Terms of Service and Use Agreement of DANCECHANNELTV.COM
Last modified and effective as of February 21, 2011
1. YOUR ACCEPTANCE OF THE TERMS
1.1 Welcome to DANCECHANNELTV.COM (the “Site” or “DANCECHANNELTV.COM”), one of the informational, educational and entertainment-oriented websites brought to you (“you” or “your”) by Dance Channel TV, Inc. and its affiliates (“DanceChannel”, “we”, “us” or “our”).We provide you with access to a wide range of Internet-based, interactive information services, general and personalized content and interactive tools (the “Services”) which are accessible through the Site, by all methods and technological mediums currently or prospectively developed.The Services are provided to you, as a user of the Services, subject to the terms and conditions of this legal agreement.A “user” is someone who accesses, browses, crawls, scrapes or in any way uses the Services.To use the Services, you must first agree to and accept these Terms of Service and Use Agreement (the “Terms”). Where such express opportunity to agree to these Terms is not present, your use of the Site and Services (or any part thereof) shall constitute your agreement to these Terms and your obligation to comply with their requirements.
1.3 By using the Site and Services, you are representing that you are of legal age (18 years and over) and of legal competence to enter into a binding agreement with us and are not otherwise prohibited from using or receiving the Site and Services pursuant to the laws of the local or national jurisdiction from which you are accessing or using the Site and Services. If you are not able to make the representations in the preceding sentence, you are prohibited from using the Site and Services; however, any unauthorized use of the Site and Services by you shall be subject to these Terms until such unauthorized use has been terminated. By using the Services on behalf of any third party, you are representing to us that you are an authorized representative of that third party and that your use of the Services represents their acceptance of these Terms.
1.4 We recommend that you retain a copy of these Terms in either electronic or tangible format for your subsequent reference.
2. CHANGES TO THE TERMS
2.1 We may periodically modify and supplement these Terms. When changes are made, we will notify you by making the revised version available on DANCECHANNELTV.COM and will indicate at the top of this page the date that the revisions were last made. You should revisit these Terms on a regular basis as revised versions will be binding on you. All amended Terms become effective upon our posting to DANCECHANNELTV.COM, and any use of the Site or Services after such revisions have been posted constitutes your consent and agreement to the modified Terms.
3. PROVISION OF THE SERVICES BY DANCECHANNELTV.COM
3.2 From time to time and without prior notice to you, we may change, update, expand or improve the Site and Services. We may also, at any time, interrupt, suspend or cease to continue operating part or all of the Services or selectively disable certain aspects of the Services or portions of the Site. Any modification or elimination of the Services will be done in our sole and absolute discretion and without an ongoing obligation or liability to you, and your use of the Site and Services does not entitle you to the continued provision or availability of the Site and Services.
3.4 When we jointly provide a service with a non-DANCECHANNELTV.COM company, you may be subject to both these Terms and the terms of service and use of the non-DANCECHANNELTV.COM company. We encourage you to review the terms of service and use of any non-DANCECHANNELTV.COM company with which you do business.
4. HOW YOU MAY USE SITE CONTENT
4.1 We use a diverse range of proprietary and authorized software, scripts, listings, directories, text, advertisements, third party information, photographs, designs, graphics, images, sound, music, audiovisual combinations, video recordings, animation, interactive features and all other materials, effects and forms of data and communication (collectively, “Content”) on the Site and as part of the Services.“User Content” means Content that you submit or transmit to, through, or in connection with the Services, such as comments and information that you submitted in any form or medium, whether by emails, posting or otherwise. “DanceChannel Content” means Content that we create and make available in connection with the Services. “Third Party Content” means Content that originates from parties other than us or our users, which is made available in connection with the Services. “Site Content” means all of Content that is made available in connection with the Services, including User Content, Third Party Content and DanceChannel Content.
