Dance Nut, LLC, a Massachusetts limited liability company (“DANCE NUT,” “the Company,” “we,” or “us,”), owns the website available at the domain name www.dancenut.com (the “Site”) and certain content and Services made available to registered users of the Site (“Services”). This User Agreement (the “Agreement”) is the legal agreement between you and DANCE NUT governing your use of the Services. The term “you”, as used herein, may refer, depending upon the context, to either a registered “Member” (such as a dancer or dance service provider listing services and other content) or a “User” (anyone who visits the Site without registering or logging in, such as a potential user of a Member’s service). Please read this Agreement carefully. DANCE NUT is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. By using the Site and/or by completing the registration process you represent and warrant that you have the legal capacity to enter into contracts, and you agree to be bound by these terms in connection with your access to, and use of, the Site and the Services offered on or provided through the Site. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD NOT USE THE SERVICES OR CONTENT OR OTHERWISE USE THE SITE.
By accepting the terms of this Agreement you certify that you are at least 18 years of age if you wish to register as a Member of the site, or that you are at least 13 years of age and that you are using this site with the guidance and permission of a parent or guardian if you wish to merely interact with the site as a User.
You acknowledge and agree that the availability of the Internet, and your ability to use the Services is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that availability of web-based browsing is not guaranteed. DANCE NUT is not responsible for the act or omission of any internet provider, any limitations imposed by such provider, or such provider’s ability or inability to support the Services. You further acknowledge that DANCE NUT does not guarantee and is not responsible for the availability or accuracy of any third-party websites or Services accessed through the Site, and DANCE NUT does not endorse or warrant any such third-party websites or Services. In addition and without limiting the foregoing, in no event will DANCE NUT be liable for any error by you in using the Services, for whatever reason.
DANCE NUT reserves the right, in its sole discretion, to modify the Services from time to time and without notice. DANCE NUT shall have no liability to you for any modification or discontinuation of the Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Services as so modified.
You acknowledge and agree that if you sign up for a paid membership plan, all applicable payments will be managed by a secure 3rd party payment service such as PayPal. Applicable charges will thus be assessed against your credit card or your account by the 3rd party payment service. You agree that you will assume all liability for and shall promptly pay any and all charges to which you agreed when singing up for the paid membership plan. DANCE NUT will provide you with reasonable notice of any material modification in the fees charged for the Services, which notice may be provided by posting the new fee schedule on the Site.
As a condition of use, you promise not to use the Services for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by DANCE NUT.
By way of example, and not as a limitation, you agree NOT to use the Services:
DANCE NUT may remove any Content or deactivate any DANCE NUT account at any time for any reason (including, but not limited to, receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all. To report Agreement abuse, please email: email@example.com.
By making use of the Site, you, as a Member, commit to the following responsibilities:
Your fulfillment of these responsibilities is vital for keeping DANCE NUT valuable to Users and Members of the site and therefore valuable to you. Violation of these responsibilities can result in cancellation of your membership.
If you post a listing or any other content on the Site, you agree to indemnify, defend and hold harmless DANCE NUT, its members, managers, agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you (or anyone accessing the post originating from your account) submit or transmit through the Services, including, but not limited to: comments, hyperlinks, embedded material, photos, video, audio, or graphics (b) your use of, or access to, the Services, (c) your violation of this Agreement, (d) your violation of any rights of any third party, including, but not limited to, any intellectual property right including copyright, trademark, trade dress, trade secret, or patent, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines transmitted by you into the Services.
DANCE NUT and/or its licensors own all right, title and interest in and to the Services and the Site. All such material is protected by relevant intellectual property laws, including copyright, trademark and/or trade secret laws. Without limiting anything herein, the Services and other material from the Site may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and DANCE NUT. In addition and without limiting the foregoing, all trademarks, Services marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Site and the Services are the property of DANCE NUT and/or its affiliates, partners, licensors and/or licensees. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.
