BURN NATION

TERMS & CONDITIONS

Welcome to Burn The Floor's - Burn Nation!

 

Burn The Floor's "Burn Nation' has been created to provide you with online fitness workouts and dance programs taught by Burn The Floor dancers around the world.

 

Burn Nation is owned by Burn The Floor and these Terms & Conditions of Use (this “Agreement”) apply to all of the online and physical services by Burn Nation. Please note that the availability of any Burn Nation application on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Burn Nation and such social networking site, mobile or tablet device, or internet television or other technology platform.

 

PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING AND PARTICIPATING IN ANY BURN NATION SERVICE.

 

 

1. Acceptance of Terms

 

This Agreement states by using any service carried out by Burn The Floor, you agree to be bound by this Agreement, whether you are a “Visitor” or you are a “Member” (which means that you have registered on this website). If you do not accept the terms of this Agreement, you should not purchase any service provided by Burn The Floor. This agreement may be updated at discretion of Burn The Floor and such modification shall be effective upon its posting. You agree to be bound by any modification to this Agreement when purchasing any session via this website on that respective date.

 

 

3. Health Disclaimer

 

Dancing, and participating in Physical Activity in all forms and moves that may be taught by Burn The Floor dancers throughout Burn Nation's Zoom meetings will often challenge the body. You are urged and advised to seek the advice of a physician before learning the choreography/moves that will be used in the sessions. Burn The Floor/Burn Nation is not a medical organisation and its instructors, site admin and staff cannot give you medical advice or diagnosis. 

 

All moves and physical activity executed and carried out throughout Burn Nation sessions are to be carried out at your election. By agreeing to these conditions you agree that Burn Nation / Burn The Floor take no responsibility for any injuries/sickness or medical situation that may arise during or after the session you have purchased and participated in. 

 

 

4. Minors

 

All minors attending this class must be supervised by a guardian over the age of 18. Burn The Floor takes no responsibility for minors participating without guardian supervision. 

 

 

6. Prohibited Conduct

 

You agree not to use the Service to post or otherwise transmit information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that: is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; exploits people in a sexual or violent manner; contains nudity, violence, pornography, sexually explicit material or offensive subject matter; provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own; promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorised copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses; solicits passwords or personal identifying information from other Members; involves commercial activities and/or sales without Burn Nation / Burn the Floor’s prior written consent, such as contests, sweepstakes, barter, advertising, and/or pyramid schemes; includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an invasion of an individual’s privacy or infringement of publicity rights; denigrates, ridicules, or demeans another person; or contains a virus or other harmful component.

 

You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Burn Nation / Burn the Floor servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

 

 

7. Responsibility for Content

 

You, and not Burn Nation / Burn the Floor, are entirely responsible for all Content that you post, email, transmit or otherwise make available via the Website. Burn Nation / Burn the Floor does not control the Content posted via the Website and, as such, we do not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that you deem offensive, indecent or objectionable. Under no circumstances will Burn Nation / Burn the Floor be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred at any time as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

 

 

8. Rejection/Removal of Content

 

You acknowledge that Burn Nation / Burn the Floor may or may not pre-screen Content posted on the Website, that Burn Nation / Burn the Floor is not responsible for behaviour or comments of teachers and/or students and/or music on the Website, but that Burn Nation / Burn the Floor shall have the right (but not the obligation) in its sole discretion to pre-screen, edit, refuse, or remove any Content or portion thereof that is available via the Service, for any reason. Without limiting the foregoing, Burn Nation / Burn the Floor shall have the right to remove from the Website any Content that violates this Agreement or is otherwise objectionable in the sole discretion of Burn Nation / Burn the Floor.  If you become aware of misuse of the Service by any person, please contact Burn Nation / Burn the Floor.

