| Terms of Use |
GeneralWelcome to DanceOffering.com, an online community of Christian dancers. The DanceOffering service is operated by Gospeldancer, Inc. and it's corporate affiliates (collectively "The Company"). The term "DanceOffering" or "us" or "we" or "our" refers to the Company. The term "you" refers to the user or viewer of this website.Acceptance of AgreementBy using our site, you are agreeing to comply with and be bound by the following terms of use. You understand and agree to be bound by the conditions outlined in this Terms of Use whether or not you are a registered member of DanceOffering. The Company may modify these Terms of Use from time to time without notice, and such modification shall be effective upon posting on the Site. You agree to be bound by any modifications to these Terms of Use when you access the Site or use the Service, after any such modification is posted to the Site. It is important that you review the Terms of Use regularly. If you do not agree to these terms, you should not use this site.CopyrightThe content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights.Service MarksDanceOffering, DanceOffering.com, Gospeldancer, and all other company graphics, logos, and designs are our service marks or registered trademarks. Other product and company names mentioned on this site may be trademarks of their respective owners.User RegistrationIf you choose to register for an account, you agree to provide accurate, complete information about you as requested during the registration process ("Registration Process"). You will provide all content and other materials for posting on the Site in accordance with the Company’s policies in effect from time to time including, without limitation, the manner of transmission to the Company. You will also be fully responsible for all use of your account and for any actions that take place using your account.TermThis Agreement, including all revisions, shall remain in full force and effect while, and each and every time, you use the Service and/or Site. Either party may terminate this Agreement at anytime with or without cause. You may terminate this Agreement at anytime by simply going to My Account on the Website and following the termination instructions or by ceasing all use of the Service. However, if you continue use of the Site, then these Terms of Use shall remain applicable.Advertising You acknowledge that the Company reserves the right to advertise on any portion of the Service and/or Site at its sole discretion. Some of the Service is supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted in a variety of ways including but not limited to being based upon the content of information stored on the Service, provided by you, queries made through the Service by you, or other information provided by you, information provided by third parties and/or in similar fashions. The manner, mode and extent of advertising by the Company on the Service are subject to change without specific notice to you. In consideration for the Company granting you access to and use of the Service, you agree that the Company may place such advertising on the Service. User Content Posted to the SiteYou are granted a non-exclusive, non-tranferable, revocable license to access and use the Site strictly in accordance with this Agreement. You are solely responsible for the content of profiles, blog articles, comments, notes, videos, events, listings, and any other content you upload and publish. You may not post, transmit or share User Content on the Site or Service that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review the Site and may delete or remove (without notice) any Site Content or User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company violates this Agreement, applicable law, or which might be offensive, obscene, defamatory, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company. Company will terminate your access to the Site and/or Service if you are determined to be a repeat offender in its sole discretion.User Conduct While on SiteYou understand that you will use the Service for your personal, non-commercial use only; unless otherwise agreed to in writing with the Company. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other person or proprietary rights, or contain libelous, defamatory, blasphemous or unlawful material. You agree to use the Services only for purposes that are permitted by (a) the Terms of Use and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws regarding the export of data or software to and from the United States or other relevant countries). You agree not to access (or attempt to access) any of the Service by any means other than through the interface that is provided by the Company, unless you have been specifically allowed to do so in a separate agreement with the Company. You specifically agree not to access (or attempt to access) any of the Service through any automated means (including use of scripts or web crawlers) and shall ensure that you comply with the instructions set out in any robots.txt file present on the Service. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Unless you have been specifically permitted to do so in a separate agreement with the Company, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Service for any purpose. You agree that you are solely responsible for (and that Company has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Use and/or for any use of the Service and for the consequences (including any loss or damage which Company may suffer) of any such breach.Prohibited Content and ActivitiesWhile using the Service and/or Site you represent and agree that you will not:1. Harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications. 2. Use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site. 3. Use automated scripts to collect information from or otherwise interact with the Service or Site. 4. Engage in any commercial activity unless expressly approved in writing by the Company. 5. Engage in unauthorized framing of or linking to the Site. 6. Engage in unsolicited or unauthorized advertising of promotional materials of any kind. 7. Upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, pornographic or otherwise sexually explicit, graphically violent, gory, depicting gratuitous blood or mutilation, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable. 8. Upload, post, transmit, share, store or otherwise make available any content or material that we deem to be blatantly disrespectful, attacking, insulting, bigoted, ridiculing, mocking, disparaging, libelous and/or hateful. 9. Register for a User account on behalf of an individual other then yourself without the consent of that individual, or register for a User account on behalf of any group or entity without the consent of the group or entity. 10. Impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity, and/or make any other false or misleading statements of any kind whatsoever. 11. Upload, post, transmit, share or otherwise make available any unsolicited or unauthorized advertising solicitations, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” and/or any other form of solicitation. 12. Upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and/or credit card numbers. 13. Solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes. 14. Upload, post, transmit, share or otherwise make available any material 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. 15. Engage in any activity which may be deemed as harassment, intimidation, or stalking of any kind. 16. Upload, post, transmit, share or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law. 17. Use or attempt to use another’s account, service or system without authorization from the Company, or create a false identity on the Service or Site. 18. Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose the company or its users to any harm or liability of any type. 19. Upload, post, transmit, share, store or otherwise make available content that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights unless you are the owner of such rights or have permission from the rightful owner to do so. Website Administration and SecurityThe Company will make commercially reasonable efforts to provide a safe, family-friendly environment for its Users. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Service. Accordingly, you agree that you will be solely responsible to the Company 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 the Company immediately.Limitation of LiabilityIN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, WHETHER BASED ON AN ACTION OR CLAIM IN CONTRACT, EQUITY, NEGLIGENCE, TORT OR OTHERWISE, ARISING FROM OR RELATED TO YOUR ACCESS OR USE OF THE SITE AND/OR SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY OF THE COMPANY OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO THE COMPANY FOR YOUR REGISTRATION WITH THE SITE AND YOUR USE OF THE SERVICES DURING THE TERM OF YOUR USE OR $100. NO CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, THE SERVICES, CONTENT OR USER CONTENT MAY BE BROUGHT BY YOU AGAINST THE COMPANY MORE THAN TWO (2) YEARS AFTER THE CAUSE OF ACTION ACCRUED. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLE FOR USER CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY WHATSOEVER FOR ANY UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT, DESTRUCTION OR LOSS OF INFORMATION, MATERIALS OR CONTENT STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, POSTED, PUBLISHED OR OTHERWISE MADE AVAILABLE FOR DISTRIBUTION VIA THE SITE AND/OR SERVICE. YOU SHOULD ENSURE THAT YOU MAINTAIN A COMPLETE AND CURRENT COPY AND ALL INFORMATION, CONTENT OR MATERIALS POSTED THEREON AT A LOCATION REMOTE FROM THE SITE. COMPANY EXPRESSLY DOES NOT GUARANTEE THE AVAILABILITY OF ANY CONTENT, INFORMATION OR MATERIALS STORED, HOSTED, STREAMED OR UPLOADED ON OR THROUGH, TRANSMITTED TO, LINKED FROM, OR POSTED OR PUBLISHED ON THE SITE. The Site and Services are controlled and offered by Company from its facilities in the United States of America. Company makes no representations that the Site and Services are appropriate or available for use in other locations. Those who access or use the Site and/or Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Representations, Warranties and Indemnification YOU REPRESENT AND WARRANT THAT: (A) YOU HAVE ALL RIGHTS IN AND TO YOUR USER CONTENT (WHETHER THROUGH OWNERSHIP OR LICENSES, CONSENTS, AND PERMISSIONS FROM THE OWNER) REQUIRED FOR (I) YOU TO LAWFULLY SUBMIT YOUR USER CONTENT TO THE SITE AND/OR SERVICE AND GRANT THE RIGHTS TO YOUR USER CONTENT PROVIDED IN THIS AGREEMENT, AND (II) YOUR USER CONTENT TO BE POSTED AND TRANSMITTED TO AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT; (B) YOU HAVE ALL REQUIRED LICENSES, CONSENTS, RELEASES AND/OR PERMISSIONS TO USE THE NAME AND/OR LIKENESS OF EACH IDENTIFIABLE INDIVIDUAL PERSON IN YOUR USER CONTENT IN THE MANNER CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT, AND (C) THE POSTING AND TRANSMISSION OF YOUR USER CONTENT ON AND THROUGH THE SITE OR HOME PAGES FOR THE PURPOSES CONTEMPLATED BY THE SITE, THE SERVICE AND THIS AGREEMENT DOES NOT VIOLATE THE PRIVACY RIGHTS, PUBLICITY RIGHTS, COPYRIGHTS, PATENTS, TRADEMARKS, CONTRACT RIGHTS OR ANY OTHER RIGHTS OF ANY PERSON OR ENTITY. YOU AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, REPRESENTATIVES, AGENTS AND AFFILIATES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND LOSSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) ARISING FROM OR RELATED TO (A) YOUR USE OF THE SITE AND/OR SERVICES (B) ANY AND ALL OF YOUR USER CONTENT; (C) ANY THIRD PARTY CONTENT, MATERIALS OR INFORMATION THAT IS STORED, HOSTED, UPLOADED, STREAMED, DISTRIBUTED, TRANSMITTED, PROVISIONED ON, THROUGH OR TO THE SERVICE OR THE SITE; (D) ANY AND ALL CONTENT, MATERIALS OR INFORMATION ACCESSIBLE THROUGH ANY LINK; AND (E) A BREACH OF THESE TERMS OF USE BY YOU, INCLUDING WITHOUT LIMITATION BREACHES OF YOUR REPRESENTATIONS, WARRANTIES, OBLIGATIONS AND COVENANTS HEREUNDER. THE CLAIMS, DAMAGES, LIABILITIES AND/OR LOSSES COVERED BY THIS INDEMNITY PROVISION INCLUDE, WITHOUT LIMITATION, ANY CLAIM OF TRADEMARK OR COPYRIGHT INFRINGEMENT, ANY VIOLATION OF ANY PROPRIETARY RIGHT, DEFAMATION, BREACH OF CONFIDENTIALITY, PRIVACY VIOLATION, HARASSMENT, OR FALSE OR DECEPTIVE ADVERTISING OR SALES PRACTICES. Disclaimer of WarrantiesYOU AGREE THAT YOUR USE OF THE SITE AND/OR SERVICE SHALL BE AT YOUR SOLE RISK. THE SERVICE, SITE, SOCIAL NETWORKING PAGES, STORAGE AND BANDWIDTH ARE PROVIDED BY THE COMPANY ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR COMPLETELY SECURE. YOU EXPRESSLY ACKNOWLEDGE THAT THE SITE AND THE SERVICE ARE HOSTED BY A THIRD PARTY OVER WHICH THE COMPANY HAS NO CONTROL. THE COMPANY MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND OR NATURE, AND DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS THAT ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S AND/OR SERVICE’S CONTENT OR THE CONTENT OF ANY SITES AND/OR SERVICES LINKED TO THIS SITE AND/OR SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE AND/OR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. Force MajeureNeither party shall be liable for, or considered in breach of these Terms of Use on account of, any delay or failure to perform as a result of any causes or conditions which are beyond such party’s reasonable control including without limitation, fire, acts of God, riots and insurrections, strikes, boycotts or lockouts, embargoes, judicial action, lack of or inability to obtain resources, power or communication failures and acts of civil or military authorities. |