In the event that you upload or otherwise contribute Listings or other content or Services to the Site (each, a “Contribution”), you shall grant to DANCE NUT, upon performing such upload or making such Contribution, a perpetual, non-exclusive, royalty free, fully paid license to use, publish, display, distribute, modify, reproduce, make available for download, and create derivative works of such Contribution(s). The foregoing license shall include the right for DANCE NUT to exercise copyright and publicity rights with regard to the Contribution(s) and to incorporate the Contribution(s) into the Site and any of DANCE NUT’s Services. You warrant to DANCE NUT that (i) you own all rights in and to any content you upload or any Contribution you make, (ii) any content you upload or any Contribution you make does not violate any third party’s intellectual property rights, and (iii) any such content or Contribution is neither defamatory nor violates any applicable laws. DANCE NUT reserves the right in its sole discretion to reject any User/Member Contributions. IF YOU DO NOT AGREE TO THE FOREGOING GRANT OF LICENSE RIGHTS AND WARRANTIES, YOU SHOULD REFRAIN FROM UPLOADING ANY CONTENT OR MAKING ANY CONTRIBUTION.
Please see our Copyright Policy, which is hereby incorporated by reference.
DANCE NUT may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.
The DANCE NUT Voucher Program allows certain Members to make available to other Members discounted or free vouchers for specific services that they offer. In addition to being bound to the terms set forth in this User Agreement, Members who participate in the Voucher Program are also subject to all rules of the Voucher Program as described elsewhere on the Site, including in FAQs. These rules may be updated without notice.
DANCE NUT may terminate or suspend the Services in whole or in part and/or your DANCE NUT account immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services will immediately cease.
If you wish to terminate your DANCE NUT account, you may discontinue using the Services by sending an email message to firstname.lastname@example.org with the word "Terminate account" in the subject field.
All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DANCE NUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. DANCE NUT MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. DANCE NUT DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES WITH RESPECT TO PERFORMANCE, ACCURACY, RELIABILITY, SECURITY CAPABILITY, CURRENTNESS OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT ANY SERVICES YOU OBTAIN THROUGH USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND DANCE NUT MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SERVICES. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICES IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DANCE NUT OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL DANCE NUT OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR PERSONAL INJURY, EMOTIONAL DISTRESS, OR LOSS OF: REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF DANCE NUT TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED TO ONE HUNDRED DOLLARS ($100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.
This Agreement and the relationship between you and DANCE NUT shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Services, must be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to Services of process issued or authorized by, any such court.
The Parties hereby agree that no suit arising from the Use of the Site (except for cross claims filed in suits originated by third parties) may be maintained until the parties have first submitted the dispute to non-binding mediation. All such mediations shall be commenced within sixty (60) days of a party’s written notice to the other demanding such mediation. All such mediations shall be conducted at a site which is not more than ten (10) miles from DANCE NUT’s headquarters in Boston, Massachusetts. The choice of mediator shall be by mutual consent with each party bearing fifty percent of the costs therefor and its, his, or her own legal costs. The failure of a party to cooperate with, or otherwise deal with, a party in good faith in connection with this provision shall be grounds for whatever remedies are available to the non-breaching party, including the commencement of suit upon written notice to the other party detailing the breaching party’s non-compliance with this provision, which notice shall be admissible in any proceeding.
You agree that regardless of any statute or law to the contrary (including limitations on actions arising under contract), any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The Agreement constitutes the entire, exclusive and final statement of the agreement between you and DANCE NUT with respect to the subject matter herein, superseding any prior agreements or negotiations between you and DANCE NUT with respect to the Services.
DANCE NUT may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement 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 that the other provisions of this Agreement remain in full force and effect.
No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind DANCE NUT in any respect whatsoever.
The Agreement is not assignable, transferable or sublicensable by you except with DANCE NUT’s prior written consent. DANCE NUT may transfer, assign or delegate the Agreement and its rights and obligations without consent.
The section titles in this Agreement are for convenience only and have no legal or contractual effect.
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