This Terms of Use Agreement ("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and DanceCompetitionHub.com ("Company"), concerning your access to and use of the dancecompetitonhub.com website ("website"). The website allows users who register for an account with the Company to view, rate, and comment about dance competitions, vendors, and suppliers, and it allows website viewers who do not register for an account with the Company to view information, ratings, and comments about dance competitions, vendors, and suppliers (collectively, the "Company Services"). The Company Services are free of charge.
NOTICE: These Terms of Use contain provisions that govern how claims you and the Company may have against each other are resolved (see section 12, below), including an agreement and obligation to arbitrate disputes, which will, subject to limited exceptions, require you to submit claims you have against us to binding arbitration, unless you opt-out in accordance with section 12.4. Unless you opt-out of arbitration: (a) you will only be permitted to pursue claims against us on an individual basis, not as part of any class or representative action or proceeding, except for small-claims court; and (b) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis
1. Eligibility. By using the Company Services, you represent and warrant that: (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; (d) your use of the Company Services does not violate any applicable law or regulation; and (e) you consent to receiving marketing and promotion e-mails from the Company and its marketing affiliates.
2. User Representations and Warranties. You are entirely responsible for the content of, and any harm resulting from, your postings to the review and comments sections of the website and all data inserted into our database via any other method for submitting content to the website (collectively, "Contribution"). When you create or make available a Contribution, you thereby represent and warrant that
3.1. Prohibited Activities. You may not access or use the website for any other purpose other than that for which Company makes it available. Certain activities, even if legal, may violate the common rules of etiquette governing Contributions, as determined by Company in Company's sole discretion. Prohibited activity includes, but is not limited to:
3.2Liquidated Damages . If you engage in any prohibited activity, or otherwise violate this Agreement, you shall be liable to the Company in the amount of fifty dollars ($50.00 USD) per prohibited incident or per violation of this Agreement.
4. Passwords When you create an account with the website, you will be asked to supply a password. You must keep your password confidential, and are responsible for all use of your password and account.
5.1 Company's Intellectual Property Rights. The content on the website, except for all content created by users ("Contribution"), including without limitation, website design, selection of competitions, vendors, and suppliers ("Materials") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Materials on the website are provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Company reserves all rights not expressly granted in and to the website and the Materials. You agree to not engage in the use, copying, or distribution of any of the Materials other than expressly permitted by Company, including any use, copying, or distribution of third parties' materials obtained through the website for any commercial purposes. You agree not to gain unauthorized access to the Company's computer systems or to circumvent, disable or otherwise interfere with security related features of the website or features that prevent or restrict use or copying of any Materials or enforce limitations on use of the website or the Materials therein.
5.2 Other Intellectual Property Rights. You retain all of your ownership rights in your Contributions. However, by submitting Contributions to the Company's website, you hereby grant Company a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Contributions in connection with the Company Services and the Company's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Contribution (including derivative works) in any media or technology formats, that currently exist or that may not yet have been developed, and through any media channels. You also hereby grant each user of the Company's Services a non-exclusive license to access your Contributions through the Company's Services, and to use, reproduce, distribute, display and perform such Contributions as permitted through the functionality of the Company's Services and website, pursuant to this Agreement. The above licenses granted by you for your Contributions are perpetual and irrevocable. You further agree that the Company may retain use, reproduce, distribute, prepare derivative works of, display, and perform your Contributions for any purpose that the Company deems desirable, at its sole discretion, even if you delete your Contributions from the Company's website.
5.3 Unsolicited Submissions. Company is pleased to hear from its customers and fans and welcomes your comments regarding its website and Company Services. However, the Company's long-standing policy does not allow it to accept or consider creative ideas, suggestions or materials other than those it has specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by COMPANY's professional staff might seem to others to be similar to their own creative work. Accordingly, we must regretfully ask that you do not send us any original or creative materials such as stories or character ideas, screenplays, or original artwork. When submitting feedback, please be specific in your comments on the Company Services and do not submit any creative ideas, suggestions or materials.
If despite our requests that you do not send us any creative materials, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Submitted Information"), the Submitted Information shall be deemed, and shall remain, the property of Company. None of the Submitted Information shall be subject to any obligation of confidence on the part of the Company and the Company shall not be liable for any use or disclosure of Information. Without limitation of the foregoing, Company shall exclusively own all now known or hereafter existing rights to the materials submitted.
