DancingConnection Terms of Use
Service
Agreement |
Use of the service is strictly prohibited to minors under the age of 18, regardless
of whether you have parental consent.
This is a legal agreement
("Agreement") between you and DancingConnection.com. (the "Owner"), which will
apply to you in respect of any and all services offered by or acquired from the
DancingConnection web site (the "Site") located at www.dancingconnection.com (the
"Service"). Upon successful registration, you become a member of the Service (a
"Member"), and you agree to be bound by all of the terms and conditions of this
agreement (the "Terms") for as long as you remain a Member, in addition to our
Email, Acceptable Usage, Privacy and other terms and conditions posted on the
Site from time to time. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT PROCEED
TO REGISTER TO BECOME A MEMBER OF THE SERVICE.
THE USE OF THE SERVICE
IS TO BE DONE AT YOUR OWN RISK!
The Owner or You may terminate and void
this agreement at any time, for any reason whatsoever, effective upon sending
written notice to the other party. If you send a notice of termination, your membership
shall concurrently terminate, without an obligation to make a payment, rebate
or refund on the part of the Owner. The Owner does however reserve the right to
suspend or terminate your membership at any time, without notice, if you breach
this Agreement or any other terms and conditions posted on the Site from time
to time.
The Owner assumes no responsibility whatsoever for your use of
the Service. It is for your sole, personal use and you may not distribute your
user name and password allowing others to use the service through your membership.
Use of the service is strictly prohibited to minors under the age of 18, regardless
of whether you have parental consent.
As a member, you agree that:
You will only use the Service in a manner that is accepted and legal according
to all applicable laws and regulations.
You will adhere to our email and
acceptable use policies and all other terms and conditions relating to your usage
of the Services in respect of the Site, and will not transmit chain letters, junk
messages, advertisements or any type of solicitation whatsoever of any products
or services to any other Members of the Service.
You will not in any way
copy, modify, publish, transmit, display, sell, distribute or reproduce copyrighted
material, trademarks or other protected proprietary information without the express
written consent of the owner of such materials.
By posting information
or content to any public area of the Service, you automatically grant, and you
represent and warrant that you have the right to grant the Owner and other Members
an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use,
copy, perform, display and distribute such information and content and to prepare
derivative works of, or incorporate into other works, such information and content,
and to grant and authorize sublicenses of the foregoing.
Your use of the
service is strictly at your own risk and you are solely responsible for your contact,
whether it be written, verbal or in person, with any other Member of the Service.
The Owner and its officers, directors, employees, agents, affiliates and third
parties assume no responsibility whatsoever for harm that may come to you as a
result of your contact (of any form) with any other Member of the Service (including
but not limited to emotional, verbal and physical abuse or assault).
You
will not communicate, publish or display to any other Member any form of defamatory,
slanderous, offensive, inaccurate, abusive, profane, obscene, sexually offensive,
threatening, harassing, racial, or illegal material, including but not limited
to nude photos of yourself or others, pornographic photos or images and any other
type of unlawful or unacceptable material, as decided by the Owner. The Owner
reserves the right to remove any such material from the Service without notice.
You will not engage in, and the Owner is not be responsible for, any
form of harassment, offensive or abusive behavior of any kind whatsoever that
may be harmful to any other Member of the Service (including but not limited to
physical and emotional damage).
You will not use the Site, Services or
your profile for any purpose other than to seek other persons for meeting, friendship
or dating; the Service and profiles shall not be used for any commercial purpose
whatsoever (including but not limited to escorts, commercial or non-dating solicitations,
or otherwise). Organizations, companies, and/or businesses may not become members
and should not use the Service or the Site for any purpose. Illegal and/or unauthorized
uses of the Site, including collecting usernames and/or email addresses of members
by electronic or other means for the purpose of sending unsolicited email, forwarding
commercial or other offers to other Members by this Site or by email or other
means external to the Site, and unauthorized framing of or linking to the Site
will be investigated, and appropriate legal action will be taken, including without
limitation, civil, criminal, and injunctive redress. In order to protect our Members
from such advertising or solicitation, and to maintain usage integrity on the
Site, we reserve the right to restrict access by all Members to certain elements
of the Service on a per-action basis (including messaging or otherwise), such
levels to be determined in our sole discretion from time to time, whether determined
in respect of a 24 period or otherwise.
You will not include any contact
information or identifying content of yourself or another person in your profile.
You agree we reserve the right to change any of the terms, rights, obligations,
privileges or institute new charges for access to or continued use of Services
at any time, with or without providing such notice as the Site may determine appropriate.
All changes will be posted online or may be emailed to you at the Owner's discretion,
and you are responsible for reviewing the information and terms of usage as may
be posted regularly to obtain timely notice of such changes. Continued use of
the Services or non-termination of your membership after changes are posted or
emailed constitutes your acceptance or deemed acceptance of the terms as modified,
regardless of whether the notice or email was successfully received, read, or
lost during transmission.
