| DANCEPRANCE TERMS OF USE |
| August 27, 2010 |
| 1. GENERAL TERMS AND ACCEPTANCE OF TERMS |
| Your use of www.Danceprance.com‘s products, services and web site (“Services”) is subject to the terms of a legal agreement between you, Danceprance service providers and Danceprance.com, a website wholly owned by Composite Balance Corporation (referred to collectively as “Danceprance” in this document). Danceprance provides a collection of online resources, including but not limited to classified ads, forums, and various email services, (referred to hereafter as "the Service") subject to the following Terms of Use ("TOU"). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular Danceprance services, you agree to abide by any applicable posted guidelines for all Danceprance services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Danceprance in any way, your only recourse is to immediately discontinue use of Danceprance. Danceprance has the right, but is not obligated, to strictly enforce the TOU through self-help, community moderation, active investigation, litigation and prosecution and other means. |
| In order to use Danceprance, you must first agree to the Terms. You may not use the Services if you do not accept the terms. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with Danceprance, or (b) you are a person barred from receiving the Services under the laws of the United States and other countries including the country in which you are resident of from which you use the Services. You accept the terms by using the Services in any way and/or by creating an account. You understand and agree that Danceprance will treat your use of the Services as acceptance of the terms from that point onwards. |
| 2. MODIFICATIONS TO THIS AGREEMENT |
| We reserve the right, at our sole discretion, to change, modify or otherwise |
| alter these terms and conditions at any time. Such modifications shall become |
| effective immediately upon the posting thereof. You must review this agreement |
| on a regular basis to keep yourself apprised of any changes. You can find the |
| most recent version of the TOU at: |
| http://www.danceprance.com/legal/termsOfUse.php |
| 3. CONTENT |
| You understand that all postings, messages, text, files, images, photos, |
| video, sounds, or other materials ("Content") posted on, transmitted |
| through, or linked from the Service, are the sole responsibility of the |
| person from whom such Content originated. More specifically, you are |
| entirely responsible for each individual item ("Item") of Content that you |
| post, email or otherwise make available via the Service. You understand that |
| Danceprance does not control, and is not responsible for Content made available |
| through the Service, and that by using the Service, you may be exposed to |
| Content that is offensive, indecent, inaccurate, misleading, or otherwise |
| objectionable. Furthermore, the Danceprance site and Content available through |
| the Service may contain links to other websites, which are completely |
| independent of Danceprance. Danceprance makes no representation or warranty as |
| to the accuracy, completeness or authenticity of the information contained |
| in any such site. Your linking to any other websites is at your own risk. |
| You agree that you must evaluate, and bear all risks associated with, the |
| use of any Content, that you may not rely on said Content and that under no |
| circumstances will Danceprance be liable in any way for any Content or for |
| any loss or damage of any kind incurred as a result of the use of any Content |
| posted, emailed or otherwise made available via the Service. You acknowledge |
| that Danceprance does not pre-screen or approve Content, but that Danceprance |
| shall have the right (but not the obligation) in its sole discretion to |
| refuse, delete or move any Content that is available via the Service, for |
| violating the letter or spirit of the TOU or for any other reason. |
| 4. THIRD PARTY CONTENT, SITES, AND SERVICES |
| The Danceprance site and Content available through the Service may contain |
| features and functionalities that may link you or provide you with access |
| to third party content which is completely independent of Danceprance, |
| including web sites, directories, servers, networks, systems, information |
| and databases, applications, software, programs, products or services, |
| and the Internet as a whole. |
| Your interactions with organizations and/or individuals found on or through |
| the Service, including payment and delivery of goods or services, and any |
| other terms, conditions, warranties or representations associated with such |
| dealings are solely between you and such organizations and/or individuals. |
| You should make whatever investigation you feel necessary or appropriate |
| before proceeding with any online or offline transaction with any of these |
