TERMS OF SERVICE
Date of Last Modification: Aug 5, 2022
Welcome to Real Dance, a global talent agency and marketplace and online training and performance platform. Real Dance’s website, apps, and other products and services (collectively the “Services”) are owned and operated by Real Dance Group Inc. (“us”, “we”, "RD", or “Real Dance”). As these Terms of Service (“Terms”) govern your use of Services, please read these Terms carefully, and contact us if you have any questions. By using our Services, you agree to be bound by these Terms, including the policies referenced in these Terms.
We may need to change, modify, add, or delete portions of these Terms at any time for diverse reasons. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised and/or notify you, either through the Services' user interface, in any form of notification or through other reasonable means and as required by applicable law. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms of Service.
Use of Real Dance Service
The Real Dance service, and any content viewed through our Service, can only be for your personal and non-commercial use. With your registration and any payment where relevant, we grant you a limited, non-exclusive, non-transferable, revocable license to access the Real Dance content and view your class(es), shows, or events through the Service. Except for Real Dance,’s express permission, no right, title, or interest shall be transferred to you. Real Dance, may revoke the permission at any time at its sole discretion. Upon such revocation, you must promptly destroy all contents downloaded or otherwise obtained through our Service, as well as copies of such materials, whether made in accordance with these Terms or otherwise.
- Definitions
An “Account User” refers to a signed-up user of Real Dance that does not have full access to the Paid Services provided by Real Dance. A “Membership Member” refers to a registered user of Real Dance paying monthly or yearly for full access to the online training courses or part of Services provided for registered "Membership Member" by Real Dance. A "Free Service" refers to a service that any "Account User" has full access to without paying any fee. A "Paid Service" refers to a service that requires a certain amount of fee payment."
- Account Sign up
You may be required to sign up with Real Dance in order to access and use certain features of the Service.
- Membership Registration
If you choose to register for the Real Dance "Membership" to enjoy membership benefits, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the membership registration form. Our Privacy Policy governs registration data and certain other information about you. If you are under 14 years of age, you may use the Service, only with the approval of your parent or guardian. Real Dance may revoke or refuse the registration of users under 14 years of age, who have not gone through the approval process of their legal guardians.
- Changes to Service
We are constantly changing and improving our Services. We may add or remove functions, features, or requirements, and we may suspend or stop any part of, or the Service altogether. In case of such changes, we will notify you 14 days ahead of the changes by posting the changes on this page, or by posting a notification or sending an email or other contact information that you have provided when registering for our Service. In such cases where individual notification is unavailable and the notice has been returned over twice, due to missing or modified user information, it will be considered that we have duly notified you according to these Terms.
- Obligation to Secure Account and Password
You should not use another's account, or provide another person with your username and password to access your account. You are fully responsible for any and all activities that occur under your password or account, and it is your responsibility to ensure that your password remains confidential and secure. You agree to (a) immediately notify Real Dance of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session when accessing the Service. Real Dance will not be liable for any loss or damage arising from your failure to comply with this Section.
- Service Use and Storage
You acknowledge that Real Dance may establish general practices and limits concerning the use of the Service, including without limitation the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Real Dance’s servers on your behalf. You agree that Real Dance has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Real Dance reserves the right to terminate accounts that are inactive for an extended period of time.
Conditions of Use
- User Conduct
You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (“User Content”) that you upload, post, publish or display (hereinafter, “upload”) or email or otherwise use via the Service. Real Dance reserves the right to investigate and take appropriate legal action against anyone who, in Real Dance’s sole discretion, violates this provision, including without limitation, removing any offensive or inappropriate User Content from the Service, suspending or terminating the account of such violators and reporting you to the law enforcement authorities.
Real Dance reserves a right to suspend or terminate any account or limit usages of the Services by any user who violates any provisions under these Terms or any other provisions which may apply under the applicable laws. Real Dance may take other appropriate measures including, but not limited to, requesting you to remove any or all of the User Content which may violate any provisions under these Terms or any other relevant applicable laws such as Act on Promotion of Information and Communications Network Utilization and Information Protection, etc., and Copyright Act.
