AGREEMENT BETWEEN USER AND Dance
Power
The Dance Power Web Site is comprised of various Web
pages operated by Dance Power.
The Dance Power Web Site is offered to you conditioned on
your acceptance
without modification of the terms, conditions, and
notices contained herein. Your
use of the Dance Power Web Site constitutes your
agreement to all such terms,
conditions, and notices.
MODIFICATION OF THESE TERMS OF
USE
Dance Power reserves the right to change the terms,
conditions, and notices
under which the Dance Power Web Site is offered,
including but not limited
to the charges associated with the use of the Dance
Power Web Site.
LINKS TO THIRD PARTY SITES
The Dance Power Web Site may contain links to other Web
Sites ("Linked Sites").
The Linked Sites are not under the control of Dance
Power and Dance Power
is not responsible for the contents of any Linked Site,
including without limitation
any link contained in a Linked Site, or any changes or
updates to a Linked Site.
Dance Power is not responsible for webcasting or any
other form of transmission
received from any Linked Site. Dance Power is providing
these links to you
only as a convenience, and the inclusion of any link
does not imply endorsement
by Dance Power of the site or any association with its
operators.
NO UNLAWFUL OR PROHIBITED
USE
As a condition of your use of the Dance Power Web Site,
you warrant to Dance Power
that you will not use the Dance Power Web Site for any
purpose that is unlawful
or prohibited by these terms, conditions, and notices.
You may not use the Dance Power
Web Site in any manner which could damage, disable,
overburden, or impair the Dance Power
Web Site or interfere with any other party's use and
enjoyment of the Dance Power
Web Site. You may not obtain or attempt to obtain any
materials or information through
any means not intentionally made available or provided
for through the Dance Power
Web Sites.
USE OF COMMUNICATION
SERVICES
The Dance Power Web Site may contain bulletin board
services, chat areas,
news groups, forums, communities, personal web pages,
calendars, and/or other message
or communication facilities designed to enable you to
communicate with the public
at large or with a group (collectively, "Communication
Services"), you agree to
use the Communication Services only to post, send and
receive messages and material
that are proper and related to the particular
Communication Service. By way of example,
and not as a limitation, you agree that when using a
Communication Service, you
will not:
- Defame, abuse, harass, stalk, threaten or otherwise
violate the legal rights (such
as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory,
infringing, obscene, indecent or unlawful topic,
name, material or information.
- Upload files that contain software or other material
protected by intellectual property
laws (or by rights of privacy of publicity) unless
you own or control the rights
thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files,
or any other similar software
or programs that may damage the operation of
another's computer.
- Advertise or offer to sell or buy any goods or
services for any business purpose,
unless such Communication Service specifically
allows such messages.
- Conduct or forward surveys, contests, pyramid
schemes or chain letters.
- Download any file posted by another user of a
Communication Service that you know,
or reasonably should know, cannot be legally
distributed in such manner.
- Falsify or delete any author attributions, legal or
other proper notices or proprietary
designations or labels of the origin or source of
software or other material contained
in a file that is uploaded.
- Restrict or inhibit any other user from using and
enjoying the Communication Services.
- Violate any code of conduct or other guidelines
which may be applicable for any particular
Communication Service.
- Harvest or otherwise collect information about
others, including e-mail addresses, without their
consent.
- Violate any applicable laws or regulations.
Dance Power has no obligation to monitor the
Communication Services. However,
Dance Power reserves the right to review materials
posted to a Communication
Service and to remove any materials in its sole
discretion. Dance Power
reserves the right to terminate your access to any or
all of the Communication Services
at any time without notice for any reason whatsoever.
Dance Power reserves the right at all times to disclose
any information
as necessary to satisfy any applicable law, regulation,
legal process or governmental
request, or to edit, refuse to post or to remove any
information or materials, in
whole or in part, in Dance Power's sole discretion.
Always use caution when giving out any personally
identifying information about
yourself or your children in any Communication Service.
Dance Power does
not control or endorse the content, messages or
information found in any Communication
Service and, therefore, Dance Power specifically
disclaims any liability
with regard to the Communication Services and any
actions resulting from your participation
in any Communication Service. Managers and hosts are not
authorized Dance Power
spokespersons, and their views do not necessarily
reflect those of Dance Power.
Materials uploaded to a Communication Service may be
subject to posted limitations
on usage, reproduction and/or dissemination. You are
responsible for adhering to
such limitations if you download the materials.