| third parties. |
| You agree that Danceprance shall not be responsible or liable for any loss or |
| damage of any sort incurred as the result of any such dealings. If there is |
| a dispute between participants on this site, or between users and any third |
| party, you understand and agree that Danceprance is under no obligation to |
| become involved. In the event that you have a dispute with one or more other |
| users, you hereby release Danceprance, its officers, employees, agents and |
| successors in rights from claims, demands and damages (actual and |
| consequential) of every kind or nature, known or unknown, suspected and |
| unsuspected, disclosed and undisclosed, arising out of or in any way related |
| to such disputes and / or our service. |
| 5. PRIVACY AND INFORMATION DISCLOSURE |
| Your use of the Danceprance website or the Service signifies acknowledgement of |
| and agreement that Danceprance may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: |
| comply with legal process; enforce the TOU; respond to claims that any |
| Content violates the rights of third-parties; respond to claims that contact |
| information (e.g. phone number, street address) of a third-party has been |
| posted or transmitted without their consent or as a form of harassment; |
| protect the rights, property, or personal safety of Danceprance, its users or |
| the general public. |
| 6. CONDUCT |
| You agree not to post, email, or otherwise make available Content: |
| a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, |
| libelous, invasive of another's privacy, or is harmful to minors in any way; |
| b) that is pornographic or depicts a human being engaged in actual sexual conduct |
| including but not limited to (i) sexual intercourse, including genital-genital, |
| oral-genital, anal-genital, or oral-anal, whether between persons of the same or |
| opposite sex, or (ii) bestiality, or (iii) masturbation, or (iv) sadistic or |
| masochistic abuse, or (v) lascivious exhibition of the genitals or pubic area |
| of any person or animal; |
| c) that harasses, degrades, intimidates or is hateful toward an individual or |
| group of individuals on the basis of religion, gender, sexual orientation, |
| race, ethnicity, age, or disability; |
| d) that violates any state or local law prohibiting discrimination on the basis of race, color, national origin, religion, sex, familial status or handicap; |
| e) that violates federal, state, or local equal employment opportunity |
| laws, including but not limited to, stating in any advertisement for |
| employment a preference or requirement based on race, color, religion, |
| sex, national origin, age, or disability. |
| f) with respect to employers that employ four or more employees, that |
| violates the anti-discrimination provision of the Immigration and |
| Nationality Act, including requiring U.S. citizenship or lawful |
| permanent residency (green card status) as a condition for employment, |
| unless otherwise required in order to comply with law, regulation, |
| executive order, or federal, state, or local government contract. |
| g) that impersonates any person or entity, including, but not limited to, a |
| Danceprance employee, or falsely states or otherwise misrepresents your |
| affiliation with a person or entity (this provision does not apply to Content |
| that constitutes lawful non-deceptive parody of public figures.); |
| h) that includes personal or identifying information about another person |
| without that person's explicit consent; |
| i) that is false, deceptive, misleading, deceitful, misinformative, or |
| constitutes "bait and switch"; |
| j) that infringes any patent, trademark, trade secret, copyright or other |
| proprietary rights of any party, or Content that you do not have a right to |
| make available under any law or under contractual or fiduciary relationships; |
| k) that constitutes or contains "affiliate marketing," "link referral code," |
| "junk mail," "spam," "chain letters," "pyramid schemes," or unsolicited |
| commercial advertisement; |
| l) that constitutes or contains any form of advertising or solicitation if: |
| posted in areas of the Danceprance sites which are not designated for such |
| purposes; or emailed to Danceprance users who have not indicated in writing that |
| it is ok to contact them about other services, products or commercial interests. |
| m) that advertises any illegal service or the sale of any items the sale of |
| which is prohibited or restricted by any applicable law, including without |
| limitation items the sale of which is prohibited or regulated by Virginia |
| law. |
| n) that contains software viruses or any other computer code, files or |
| programs designed to interrupt, destroy or limit the functionality of any |
| computer software or hardware or telecommunications equipment; |