4.2 Except as otherwise provided in these Terms, Site Content found on the Site or obtained by means of the Services is for your personal, individual, non-commercial, informational purposes only and may only be viewed, used, copied and distributed in compliance with these Terms and all applicable laws. By using the Site and Services, you agree that you will not copy, reproduce, alter, adapt, appropriate, reproduce, modify, create derivative works from, rent, lease, loan, sell, trade, distribute, publicly display or in any way exploit any of Site Content (other than User Content) from the Site without our prior written consent. In addition, you will not use Site Content for any unauthorized, non-commercial marketing and promotional campaigns, target or mass solicitation campaigns or political campaigning. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES TO ENABLE THE TRANSMISSION OF UNSOLICITED VOICE MESSAGES, FACSIMILES OR EMAILS IS IN VIOLATION OF THESE TERMS AND MAY BE IN VIOLATION OF FEDERAL AND STATE LAWS AND REGULATIONS THAT MAY SUBJECT YOU TO PENALTIES UNDER APPLICABLE LAWS.
4.3 You are prohibited from data mining, scraping, crawling, or using any robot, other automatic device, script, technology or processes that send automated queries to the Site, or from using other similar methods and tools to gather or extract data from the Site, without our prior written consent, which consent may be withheld and withdrawn by us at any time at our sole discretion, and with or without notice.
4.4 You may not use the Site and Services to compile data in a manner that is used or usable by a competitive product or service. You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning and display of the Site and proper operation and usage of the Services by any other authorized users and third parties.
4.5 You are prohibited from modifying or obscuring the manner in which the Site is displayed or the Services are used, including framing, scraping or any other technique that would alter the visual display of the Site or the visual display of the Services and Site Content. You may not obscure advertisements displayed as part of the Site and Services, nor modify the advertisements and listings in a way that is unauthorized. Unless expressly authorized by us in our sole and absolute discretion, you may not link to the Site or any portion of the Services (including deep linking to a specific portion of the Site). You are not permitted to script searches or search results of the Site in a manner that results in the automated display of Site Content on a third party website.
4.6 To the extent applicable, when accessing the Site, utilizing the Services or using an Account, you are required to use the security procedures currently or hereafter maintained by us to confirm that only authorized users have access to the Services and an Account. You are prohibited from utilizing alter-egos or other disguised identities when accessing the Site and utilizing the Services. All forms of indirect access are strictly prohibited. You are prohibited from attempting to access portions of the Site which are not intended for public usage, and the use of any information obtained from non-public portions of the Site is expressly prohibited.
4.8 Any use of the Site and Services, or any portion thereof, in violation of the foregoing shall constitute a violation of these Terms and may result in, among other things, termination or suspension of your rights to use the Site or any portion thereof.
4.9 If you see any objectionable content on the Site, please contact us promptly in writing to the address listed in Section 20.4 of these Terms. We are under no obligation to enforce these Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated these Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
4.10 The restrictions above, including those set forth in Section 6.6, only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing 30 days’ prior notice to us, together with any information that we may reasonably require, to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.
5. INTELLECTUAL PROPERTY NOTICE
5.1 Any and all intellectual property rights associated with the Site, Services, DanceChannel Content and Third Party Content, including the design, text, graphics, pictures, video, information, applications, software, music, sound, and other files contained therein or related thereto, and the arrangement thereof, and/or contained in the Site, including, without limitation, our company names and logos and all related products and service names, design marks and slogans, any inventive concepts, know-how, publicity rights, trademarks, trade-dress, trade secrets, copyrights and patents (collectively, the “Intellectual Property”), are the sole property of DanceChannel, its affiliates or third parties, as applicable. Except as expressly and unambiguously provided herein related to User Content, you do not possess, and we do not grant to you, any express or implied rights to any Intellectual Property and all such rights are retained by DanceChannel, its affiliates and/or any third party owner of such rights. All authorized copies that you make of DanceChannel Content, Third Party Content or the Site must bear any copyright, trademark or other proprietary notice located on the Site that pertains to Content being copied, and you agree not to remove, obscure, or alter any such proprietary notices which may be affixed to or contained therein. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any and all harm resulting from your use of or access to the Site, Services, DanceChannel Content and Third Party Content.
5.2 You are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Site, Services, DanceChannel Content, Third Party Content, products, processes or technology described therein. Except as otherwise expressly authorized by these Terms, you may not copy, reproduce, modify, reformat, lease, loan, sell, create derivative works from, upload, transmit, or distribute the Intellectual Property in any way without our express written consent, or the express written consent of the appropriate third party, as applicable. Requests for authorization should be made in writing to the address listed in Section 20.4 of these Terms.
