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TERMS OF USE

WEBSITE TERMS OF USE

Last Updated October 22, 2014


These Terms of Use ("Terms") apply to Zumba Fitness, LLC, owner of the zumba.com website (the "Site"), the Zumba Mobile Application (the "Application"), and the content and materials on the Site and Application (collectively, "Content"). By using the Site or accessing its Content, you accept and agree to these Terms, which govern your use of the Site. Please read these Terms of Use carefully before using the Site, because they affect your legal rights and obligations. If you do not agree with any Terms, your sole remedy is to discontinue use of the Site.

By using the Site, you will be deemed to have irrevocably agreed to the Terms.
Some portions of the Site may be subject to additional terms that will be available for your review prior to accessing these portions of the Site. Such additional terms will not change or replace these Terms, unless otherwise expressly stated.

We reserve the right to modify, alter, update, or remove portions of the Terms at any time without notice, so please check the Terms from time to time. Your continued use of the Site signifies your acceptance of any changes. Our failure to enforce these Terms at any time for any reason shall not be construed as a waiver of our right to enforce them at a later time.

  1. How to Contact Us
  2. Community Conduct
  3. Privacy
  4. Disclaimer and Warranties
  5. Our Use of Content
  6. Links to Third Party Websites
  7. Indemnity
  8. Applicable Laws and Jurisdictions
  9. Copyrights and Trademarks
  10. EU Shop

1. How to Contact Us

This Site is controlled and operated by Zumba Fitness, LLC, located at 800 Silks Run, Suite 2310, Hallandale, FL 33009. Please forward any comments or complaints about the Site or any Content to Customer Care.

2. Community Conduct

You may not reproduce, sell, resell or otherwise exploit any resource, or access to any resource or Content contained on the Site.

You agree not to (a) sell any non-Zumba products; (b) send spam or promote any non-Zumba event, materials, companies, or products; (c) transmit negative/harmful messages about any person, facility, or company; (d) link to any inappropriate websites or videos; (e) mention any copying of music or videos, which would be in violation of copyright laws; (f) take any action intended to threaten, intimidate or harass any other user of the Site, or which is abusive, objectionable, harmful, illegal, hateful or sexually, racially or ethnically discriminatory; (g) further or promote any criminal activity or enterprise or provide instructional information about illegal activities; (h) solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (i) conduct commercial activities and/or sales of any kind without our prior written consent; (j) promote an illegal or unauthorized copy of another person’s copyrighted work, provide information to circumvent manufacture-installed copy-protect devices, or provide pirated music or links to pirated music files; or (k) impersonate any person or entity or attempt to gain unauthorized access to Zumba’s or any other person’s computers, software, or data.

We will remove from the Site any messages we deem as inappropriate. We reserve the right to make all final decisions as to what is considered proper and improper.

We reserve the right, without notice, to prohibit use of the Site by any user who, in our sole discretion, violates the Terms. Such a prohibition may occur without notice to the user. If you believe another user is violating the Terms, you may notify us, and we will work in good faith to resolve such issues. We have no obligation to monitor the Site or the Content and are not responsible for the accuracy or reliability of any of the Content or for any defamatory, offensive, or illegal conduct or statement by any user of the Site.

We reserve the right to investigate suspected violations of the Terms, including gathering information from the user or users involved and the complaining party. You hereby authorize us and our agents to cooperate with (a) law enforcement authorities in the investigation of suspected criminal violations; and (b) system administrators at Internet Service Providers or other network or computing facilities, or other third parties, in order to enforce the Terms. Such cooperation may include the disclosure of personally identifying information. BY ACCEPTING THE TERMS, YOU WAIVE AND HOLD HARMLESS ZUMBA FITNESS, LLC FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ZUMBA FITNESS, LLC DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF ANY INVESTIGATIONS.

Users of all ages are welcome to browse the Site however, you may only establish an account if you are 18 years of age or over. In order to purchase products/services from the Site and in order to access/use some features on the Site, you may be required to establish and use an account. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate. By establishing an account, you represent and warrant you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility.

3. Privacy

Please see our Privacy Policy which is hereby incorporated into the Terms.

4. DISCLAIMERS AND WARRANTIES

Content on the Site is provided for entertainment purposes only.

The Site and Content are provided on an “as is” and “as available” basis. YOUR USE OF THE SITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ZUMBA FITNESS, LLC EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, AS TO THE SITE OR CONTENT, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not make any representations or warranties that (a) the Site or Content will meet your requirements or expectations; (b) the operation of the Site or Content will be uninterrupted, timely, secure, accurate, or error-free or that any errors will be corrected; (c) any particular results will be obtained from the use of the Site; or (d) the Site or the server that make the Site available are free of viruses or other harmful components. The above exclusions apply to you to the extent permitted by applicable law.

