Prima+ Terms of Service
Prima+ Terms of Service
Welcome to Prima+! These Terms of Service ("Terms") govern your use of the Prima+ subscription service ("Service") provided by Dance Connection of Islip, Inc. dba Penny Prima ("Penny Prima," "we," "our," or "us"). By subscribing to Prima+, you agree to abide by these Terms, which constitute a legally binding agreement between you and Penny Prima.
1. Subscription and Payment:
1.1. By subscribing to Prima+, you agree to pay a monthly fee of $49 for access to the Service. This fee is non-refundable, regardless of your actual usage of the Service.
1.2. The subscription fee will be billed monthly on the same day of the month as your initial subscription date. For example, if you subscribe on January 5th, you will be billed on February 5th, March 5th, and so forth.
1.3. To cancel your Prima+ subscription, you must provide written notice to Penny Prima at least 5 business days before your next billing date. Failure to provide timely notice will result in the subscription being billed for the following month.
1.4. In the event that your payment card is declined for any reason, you will be notified, and you have 10 days from the date of the declined transaction to update your payment information and make the required payment.
1.5. If payment is not received within the 10-day grace period, access to the Service may be temporarily suspended until the outstanding payment is made.
1.6. The pricing for Prima+ is subject to change, and in the event of any modification to the subscription fee, Penny Prima will provide you with a minimum of 60 days notice prior to the changes taking effect.
2. Licensed Usage:
2.1. Prima+ grants you a non-transferable, non-exclusive license to use the trademarks, character names, marketing assets, music, coloring sheets, voiceovers, teaching tools, and other digital resources ("Assets") solely for the purpose of offering Penny Prima powered classes at your dance studio.
2.2. This license is limited to one physical location. If you wish to use the Assets at additional locations, you must obtain a separate license for each additional location at an additional fee.
2.3. The studio acknowledges that their employees are not employees or representatives of Penny Prima and cannot speak on behalf of the Penny Prima brand.
3. Asset Usage Restrictions:
3.1. You agree not to share any Assets with any other businesses or individuals not employed at your studio. Your studio employees must not use the Assets at other studios, and they must be prohibited from taking copies of the Assets if they leave your employ.
3.2. You may not modify, alter, or adapt any marketing or branding materials provided by Prima+ in any way without prior written consent.
3.3. In the event of subscription cancellation or termination, you must immediately cease using the Assets and destroy any copies in your possession.
3.4. The studio acknowledges that they are solely responsible for the artistic direction and curriculum of the Penny Prima classes offered. Each Penny Prima class is managed and operated independently by the partner studio.
3.5. The studio agrees to follow any brand guidelines provided by Penny Prima when using the Assets, marketing materials, and any other brand-related elements. This includes but is not limited to the appropriate use of logos, colors, and visual elements.
4. Teacher and Class Requirements:
4.1. All teachers offering Penny Prima classes must be professional and qualified dance instructors.
4.2. Teachers must dress appropriately and maintain a respectful and age-appropriate demeanor during classes.
4.3. All music used in Penny Prima classes must be age and content appropriate for the intended audience.
5. Disparagement:
5.1. You agree not to take any actions that would disparage, harm the reputation of, or otherwise damage the Penny Prima brand.
5.2. Any determination of disparagement shall be at the sole discretion of Penny Prima.
5.3. The studio agrees to promote and market Penny Prima classes accurately and in a manner consistent with Penny Prima's brand image.
6. Intellectual Property:
6.1. All intellectual property rights in the Assets and the Penny Prima brand remain the exclusive property of Penny Prima, Laura Scheving, or their respective owners.
6.2. You shall not acquire any ownership rights, copyrights, or trademarks in the Assets or the Penny Prima brand.
6.3. All materials or digital assets related to Penny Prima classes that are created or provided by Penny Prima shall remain the property of Penny Prima, and must be returned or deleted upon termination of the subscription.
7. Limitation of Liability:
7.1. Penny Prima shall not be liable for any damages, losses, or expenses incurred as a result of your use of the Service or the Assets.
7.2. In no event shall Penny Prima's total liability to you exceed the subscription fees paid by you for the most recent month of the Service.
7.3. The studio agrees not to claim or imply any endorsement or partnership with Penny Prima beyond the scope of the Prima+ subscription, unless expressly agreed upon in writing by Penny Prima.
8. Termination:
8.1. Either party may terminate this agreement with or without cause by providing written notice to the other party.
8.2. Upon termination, all rights granted to you under this agreement will immediately cease, and you must comply with the usage restrictions outlined in Section 3.
9. Miscellaneous:
9.1. These Terms constitute the entire agreement between you and Penny Prima regarding the Service and supersedes all prior agreements, representations, and understandings.
9.2. These Terms shall be governed by and construed in accordance with the laws of the state of New York, without regard to its conflict of laws principles.
9.3. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in Suffolk County, New York.
9.4. The studio agrees to treat any non-public information provided by Penny Prima, including but not limited to business strategies, marketing plans, and proprietary materials, as confidential and shall not disclose such information to any third parties.
Please read these Terms carefully before subscribing to Prima+. By subscribing to the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not subscribe to Prima+.