MATERIALS PROVIDED TO Dance Power
OR POSTED AT ANY Dance Power
WEB SITE
Dance Power does not claim ownership of the materials you
provide to Dance Power
(including feedback and suggestions) or post, upload,
input or submit to any Dance Power
Web Site or its associated services (collectively
"Submissions"). However, by posting,
uploading, inputting, providing or submitting your
Submission you are granting Dance Power,
its affiliated companies and necessary sublicensees
permission to use your Submission
in connection with the operation of their Internet
businesses including, without
limitation, the rights to: copy, distribute, transmit,
publicly display, publicly
perform, reproduce, edit, translate and reformat your
Submission; and to publish
your name in connection with your Submission.
No compensation will be paid with respect to the use of
your Submission, as provided
herein. Dance Power is under no obligation to post or
use any Submission
you may provide and may remove any Submission at any
time in Dance Power's
sole discretion.
By posting, uploading, inputting, providing or submitting
your Submission you warrant
and represent that you own or otherwise control all of
the rights to your Submission
as described in this section including, without
limitation, all the rights necessary
for you to provide, post, upload, input or submit the
Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH
THE Dance Power WEB SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION
HEREIN. Dance Power AND/OR
ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
THE Dance Power WEB
SITE AT ANY TIME. ADVICE RECEIVED VIA THE Dance Power
WEB SITE SHOULD NOT
BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL
DECISIONS AND YOU SHOULD
CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Dance Power AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS
ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF
THE INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE
Dance Power WEB
SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Dance
Power AND/OR ITS SUPPLIERS
HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL
IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT SHALL Dance Power
AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN
ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE Dance Power WEB SITE, WITH THE
DELAY OR INABILITY
TO USE THE Dance Power WEB SITE OR RELATED SERVICES, THE
PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION,
SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE Dance Power
WEB SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE Dance Power WEB SITE,
WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
Dance Power OR
ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY
OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE Dance Power WEB SITE, OR WITH
ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE Dance Power
WEB SITE.
SERVICE CONTACT: [email protected]
TERMINATION/ACCESS
RESTRICTION
Dance Power reserves the right, in its sole discretion,
to terminate your
access to the Dance Power Web Site and the related
services or any portion
thereof at any time, without notice. GENERAL To the
maximum extent permitted by
law, this agreement is governed by the laws of the State
of Washington, U.S.A. and
you hereby consent to the exclusive jurisdiction and
venue of courts in San Mateo County,
California, U.S.A. in all disputes arising out of or
relating to the use of the
Dance Power Web Site. Use of the Dance Power Web Site is
unauthorized
in any jurisdiction that does not give effect to all
provisions of these terms and
conditions, including without limitation this paragraph.
You agree that no joint
venture, partnership, employment, or agency relationship
exists between you and
Dance Power as a result of this agreement or use of the
Dance Power
Web Site. Dance Power's performance of this agreement is
subject to existing
laws and legal process, and nothing contained in this
agreement is in derogation
of Dance Power's right to comply with governmental,
court and law enforcement
requests or requirements relating to your use of the
Dance Power Web Site
or information provided to or gathered by Dance Power
with respect to such
use. If any part of this agreement is determined to be
invalid or unenforceable
pursuant to applicable law including, but not limited
to, the warranty disclaimers
and liability limitations set forth above, then the
invalid or unenforceable provision
will be deemed superseded by a valid, enforceable
provision that most closely matches
the intent of the original provision and the remainder
of the agreement shall continue
in effect. Unless otherwise specified herein, this
agreement constitutes the entire
agreement between the user and Dance Power with respect
to the Dance Power
Web Site and it supersedes all prior or contemporaneous
communications and proposals,
whether electronic, oral or written, between the user
and Dance Power with
respect to the Dance Power Web Site. A printed version
of this agreement
and of any notice given in electronic form shall be
admissible in judicial or administrative
proceedings based upon or relating to this agreement to
the same extent an d subject
to the same conditions as other business documents and
records originally generated
and maintained in printed form. It is the express wish
to the parties that this
agreement and all related documents be drawn up in
English.
COPYRIGHT AND TRADEMARK
NOTICES:
All contents of the Dance Power Web Site are: Copyright
2024 by Dance Power and/or
its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned
herein may be the trademarks
of their respective owners.
The example companies, organizations, products, people
and events depicted herein
are fictitious. No association with any real company,
organization, product, person,
or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section
512(c)(2), notifications of claimed
copyright infringement under United States copyright law
should be sent to Service
Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT
TO THE FOLLOWING PROCEDURE
WILL RECEIVE NO RESPONSE. See Notice and Procedure for
Making Claims of Copyright
Infringement.