| o) that disrupts the normal flow of dialogue with an excessive amount of |
| Content (flooding attack) to the Service, or that otherwise negatively |
| affects other users' ability to use the Service; or |
| p) that employs misleading email addresses, or forged headers or otherwise |
| manipulated identifiers in order to disguise the origin of Content |
| transmitted through the Service. |
| Additionally, you agree not to: |
| q) contact anyone who has asked not to be contacted, or make unsolicited |
| contact with anyone for any commercial purpose; |
| r) "stalk" or otherwise harass anyone; |
| s) collect personal data about other users for commercial or unlawful |
| purposes; |
| t) use automated means, including spiders, robots, crawlers, data mining |
| tools, or the like to download data from the Service - unless expressly |
| permitted by Danceprance; |
| u) post non-local or otherwise irrelevant Content, repeatedly post the |
| same or similar Content or otherwise impose an unreasonable or |
| disproportionately large load on our infrastructure; |
| v) attempt to gain unauthorized access to Dance prance’s computer systems or |
| engage in any activity that disrupts, diminishes the quality of, interferes |
| with the performance of, or impairs the functionality of, the Service or |
| the Danceprance website; or |
| x) use any form of automated device or computer program that enables the |
| submission of postings on Danceprance without each posting being manually |
| entered by the author thereof (an "automated posting device"), including |
| without limitation, the use of any such automated posting device to submit |
| postings in bulk, or for automatic submission of postings at regular intervals. |
| y) use any form of automated device or computer program ("flagging tool") |
| that enables the use of Dance prance’s "flagging system" or other community |
| moderation systems without each flag being manually entered by the person |
| that initiates the flag (an "automated flagging device"), or use the |
| flagging tool to remove posts of competitors, or to remove posts without a |
| good faith belief that the post being flagged violates these TOU; |
| 7. NO SPAM POLICY |
| You understand and agree that sending unsolicited email advertisements to |
| Danceprance email addresses or through Danceprance computer systems is |
| expressly prohibited by these Terms. Any unauthorized use of Danceprance computer systems is a violation of these Terms and certain federal and state laws. |
| 8. PAID POSTINGS |
| We may charge a fee to post Content in some areas of the Service. The fee |
| is an access fee permitting Content to be posted in a designated area. |
| Each party posting Content to the Service is responsible for said Content |
| and compliance with the TOU. All fees paid will be non-refundable in the |
| event that Content is removed from the Service for violating the TOU. |
| 9. LIMITATIONS ON SERVICE |
| You acknowledge that Danceprance may establish limits concerning use of the |
| Service, including the maximum number of days that Content will be retained |
| by the Service, the maximum number and size of postings, email messages, or |
| other Content that may be transmitted or stored by the Service, and the |
| frequency with which you may access the Service. You agree that Danceprance |
| has no responsibility or liability for the deletion or failure to store any |
| Content maintained or transmitted by the Service. You acknowledge that |
| Danceprance reserves the right at any time to modify or discontinue the |
| Service (or any part thereof) with or without notice, and that Danceprance |
| shall not be liable to you or to any third party for any modification, |
| suspension or discontinuance of the Service. |
| 10. ACCESS TO THE SERVICE |
| Danceprance grants you a limited, revocable, nonexclusive license to access |
| the Service for your own personal use. This license does not include any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and |
| extraction tools for any purpose unless expressly permitted by Danceprance. |
| Use of the Service beyond the scope of authorized access granted to you by |
| Danceprance immediately terminates said permission or license. In order to |
| collect, aggregate, copy, duplicate, display or make derivative use of the |
| the Service or any Content made available via the Service for other |
| purposes (including commercial purposes) not stated herein, you must first |
| obtain a license from Composite Balance Corporation. |
