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Effective May 16, 2007
Terms of Use
Dancebubble.com is a social networking utility
that connects dancers from all over the world. The Dancebubble.com service and
network are operated by Dancebubble.com, Inc. and its corporate affiliates. The
services offered by Dancebubble.com include the Dancebubble.com website and any
other features, content, or applications offered from time to time by
Dancebubble.com.
By using the Dancebubble.com services or website,
you agree to be bound by this agreement. All users of the Dancebubble.com
website must agree and are legally bound by this agreement. Whether you are a
“Visitor” (simply browse through the Dancebubble.com website) or you are a
“Member” (a valid registered member of Dancebubble.com). The term “user” refers
to all visitors and members. You are only authorized to use and access the
Dancebubble.com website if you agree to abide by these terms. If you do not
agree to the Dancebubble.com Terms of Use Agreement, you should leave the
Dancebubble.com website, and discontinue all access and use of the
Dancebubble.com services immediately. This Agreement includes Dancebubble.com's
guidelines for acceptable use of the Dancebubble.com services and content
posted on the Dancebubble.com website.
This Agreement includes, but is not limited to,
your rights, obligations, and restrictions regarding your use of the
Dancebubble.com website. Agreeing to the Dancebubble.com Terms of Use Agreement
also means that you agree to the Dancebubble.com Privacy Policy and Copyright
Policy, those additional terms are hereby incorporated into this Agreement.
Dancebubble.com reserves the right to modify or
change this agreement at any time. Dancebubble.com will post any and all
changes and the date of modification in this Agreement. You agree to be bound
to any and all changes to this agreement when you use the Dancebubble.com
services after such modification is posted. By agreeing to these Terms you
accept that it is your responsibility to review this Agreement regularly.
ELIGIBILITY.
Membership in the Dancebubble.com Service is void
where prohibited. The Dancebubble.com website is intended solely for users over
the age of fourteen. Any registration by, use of, or access to the
Dancebubble.com website by anyone under the age of fourteen, is unauthorized,
unlicensed and in violation of these Terms of Use. By using the Dancebubble.com
services or website you represent and warrant that you are 14 or older, and
that you agree to abide by all of the terms and conditions of this Agreement
You represent and warrant that a) all registration information you submit is
truthful, accurate, and complete, b) it is your responsibility to maintain the
accuracy of such information, c) it is your responsibility to maintain the
security of your password and identification, and d).you are fully responsible
for all use of your account and for any actions that take place using your
account. Dancebubble.com reserves the right to delete your profile or terminate
your membership if we believe you are less than 14 years of age or if we
believe your use of the Dancebubble.com website violates any applicable laws or
regulations.
FEES.
Dancebubble.com reserves the right to charge for
the Dancebubble.com services at any time and to change or modify its fees at
any time. If Dancebubble.com terminates your membership or deletes your profile
because you have breached the Terms of this Agreement you are not entitled to
the refund of any unused portion of subscription and/or other fees.
UNAUTHORIZED COMMERCIAL USE BY MEMBERS
The Dancebubble.com services are not to be used in
any way, shape, or form for advertising or any commercial endeavors except
those that are specifically endorsed or approved by Dancebubble.com. Illegal
and/or unauthorized use of Dancebubble.com Services, including but not limited
to, sending unsolicited emails, unauthorized linking, commercial
advertisements, affiliate links, and other forms of solicitation will be
removed and may result in termination of membership. Appropriate legal action
will be taken for any illegal or unauthorized use of the Dancebubble.com
Services.
PROPRIETARY RIGHTS; INTELLECTUAL PROPERTY RIGHTS; LIMITED LICENSE
All content on Dancebubble.com and available
through the website, including but not limited to design, text, graphics,
logos, pictures, video, information, applications, software, music, sound, and
other files, and their arrangement are the proprietary property of
Dancebubble.com, Inc, its users or its licensors with all rights reserved. No
site content may be modified, copied, distributed, framed, reproduced,
displayed, transmitted, or sold, in whole or in part, without Dancebubble.com's
written permission. Dancebubble.com does not claim any ownership rights in the
text, files, images, photos, videos, sounds, music, or any other materials that
are submitted by the Users of the Dancebubble.com Service. After posting
Content to Dancebubble.com, you continue to retain all ownership rights in such
Content. By publishing or posting any material or content on the
Dancebubble.com website or through the Dancebubble.com Services, you hereby
grant Dancebubble.com a limited license to use, modify, publicly perform,
publicly display, reproduce, and distribute such Content solely on the
Dancebubble.com website or through the Dancebubble.com Services. This limited
license is non-exclusive(you are free to license your content to anyone else in
addition to Dancebubble.com), fully paid, and royalty free(Dancebubble.com is
not required to pay you for the use on the Dancebubble.com website of the
content you post), sub licensable(we can use our affiliates and subcontractors
to provide the Dancebubble.com Services), and worldwide(the Internet and
Dancebubble.com Services are available all over the world) . This license is
terminated when you remove your Content from Dancebubble.com. You also
represent and warrant that you a)own the Content you post on Dancebubble.com or
b) otherwise have the right to grant the license set forth above.
