in the Service or its content; or
- engage in any activity that interferes with or disrupts the Service.
Role Based Access Control
Access to your Organiser account is controlled using a Role Based Access Control (‘RBAC’) model.
Collectively these roles are referred to as Organiser Delegates. The roles are as follows:
- The current owner of an Organiser account (‘Owner’). This is either the User who registered the account or a Dancer to which control of the account has been transferred. An Owner can access and modify all information within the account.
- An accessor of an Organiser account (‘Accessor’). This is a registered User who has been granted access to all the information in an Organiser account by the Owner or another Accessor. Accessors can be given either read/write access, or read-only access to the account.
- A User who has been given limited access to an Organiser account (‘Member’). Access is limited by the function that the Member undertakes for an Organiser. For example, a Member who is a door person for a specific event can access details of who has booked to attend that event and can submit door sales information.
We are not liable for any direct, indirect, incidental, special, consequential or exemplary damages caused by a User who has been given access to your Organiser account, whether as an Accessor or a Member. Ultimate responsibility for all conduct by Organiser Delegates who have access to an Organiser account rests with the account Owner.
Payments Using Stripe
When Dancers pay for your event services through DanceCloud, they make payment directly to your Stripe account. At no point do we receive payment funds. Stripe removes any fees due to DanceCloud from the transaction (see below) and transfers these to us separately.
Fees and Subscriptions
Event Registration Tools are free for any Organiser account to use, subject to a ticket booking fee being collected on every ticket sold. The Service provides Organisers with the option of passing this fee on to Dancers, or it being included within the ticket price set by Organisers. This fee is in addition to Stripe’s fee that applies to each transaction charged to a credit/debit card (regardless of the number of tickets being purchased). Stripe’s fee cannot be passed on to Dancers and will always be taken from the amount charged to a credit/debit card.
Additional Event Management Tools are any tools that are not necessary for the successful sale of tickets and management of ticket sales through the Service. As such, they are only available to Organiser accounts that pay a subscription fee, or at our discretion. Access to these tools will only be provided as long as there is an active subscription and will be revoked if said subscription lapses.
It is your responsibility as an Organiser to communicate your refund and cancellation policy to Dancers through the Service. The Service provides you with the ability to define your refund and cancellation policy, and makes this policy available to Dancers within your public-facing ticket office. It is also your responsibility to issue or otherwise any refunds to Dancers, and you are responsible for any chargebacks or payment disputes.
All communication regarding refunds and/or cancellations are between the Dancer and the Organiser and Cloud Creativity will not be responsible or liable for any refunds, errors in issuing refunds, or lack of refunds in connection with the Service.
You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Service and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. Cloud Creativity cannot give you legal or tax advice, so please be sure to check with your own tax adviser about any applicable Taxes. In the event that a governmental authority requires Cloud Creativity to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse us for such Taxes and all costs and expenses related thereto.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by us in connection with the Service is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. We may own the content of the Service or portions of it may be made available to us through arrangements with third parties. You may not use the content for any purpose unless expressly authorised by us in writing.
You acknowledge and agree that if you contribute, provide or make available any content to the Service ("Organiser Content"), you hereby grant to Cloud Creativity Limited a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and licence to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Organiser Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing licence, and that all Organiser Content does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations. In addition, Your Content must be accurate and truthful. We reserve the right to remove any Organiser Content from the Service at any time if we believe that it does not comply with these Terms.
In addition, you agree that we may use your name and logo (whether or not you have made it available through the Service) for the purpose of identifying you as an existing or past customer of DanceCloud both on the Service and in marketing and promotional materials.
Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis and to the fullest extent permitted by law, we make no warranties, express or implied, in relation to your use of the Service including, but not limited to, security, warranties of title, fitness for a particular purpose, merchantability and non-infringement of proprietary or third party rights. We make no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We accept no liability in respect of, the loss of any or all the data that you upload to our site. You are therefore strongly advised to keep copies of any data that you upload onto the Service.
We make no warranty that
- the Service will meet your requirements;
- the Service will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use the Service will be accurate or reliable;
- the quality of any information obtained by you through the Service will meet your expectations; and
- any errors in the software will be corrected.
Any material downloaded or otherwise obtained through your use of the Service is done at your own discretion and risk and you are solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you through or from the Service shall create any warranty not expressly stated in these Terms.
Cloud Creativity Limited reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
You shall indemnify Cloud Creativity Limited, its officers, directors, employees, partners and agents, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, which we incur resulting from your use of the Service including, but not limited to any material which infringes the proprietary or intellectual property rights of any third party.
We shall notify you promptly of any such claim, action or demand as described above and shall provide you with reasonable assistance, at your expense, in defending any such claim, suit or proceeding.
Limitation of Liability
Your use of the Service is at your own risk. If you are dissatisfied with any of the content or the service or with these Terms or any other rules or policies, your sole remedy is to discontinue use of the Service.
We shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, whether in an action of contract or tort, including, but not limited to, damages for loss of profits (even if we have been advised of the possibility of such damages), resulting from the use or the inability to use the Service; unauthorised access to or alteration of your data; or any other matter relating to the Service.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of this section may not apply to you.
We may, at our discretion, terminate your Organiser account (or any part of your account) or use of the Service, and remove and archive or discard any content within the Service for any reason or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. We may also in our sole discretion and at any time stop providing the Service, or any part of it, with or without notice. You agree that any termination of your access to the Service under any provision of these Terms may take place without prior notice, and you agree that we may immediately deactivate, archive or delete your account and all related information and files in your account and/or prevent any further access to such files or the Service. We shall not be liable to you or any third-party for any termination of your access to the Service.
DanceCloud is a registered community Trademark. Without our permission, you shall not display or use in any manner the DanceCloud trademark.
These Terms together with our Other Policies constitute the entire agreement between us in relation to your use of the Service.
All legal issues arising from or related to the use of the Service shall be construed in accordance with and determined by the laws of England. By using the Service, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of the Service is the English courts.
If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.