5.3 Without our prior written consent, you are not authorized to (a) use any DANCECHANNELTV.COM name or mark, and related marks or any marks in our Intellectual Property portfolio, in any advertising, publicity or in any other commercial manner, (b) use any meta tags or any other “hidden text” utilizing any DANCECHANNELTV.COM name or mark, and related marks or any marks in our Intellectual Property portfolio or (c) use the DANCECHANNELTV.COM domain name or any domain name that is confusingly similar to our domain name as a pseudonymous return email address for any communications that you transmit from another location or through another service. Any requests for authorization related to the prohibitions of this provision should be made in writing to the address listed in Section 20.4 of these Terms.
6. CONTENT LICENSE FROM YOU
6.1 As between you and us, you may possess certain copyright intellectual property rights you have under law in Content that you may submit, display and/or post via the Site and Services. You retain copyright and any other rights you already hold in Content which you submit, display and/or post via the Site and Services.Your use of the Site and Services and your submission and/or posting of User Content, however, grants us, and our affiliates, an express, perpetual, irrevocable, royalty-free, worldwide, and non-exclusive sub-licensable license to access, store, reproduce, adapt, modify, format, delete, translate, transmit, use, disclose, sublicense, manipulate, prepare derivative works, publish, publicly perform, publicly display, distribute and communicate any and all User Content, without any obligation, notification or compensation to you (unless expressly agreed to otherwise). This license is granted to us with respect to the use of such User Content in connection with the Site and Services and any subsequent version or modification thereof, and is subject to limitation only by your removal or our removal of such User Content from the Site and Services.
6.2 You agree and acknowledge that the foregoing license grants to us and our affiliates (and any successors and assigns thereto) the full right and authority to use User Contents for any purpose related to the Site and Services, including the marketing, sale, syndication and development of the Site and Services. This license includes an unrestricted right and authority for us to make User Content available to or sublicense to other companies, organizations or individuals with whom we have a relationship for the provision of the Services.
6.3 You agree and acknowledge that we and our affiliates may modify, adapt, reformat and otherwise alter or make use of your User Content in such manner as may be required to conform User Content to standards, protocols, formats and requirements related to the Site and Services and any medium by which they are accessible currently or prospectively. You agree and acknowledge that we and our affiliates are licensed to transmit or distribute User Content in all formats and mediums over various networks now known or hereafter invented.
6.4 Your use of the Site and your submission and/or posting of User Content confirms your representation and warranty that you posses all necessary legal rights, power and authority to grant to us the foregoing license granted to us and our affiliates, and you further represent, warrant and agree that none of User Content will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights or contain false, intentionally misleading, libelous, defamatory or otherwise unlawful statements.
6.5 We are under no obligation to review any User Content submitted, posted or otherwise displayed on the Site and assume no responsibility or liability relating to any such User Content. You may not imply that any User Content is in any way sponsored or endorsed by us or our affiliates.
6.6. We reserve the right, but not the obligation, to refuse to post or remove any User Content at our sole and absolute discretion. Reasons we may refuse to post or remove such User Content may include, without limitation, any of the following:
(a) Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, scantily-clad, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
(b) Political campaigning, chain letters, mass mailings of any kind or any forms of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial email;
(c) Accusations and other assertions of unlawful conduct, including occurrences of illegal activity or false, misleading, deceptive or fraudulent advertising;
(d) Individual user information or messages including, or soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and other personally identifiable information;
(e) Any content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(f) Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
(g) Any content that involves alcohol, tobacco or weaponry, or that promotes or has a connotation to any illegal activity;
(h) Messages that are promotional or commercial in nature, or are inappropriate based on the applicable subject matter, location or topic;
(i) Language that violates the standards of the Site, the Services and our policies and those of our affiliates, as determined by us in our sole discretion;
(j) Any content that impersonates, disguises or conceals any person or entity or otherwise misrepresents a user’s affiliation with a person or entity;
(k) Content that is not readable, that is encrypted or that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming routines and code that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
(l) Any content that links (or includes embedded links) to any of the foregoing, or that links to social networking sites.
