MY DANCE PORTAL

Teacher Terms

Last Updated: May 23, 2020

In order to publish and offer Courses on the Service, you must agree to abide by these Teacher Terms (these “ Terms”). These Terms provide the details of your participation as a Teacher on the Service, and are incorporated by reference within our Terms of Service, the general terms that govern your use of the Service as a Student or other user. Therefore, these Terms form part of a legally binding contract between you and My Dance Portal, LLC (“ MDP”). Any capitalized terms that are not otherwise defined in these Terms have the meanings given to them in the Terms of Service .

Courses

  1. Course Content. As Teacher, you are exclusively responsible for the content of the Courses that you publish to the Service. With respect to each of your Courses, you agree to abide by all applicable laws and these Terms, our Terms of Service (including with respect to copyrighted material, as set out in the section “ Third-Party Content” therein), as well as other any other quality standards or policies that may be prescribed by MDP from time to time.
  2. Course Format and Specifications. You acknowledge that you have read the Teacher Guide and agree to use best efforts to follow the guidelines and to meet the technical specifications provided therein with respect to your Courses.
  3. Course Removal. You understand that you will not have the ability to remove any Course that you have published to the Service. MDP reserves the right, however, to remove any Course from the Service, at any time, for any reason (including if we determine, in our sole discretion, that you have violated any of these Terms or our Terms of Service ), without prior notice to you.
  4. License to MDP. In addition to the rights granted by you to MDP pursuant to the Terms of Service with respect to your Submitted Content generally, you hereby grant MDP the right to sublicense those rights to Students with respect to any purchased Courses. You further grant MDP the right to use your name, likeness, voice, and image, each as incorporated within any Course, in connection with offering, delivering, marketing, promoting, demonstrating, and selling the Service, and you hereby waive any rights of privacy, publicity, or other rights of a similar nature, to the extent permissible under applicable law. The foregoing rights granted to MDP, and any sublicense granted to Students, with respect to any Course will terminate only upon removal of that Course in accordance with subsection (c) above; provided, however, that MDP’s right to use such Submitted Content for marketing purposes will survive such termination.

Reviews

You understand that Students who have purchased one of your Courses will have the ability to post a review of that Course. MDP does not monitor posted Reviews and is not responsible for any opinions, conclusions or other content included therein. In the event that you reasonably believe a Review to be in violation of the Review restrictions set forth in the Terms of Service , you may request removal of the Review by e-mailing us at support@mydanceportal.com, and include the date of such Review, the username of the applicable Student, the Course ID, and an explanation of the reasons for your removal request. MDP will have no obligation to remove any Review that MDP, in its sole and absolute discretion, determines to be in compliance with the Terms of Service . IN ANY EVENT, MDP hereby disclaims any and all liability to You or any third party arising in connection with any review.