 

 

9. Termination or Suspension of Account

 

You agree that Burn Nation / Burn the Floor may at any time and for any reason, including a period of account inactivity, terminate your access to Burn Nation / Burn the Floor Services, or restrict or suspend your access to all or any part of the Service at any time, for any or no reason, with or without prior notice, and without liability.

 

 

10. Preservation/Disclosure

 

You acknowledge, consent and agree that Burn Nation / Burn the Floor may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process nationally or internationally; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; (e) protect the rights, property or personal safety of Burn Nation / Burn the Floor, its Members and the public; or (f) pursuant to the terms of the Privacy Policy.

 

 

11. Security Components

 

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Burn Nation / Burn the Floor and/or content providers who provide content to Burn Nation / Burn the Floor. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

 

 

12. Proprietary Rights

 

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Burn Nation / Burn the Floor  or by third parties that have licensed or otherwise provided their material to Burn Nation / Burn the Floor. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Burn Nation / Burn the Floor prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorised attempt to modify any Material, to defeat or circumvent any security features, or to utilise the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

 

 

13. Non-commercial Use

 

The Service may not be used in connection with any commercial purposes, except as specifically approved by Burn Nation / Burn the Floor. Unauthorised framing of or linking to any of the Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles and Content without notice and may result in termination of membership privileges.

 

 

14. License to Your Content

 

By posting, displaying, publishing, transmitting, or otherwise making available (individually and collectively, “Posting”) any Content on or through the Website or the Service, you hereby grant to Burn Nation / Burn the Floor a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license (with the right to sublicense through unlimited levels of sublicensees) to use, copy, modify, adapt, translate, create derivative works, publish, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such Content on and through the Website, in print, or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Service, your ability to do so may depend on the type of Content, the location and manner of Posting, and other factors. You may contact us to request the removal of certain Content you have Posted, but Burn Nation / Burn the Floor has no obligation to remove any such Content, may choose whether or not to do so in its sole discretion, and makes no guarantee as to the complete deletion of any such Content and copies thereof. Notwithstanding the foregoing, a back-up or residual copy of any Content Posted by you may remain on Burn Nation / Burn the Floor’s servers after the Content appears to have been removed from the Website, and Burn Nation / Burn the Floor retains the rights to all such remaining copies. You represent and warrant that: (a) you own all right, title and interest in all Content posted by you on or through the Website or the Service, or otherwise have the right to grant the license set forth in this section, and (b) the Posting of your Content on or through the Website or Service does not violate the privacy rights, publicity rights, copyrights, publishing, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.

 

 

15. Burn Nation / Burn the Floor and Third Parties

 

Our Website contains Content of Burn Nation / Burn the Floor, and Content of third party licensors to Burn Nation / Burn the Floor (including content provided by users of the Website, as described above), which is protected by copyright, trademark, patent, trade secret and other laws. Burn Nation / Burn the Floor owns and retains all rights, title and interest in the Burn Nation / Burn the Floor Content. Burn Nation / Burn the Floor hereby grants to you a limited, revocable, non-sublicensable license to Stream and/or view the Burn Nation / Burn the Floor Content and any third party Content located on or available through the Website or Service (excluding any software code therein as set forth above) solely for your personal, non-commercial use in connection with viewing the Website and using the Service. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any Content appearing on or through the Website or Service.

 

Any dealings with third parties included within or on the Website involving the delivery of and payment for goods and services, or any other terms, conditions, warranties, or representations associated with such third parties, are solely between you and that third party. Burn Nation / Burn the Floor  is neither responsible nor liable for any part of such dealings or promotions. Any reference to any third party or the products or services of any third party on the Website does not constitute an endorsement or recommendation of such third party or the product or services of such third party by Burn Nation / Burn the Floor or any of its employees, officers, independent contractors, agents or other representatives. Any reference to any third party on the Website is provided to you for informational purposes only. Burn Nation / Burn the Floor encourages you to conduct your own research and due diligence regarding such third parties and their products and services. While Burn Nation / Burn the Floor works to ensure the information on the Website is current and accurate, Burn Nation / Burn the Floor does not warrant the accuracy of any information contained on the Website (including information provided by instructors) or its fitness for any particular purpose.