You will defend, indemnify, and hold harmless
the Owner and Web Enterprises Company ("DancingConnection"), as the provider of
the Site infrastructure, their officers, directors, employees, agents, affiliates
and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney's fees on a solicitor and his own client basis) relating to
or arising out of your use of the Site or Service, including any breach by you
of the Terms of this Agreement and our Email, Acceptable Usage, Privacy and other
terms and conditions posted on the Site from time to time.
Please note
you may be involuntarily exposed to offensive or obscene materials on the Service
that may have been posted by Members, hackers or unauthorized users from time
to time. Please note that it is possible for others to obtain your personal information
and use it to engage in an action that may be harmful to you or injure you. The
Owner is not responsible for the use of any personal information that you choose
to display, publish or distribute to other Members.
THE OWNER RESERVES
THE RIGHT, BUT HAS NO OBLIGATION, TO MONITOR THE MATERIALS POSTED IN THE PUBLIC
AREAS OF THE SERVICE. THE OWNER SHALL HAVE THE RIGHT TO REMOVE SUCH MATERIAL THAT
VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT.
IN NO EVENT
WILL DancingConnection, ITS AFFILIATES OR THE OWNER BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY DEATHS,
THREATS, TORTS OR INJURIES COMMITTED BY ANY OTHER USERS, DAMAGES FOR LOSS OF DATA,
LOSS OF PROGRAMS, COST OF SERVICE INTERRUPTIONS OR PROCUREMENT OF SUBSTITUTE SERVICES)
DIRECTLY OR INDIRECTLY ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE,
EVEN IF THE OWNER, DancingConnection OR OUR AGENTS OR REPRESENTATIVES KNOW OR
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING
TO THE CONTRARY CONTAINED HEREIN, THE LIABILITY TO YOU BY DancingConnection, ITS
AFFILIATES, OR THE OWNER FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM
OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU
FOR THE SERVICE DURING THE TERM OF MEMBERSHIP.
UNDER NO CIRCUMSTANCES
WILL DancingConnection, ITS AFFILIATES OR THE OWNER BE RESPONSIBLE FOR ANY LOSS
OR DAMAGE RESULTING FROM YOUR USE OF THE SERVICE, YOUR RELIANCE ON INFORMATION
OR OTHER CONTENT POSTED ON THE SERVICE, OR TRANSMITTED TO MEMBERS. NEITHER DancingConnection,
ITS AFFILIATES NOR THE OWNER GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY INFORMATION ON THE SERVICE, AND NEITHER ADOPTS NOR ENDORSES NOR IS RESPONSIBLE
FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE. THE
SERVICE IS PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OR CONDITIONS OF
ANY KIND, EXPRESS, IMPLIED, STATUTORY, IN ALL COMMUNICATION WITH THE OWNER, DancingConnection,
ITS AFFILIATES OR OUR REPRESENTATIVES, OR OTHERWISE WITH RESPECT TO THE SERVICE.
REC, ITS AFFILIATES AND THE OWNER SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER
DancingConnection, ITS AFFILIATES NOR THE OWNER WARRANT THAT YOUR USE OF THE SERVICE
WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, OR ERROR-FREE, OR WILL MEET YOUR
REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED.
DancingConnection,
ITS AFFILIATES AND THE OWNER DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF
ACTION, FOR THE ACTS OR OMISSIONS OF OTHER MEMBERS OR USERS (INCLUDING UNAUTHORIZED
USERS, OR "HACKERS") OF THE SITE OR SERVICE.
Certain jurisdictions limit
the applicability of warranty disclaimers and limitations of liability so the
above disclaimers of warranty and limitations of liability may not apply to you.
This Agreement as construed between the Owner and you is governed under the laws
of the jurisdiction of incorporation of the Owner, regardless of conflicts of
law principles. However, this Agreement as construed between DancingConnection,
its affiliates and yourself shall be governed under the laws of the United States
of America, regardless of conflicts of law principles. Any legal proceedings arising
out of or relating to this Agreement shall be determined in the courts of the
incorporating jurisdiction as it may pertain to the Owner, and shall be shall
be determined in the courts in the United States of America as they may pertain
to DancingConnection and its affiliates.
This Agreement, accepted upon
registering for the Service, contains the entire Agreement regarding the use of
the Service. This Agreement may be relied upon by DancingConnection as noted above,
and may only be amended as it pertains to DancingConnection with the express consent
of DancingConnection. Unless otherwise explicitly stated, the Terms will survive
termination of your membership to the Service. If any provision of this Agreement
is held invalid, the remainder of this Agreement shall continue in full force
and effect.