- Purchase of Paid Services
Registration for your account at Real Dance is free of charge. And services offered to the registered users are categorized into “Free Services” that are provided free of charge and include but are not limited to, selected on-demand courses for a duration of a specific period or without a time limit. “Paid Services” are provided for fees and include, but are not limited to, all "Services" other than "Free Services". In order to use the Paid Services, you will be required to select a payment plan and provide Real Dance information regarding your credit card or other payment instruments designated by Real Dance. You are responsible for paying all fees and applicable taxes in a timely manner with a payment mechanism associated with the applicable Paid Services. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms. Fees may vary based on your location and other factors, and Real Dance reserves the right to change any fees at any time at its sole discretion. Any change, update, or modification will be effective immediately upon posting through the relevant Services. Refunds may be available for the Paid Services as described in our Refund Policy. Services that are categorized as “Free Services” and “Paid Services” are subject to change.
- Refund Policy
Users who purchased "Paid Service" but have not accessed the purchased service can request Real Dance at support@real.dance for a refund within 24 hours after the purchase. The refund amount is the paid fee less any transactional costs or penalties charged by the payment gateway or the third parties involved in the refund.
However, there is no refund for the cancellation of the paid membership, and the membership benefits remain for the rest of the period.
Intellectual property rights
- User Content
Real Dance respects the intellectual property rights of our users, participating institutions, and other third parties and expects our users to do the same when using the Services. You retain all intellectual property rights and are responsible for, the User Content you share. While Real Dance holds the right to display the content within our Service, we will not use User Content for any other purposes without the user’s written consent.
- Real Dance Service Content, Software, and Trademarks
The Real Dance’s name, logos, the technology and software underlying the Service or distributed in connection therewith, and all contents or features provided by the Service (“Service Content”) provided by Real Dance are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Real Dance, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Nothing in these Terms or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Real Dance’s intellectual properties displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Real Dance’s intellectual properties will inure to our exclusive benefit.
- Third-Party Material
Under no circumstances will Real Dance be liable in any way for any content or materials of any third parties (including User Contents), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Real Dance does not pre-screen content, but that Real Dance and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Real Dance and its designees will have the right to remove any content that violates these Terms or is deemed by Real Dance, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Third-Party Websites
The Service may provide, or third parties may provide, links or other access to other sites and resources on the internet. Real Dance has no control over such sites and resources and Real Dance is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Real Dance will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Real Dance is not liable for any loss or claim that you may have against any such third party.
Health Disclaimer
Dancing, in all of its forms and moves that may be suggested by a Real Dance instructor, is a strenuous physical activity. Accordingly, you are urged and advised to seek the advice of a physician before learning the choreography/moves shown in any of the video clips on the Website. Real Dance is not a medical organization and its instructors or staff cannot give you medical advice or diagnosis.
All suggestions and comments relating to the moves and choreography are not required to be performed by you and are carried out at your election while viewing Real Dance videos. Nothing contained on the Website should be construed as any form of such medical advice or diagnosis. By using the Website you represent that you understand that physical exercise involves strenuous physical movement and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Real Dance, you will not exceed your limits while performing such activities, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You understand that from time to time instructors may suggest physical adjustments or the use of the equipment and it is your sole responsibility to determine if any such suggested adjustment or equipment is appropriate for your level of ability and physical and mental condition. You expressly waive and release any claim that you may have at any time for injury of any kind against Real Dance, or any person or entity involved with Real Dance, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates, and representatives.
Indemnification
To the fullest extent permitted by law, you agree to release, indemnify and hold Real Dance and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, and expenses, including reasonable attorneys‘ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Service, any User Content, your connection to the Service, your violation of these Terms of Service or your violation of any rights of another.
Disclaimer
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED HEREIN, REAL DANCE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
REAL DANCE MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, REAL DANCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY PARTY OTHER THAN REAL DANCE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR INFORMATION.
Governing Law and Jurisdiction
These Terms, your performance under them, and any disputes arising under them will be governed exclusively by the laws of the Republic of Korea, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of the Republic of Korea in any and all actions, disputes, or controversies relating to this agreement.
These Terms and any posted rules on our website constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Real Dance of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Our agreement will be binding upon and inure to the benefit of Real Dance and its successors, trustees, and permitted assignees. We may assign this agreement or any of its rights or obligations under these Terms.
Questions or Suggestions
Please contact us at 10, Gangnam-daero 51-gil, B1F, Seocho-gu, Seoul, Republic of Korea, or support@real.dance to report any violations of these Terms or to pose any questions regarding these Terms or the Service.