5. Our Use of Content

You acknowledge your responsibility for any information, profiles, reviews, comments, messages, text, files, images, photos, video, music, sounds, or other content or materials (“User Content”) you submit, upload, post or otherwise provide or make available to us or our vendors, on or through the Site or otherwise, including User Content you upload or post on third party websites, such as Instagram, Twitter, Facebook, Vine, Pinterest and Google+, that are associated with hashtags related to Zumba, including, for example, #zumba and #zumbawear (“Submissions”). Such Submissions may be used on the Site and/or on other Zumba marketing materials, including on the Site, in emails and on social media. You may only make a Submission if you are 18 years of age or older. If we select a Submission for use on the Site, it may be displayed for others to see, together with your name and associated Instagram, Twitter, Facebook or Vine (if applicable) profile information (such as your handle and profile picture). We are under no obligation to display, feature or use any Submission, but may do so at our discretion.

All Submissions are treated as non-confidential and non-proprietary, except as specifically set forth herein. By making a Submission, you grant, and represent and warrant that you have the right to grant, Zumba, its affiliated entities, vendors and licensees a nonexclusive, royalty-free, worldwide, perpetual, transferable, irrevocable, and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, sell, assign, translate, create derivative works from, distribute, perform and display any Submission, as well as your name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information, in any manner, and in any and all distribution channels, venues, forms, media, or technology, whether now known or hereafter developed, alone or as part of other works, without further notice or any compensation to you. You also acknowledge that we may use your Submission, and any ideas, concepts or know how contained therein, for any purpose including, without limitation, developing, manufacturing, distributing and marketing products. Subject to the licenses granted in these Terms, you retain ownership of any copyrights and rights of publicity you may have in your Submissions.

If you make a Submission, you represent and warrant that you own or otherwise control any rights therein and any and all elements thereof; that you have the rights from any and all third parties appearing in such Submission to grant the license contained in these Terms for such third parties' names, images or likenesses and any other third party-owned elements as necessary in and as part of your Submission; and that your Submission will not infringe or violate the rights of any third parties, including, but not limited to, copyrights, trademarks, rights of publicity/privacy, patent, trade secret or confidentiality. You further represent and warrant that your Submissions comply with all applicable laws, rules and regulations, and any third party agreements to which you are subject, including Instagram, Twitter, Facebook, Vine, Pinterest and Google+’s terms of use.

You further represent and warrant that your Submissions does not constitute or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead us as to the origin of any Submission. You agree to indemnify Zumba, our vendors, including Olapic, Inc., and third parties such as Instagram, LLC, Twitter Inc., Facebook, Inc., Vine Labs, Inc., Pinterest, Inc. and Google Inc. and any of our or their respective parents, affiliates, licensees, licensors, and each of our or their respective officers, directors, employees, successors, agents and assigns, for all claims arising from or in connection with (a) the use of any Submission, including, without limitation, all claims arising out of or based upon copyright or trademark infringement, misappropriation, invasion of privacy, defamation, right of publicity and/or any blurring, alteration, editing, morphing, distortion, illusionary effect, faulty reproduction, fictionalization or use in any composite form of your or any other person's or entity's name, Instagram, Twitter, or Vine handle, Facebook ID, profile picture, image, likeness, comments, posts, statements or other information and/or the Submission; or (b) any breach or alleged breach by you of any of these Terms or applicable laws.

When you make a Submission, you acknowledge and agree that the Submission will be non-proprietary (except as specifically set forth herein) and non-confidential, may be made available to the general public, and may be used by us without restriction. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any Submission that you may have under any applicable law or under any legal theory.

We reserve the right, in our sole discretion, to edit any Submission and to choose to include or not include such Submission on the Site or otherwise use the Submission. The Site may include the opinions, statements and other content of third parties. We are not responsible for screening, monitoring or verifying such content, including such content's accuracy, reliability or compliance with copyright or other laws. Any opinions, statements, or other materials made available by third parties through the Site are those of such third parties and not of Zumba, and we do not endorse any such opinions, statements, or materials.

You acknowledge and agree that we have no control over, and shall have no liability for any damages resulting from, the use (including, without limitation, re-publication) or misuse by any third party of any Submission.

Any questions, comments, suggestions, reviews, or other information about our products or services submitted to us through the Site or otherwise(“Feedback”) shall be deemed non-confidential and non-proprietary. We shall be free to use, reproduce, disclose and distribute such Feedback in any manner without limitation. We specifically prohibit you from sending us any information that you consider to be confidential or proprietary. Please note that if you do send us any such information or material, the information will be treated as non-confidential and non-proprietary and we can fully exploit the information without any obligation or liabilities to you.

