Essence of Bellydance
by Coco
Dance from the inside out
Fall in love with every inch of your body
Dance yourself lean, flexible and strong
Thank you for choosing ESSENCE OF BELLYDANCE™ Online. By signing up or otherwise using the ESSENCE OF BELLYDANCE™ Online service, websites and software applications (together “ESSENCE OF BELLYDANCE™ Online”) you are entering into a binding contract with Coco Berlin.
Your agreement with us includes these Terms and Conditions of Use and our Privacy Policy. (The Terms, Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, are referred to together as the “Agreements”). You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with the Agreements, then you may not use the ESSENCE OF BELLYDANCE™ Online Service or consume any Content.
In order to use ESSENCE OF BELLYDANCE™ Online and access the Content, you need to
(1) be 18 or older, or be 14 or older and have your parent or guardian’s consent to the Agreements,
(2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and
(3) be resident in a country where the Service is available.
You also promise that any registration information that you submit to ESSENCE OF BELLYDANCE™ Online is true, accurate, and complete, and you agree to keep it that way at all times.
You use ESSENCE OF BELLYDANCE™ Online at your own risk. There are inherent risks in any exercise program. We therefore recommend that you see your physician before beginning the ESSENCE OF BELLYDANCE™ Online exercise program. All suggestions and or comments relating to the use of moves, equipment, poses, and instruction are not required to be performed by you and are carried out at your election while viewing ESSENCE OF BELLYDANCE™ videos. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.
By using ESSENCE OF BELLYDANCE™ Online you agree that you understand that the practice of belly dance and/or fitness training involves strenuous physical movement and physical and mental exercise, and that such practice carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for practicing belly dance and/or any fitness training. It is your responsibility to ensure that by participating in classes and activities from ESSENCE OF BELLYDANCE™ Online, you will not exceed your limits, 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 agree that, from time to time instructors may suggest physical movements, adjustments and/or the use of 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 ESSENCE OF BELLYDANCE™ Online, or any person or entity involved with ESSENCE OF BELLYDANCE™ Online, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.
ESSENCE OF BELLYDANCE™ Online provides streaming services offering a selection of dance videos and other content. Certain ESSENCE OF BELLYDANCE™ Online services are provided to you free-of-charge, referred to as “Free Services”. Other ESSENCE OF BELLYDANCE™ Online services require payment before you can access them, referred to as “Paid Services”.
From time to time, we or others on our behalf may offer trials of Paid Services for a specified period without payment or at a reduced rate. Coco Berlin reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
The ESSENCE OF BELLYDANCE™ Online Service and the Content are the property of Coco Berlin. We grant you a limited, non-exclusive, revocable licence to make use of the ESSENCE OF BELLYDANCE™ Online Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, entertainment use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or Coco Berlin. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the ESSENCE OF BELLYDANCE™ Online Service or the Content. The ESSENCE OF BELLYDANCE™ Online software applications and the Content are licensed, not sold, to you, and Coco Berlin retains ownership of all copies of the ESSENCE OF BELLYDANCE™ Online software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).
All ESSENCE OF BELLYDANCE™ trademarks, service marks, trade names, logos, domain names, and any other features of the ESSENCE OF BELLYDANCE™ brand are the sole property of Coco Berlin. The Agreements do not grant you any rights to use any EESSENCE OF BELLYDANCE™ Brand Features whether for commercial or non-commercial use.
Except for the rights expressly granted to you in these Agreements, Coco Berlin grants no right, title, or interest to you in the ESSENCE OF BELLYDANCE™ Service or Content.
The ESSENCE OF BELLYDANCE™ Online Service uses third party applications, websites, and services (“Third Party Applications”) to make our services available to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Coco Berlin does not endorse and is not responsible or liable for the behavior, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.
ESSENCE OF BELLYDANCE™ Online users may post, upload, and/or contribute (“post”) content to the Service (which may include, for example, pictures, text, messages, information, and/or other types of content).
You promise that, with respect to any User-Generated Content you post on ESSENCE OF BELLYDANCE™ Online,
(1) you have the right to post such User-Generated Content, and
(2) such User-Generated Content, or its use by Coco Berlin as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by Coco Berlin or any entity or individual without express written consent from such individual or entity.