 

 

16. Other Sites

 

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Burn Nation / Burn the Floor does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Burn Nation / Burn the Floor’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

 

 

17. International Use

 

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Australia or the country in which you reside.

 

 

18. Privacy Policy

 

Burn Nation / Burn the Floor respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Burn Nation Privacy Policy. A complete statement of the current privacy policy can be found in Burn Nation Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

 

 

19. Infringement Policy

 

Burn Nation / Burn the Floor reserves the right in its sole discretion to immediately suspend and/or terminate access to the Service or the Website by any user who is alleged to have infringed on the intellectual property rights of Burn Nation / Burn the Floor or of a third party, or otherwise violated any intellectual property laws or regulations. Burn Nation / Burn the Floor’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Burn Nation / Burn the Floor to delete, edit, or disable the material in question, you must provide Burn Nation / Burn the Floor with all of the following information: (a) a physical or electronic signature of a person authorised to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Burn Nation / Burn the Floor to locate the material; (d) information reasonably sufficient to permit Burn Nation / Burn the Floor to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Burn Nation / Burn the Floor by e-mail with a return receipt acknowledgement.

 

 

20. Member Disputes

 

You are solely responsible for your interactions with other Members. Burn Nation / Burn the Floor reserves the right, but has no obligation, to monitor or mediate disputes between you and other Members.

 

 

21. Term and Termination

 

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. If you cancel your membership before the end of the applicable billing cycle, your account will be cancelled as of the following month. You will not receive a refund for the current billing period. Burn Nation / Burn the Floor reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if Burn Nation / Burn the Floor believes that you have breached any of the terms of this Agreement, furnished Burn Nation / Burn the Floor with false or misleading information, or interfered with use of the Website or the Service by others.When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed. Unless we have exercised our right to terminate your account, you can re-activate your account at any time by contacting us.

 

 

22. Membership

 

No Sharing. Members of Burn Nation / Burn the Floor may not share, give or sell their password or username to any other person or entity. Excessive viewings or logins by any Member will be construed by Burn Nation / Burn the Floor as fraudulent use of the Website, which will result in the immediate cancellation of membership without refund. When becoming a Member you agree to take all actions possible to protect your username and password from fraudulent use. 

 

Fraudulent Use. Burn Nation / Burn the Floor reserves the right to cancel any membership it believes has been compromised, or is being used fraudulently, at its own discretion.

 

Free Trial. We require that you provide a valid credit or debit card (“Payment Source”) at the time you register for a free trial to ensure that you have continued access to your membership after the expiration of the free trial period (“Free Trial”). Burn Nation / Burn the Floor will not bill your account until the Free Trial has expired and provided that you have not cancelled your account during the Free Trial period. You may only use a Free Trial once. Burn Nation / Burn the Floor reserves the right to terminate any account that is using or trying to use more than one Free Trial.

 

Billing. Memberships are billed monthly. All memberships are renewed automatically until cancelled. If membership is terminated due to a violation of this Agreement, Burn Nation / Burn the Floor will not reimburse the Member for the remainder of any paid month, nor will reimbursements be made for membership cancellations prior to any monthly renewal date. Members may cancel their membership at any time. Membership must be canceled prior to the renewal date in order to end membership charges. At times, special prepaid membership packages will be available for purchase. Special prepaid memberships will be recurring and will renew automatically on the expiry date. Membership must be canceled prior to the renewal date in order to end membership charges.

 

Pricing. When you purchase a membership subscription, you will initially be charged at the rate applicable at the time of your agreement to subscribe. If Burn Nation / Burn the Floor later increases the price of the subscription, Burn Nation / Burn the Floor will notify you. The increase will apply to the next payment due from you after the notice, provided that you have been given at least 10 days’ prior notice before the charge is made. If you are given less than 10 days’ prior notice, the price increase will not apply until the payment after the next payment due.