6.1. Company Website Management. Company reserves the right, but does not have the obligation, to: (a) monitor the website for violations of this Agreement; (b) take appropriate action, including both judicial and non-judicial, against anyone who, in Company's sole discretion, violates this Agreement, including without limitation, reporting you to law enforcement authorities; (c) in Company's sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user's Contribution or any portion thereof that may violate this Agreement or any Company policy; (d) in Company's sole discretion and without limitation, notice or liability to remove from the website or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company's systems; (e) terminate the accounts of repeat infringers; and (f) to otherwise manage the website in a manner designed to protect the rights and property of Company and others and to facilitate the proper functioning of the website.
6.2. Company's Right to Terminate Users or Service. WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES THE RIGHT TO, IN COMPANY'S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE WEB SITE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF ANY APPLICABLE LAW OR REGULATION. FURTHER, THE COMPANY MAY TERMINATE ITS WEBSITE OR THE COMPANY SERVICES FOR ANY REASON, AT ANY TIME.
7. Term. This Agreement shall remain in full force and effect while you use the Company Services or are a User. You may terminate your use or participation at any time, for any reason, by following the instructions in the "My Account" page. Company may terminate your use or participation at any time, without warning. Even after your use and participation is terminated, this Agreement will remain in effect, including sections 1, 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15 and 16.
8. Non-commercial Use by Users. The Company Services are for the personal use of Users only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. You shall not do the following without the express written consent of Company: (a) make any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email; and (b) engage in unauthorized framing of or linking to the website.
9.1 Copyright Policy. Company will terminate the account and access rights of any repeat infringer. If you are a copyright owner or the legal agent of a copyright owner, and you believe that any User submission or content on the website infringes upon your copyrights, you may submit a notification pursuant to the Company Digital Millennium Copyright Act (DMCA) Notice Procedure, Section 9.2, below.
9.2 Digital Millennium Copyright Act Procedure.
DMCA Take-Down Notice. If you are a copyright owner or agent and believe that any Contribution, Material, or Marks infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work(s) claimed to have been infringed, including the specific URL(s) at which the work(s) can be found or other reasonably sufficient information that will permit the Company to locate the allegedly infringing work(s);
Contact information for you, such as an address, telephone number, and, if available, an e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification 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
DMCA Counter-Notice. If you believe that your Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the Contribution, you may send a counter-notice containing the following information to the Copyright Agent:
Your physical or electronic signature;If a counter-notice is received by the Copyright Agent, the Company may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Company provider, member or user, the removed Contribution may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at the Company's sole discretion.
10.1. Effective Modifications by Company. Company may modify this Agreement from time to time. Company will alert all registered users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. Any and all changes to this Agreement will also be reflected on the website. You agree to be bound to any changes to this Agreement when you use the Company Services after any such modification is posted and notice sent. It is therefore important that you regularly review this Agreement and keep your contact information current to ensure you are informed of any changes.
For visitors who have not registered for an account and provided the Company his or her e-mail address, by viewing the Company's website, you agree to be bound by the Terms and Conditions in place at the time that you view the website.
10.2. No Oral Modifications or Quasi Contract Claims . Company employees are not authorized to modify the terms of this Agreement, either verbally or in writing. If any employee offers to do so, or to post or remove any material from the Website, he or she is not acting as an agent for the Company or speaking on our behalf. You may not rely, and should not act in reliance on, any statement or communication from an employee or anyone else purporting to act on our behalf, unless the communication is made in a written communication signed by the Company's Manager. For purposes of this provision, a signed communication does not include a record signed electronically pursuant to the federal e-SIGN statute, 4 15 U.S.C. 7001 et seq.
10.3 No Third Party Beneficiaries, Assignment. This Agreement is between you and the Company; there are no third-party beneficiaries. You may not assign this Agreement. The Company may assign its rights and obligations under this Agreement, however; in this event, the Company will be relieved of any further obligation or liability to you.
11. Disputes Between Users. You are solely responsible for your conduct. Company reserves the right, but has no obligation, to monitor disputes between you and other Users or website viewers.
12.1 Disputes Resolved by Binding Arbitration. Any dispute or claim that arises under or relates to this Agreement or relates in any way to the Company Services, the Company's website, or Intellectual Property will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award, on an individual basis, the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of this Agreement as a court would.