Coco Berlin may, but has no obligation to, monitor, review, edit or delete User Content. Coco Berlin may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Coco Berlin is not responsible for User Content nor does she endorse any opinion contained in any User Content.
You agree that if anyone brings a claim against Coco Berlin related to user content that you post, then, to the extend permissible under local law, you will indemnify and hold Coco Berlin harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of such claim.
In consideration for the rights granted to you under the Agreements, you grant us the right
(1) to allow the ESSENCE OF BELLYDANCE™ Online Service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of the Service,
(2) to provide advertising and other information to you, and
(3) to allow our business partners to do the same.
In any part of the ESSENCE OF BELLYDANCE™ Service, the Content you view, including its selection and placement, may be influenced by commercial considerations, including agreements with third parties.
If you provide feedback, ideas or suggestions to Coco Berlin in connection with the ESSENCE OF BELLYDANCE™ Service or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Coco Berlin to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Coco Berlin a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreements plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Coco Berlin will make reasonable efforts to keep the ESSENCE OF BELLYDANCE™ Online Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Coco Berlin reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the of Bellydance Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the ESSENCE OF BELLYDANCE™ Service or any function or feature thereof.
Notwithstanding the foregoing, if an ESSENCE OF BELLYDANCE™ Service purchased by you discontinues permanently, we will offer the entire content for you to download for a period of four weeks. After this time period Coco Berlin is free of all liabilities. You understand, agree, and accept that Coco Berlin has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. Coco Berlin and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.
Paid Services can be (1) purchased by pre-payment or (2) subscribed to by paying a monthly subscription fee.
If you buy our Paid Services, the following rights of withdrawal apply:
You have the right to withdraw from this contract within fourteen (14) days after your purchase for any or no reason.
If you wish to receive a full refund before the termination of the withdrawal period, you must state your withdrawal clearly via email to service@essencebellydance.com). To meet the withdrawal deadline, it is sufficient that you send your statement of withdrawal before the termination of the withdrawal period.
If you withdraw from the contract we have to refund you within 14 days after we received your withdrawal statement.
However, if you cancel your payment and/or terminate any of the Agreements
(1) after you have accessed ESSENCE OF BELLYDANCE™ during the withdrawal period, or
(2) after the withdrawal period is over (where applicable), we will not refund any fees already paid to us.
If you choose to subscribe to ESSENCE OF BELLYDANCE™ Online, your payment to Coco Berlin will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription before the end of the current subscription period. The cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the Free Service.
The Agreements will continue to apply to you until terminated by either you or Coco Berlin. However, you acknowledge and agree that the perpetual licence granted by you in relation to User Content, including Feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. Coco Berlin may terminate the Agreements or suspend your access to the ESSENCE OF BELLYDANCE™ Online Service at any time, including in the event of your actual or suspected unauthorised use of the of Bellydance Service and/or Content, or non-compliance with the Agreements. If you or Coco Berlin terminate the Agreements, or if Coco Berlin suspends your access to the OF BELLYDANCE™ Online Service, you agree that Coco Berlin shall have no liability or responsibility to you and Coco Berlin will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law. You can terminate your ESSENCE OF BELLYDANCE™ account by writing an email to service@essencebellydance.com. This section will be enforced to the extent permissible by applicable law.
If you have purchased an ESSENCE OF BELLYDANCE™ Online service with lifelong access and the service will be discontinued by us, we will provide all the content you have purchased for a period of 4 weeks to download. After this period, Coco Berlin shall have no liability or responsibility to you.
You can cancel your subscription at any time via email to service@essencebellydance.com. The termination shall take effect on the day following the last day of your current paid subscription period and you will be downgraded to the free service.
You can instruct us to delete your account at any time via email to service@essencebellydance.com. With the deletion of your account Coco Berlin shall have no liability or responsibility to you.
This section as well as any other sections of the Agreements that, either explicitly or by their nature, must remain in effect even after termination of the Agreements, shall survive termination.
To use ESSENCE OF BELLYDANCE™ Online you need
a) an current Internet Browser like for example Mozilla Firefox, Internet Explorer 10/11, Microsoft Edge, Apple Safari or Google Chrome
b) a broadband internet connection with minimum 1 Mbit download speed
c) Furthermore you need to allow your browser the use of Javascript and Cookies.