USER SUBMITTED CONTENT
Dancebubble.com may or may not monitor the User
Submitted Content. All User Submitted Content is the property of the user who
submitted it, and Dancebubble.com may or may not monitor all User Submitted
Content. Dancebubble.com's policy on PROHIBITED content and activity is the
following. Dancebubble.com reserves the right to delete any content that
violates the Terms of this Agreement. The following is a partial list of
Content/Activity that is illegal, unauthorized, and prohibited; It includes but
is not limited to content that is a) offensive and promotes racism, hatred, or
physical harm of any kind to any group or individual b) misleading information
c) false or untrue information d) advocates harassment of another person or
group e) exploits people in any way shape or form f) contains nudity,
pornography, or offensive subject matter g) unauthorized solicitation of any
kind h) promotes illegal activities of any kind i) unauthorized copyright
infringement j) criminal activity of any kind k) advertising to, or
solicitation of, any Member to buy or sell products or services l) any and all
automated use of the Dancebubble.com Services m) Interfering with, disrupting,
or creating an undue burden on the Dancebubble.com Services or network n)
impersonating another member or person o) using the account of another member
at any time or permitting a third party to use your account at any time p)
displaying any type of commercial advertisement on your Dancebubble.com profile
q) Using the Dancebubble.com Service in any matter that breaks any and all
applicable laws and regulations.
COPYRIGHT POLICY
Dancebubble.com respects the intellectual property
rights of others and we prohibit users from uploading, posting, or otherwise
transmitting any materials that violate another party's intellectual property
rights. You may not post, distribute, or reproduce in any way any copyrighted
material, trademarks, or other proprietary information belonging to others
without obtaining written consent from the owner of such proprietary rights. If
you believe that any material on Dancebubble.com infringes upon any copyright
which you own or control please contact us immediately and we will remove it
and take appropriate action.
DISCLAIMERS
Dancebubble.com is not responsible for any
incorrect or inaccurate information or content posted on the Dancebubble.com
website. Profiles created and posted by Users or Members of the Dancebubble.com
website may or may not contain links to other websites. Dancebubble.com is not
responsible for the content, accuracy or opinions expressed on such websites.
Dancebubble.com does not approve or endorse any user-submitted links through
the Dancebubble.com Services. When you click these links and are taken outside
of Dancebubble.com, you do so at your own risk. Dancebubble.com also takes no
responsibility for the goods or services provided by its advertisers. Under no
circumstances shall Dancebubble.com be responsible for any loss or damage,
including personal injury or death, resulting from use of the Dancebubble.com
Services, attendance at a Dancebubble.com event, from any Content posted on or
through the Dancebubble.com Services.
LIMITATION ON LIABILITY
IN NO EVENT SHALL DANCEBUBBLE.COM BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL,
SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR
USE OF THE SERVICES, EVEN IF DANCEBUBBLE.COM HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, DANCEBUBBLE.COM LIABILITY TO YOU 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 TO DANCEBUBBLE.COM FOR THE DANCEBUBBLE.COM SERVICES
DURING THE TERM OF MEMBERSHIP.
TERMINATION
Dancebubble.com reserves the right to terminate
you membership, delete your profile and erase any and all information that you
have posted on the Dancebubble.com website and/or prohibit you from accessing
the site for any reason, or for no reason, at any time in its sole discretion,
with or without notice.
ARBITRATION
Arbitration under this Agreement shall be
conducted by the American Arbitration Association (the "AAA") under its
Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's
Supplementary Procedures for Consumer Related Disputes ( the "AAA Consumer
Rules") (collectively the "AAA Rules"). The location of the arbitration and the
allocation of costs and fees for such arbitration shall be determined in
accordance with such AAA Rules and shall be subject to the limitations provided
for in the AAA Consumer Rules (for consumer disputes). If such costs are
determined to be excessive in a consumer dispute, the Company will be
responsible for paying all arbitration fees and arbitrator compensation in
excess of what is deemed reasonable. The arbitrator's award shall be binding
and may be entered as a judgment in any court of competent jurisdiction.
OTHER
These Terms of Use constitute the entire agreement
between you and Dancebubble.com regarding the use of the Site and/or the
Service, superseding any prior agreements between you and Dancebubble.com
relating to your use of the Site or the Service. The failure of Dancebubble.com
to exercise or enforce any right or provision of these Terms of Use shall not
constitute a waiver of such right or provision in that or any other instance.
If any provision of this Agreement is held invalid, the remainder of this
Agreement shall continue in full force and effect. If any provision of these
Terms of Use shall be deemed unlawful, void or for any reason unenforceable,
then that provision shall be deemed removable from these Terms of Use and shall
not affect the validity and enforceability of any remaining provisions.
© Copyright 2007 Dancebubble.com, Inc.
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