 

 

23. Disclaimer of Warranties

 

YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. THE WEBSITE AND THE MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, BURN NATION / BURN THE FLOOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. BURN NATION / BURN THE FLOOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF BURN NATION / BURN THE FLOOR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE. BURN NATION / BURN THE FLOOR DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND BURN NATION / BURN THE FLOOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

 

24. Limitation on Liability

 

IN NO EVENT SHALL BURN NATION / BURN THE FLOOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORISED ACCESS TO OR USE OF BURN NATION / BURN THE FLOOR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BURN NATION / BURN THE FLOOR IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

 

YOU SPECIFICALLY ACKNOWLEDGE THAT BURN NATION / BURN THE FLOOR SHALL NOT BE LIABLE FOR CONTENT POSTED BY USERS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.

 

ANY REFERENCE TO A PERSON, ENTITY, PRODUCT, OR SERVICE ON THIS WEBSITE DOES NOT CONSTITUTE AN ENDORSEMENT OR RECOMMENDATION BY BURN NATION / BURN THE FLOOR OR ANY OF ITS EMPLOYEES. BURN NATION / BURN THE FLOOR IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT ON THE WEBSITE OR THIRD PARTY WEB PAGE ACCESSED FROM THIS WEBSITE, NOR DOES BURN NATION / BURN THE FLOOR WARRANT THE ACCURACY OF ANY INFORMATION CONTAINED IN A THIRD PARTY WEBSITE OR ITS FITNESS FOR ANY PARTICULAR PURPOSE.

 

NO COMMUNICATION OF ANY KIND BETWEEN YOU AND BURN NATION / BURN THE FLOOR OR A REPRESENTATIVE OF BURN NATION / BURN THE FLOOR SHALL CONSTITUTE A WAIVER OF ANY LIMITATIONS OF LIABILITY HEREUNDER OR CREATE ANY ADDITIONAL WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE.

 

BURN NATION / BURN THE FLOOR RESERVES THE RIGHT TO REMOVE ANY MATERIAL POSTED ON THE WEBSITE THAT IT DETERMINES IN ITS SOLE DISCRETION IS VIOLATIVE OF ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.

 

 

25. Exclusions and Limitations

 

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

 

 

26. Indemnity

 

You agree to defend, indemnify and hold harmless Burn Nation / Burn the Floor, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defence and indemnification obligation will survive this Agreement and your use of the Website.

 

 

27. Additional Terms

 

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

 

 

28. Modification and Discontinuation

 

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.

 

 

29. Assignment

 

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Burn Nation / Burn the Floor without restriction.

 

 

30. Integration Clause

 

This Agreement together with the Privacy Policy and any other legal notices published by Burn Nation / Burn the Floor on the Website, shall constitute the entire agreement between you and Burn Nation / Burn the Floor concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Burn Nation / Burn the Floor with respect to the Website and Service.

 

 

31. Waiver and Severability of Terms

 

The failure of Burn Nation / Burn the Floor to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

 

32. Statute of Limitations

 

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

 

 

33. Governing Law and Venue

 

This Agreement shall be governed by the laws of the State of New South Wales, Australia without respect to its conflict of laws principles. Any claim or dispute between you and Burn Nation / Burn the Floor that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in New South Wales, Australia.  You agree that: (a) the Website shall be deemed solely based in New South Wales, Australia; and (b) the Burn Nation / Burn the Floor Website shall be deemed a passive website that does not give rise to personal jurisdiction over Burn Nation / Burn the Floor, either specific or general, in jurisdictions other than New South Wales, Australia.