Technical problems may occur in individual cases. Contact our customer support at service@essencebellydance.com and we will help you.
We endeavor for providing the best service possible. Since we have no influence on the transport of data over the internet outside our own server, we can accept no liability for errors in data transmission.
We strive to provide the widest possible availability of ESSENCE OF BELLYDANCE™ online on the internet, but can, for technical reasons (server backup, maintenance, etc.) not guarantee a permanent flawless availability. Our video streaming is handled by third party services. Interruptions are possible. Accordingly, we accept no liability for damage resulting from a temporary unavailability or only party unavailability. We expect at least 95% availability of our services throughout the year. Not included are times, in which the web server (force majeure, third party faults, etc.) can not be reached on the internet due to technical or other problems that are not within our control.
You understand and agree that the EESSENCE OF BELLYDANCE™ service is provided “as is” and “as available”, without express or implied warranty or condition of any kind. You use the ESSENCE OF BELLYDANCE™ service at your own risk. To the fullest extend permitted by applicable law, Coco Berlin makes no representations and disclaim any warranties or conditions or satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Coco Berlin does not warrent that the ESSENCE OF BELLYDANCE™ service is free of malware or other harmful components. In addition, Coco Berlin makes no representation nor does she warrant, endorse, guarantee, or assume repsonsibility for any third party applications (or the content thereof), user content, or any other product or service advertised or offered by a third party on or through the ESSENCE OF BELLYDANCE™ service or any hyperlinked website, or featured in any banner or other advertising. You understand and agree that Coco Berlin is not responsible or liable for any transaction between you and third party providers of third party applications or products or services advertised on or through the of ESSENCE OF BELLYDANCE™ service. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. No advice or information whether oral or in writing obtained by you from Coco Berlin shall create any warranty on behalf of Coco Berlin in this regard. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
This does not affect your statutory rights as a consumer.
You agree that, to the extend permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the ESSENCE OF BELLYDANCE™ software and to stop using the ESSENCE OF BELLYDANCE™ service.
While Coco Berlin accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extend permitted by applicable law, your sole and exclusive remedy, as with respect to Coco Berlin, for any problems or dissatisfaction with third party applications or the content thereof, is to stop using any such third party applications.
To the fullest extend permitted by law, in no event will Coco Berlin, her employees, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for
(1) any indirect, special, incidental, punitive, exemplary, or consequential damages;
(2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the ESSENCE OF BELLYDANCE™ service, third party applications, or third party application content, regardless of legal theory, without regard to whether Coco Berlin has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or
(3) aggregate liability for all claims relating to the ESSENCE OF BELLYDANCE™ service, thrid party applications, or third party application content more than the amounts paid by you to Coco Berlin during the prior twelve months in question, to the extend permissible by applicable law.
Nothing in the Agreements removes or limits Coco Berlin’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
Other than as stated in this section or as explicitly agreed upon in writing between you and Coco Berlin, the Agreements constitute all the terms and conditions agreed upon between you and Coco Berlin and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.
Please note, however, that other aspects of your use of the ESSENCE OF BELLYDANCE™ Service may be governed by additional agreements. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
Any failure by Coco Berlin or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive Coco Berlin’s or the applicable third party beneficiary’s right to do so.
Coco Berlin may assign the Agreements or any part of them, and Coco Berlin may delegate any of her obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.
To the fullest extent permitted by applicable law, you agree to indemnify and hold Coco Berlin harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of:
(1) your breach of this Agreement;
(2) any User Content;
(3) any activity in which you engage on or through the ESSENCE OF BELLYDANCE™ Service; and
(4) your violation of any law or the rights of a third party.
Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by contacting us through email at service@essencebellydance.com
The Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the Federal Republic of Germany.
If you have questions concerning ESSENCE OF BELLYDANCE™ Online or these Agreements, please contact our customer care at service@essencebellydance.com
Contracting Entity:
Coco Berlin International, AAA Group
Avenida Lucio Diaz Flores Feo 20
38639 Las Chafiras, Santa Cruz de Tenerife
Spain
© Coco Berlin