| Danceprance is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which Danceprance provides may change from time to time without prior notice to you. As a part of this continuing innovation, you acknowledge and agree that Danceprance may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Dance prance’s sole discretion without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Danceprance when you stop using the services. You acknowledge that if Danceprance disables access to your account, you may be prevented from accessing the Services, your account details or any other content which is contained in your account. You acknowledge and agree that while Danceprance may not currently have a set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by Danceprance at any time, at Dance prance’s discretion. |
| 11. TERMINATION OF SERVICE |
| You agree that Danceprance, in its sole discretion, has the right (but not |
| the obligation) to delete or deactivate your account, block your email or IP |
| address, or otherwise terminate your access to or use of the Service (or any |
| part thereof), immediately and without notice, and remove and discard any |
| Content within the Service, for any reason, including, without limitation, |
| if Danceprance believes that you have acted inconsistently with the letter or |
| spirit of the TOU. Further, you agree that Danceprance shall not be liable |
| to you or any third-party for any termination of your access to the Service. |
| Further, you agree not to attempt to use the Service after said termination. |
| Sections 2, 4, 6 and 10-16 shall survive termination of the TOU. |
| 12. PROPRIETARY RIGHTS |
| The Service is protected to the maximum extent permitted by copyright laws |
| and international treaties. Content displayed on or through the Service is |
| protected by copyright as a collective work and/or compilation, pursuant to |
| copyrights laws, and international conventions. Composite Balance Corporation owns all legal right, title and interest in and to the Services, including intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world the rights exist). Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Composite Balance Corporation. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of Composite Balance Corporation, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. DANCEPRANCE is a registered mark in the U.S. Patent and Trademark Office. |
| Although Danceprance does not claim ownership of content that its users post, |
| by posting Content to any public area of the Service, you automatically |
| grant, and you represent and warrant that you have the right to grant, to |
| Danceprance an irrevocable, perpetual, non-exclusive, fully paid, worldwide |
| license to use, copy, perform, display, and distribute said Content and to |
| prepare derivative works of, or incorporate into other works, said Content, |
| and to grant and authorize sublicenses (through multiple tiers) of the |
| foregoing. Furthermore, by posting Content to any public area of the Service, |
| you automatically grant Danceprance all rights necessary to prohibit any |
| subsequent aggregation, display, copying, duplication, reproduction, or |
| exploitation of the Content on the Service by any party for any purpose. Furthermore, you acknowledge that Danceprance reserves the right (but shall have no obligation to pre screen, review, flag, filter, modify or remove and or all content from and Service. |
| 13. DISCLAIMER OF WARRANTIES |
| YOU AGREE THAT USE OF THE DANCEPRANCE SITE AND THE SERVICE IS ENTIRELY AT |
| YOUR OWN RISK. THE DANCEPRANCE SITE AND THE SERVICE AS WELL AS ALL INFORMATION, DOWNLOADS, DOCUMENTATION, MATERIALS, PHOTOGRAPHS, SERVICES AND PUBLICATIONS ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE |
| WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, |
| DANCEPRANCE DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, |
| TIMELINESS, ACCURACY, AND PERFORMANCE OF THE DANCEPRANCE SITE AND THE |
| SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, DANCEPRANCE DISCLAIMS ANY |
| WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE |
| DANCEPRANCE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON |
| THE DANCEPRANCE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, DANCEPRANCE |
| DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN |
| CONNECTION WITH THE DANCEPRANCE SITE OR THE SERVICE. YOU EXPRESSLY UNDERSAND AND AGREE THAT DANCEPRANCE DO NOT REPRESENT OR WARRANT TO YOU THAT YOUR USE OF THE SERVICES WILL MEET THEIR REQUIREMENTS, YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SERCURE OR FREE FROM ERROR, ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF SERVICES WILL BE ACCURATE OR RELIABLE AND THAT DEFECTS IN THE OPERRATION OF FUNCTIONALITY OF ANY SERVICES PROVIDED TO YOU WILL BE CORRECTED, ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATEIRL; AND THAT NO ADVICE OR INFORMATIN, WHETHER ORAL OR WRITEN, OBTAINED BY YOU FROM DANCEPRANCE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. |
| 14. LIMITATIONS OF LIABILITY |
| UNDER NO CIRCUMSTANCES SHALL DANCEPRANCE AND/OR ITS RESPECTIVE SUPPLIERS, AFFILIATES, OWNER AND/OR SERVICE PROVIDERS BE LIABLE FOR DIRECT, INDIRECT, |
| INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF DANCEPRANCE |
| HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY |
| ASPECT OF YOUR USE OF THE DANCEPRANCE SITE OR THE SERVICE, WHETHER THE |
| DAMAGES ARISE FROM USE OR MISUSE OF THE DANCEPRANCE SITE OR THE SERVICE, FROM |
| INABILITY TO USE THE DANCEPRANCE SITE OR THE SERVICE, OR THE INTERRUPTION, |
| SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE DANCEPRANCE SITE |
| OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES |
| INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR |
| ADVERTISED IN CONNECTION WITH THE DANCEPRANCE SITE OR THE SERVICE OR ANY |
| LINKS ON THE DANCEPRANCE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR |
| ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE DANCEPRANCE SITE |
|
OR THE SERVICE OR ANY LINKS ON THE DANCEPRANCE SITE. IN NO EVENT SHALL DANCEPRANCE BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, MATERIALS, PUBLICATIONS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE WEBSITE OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTIN BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, OR ANY CHANGES WHICH DANCEPRANCE MAY MAKE TO THE SERVICES OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERIVCES. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION WITHIN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS. THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. DANCEPRANCE ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS IN THE WEBSITE, MATERIALS, PUBLICATIONS AND DOCUMENTS AND IN ANY OTHER REFERENCE. DANCEPRANCE MAY MAKE CHANGES TO THE WEBSITE, INFORMATION, SOFTWARE, WEBSITE, DOCUMENTS, PUBLICATIONS, PRICES, TECHNICAL SPECIFICATIONS, PRODUCT OFFERINGS AND ANY OTHER INFORMATION AND MATERIALS ON THE WEBSITE AT ANY TIME AND WITHOUT NOTICE. THE WEBSITE CONTAINS LINKS TO THIRD-PARTY SITES WHICH ARE NOT UNDER THE CONTROL OF DANCEPRANCE AND DANCEPRANCE IS NOT RESPONSIBLE FOR THE CONTENTS ON ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. DANCEPRANCE IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. DANCEPRANCE IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY THAT DANCEPRANCE ENDORSES OR ACCEPTS ANY RESPONSIBILITY FOR THE CONTENT ON SUCH THIRD-PARTY SITES. YOU UNDERSTAND THAT BY USING THE SERVICES YOU MAY BE EXPOSED TO CONTENT THAT YOU MAY FIND OFFENSIVE, INDECENT OR OBJECTIONABLE AND THAT, IN THIS RESPECT, YOU USE THE SERVICES AT YOUR OWN RISK. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL APPLY WHETHER OR NOT DANCEPRANCE HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING. |
| 15. INDEMNITY |
| You agree to indemnify and hold Danceprance, its officers, subsidiaries, |
| affiliates, successors, assigns, directors, officers, agents, service |
| providers, suppliers and employees, harmless from any claim or demand, |
| including reasonable attorney fees and court costs, made by any third party |
| due to or arising out of Content you submit, post or make available through |
| the Service, your use of the Service, your violation of the TOU, your |
| breach of any of the representations and warranties herein, or your |
| violation of any rights of another. |
| 16. GENERAL INFORMATION |
| The TOU constitute the entire agreement between you and Danceprance and |
| govern your use of the Service, completely superceding any prior agreements between you and Danceprance. The TOU and the relationship between you and Danceprance shall be governed by the laws of the State of Virginia without regard to its conflict of law provisions. You and Danceprance agree to submit to the |
| personal and exclusive jurisdiction of the courts located within the county |
| of Arlington, Virginia. Notwithstanding this, you agree that Danceprance shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. The failure of Danceprance to exercise or |
| enforce any right or provision of the TOU shall not constitute a waiver of |
| such right or provision. If any provision of the TOU is found by a court |
| of competent jurisdiction to be invalid, the parties nevertheless agree that |
| the court should endeavor to give effect to the parties' intentions as |
| reflected in the provision, and the other provisions of the TOU remain in |
| full force and effect. You agree that regardless of any statute or law to |
| the contrary, any claim or cause of action arising out of or related to use |
| of the Service or the TOU must be filed within one (1) year after such |
| claim or cause of action arose or be forever barred. |
|
17. YOUR PASSWORDS AND ACCOUNT SERCURITY |
|
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Danceprance for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Danceprance immediately via support@danceprance.com and this notification does not obligate Danceprance or assign liability to Danceprance in any way. |
| 18. FEEDBACK |
| We welcome your questions and comments on this document. Please provide comments at the following link: |
| support@danceprance.com |