These Terms of Service (“Terms“) govern your use of the websites, consultations with Magi Helena, content including downloadable content, and products (the “Service”) provided by Dancing Star Corporation. (“Dancing Star”). Our Privacy Policy explains the way we collect and use your information. By using the Service you agree to be bound by these Terms and our Privacy Policy. If you’re using our Service on behalf of an organization or entity (“Organization”), then you are agreeing to these Terms on behalf of that Organization and you represent and warrant that you have the authority to bind the Organization to these Terms. In that case, “you” and “your” refers to that Organization.
Magi Helena advises her clients to the best of her abilities, based upon her many years of training and experience. As with any consultant, you must use your own judgment to make final decisions in this free-will Universe. By using Magi Helena’s products or services, you agree that any choices you make as a result of using Magi Helena’s products or services are solely your responsibility, and neither Magi Helena nor Dancing Star Corporation can be held liable for any such actions or their consequences. Nothing in Magi Helena’s or Dancing Star’s statements to you at any time should be construed as a promise or guarantee.
Dancing Star’s Intellectual Property Rights
The Service constitutes Dancing Star’s intellectual property and will remain the exclusive property of Dancing Star. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
Copyright
Dancing Star respects the intellectual property rights of others and we expect our users to do the same. If you believe your work has been copied in any way that constitutes copyright infringement, please contact Dancing Star at helena@magihelena.com.
Modifications to the Service
The Service may be modified from time to time, often without prior notice to you. Your continued use of the Service constitutes your acceptance of such modifications. If you are not satisfied with a modification we make to the Service, your sole remedy is to terminate your use of the Service.
Indemnification
You agree to indemnify and hold Dancing Star harmless from and against all claims of third parties arising from (1) your use of the Services; or (2) your violation of any of the Terms described herein. If you are obligated to indemnify Dancing Star, then Dancing Star may control the defense of any claim at your cost and expense, and you may not settle the claim without the consent of Dancing Star. This obligation will survive these Terms of Use and your use of the Dancing Star website and Services.
Disclaimer
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DANCING STAR IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONTENT THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE USE OF THE SERVICE OR FOR ANY DAMAGE OR LOSS OF DATA THAT MAY RESULT.
The Service is controlled, operated and hosted from within the U.S. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations.
Limitation of Liability
Although Dancing Star takes all reasonable and necessary precautions, it cannot guarantee or warrant that the content, information or files available on or for downloading from the Dancing Star websites will be free from infection, corruption, viruses, worms, Trojan horses or other codes that possess contaminating or destructive properties. By using the Dancing Star websites and agreeing to these Terms, you understand and acknowledge that any content, files or information downloaded or otherwise obtained through the use of our website is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download and/or use of such content, files or information.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DANCING STAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE, WHETHER OR NOT DANCING STAR HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. DANCING STAR’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO DANCING STAR IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE CLAIM GIVING RISE TO SUCH LIABILITY.
California Residents
You understand that you are waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and you hereby expressly waive, the benefits of Section 1542 of the Civil Code of California, and any similar law of any state, country or territory, which provides as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
General Terms
These Terms will be governed, construed and applied by the laws of the State of California without reference to its conflict of laws principles. These Terms are deemed entered into in Ventura Country, California. All disputes arising out of or related to these Terms and your use of the Dancing Star websites shall be subject to the exclusive jurisdiction of the state and federal courts located in Ventura County, California, and the parties agree and submit to the personal and exclusive jurisdiction and venue of these courts.
These Terms supersedes all prior and contemporaneous agreements between you and the Dancing Star websites relating to the Services provided by Dancing Star. The invalidity or unenforceability of any provision in these Terms will not affect the validity or enforceability of any other provision described herein.
THE USE OF THE DANCING STAR WEBSITES AND ITS CONTENT IS SUBJECT TO THE FOREGOING TERMS OR USE. BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE DANCING STAR WEBSITES, YOU AGREE TO THE FOREGOING TERMS OUR USE, NOTWITHSTANDING ANY LICENSE AGREEMENTS YOU MAY HAVE SEPARATELY ENTERED. THESE TERMS OR USE ARE A LEGAL AGREEMENT BETWEEN YOU AND DANCING STAR. IF YOU DO NOT AGREE TO THESE TERMS OF USE, DO NOT SUBMIT INFORMATION TO, OR ACCESS INFORMATION FROM, ANY OF THE DANCING STAR WEBSITES.
Last Updated: April 12, 2016