You understand that we do not control, and are not responsible for Feedback made available through the Site and that by using the Site, you may be exposed to Feedback that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We expressly disclaim any liability for such Feedback. In that regard, you agree that you must evaluate, and bear all risks associated with, the use of any Feedback, that you may not rely on said Feedback, and that under no circumstances will we be liable in any way for any Feedback or for any loss or damage of any kind incurred as a result of the use of any Feedback posted, emailed or otherwise made available. You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse, delete or move any Feedback for any reason.

Your interactions with organizations, events and/or individuals found on or through the Site are solely between you and such organizations and/or individuals. We expressly disclaim any liability for such organizations, events or individuals.

6. LINKS TO THIRD PARTY WEBSITES

The Site includes links to various third party websites. We are providing these links solely as a convenience. Such linked third party sites are not under our control. We have not reviewed all of the sites linked from the Site and are not responsible or liable for the contents available on any such linked site. The appearance of a third party link on the Site does not imply our endorsement of the linked site, its sponsors or any products or services offered on the linked site. Use of any linked site is at your own risk.

7. Indemnity

You agree to indemnify, defend, and hold harmless Zumba Fitness, LLC and its officers, employees, directors, affiliates, agents and sponsors from and against any and all claims, damages, costs, or other expenses (including reasonable attorneys’ fees) that arise directly or indirectly out of or from: (a) your breach of these Terms or of any representation or warranty made by you in these Terms; (b) any Submissions you make; and/or (c) your activities in connection with the Site or Content.

8. APPLICABLE LAWS AND JURISDICTION

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Site and your purchase of the products and services on the Site.

We control the Site (excluding third party linked sites) from our corporate offices in Florida, United States of America. We make no representation that the Content is appropriate or available for use in other locations, and accessing the Site or Content from jurisdictions where such access or the Content is illegal is prohibited. Users are solely responsible for compliance with all the laws of their jurisdictions. The laws of Florida, specifically excluding choice or conflict of laws principles, will apply to all disputes relating to or arising from your use of the Site (a “Dispute”). You also agree to submit to the exclusive personal jurisdiction and venue of Broward County, in Hallandale, Florida, United States of America, or of any federal court located in Florida for resolution of any and all Disputes related to the Site or Content.

You also acknowledge and understand that, with respect to any Dispute: YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY DISPUTE.

In the event we incur attorneys’ fees or expenses in connection with the collection of sums owed to us by you under these Terms, we shall be entitled to the recovery of those fees and expenses from you.

9. COPYRIGHTS AND TRADEMARKS

The Site and Content are the property of Zumba Fitness, LLC, and our licensors and are protected by United States and International Copyright laws. All copyrights, trademarks, and other proprietary rights on the Site and in the Content, services, products, software, text, graphics, design elements, audio, music, and all other materials originated or used by us on the Site or elsewhere are reserved to us and our licensors.

The following are our trademarks in the United States: ZUMBA®, ZUMBA FITNESS®, ZUMBA GOLD®, ZUMBATHON®, ZUMBA SENTAO® and ZLIFE®, among other terms and logos. We also own trademark rights in the following terms: DITCH THE WORKOUT-JOIN THE PARTY™, PARTY IN PINK™, FITNESS-CONCERT™, ZIN™ and ZES™, among other terms and logos.

In addition, the Site may contain trademarks, logos, and links to third party websites. Any third party domain names, URLs, trademarks or logos appearing on the Site or in the Content are the sole property of their respective owners.

If you believe any Content infringes your copyright, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the photograph and/or video content you claim is infringing and where it is located on the Site; (d) your address, telephone number, and email address; (e) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (f) a statement by you, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached as follows: Global Intellectual Property Counsel, 800 Silks Run, Suite 2310, Hallandale, FL 33009, (954) 925-3755, [email protected].

10. EU SHOP

The sale of Zumba® products in the following countries are done though our subsidiary, Zumba Fitness Europe, BV: Armenia, Austria, Azerbaijan, Belarus, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Georgia, Greece, Hungary, Iceland, Ireland, Italy, Kazakhstan, Latvia, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovakia, Slovania, Spain, Sweden, Switzerland, Turkey, Ukraine and United Kingdom. Zumba Fitness Europe, BV has an address of WTC Schiphol Airport, Schiphol Boulevard 231, 1118 BH Amsterdam Schiphol, The Netherlands. If you are making a purchase of Zumba® products through Zumba.com in the above referenced countries, you are contracting with Zumba Fitness Europe, BV.