Terms of Service
Please read the Agreement carefully before accessing or using the services of The Lamesha Vine Effect, Lamesha Vine. By accessing or using any part of The Lamesha Vine Effect, Lamesha Vine services, you agree to become bound by the Agreement. If you do not agree to all the terms of the Agreement, then you may not access or use the services of The Lamesha Vine Effect, Lamesha Vine.
Throughout these Terms, “you” applies to both individuals and entities that access or use the services of The Lamesha Vine Effect, Lamesha Vine. If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to the Agreement and that by using our Service(s), you are accepting the Agreement on behalf of that entity.
1. Copyright Infringement and The Lamesha Vine Effect Policy
We ask others to respect our intellectual property rights, We will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. We will terminate a visitor’s or subscribers access to and use of the website if, the visitor or subscriber is determined to have infringed the copyrights or other intellectual property rights of The Lamesha Vine Effect. In the case of such termination, we will have no obligation to provide a refund of any amounts previously paid to us.
2. Intellectual Property
The Agreement does not transfer from The Lamesha Vine Effect,, Lamesha Vine to you or third party intellectual property, and all right, title, and interest in and to such property will remain solely with The Lamesha Vine Effect and Lamesha Vine. The Lamesha Vine Effect, Lamesha Vine logos, service marks, graphics, videos, blogs, merchandise used in connection with WordPress.com or our Services, are trademarks or registered licensors. Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Your use of our Services grants you no right or license to reproduce or otherwise use any The Lamesha Vine Effect, Lamesha Vine or third party trademarks.
3. Third Party Services
If you use any Third Party Services, you understand that:
- Third Party Services are not vetted, endorsed, or controlled by The Lamesha Vine Effect, Lamesha Vine.
- Any use of a Third Party Service is at your own risk, and we shall not be responsible or liable to anyone for Third Party Services.
- Your use is solely between you and the respective third party (“Third Party”) and will be governed by the Third Party’s terms and policies. It is your responsibility to review the Third Party’s terms and policies before using a Third Party Service.
- Third Party Services may not work appropriately with your website or account, and we may not be able to provide support for issues caused by any Third Party Services.
- If you have questions or concerns about how a Third Party Service operates, or need support, please contact the Third Party directly.
4. Your Account
You will be solely responsible and liable for any activity that occurs under your account. You are responsible for keeping your account information up-to-date and for keeping your password secure.
You are responsible for maintaining the security of your account and any Service-related website, store, or other content, and you are fully responsible for all activities that occur under your account and any other actions taken in connection with our Services. You shall not share or misuse your access credentials. You must immediately notify us of any unauthorized uses of your account or website, or of any other breach of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.
When you create a WordPress.com account, we consider that to be an inquiry about our products and services, which means that we may contact you to share more details about what we have to offer. Don’t worry — if you aren’t interested in learning more, you can opt out of the marketing communication, by email.
5. Minimum Age Requirements
Our Services are not directed to children. Access to and use of our Services is only for those over the age of 18. If you are younger than this, you may not register for or use our Services. Any person who registers as a user or provides their personal information to our Services represents that they are 18 years of age or older.
6. Responsibility of Visitors and Users
- We disclaim any responsibility for any harm resulting from anyone’s use, purchase or use of Content. If you access or use any Content, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
- Please note that additional third party terms and conditions may apply to the downloading, copying, purchase, or use of Content.
- We do not have any control over those websites and are not responsible for their contents or their use.
- The existence of a link to or from one of our Services does not represent or imply that we endorse such website.
- We disclaim any responsibility for any harm resulting from other websites.
7. Fees, Payment, and Renewal
a. The Lamesha Vine Effect Fees
Fees for Paid Services. Some of our Services are offered for a fee, such as The Lamesha Vine Effect videos and merchandise. By using our Ecommerce Services (collectively, “Paid Services”), you agree to pay the specified fees. Depending on the Paid Service, there may be one-time fees, recurring fees. For recurring fees, we’ll bill or charge you for regular automatically-renewing intervals (such as monthly, annually, or bi-annually), on a pre-pay basis until you cancel, which you can do at any time by contacting the relevant support team.
Payment. If your payment fails, Paid Services are otherwise not paid for or paid for on time, or we suspect a payment is fraudulent, we may immediately cancel or revoke your access to Paid Services without notice to you. If you contact your bank or credit card company to decline or reverse the charge of fees for Paid Services, we may revoke your access to our Services.
Automatic Renewal. To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel a Paid Service before the end of the applicable subscription period, it will automatically renew, and you authorize us to invoice you or use any payment mechanism we have on record for you to collect the then-applicable subscription fee (as well as any Taxes). By default, your Paid Services will be renewed for the same interval of time as your original subscription period. For example, if you purchase The Lamesha Vine Effect, Lamesha Vine online dance classes, you will be charged each month for each monthly cycles. It is your responsibility to make sure you are checking your email (including any spam or other filters) in order to receive any reminder email we send to you in advance of renewal. The date for the automatic renewal is determined automatically based on the date of the original purchase. You can view your renewal date for subscriptions of The Lamesha Vine Effect, Lamesha Vine paid services by visiting your Manage Purchases page.
Cancelling Automatic Renewal. You can manage and cancel your Paid Services through your WordPress.com account. For example, you can manage The Lamesha Vine Effect, Lamesha Vine subscription plan through your WordPress.com account Manage Purchases page. Click on the plan you wish to cancel, then follow the instructions to “cancel the subscription.” You must repeat this process for each subscription you wish to cancel.
Fee Changes. We may change our fees at any time, increase fees or start charging fees for Services that were previously free. When applicable, we may give you advance notice of the fee changes. If you don’t agree with the fee changes, you must cancel your Paid Service.
No-Show Policy. We may have a “no-show policy” for some Paid Services (for example, for our Live Dance Sessions), which means that if you fail to show up or are late for a scheduled session, we may withhold the Service without a refund.
Refunds. While you may cancel a Paid Service at any time, refunds are issued in our sole discretion, unless otherwise required by applicable law.
8. Disclaimer of Warranties
Our Services are provided “as is.” The Lamesha Vine Effect, Lamesha Vine and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither The Lamesha Vine Effect, Lamesha Vine, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. You understand that you obtain content or services through, our Services at your own discretion and risk.
9. Jurisdiction and Applicable Law
Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services will be the state and federal courts located in San Francisco County, California.
10. Arbitration Agreement
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in San Francisco, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.
11. Limitation of Liability
In no event will The Lamesha Vine Effect, Lamesha Vine or its suppliers, partners, or licensors, be liable with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to The Lamesha Vine Effect, Lamesha Vine, under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. The Lamesha Vine Effect, Lamesha Vine, shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify and hold harmless The Lamesha Vine Effect, Lamesha Vine its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that we post, and any ecommerce activities conducted through our website.