6.7 We may provide interactive activities for the Site, such as chat rooms, article and blog comment posting areas, user photo and video upload, ratings and reviews and message boards for the enjoyment of our users.We do our best to encourage comfort and discourage disruptive communication. We also discourage disruptive statements that incite others to violate our standards. We encourage your participation in upholding our standards.Our chat venues welcome people of all races, religions, genders, national origins, sexual orientations and differing points of view. Any conduct by a user that violates the Terms in any way may result in the suspension or termination of the user’s Account and access to the Site, at our sole discretion, in addition to any other remedies.
6.8 The Site may provide Content on a number of topics, but our staff or volunteer hosts do not offer professional advice of any kind and are speaking from their own experience or opinion. Neither we nor these hosts claim any professional expertise or authority. Before you act on information you’ve found on the Site, you should confirm any facts that are important to your decision.
8. THIRD PARTY SITES
8.1 Some of the websites to which you may link from the Site are owned by advertisers, service providers or other third parties. It is your responsibility to monitor when you have accessed a link to a website that is not part of the Site (collectively, the “Third Party Site(s)”), and we do not undertake any obligation to expressly notify you (via a pop-up or other interstitial display) when you are linking to a Third Party Site that is not part of the Site. You can determine if you have linked from the Site to Third Party Sites by reviewing the URL in the browser window or by “right-clicking” on the page and selecting “properties” if the link opens a new browser window.
8.2 Although we monitor use of our Intellectual Property and take appropriate measures in defending against the misappropriation of our Intellectual Property by third parties, we may not be aware of any unauthorized use of our trademarks or service marks included on a site owned and operated by a third party, and you should not rely upon any third party’s use of our Intellectual Property in determining whether a Third Party Site is affiliated with the Site, as such use may be unauthorized.
8.4 We make no representations whatsoever concerning (a) the information, software or other material appearing on, or accessible through, any Third Party Site (including, without limitation, any advertisement for products or services on any Third Party Site), (b) the performance or operation of any Third Party Site (including, without limitation, any transactions initiated or conducted through any Third Party Site, any taxes associated therewith and any use by third parties of user credit card information), (c) any products or services advertised or sold on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or services or the sale thereof) or (d) the sellers of any products or services advertised or sold on or through any Third Party Site. We shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with your use of Third Party Sites or your reliance on any such Third Party Content, goods or services, available on or through any Third Party Site.
8.5 You assume all risks arising out of or resulting from your transaction of business over the Internet, and you agree that we are not responsible or liable for any loss or result of the presence of information about third parties or links to Third Party Sites. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, copyright compliance, legality, legitimacy, decency or any other aspect of the content, advertising, products, services or other materials on or available from such sites or resources. We do not assume any responsibility for review or enforcement of any local licensing requirements that may be applicable to businesses advertised on the Site.
9. NO ASSURANCES/ NO ENDORSEMENTS/ CONTENT DISCLAIMER
9.1 DANCECHANNELTV.COM communicates information provided and created by advertisers, content partners, software developers, publishers, marketing agents, employees, users, resellers and other third parties. We have no control over the accuracy of such information provided by third parties, and Site Content on the Site may include technical inaccuracies or typographical errors.
9.2 We make no guarantees, nor can we be responsible for any information accessible on the Site or included in Site Content, including the currency, content, quality, copyright compliance or legality of such information, nor are we responsible for any resulting loss or damage relating to the use of such information. We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any errors or omissions in, any portion of the information accessible on the Site. Where appropriate, we will endeavor to update information listed on the Site on a timely basis, but shall not be liable for any delay or inaccuracies related to such updates.
9.3 We do not investigate, represent or endorse the accuracy, legality, legitimacy, validity or reliability of any products, services, deals, coupons or other promotions (“Third Party Products and Promotions”) or Third Party Content or User Content, including advice, ratings and recommendations contained on, distributed through or linked, downloaded or accessed from the Site.
9.4 References that we make to any names and marks of third parties, and Third Party Products and Promotions or hypertext links to related Third Party Sites, do not constitute or imply our endorsement, sponsorship or recommendation of the Third Party Products and Promotions.
9.5 All of the data related to Third Party Products and Promotions, including, but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the party providing the Third Party Product or Promotion.
9.6 We do not make any representations regarding the availability and performance of the Site or any of the Third Party Sites to which we link. When you click on advertiser banners, sponsor links or other external links from the Site, your browser automatically may direct you to a new browser window that is not hosted or controlled by us. We and our affiliates are not responsible for the content, functionality or technological safety of these external sites.