12.2 Initiating Arbitration and Relevant Procedures. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our litigation attorney's office: Edward Allen, 2010 44th St. S.E., Grand Rapids, MI 49508. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules. For disputes with businesses, the arbitration shall be conducted according to the AAA Commercial Arbitration Rules and Mediation Procedures, with expedited procedures applied. For disputes with consumers, the arbitration shall be conducted according to the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. Company will reimburse arbitration fees for consumer claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Company will not seek attorneys' fees and costs in consumer arbitrations unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, by televideo conference, or at another mutually agreed location.
12.3 Individual Actions Only. Any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action.
12.4 Opting Out of Binding Arbitration. IF YOU DO NOT WISH TO ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION YOU MUST NOTIFY US, IN WRITING, WITHIN 30 DAYS AFTER REGISTERING WITH THE WEBSITE BY SENDING US AN EMAIL TO info@dancecompetitionhub.com. IF YOU TIMELY NOTIFY US THAT YOU DO NOT ACCEPT THE BINDING ARBITRATION PROVISIONS CONTAINED IN THIS SECTION, YOU MAY CONTINUE TO USE THE NON-MEMBER SECTION OF THE WEB SITE; HOWEVER, YOUR REGISTRATION WILL BE CANCELED AND YOU WILL NOT BE ABLE TO USE THE INTERACTIVE FEATURES OF THE WEBSITE.
12.5 Choice of Law, Forum, Venue, No Jury Trial. If for any reason a claim proceeds in court rather than in arbitration, including because you appropriately opt-out of binding arbitration, you and the Company both hereby submit to the personal jurisdiction of the State of Michigan and to the exclusive venue of the state or federal courts located in Grand Rapids, Michigan. We both also waive any right to a jury trial.
13. Disclaimers Company cannot control the nature of the content available on the website. By operating the website, Company does not represent or imply that COMPANY endorses any blogs, Contributions or other content available on or linked to by the website, including without limitation content hosted on third party websites, or that Company believes Contributions, blogs or other content to be accurate, useful or non-harmful. YOU AGREE THAT YOUR USE OF THE WEBSITE WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEB SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEB SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
14.1 Limitation on Liability. IN NO EVENT SHALL COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANY FOR THE COMPANY SERVICES DURING THE TERM OF YOUR USE OF THE WEBSITE
14.2 Claims Must be Brought Within Sixty Days. ALL CLAIMS THAT YOU MAY HAVE AGAINST THE COMPANY MUST BE BROUGHT WITHIN SIXTY DAYS AFTER THE CLAIM ACCRUED OR YOU WAIVE YOUR CLAIM AGAINST US.
14.3 No Liability for DMCA Compliance. As long as the Company follows its DMCA procedures and, in good faith, takes-down or re-posts your material (Contributions or otherwise) that was the subject of a DMCA take-down notice, you will release the Company from any liability for taking down, or reposting, said material.
15. Indemnity. You agree to indemnify and hold Company, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your Contributions, use of the Company Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Contribution that you post on the Company website or through the Company Services causes Company to be liable to another or incur expenses to prove that it should not be.
16. Other. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services. The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
17. E-mails. By using Dance Competition Hub’s E-Mail or signing up for an account, you’re agreeing to these Terms, which will result in a legal agreement between you and Dance Competition Hub (“Agreement”). DCH (“DCH,” “we,” or “us”) is an online marketing platform (the “App”) that allows you to manage your contacts, and to create, send, and manage certain marketing campaigns, including, without limitation, emails, advertisements, and mailings (each a “Campaign,” and collectively, “Campaigns”), among other things. DCH takes reasonable steps to ensure that the data we collect is reliable for its intended use, accurate, complete and up to date. The Services enable our members to, among other things, send and manage email campaigns and serve advertisements. We also provide other related services, such as analytics. Our Services are intended for use by our Members. As a result, for much of the Personal Information we collect and process about Contacts through the Services, we act as a processor on behalf of our Members. DCH is not responsible for the privacy or security practices of our Members, which may differ from those set forth in this privacy policy. If we detect abusive or illegal behavior related to your Distribution List/Emails, we may share your Distribution List or portions of it with affected ISPs or anti-spam organizations to the extent permitted or required by applicable law.