 

 

34. General

 

Burn Nation / Burn the Floor reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

 

 

35. Cancellation Policy

 

Burn Nation requires 12 hours notice via email prior to the start of a class or event for a full refund or transfer.  Refunds and transfers will not be processed if cancellation occurs within 12 hours of the event commencing. We do not offer refunds for missed classes. There are no fees for refunds or transfers. For cancellations prior to the 12 hour cut off, email info@burn-nation.com to organise a refund or transfer.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BURN NATION

PRIVACY POLICY

 

At Burn Nation we recognise that privacy is important and we are committed to protecting your privacy rights ("Policy"). We use the information we collect about you to process orders, to improve the content of the Website and to provide a more personalised experience. We may also use it to periodically inform you about changes on our Website and new products and services. We do not sell, trade or rent your personal information to others.

 

This Policy applies to all of the products, services and websites offered by Burn Nation / Burn the Floor, the mobile or tablet versions thereof, any Burn Nation / Burn the Floor software, and any applications created by Burn Nation / Burn the Floor whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the "Service"). Please note that the availability of any Burn Nation / Burn the Floor applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Burn Nation / Burn the Floor and such social networking site, mobile or tablet device, or internet television or other technology platform. If you have any questions about this Policy, please feel free to contact us.

 

By using the Service, you consent to the collection and use of your personal information as outlined in this Policy. As this Policy may be amended from time to time, you should visit this page periodically to review any changes to the Policy. Through your continued use of the Website after changes are made to the Policy, you accept the Policy as modified.

 

 

1. Information We Collect and How We Use It

Information you provide

When you sign up for a Burn Nation account we ask you for personal information (such as your name, e-mail address and an account password and may require your date of birth, gender, mailing and billing address, and post/zip code). We may combine the information you submit under your account with information from other Burn Nation / Burn the Floor services or third parties in order to provide you with a better experience and to improve the quality of our services.

 

We also use your name, e-mail address and other information on our system to notify you of new product releases, service notifications, events, and to solicit your feedback and input. We may also use your information, or a portion thereof, to send you marketing materials and/or Burn Nation / Burn the Floor newsletters or other information Burn Nation / Burn the Floor thinks you may need, unless you notify Burn Nation / Burn the Floor that you do not wish to receive such materials. Please contact us to request that you not be sent any or all of such information.

 

Burn Nation / Burn the Floor cookies 

 

When you visit Burn Nation / Burn the Floor, we send one or more cookies - a small file containing a string of characters - to your computer that uniquely identifies your browser. We use cookies to improve the quality of our Service by storing user preferences and tracking user trends. Most browsers are initially set up to accept cookies, but you can reset your browser to refuse all cookies or to indicate when a cookie is being sent. However, some Burn Nation / Burn the Floor features and services may not function properly if your cookies are disabled. Cookies collect the date and time of your visit and your registration information.

 

These cookies may either be permanent or temporary. Burn Nation / Burn the Floor uses permanent cookies. This means that the cookie stays on your hard drive until you delete it. You can delete our cookie at any time by following the instructions contained in your browser’s help file, or by contacting that company providing your browser’s technical support.

 

Burn Nation / Burn the Floor does not use cookies to store information such as credit/debit card numbers, telephone numbers, or any other sensitive information. Burn Nation / Burn the Floor may use cookies to deliver content specific to your interests, to save your password so you don’t have to re-enter it each time you visit our site, or for other purposes.

 

Activity Information 

 

In order to provide the best possible service and to allow us to make certain internal reports and make recommendations, we collect aggregate information about the use of the Service, including information about users accessing the Website such as internet protocol addresses, browser type, browser language, referring / exit pages and URLs, other browser history, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, and the date and time. By using the Service, you consent to our retaining all of your Activity Information.

 

‍IP Address 

 

An Internet Protocol (IP) address is a number that's automatically assigned to your computer whenever you're surfing the Web. We may retain your IP address in order to help us diagnose problems with our servers, to administer our Website, to help identify you, to gather broad anonymous demographic information (such as the number of visitors from a geographic area), to enforce compliance with the Website terms and conditions, or otherwise in order to protect our services, sites, customers, or others.