9.7 We reserve the right to disable links to or from Third Party Sites to our Site, although we are under no obligation to do so. This right to disable links includes links to or from advertisers, sponsors and content partners and other third parties.
9.8 Some external links may produce information that some people find objectionable, inappropriate, or offensive. We are not responsible for the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or decency of material contained in any externally linked websites.
9.9 The Site, Services and any Third Party Sites may contain content provided by advertisers or other third parties that may not be suitable for children. We do not knowingly collect personal information from children through the Site.
10. DELETIONS FROM THE SITE AND SERVICES
10.1 We reserve the right, but not the obligation, to delete or exclude (or to refuse to post to public forums) any Content we deem detrimental to the Site or defamatory, infringing or in violation of applicable laws. Third Party Content or User Content submitted to us for publication on the Site may be edited for length, clarity and/or consistency with our editorial standards.
10.2 If you see objectionable content, you may promptly report the misconduct of users and/or third party advertisers included in the Site to us to the address listed in Section 20.4 of these Terms. We reserve the right to address such requests individually or on a case-by-case basis.
11. WARRANTY DISCLAIMER
11.1 SITE AND THE SERVICES (INCLUDING SITE CONTENT AND INFORMATION POSTED AND ACCESSIBLE THEREIN) ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. DANCECHANNEL, ITS AFFILIATES AND LICENSORS AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS (COLLECTIVELY, “DANCECHANNEL ENTITIES”) DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND SITE CONTENT. DANCECHANNEL ENTITIES DO NOT WARRANT THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE, SITE CONTENT OR THE INTERNET GENERALLY, IS FREE OF VIRUSES, ERRORS, OTHER HARMFUL COMPONENTS, OR WILL BE UNINTERRUPTED.
11.2 DANCECHANNEL ENTITIES DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER LAW, ANY AND ALL WARRANTIES, REPRESENTATIONS AND ENDORSEMENTS, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES FOR ANY INFORMATION, GOODS OR SERVICES, OBTAINED THROUGH, ADVERTISED OR RECEIVED THROUGH ANY LINKS PROVIDED BY OR THROUGH THE SITE; OR REGARDING THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE SITE, SERVICES AND SITE CONTENT.
11.3 NO ADVICE OR INFORMATION PROVIDED BY DANCECHANNEL ENTITIES SHALL CREATE ANY WARRANTY.
11.4 DANCECHANNEL ENTITIES DO NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING (A) THE OPERATION OR PERFORMANCE OF THE SITE, SERVICES OR ANY THIRD PARTY SITES, (B) THE NATURE, CONTENT OR ACCURACY (EITHER WHEN POSTED OR AS A RESULT OF THE PASSAGE OF TIME) OF ANY INFORMATION, SITE CONTENT, APPARATUS OR OTHER PROCESS CONTAINED ON, DISTRIBUTED THROUGH, OR LINKED, DOWNLOADED OR ACCESSED FROM THE SITE (INCLUDING, WITHOUT LIMITATION, THOSE CONTAINED ON A THIRD PARTY SITE), (C) ANY PRODUCTS OR SERVICES PURCHASED ON OR THROUGH A THIRD PARTY SITE, OR ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR SITE CONTENT ON OR IN CONNECTION WITH THE SITE OR (D) THE INTERNET GENERALLY.
11.5 SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION AND THAT MAY NOT BE LIMITED BY THESE TERMS; PROVIDED, HOWEVER, YOU AGREE AND ACKOWLEDGE THAT TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU WAIVE ANY SUCH STATUTORY RIGHTS WITH RESPECT TO IMPLIED WARRANTIES.