Fees, Pricing & Payments

  1. Pricing. You agree and acknowledge that the price of each Course must be within the set minimum and maximum price indicated in our Teacher Guide .
  2. Earned Fees. You understand that Students pay a one-time, upfront fee in order to access and view a Course via the Service, and that this fee allows the Student to view that Course at any time, for so long as the Course remains on the Service. When a Student purchases a course, the following fees will be deducted and you will be paid the remainder (your “ Earned Fees”), as further set forth below:
  1. Platform Processing Fee (to MDP):
  • 20% if the sale is generated from the affiliate/marketing link provided by you
  • 25% if the sale is generated from organic browsing of the website
  • 40% if the sale is generated from an advertisement paid for by My Dance Portal, LLC
  1. Credit Card Processing Fee (collected by Stripe): 2.9% of the total fee collected plus + 30¢ per transaction.
  1. Refunds. You acknowledge that MDP may grant a Student a Refund in certain cases, in accordance with the Terms of Service , and that you will not receive any Earned Fees from transactions for which a Refund has been granted to a Student under the Terms of Service . If a Student requests a Refund after you have already received your Payout Transfer that includes the Earned Fees to be refunded, we reserve the right to deduct the amount of the Refund from the following Payout Transfer. If no further Payout Transfers are due to you, or if your final Payout Transfer is insufficient to cover the amount of the Refund, you hereby authorize MDP to deduct from your Payout Account the total unreimbursed balance of any Refunds made to Students for your Courses.
  2. Payout Processing; Payout Account. Payout processing services for Teachers are processed through Stripe and are subject to the Stripe Connected Account Agreement , which includes the Stripe Terms of Service (collectively, the “ Stripe Services Agreement”). By agreeing to these Terms or continuing to maintain Courses on the Service, you represent that you have read and understand, and agree to be bound by, the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of our enabling payment processing services through Stripe, you agree to provide us with accurate and complete information for the deposit account via which you choose to be paid, subject to the account types permitted by Strip and enabled by MDP at such time (your “ Payout Account”). You hereby authorize MDP to share such information with Stripe. MDP reserves the right to replace its third-party payment processor without notice to you.
  3. Payout Transfer. Your total Earned Fees collected during any month, less Stripe’s payout transfer fee and any Refunds made during that month, (your “ Payout Transfer”) will be deposited to your Payout Account on a monthly basis, on the last day of the month (or other day if such last day falls on a weekend or holiday) in accordance with the Stripe Services Agreement. All Payout Transfers will be made in U.S. Dollars.

Independent Contractor Relationship

YOU AGREE AND ACKNOWLEDGE THAT YOU ARE, AND SHALL CONTINUE TO BE, AN INDEPENDENT CONTRACTOR AND NOT AN EMPLOYEE OF MDP. Under no circumstances may you look to MDP as your employer, or as your partner, agent, or principal. You will not be entitled to any benefits afforded to employees of MDP, including (without limitation) any worker’s compensation, disability insurance, vacation or sick pay. You shall be responsible for providing, at your own expense, and in your own name, disability, worker’s compensation or other insurance as well as licenses and permits usual or necessary for performing the Service(s) including, but not limited to, all applicable city business tax applications. You agree to pay, when and as due, any and all taxes levied upon any amounts received by you hereunder, including estimated taxes, and shall provide MDP with proof of such payments upon demand. You further acknowledge that MDP will not withhold taxes or make social security, unemployment insurance, disability insurance or other contributions for or on your behalf, and that you are exclusively responsible for the estimation and timely payment of any federal or state income taxes. You agree to defend and indemnify MDP and its affiliates for any claims, losses, costs, fees, liabilities, damages or injuries suffered by either and arising out of your breach of this section.

Non-Exclusivity

You and MDP each acknowledge that your relationship under these Terms is nonexclusive and that you are free to provide similar or different services to any other party during the term of these Terms. Notwithstanding the foregoing, you agree that you will not (i) advertise or offer to sell any goods or services for any commercial purpose via our Service that are not relevant to providing your tutoring services on an independent-contractor basis; or (ii) solicit any Student to engage you for tutoring services outside of our Service.

Modifications

MDP may modify or replace these Terms at any time. If MDP makes any material change to these Terms, then prior to such change taking effect, MDP will provide you with notice, in any manner deemed reasonable by MDP, in its reasonable discretion, based upon the nature of such change and its materiality, including, but not limited to, by e-mailing you at the e-mail address associated with the Account or by messaging you through the Service. You can review the then-current version of the Terms at any time by visiting this page and by visiting the then-current versions of the other pages that are referenced in these Terms. Any materially revised version of these Terms will become effective on the date set forth in such notice provided to you, and all other changes will become effective upon MDP’s posting of the revised Terms at this page. If you access or use the Service after the effective date of any terms and conditions set out in a revised version of these Terms, that use will constitute your acceptance of those revised terms and conditions.

Contact Us

If you have any questions about these Teacher Terms, you may contact us at legal@mydanceportal.com or at our mailing address below.

My Dance Portal, LLC
Attn: Legal
5310 S 166th Street
Tukwila, WA 98188