 

User communications 

 

When you send email or other communication to Burn Nation / Burn the Floor, we may retain those communications in order to process your inquiries, respond to your requests and improve our services. 

 

‍Affiliated sites 

 

We offer some of our services in connection with other websites. Personal information that you provide to those websites may be sent to Burn Nation / Burn the Floor in order to deliver the Service. We process such information in accordance with this Policy. The affiliated websites may have different privacy practices and we encourage you to read their privacy policies. Links - Burn Nation / Burn the Floor may present links in a format that enables us to keep track of whether these links have been followed. We use this information to improve the quality of our Website.

 

‍Other websites 

 

This Policy applies to websites and services that are owned and operated by Burn Nation / Burn the Floor. We do not exercise control over the websites displayed as search results or links from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you.

 

2. What Does Burn Nation Do With The Collected Information?

Personal information

‍We may use your personal information for the purposes described in this Policy and/or privacy notice for specific services. Such purposes include, but are not limited to: Providing our products and services to users, including the display of customised content and advertising; Sharing information to our business partners who perform core services (such as hosting, billing, data storage, security, and reporting services) related to the operation of the Website and Service; Collecting and processing information about your actual location to provide location aware products and services and other content; Verifying your identity; Following up with transactions initiated on the Website; Auditing, research and analysis in order to maintain, protect and improve our services; Ensuring the technical functioning of our network; and Developing new services.

 

Burn Nation / Burn the Floor processes personal information on its servers in the Australia and in other countries. In some cases, we process personal information on a server outside your own country. We provide personal and non-personal information to our subsidiaries, affiliated companies or other trusted third parties or persons for the purpose of processing personal information on our behalf. We require that these parties agree to process such personal information based on our instructions and in compliance with the appropriate confidentiality and security measures.

 

We may also disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to (1) conform to the edicts of the law or comply with legal process served on Burn Nation or its parent company, Burn the Floor, subsidiaries, or affiliates, (2) protect and defend the rights or property of Burn Nation / Burn the Floor or the users of the Website, or (3) act under exigent circumstances to protect the safety of the public or users of the Website.

 

Choices for personal information

‍When you sign up for the Service, we ask you to provide personal information. If we use this information in a manner different than those described in this Policy and/or in the specific service notices, then we will ask for your consent prior to such use.

 

If we propose to use personal information for any purposes other than those described in this Policy and/or in the specific service notices, and you decline, Burn Nation / Burn the Floor may not be able to provide its Service to you.

 

Maintenance of personal information

‍You can access your information contained in Burn Nation / Burn the Floor’s database by contacting us. If you believe any of your information is incorrect or needs updating, please let us know at the email address listed in this section. Burn Nation / Burn the Floor will use reasonable efforts to correct your information and our records upon verification of the requested change. If you no longer wish to receive email notifications from Burn Nation / Burn the Floor, please let us know by contacting us. In the text of your email, specify which notifications you no longer wish to receive and provide your exact name, email address and/or address so that we can do our best to ensure that you stop receiving the notifications that you no longer wish to receive. After such a request is received, Burn Nation / Burn the Floor will use reasonable efforts to refrain from including you when sending such notifications to Burn Nation / Burn the Floor’s visitors/users/customers.

 

We do not currently maintain any procedures for you to review the information that we collect about you.

 

Retention of personal information 

 

When you close or de-activate your account or if your account is otherwise terminated, we have the right, but not the obligation, to store your personal information, settings, saved and completed classes, and teachers you have followed.

 

Information Security

‍We take appropriate security measures to protect against unauthorised access to or unauthorised alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorised access to systems where we store personal data.

 

We restrict access to personal information to Burn Nation / Burn the Floor employees, contractors and agents who need to know that information in order to operate, develop or improve our services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations.