12. LIMITATION OF LIABILITY
12.1 IN NO EVENT SHALL ANY OF DANCECHANNEL ENTITIES BE LIABLE TO ANY USER ON ACCOUNT OF SUCH USER’S USE, MISUSE OR RELIANCE ON THE SITE AND THE SERVICES FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, SPECIAL, PUNITIVE, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, REVENUE, USE, OR DATA WHETHER BROUGHT IN WARRANTY, CONTRACT, INTELLECTUAL PROPERTY INFRINGEMENT, TORT (INCLUDING NEGLIGENCE) OR OTHER THEORY, EVEN IF SUCH DANCECHANNEL ENTITY IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR CONNECTED WITH (A) THE USE (OR INABILITY TO USE) OR PERFORMANCE OF THE SITE AND THE SERVICES, (B) SITE CONTENT OR THE INTERNET GENERALLY, (C) RELIANCE UPON OR PERFORMANCE OF ANY SITE CONTENT CONTAINED IN OR ACCESSED FROM THE SITE OR A THIRD PARTY SITE, (D) ANY PRODUCTS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF AN ADVERTISEMENT OR OTHER INFORMATION OR SITE CONTENT ON OR IN CONNECTION WITH THE SITE, (E) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN OR (F) YOUR FAILURE TO COMPLY WITH THESE TERMS, WHETHER OR NOT THE CIRCUMSTANCES GIVING RISE TO SUCH CAUSE MAY HAVE BEEN WITHIN OUR CONTROL. DANCECHANNEL ENTITIES DO NOT ASSUME ANY LEGAL LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS, TIMELINESS OR USEFULNESS OF ANY INFORMATION, APPARATUS, PRODUCT OR PROCESS DISCLOSED ON THE SITE OR OTHER CONTENT ACCESSIBLE FROM THE SITE.THE USER OF THE SITE AND SERVICES ASSUMES ALL RESPONSIBILITY AND RISK FOR THE USE OF DANCECHANNELTV.COM, SERVICES, AND THE INTERNET GENERALLY.
THE FOREGOING LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, OR IF IT IS OTHERWISE DEEMED UNENFORCEABLE, AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (A) BREACH OF CONTRACT, (B) BREACH OF WARRANTY, (C) NEGLIGENCE OR (D) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO ALL USERS; IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
13.1 You agree to indemnify and hold us and, as applicable, our affiliates, partners, licensors and each of our, and as applicable their, respective directors, officers, employees and agents, harmless from any claim or demand, including any and all losses, liabilities, claims, demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions, and liens, including reasonable attorneys’ fees and costs, whether brought by third parties or otherwise, due to or arising out of:
(a) Your access to or use of the Services;
(b) Your breach of any representation, warranty, covenant or obligation set forth in these Terms (or any other violation of your agreement with us on the basis of these Terms);
(c) Any information, User Content or other material transmitted, submitted or provided by you through the Site and Services, including your use of the Site and Services to provide a link to another website or to upload content or other information to the Site and, without limitation, our exercise of its rights with respect to such information;
(d) Your violation of any law, or your violation of the rights of a third party, including the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity;
(e) Your publication or use of any User Content displayed on the Site; or
(f) Your use of, or conduct on, any Third Party Site including, without limitation, (i) any information, software or other material viewed or accessed by you on or through any Third Party Site (including without limitation, any advertisement or coupon for products or Services on any Third Party Site), (ii) any transactions initiated or conducted by you through any Third Party Site (including, without limitation, any taxes associated therewith and any use by third parties of your credit card information), (iii) any products or Services that you purchase or otherwise obtain on or through any Third Party Site (including, without limitation, the quality, safety and legality of such products or Services or the sale thereof), (iv) any reservations you make on or through any Third Party Site and (v) the conduct of sellers of any products or Services that you purchase or otherwise obtain on or through any Third Party Site.
13.2 The foregoing indemnity obligations will survive any termination of these Terms.
13.3 We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, which will not excuse your indemnity obligations under this Section 13. You agree not to settle any matter subject to the foregoing indemnification obligations without our prior written consent and approval.
14. DIGITAL MILLENIUM COPYRIGHT COMPLAINTS
14.1 We respect the copyright rights of others, and we ask our advertisers and other third parties to do the same. In appropriate circumstances and at our discretion, we may remove, suspend, terminate access or take other appropriate action against users or other third parties who infringe or repeatedly infringe the copyright rights of others. Therefore, if you reasonably believe that any Site Content on the Site contains unauthorized reproductions of your copyrighted work or otherwise infringes an exclusive copyright right, and you reasonably believe it is appropriate to notify us to take any action/and you want us to take any action, then, as required under the Digital Millennium Copyright Act (17 U.S.C. sec. 512) (“DMCA”), you must promptly provide in writing the following information to our Designated Agent:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(d) Information reasonably sufficient to permit us to contact you, such as an address, telephone number and email address;
(e) A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
(f) A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice, which shall also be sent to the Designated Agent.