 

However, please note that no data transmission over the Internet can be guaranteed to be 100% secure, so while Burn Nation / Burn the Floor strives to protect your information, Burn Nation / Burn the Floor cannot ensure or warrant the security of any information that you voluntarily give to Burn Nation / Burn the Floor.

 

Accessing and updating personal information 

 

When you use the Services, we make good faith efforts to provide you with access to your personal information and either to correct this data if it is inaccurate or to delete such data at your request if it is not otherwise required to be retained by law or for legitimate business purposes. We ask individual users to identify themselves and the information requested to be accessed, corrected or removed before processing such requests, and we may decline to process requests that are unreasonably repetitive or systematic, require disproportionate technical effort, jeopardise the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes), or for which access is not otherwise required. In any case where we provide information access and correction, we perform this service free of charge, except if doing so would require a disproportionate effort.

 

3. Website Areas Beyond Burn Nation’s Control

Third party links, co-brand relationships and public forums 

 

In an attempt to provide increased value to our visitors, Burn Nation / Burn the Floor may choose various third party websites to link to, link from, and frame within, the Website. Burn Nation / Burn the Floor also may participate in co-branding and other relationships to offer e-commerce and other services and features to its users. However, even if the third party is affiliated with Burn Nation / Burn the Floor, we have no control over these linked sites, each of who have separate privacy and data collection practices independent of Burn Nation / Burn the Floor. We have no responsibility or liability for these independent policies or actions, and are not responsible for the privacy practices or the content of any such web sites. Please make sure you are comfortable with the privacy practices of every site you visit before providing the site with your personal information. These linked sites are only for your convenience and you therefore access them at your own risk.

 

We also may make chat rooms, forums and message boards available to you on the Website. Please remember that we cannot control the information that is shared by members and that anything you voluntarily provide in any public area of the Internet will be publicly available to other visitors on that web site and potentially to other third parties. Thus, please note that you should always exercise caution when deciding to publicly disclose any of your personal information in these and similar areas.

 

Enforcement

Burn Nation / Burn the Floor regularly reviews its compliance with this Policy. Please feel free to direct any questions or concerns regarding this Policy or Burn Nation / Burn the Floor’s treatment of personal information by contacting us.

 

When we receive formal written complaints at this address, it is Burn Nation / Burn the Floor’s policy to contact the complaining user regarding his or her concerns. We will cooperate with the appropriate regulatory authorities, including local data protection authorities, to resolve any complaints regarding the transfer of personal data that cannot be resolved between Burn Nation / Burn the Floor and an individual.

 

Users Under 18

Burn Nation / Burn the Floor assumes that persons under eighteen (18) years of age have the capacity to accept, understand and give consent for Burn Nation / Burn the Floor to collect personal information as contained within this privacy policy.  If persons are under the age of fifteen (15) Burn Nation / Burn the Floor require the consent of parent / guardian to allow consent for collecting personal information. If we do become aware of having collected personally identifiable information from a user who is younger than fifteen (15) years of age without consent, we will remove such information from our files. 

 

‍Changes To This Policy

‍Please note that this Policy may change from time to time. We will not reduce your rights under this Policy without your explicit consent, and we expect most such changes will be minor. Regardless, we will post any Policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services, email notification of Policy changes). Each version of this Policy will be identified at the bottom of the page by its effective date, and we will also keep prior versions of this Privacy Policy in an archive for your review. 

 

Burn Nation Terms and Conditions of Use

‍A complete statement of our Terms and Conditions of Use can be found on this website. Burn Nation / Burn the Floor Terms and Conditions of Use are expressly incorporated into this Policy by this reference.

 

‍Your consent

‍By using our Website, you consent to the collection and use of information by Burn Nation / Burn the Floor as set forth in this Policy. If we decide to change our Policy, we will post those changes on this page so that you will always be aware of what information we collect, how we use it, and under what limited circumstances we disclose it. Continued access or use of the Website shall constitute your express acceptance of any modifications to this Policy.