Our Designated Agent is as follows:
Dance Channel TV, Inc.
ATT: DanceChannelTV.com/DMCA Complaints
11135 Weddington Street, Suite # 246
North Hollywood, CA 91601
OR, fax to: (818) 761-3078, ATT: DanceChannelTV.com/DMCA Complaints
ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(C)(3) WILL NOT RECEIVE A RESPONSE. NOTHING IN THIS SECTION 14.1 IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER DCMA, AND WE DO NOT REPRESENT ANY RELATED UNDERTAKING BY US NOT OTHERWISE EXPRESSLY REQUIRED BY APPLICABLE LAW.
15.1 At any time, we may close your Account, suspend or restrict your access to the Site and/or your ability to use the Services, in whole or in part, and/or bar you altogether from the Site and/or further use of all or part of the Services for any or no reason and without notice or liability of any kind. Any such action could prevent you from accessing your Account, the Services, Site Content or any other related information.
15.2 At any time, you may terminate these Terms by closing your Account, discontinuing your use of the Services, and providing us with a request of termination by emailing us at email@example.com, with a subject heading “Termination of Account”. If you close your Account, we may continue to display User Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted).
15.3 When these Terms come to an end, all of the legal rights, obligations and liabilities that DanceChannel and you have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 21.2 shall continue to apply to such rights, obligations and liabilities indefinitely.
16. REMEDIES AVAILABLE TO US
16.1 We reserve the right to seek any and all remedies available at law or in equity in connection with a violation of these Terms.
16.3 You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and you consent to injunctive or other equitable relief for such violations.
16.4 Nothing in these Terms is intended to confer upon you or any third parties any rights, remedies, or benefits not otherwise expressly conferred. Your use of the Services and Site (including any establishment of an Account or submission of User Content) does not create any partnership, agency, joint venture, fiduciary or other similar relationship between us and you.
17.1 These Terms are not assignable, transferable or sub-licensable by you, in whole or in part, except with our prior written consent, but may be assigned or transferred by us without restriction. Any assignment attempted to be made in violation of these Terms shall be void.
18.1 If for any reason a court of competent jurisdiction finds any provision of these Terms to be invalid or unenforceable, the provision will be superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms will continue in effect and remain fully enforceable.
19. LIMITED TIME TO BRING CLAIM
19.1 You acknowledge and agree that it is the intent of both you and us to limit the period of time a claim may be filed, even if the period is shorter than that fixed by the statute of limitations. You therefore agree that any cause of action arising out of or related to the Site and Services must commence within one (1) year after the cause of action accrues, otherwise such cause of action is permanently barred.
20.1 You are responsible for compliance with applicable laws, regulations and ordinances related to your use of the Services. Your compliance with applicable laws is not limited to jurisdictions within the United States (including US Federal law) but also the laws, regulations and ordinances of any jurisdiction from which you access the Site or use the Services.
20.2 These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to the exclusive jurisdiction of the courts located within Los Angeles County, California, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that DanceChannel shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree to exclude, in its entirety, the application to these Terms of the United Nations Convention on Contracts for the International Sale of Goods.
20.3 All other claims, including without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of resident in the United States, or, if you reside outside the United States, under the laws of the country in which the Site is directed.
20.4 Any notices required to be given under these Terms shall be given in writing and shall be delivered to the following address:
Dance Channel TV, Inc.
11135 Weddington Street, Suite # 246
North Hollywood, CA 91601
20.5 Except as expressly stated herein, these Terms constitute the entire agreement between you and us with respect to the Services, and they supersede and replace all prior or contemporaneous communications, proposals, understandings or agreements, whether electronic, oral or written, between you and us with respect to the Services and/or the subject matter of these Terms.
20.6 Any waiver of any provision of these Terms will be effective only if in writing and signed by you and us. Our failure to enforce our rights and remedies available to us with respect your breach of these Terms shall not constitute a waiver of such breach nor of any prior, concurrent, or subsequent breach of the same or any other provision of these Terms.
20.7 We may translate these Terms into other languages for your convenience.Nevertheless, the English version governs your relationship with us, and any inconsistencies among the different versions will be resolved in favor of the English version.