|
1.
ACCEPTANCE OF TERMS
Needdancers.com ("We") provide services under certain terms and
conditions that we call Terms of Service ("TOS"). We may update
these from time to time, without notice to you. It is your duty to
check these when you use the site to insure that you comply with the
current TOS. There may be other rules posted throughout the site
which you will be required to observe.
2. FEES AND COSTS
Employers
Basic membership is FREE. As a basic member you can browse
guest artists' profiles and send them messages. In order to read
messages received from guest artists, you must become a Choice
Member. Fees for Choice Membership are $5.99 for a 3 day trial, $12.99
for 30 days and $29.99 for 6 months.
3. WHAT WE DO
We currently provide users with dancers' resources (herein the
"Service") and resources only. We are not guaranteeing that
any of the listed dancers will be available for the dates or type of
work you require. Dancers have the right to decline any job offer before
a physical agreement has been made between the dancer and dance
establishment.
The services are provided "AS-IS." We assume no
responsibility for information posted on this site originated by
others, including, but not limited to, users and advertisers. We
assume no responsibility for any type of inconveniences or any type
of financial or other difficulties, associated with the Guest
Artist's behavior and/or his/her professional level if such has been
considered insufficient.
You are responsible for any and all costs associated with accessing
this site.
WE DO NOT SCREEN ALL POSTINGS AND HAVE NO WAY OF INDEPENDENTLY
VERIFYING THE INFORMATION GIVEN TO US BY A USER OR POSTED ON THIS
SITE. USERS SHOULD ALWAYS BE CAUTIOUS ABOUT GIVING PERSONAL
INFORMATION TO STRANGERS OR POSTING IT IN A PUBLIC PLACE WHERE SUCH
ACTIONS MIGHT BE USED TO HARM, HARASS OR BE USED AGAINST THEM.
Please be aware that this site may contain adult or mature content.
You must be at least 18 years of age to use the services provided by
us.
4. YOUR MEMBERSHIP OBLIGATIONS
By using this site you certify that you are 18 years of age or
older, you agree that any information that you provide to us (or
others through this site) is true, accurate, current and complete
information, and you agree to maintain and promptly update the
Membership Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current
or incomplete, or we believe that such information is untrue,
inaccurate, not current or incomplete, we have the right to suspend
or terminate your account and refuse any and all current or future
use of our services.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and username, and you are responsible
for all activities that occur under your account. You agree to
protect and safeguard it against unauthorized use. You must
immediately notify us of any unauthorized use of your account or any
other breach of security. You must exit from your account at the end
of each session. You agree that you will be solely liable for any
loss or damage arising from your failure to comply with this Section
5.
6. MEMBER CONDUCT
You understand that we do not provide the information on the site
and that all publicly posted or privately transmitted information,
data, text, photographs, graphics, messages or other materials
("Content") are the sole responsibility of the person from which
such Content originated. You agree and represent that you, are
entirely responsible for all Content that you upload, download,
post, email, transmit or otherwise use or make available via the
Services and this site. Since we do not control the Content posted
on the site, we cannot and will not guarantee the accuracy,
integrity or quality of such Content. You understand that by using
the Service, you may be exposed to offensive, indecent or
objectionable Content. You agree that we will not be liable for any
Content, including, but not limited to, 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 Service.
You agree to NOT use the Service for any illegal or inappropriate
purpose, and affirmatively represent and warrant:
a. that you will not upload, post, email, transmit or otherwise make
available any Content that is unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or racially, ethnically,
religiously or otherwise objectionable;
b. that you will not harm minors in any way;
c. that you will not impersonate any person or entity, including,
but not limited to, any employee, officer or director of
Needdancers.com, forum leader, guide or host, or falsely state or
otherwise misrepresent your affiliation with a person or entity;
d. that you will not forge headers or otherwise manipulate
identifiers in order
e. disguise the origin of any Content transmitted through the
Service;
f. that you will not upload, post, email, transmit or otherwise make
available any Content that you do not have a right to make available
under any law or under contractual or fiduciary relationships (such
as inside information, proprietary and confidential information
learned or disclosed as part of employment relationships or under
nondisclosure agreements);
g. that you will not upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any
party;
h. that you will not upload, post, email, transmit or otherwise make
available any unsolicited or unauthorized advertising, promotional
materials, "junk mail," "spam," "chain letters," "pyramid schemes,"
or any other form of solicitation, except in those areas (such as
shopping rooms) that are designated for such purpose;
i. that you will not upload, post, email, transmit 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;
j. that you will not disrupt the normal flow of dialogue, cause a
screen to "scroll" faster than other users of the Service are able
to type, or otherwise act in a manner that negatively affects other
users' ability to engage in real time exchanges;
k. that you will not interfere with or disrupt the Service or
servers or networks connected to the Service, or disobey any
requirements, procedures, policies or regulations of networks
connected to the Service;
l. that you will not intentionally or unintentionally violate any
applicable local, state, national or international law, including,
but not limited to, regulations promulgated by the U.S. Securities
and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York
Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
m. that you will not "stalk" or otherwise harass another; or
n. that you will not collect or store personal data about other
users.
You acknowledge that we do not pre-screen Content, but that
Needdancers.com, and its designees shall have the right (but not the
obligation) in their sole discretion to refuse, move, or remove any
Content on the site for any reason we deem reasonable, in our sole
discretion.
You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created
by us or submitted to us, including any you find on the site.
We may preserve Content in our sole discretion and we may also
disclose such information to third parties to: (a) comply with legal
process; (b) enforce the TOS; (c) respond to claims that any Content
violates the rights of third-parties; or (d) protect our rights,
property, or personal safety or the rights, property and personal
safety of our users and the public. We do not, however, undertake
any affirmative obligation to examine Content or disclose Content to
any third party for any reason.
You understand that your Content may be transmitted over a number of
different networks and people other than those on this site could
gain access to it.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable
Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the
United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
We do not own any of the Content submitted by our users. However,
with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant us the
following world-wide, royalty free and non-exclusive license(s), as
applicable:
With respect to Content you submit or make available to us, you
grant us the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content and the
irrevocable right to sublicense the Content with the sublicense
having the right to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and publicly display such
Content (in whole or in part) and to incorporate such Content into
other works in any format or medium now known or later developed.
10. INDEMNITY
You agree to indemnify and hold us, and our subsidiaries,
affiliates, officers, agents, co-branders, attorneys or other
partners, and employees, harmless from any claim or demand,
including attorneys' fees, made by any third party due to or arising
out of Content you submit, post, transmit or make available to us.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any of the information or services from
our site, including Content.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that we may establish general practices and limits
concerning use of our site, time Content and other information will
remain on our site, limitations on what Content may be posted and
when and how long we will retain it.
You further acknowledge that we reserve the right to change these
general practices and limits at any time, in our sole discretion,
with or without notice.
13. MODIFICATIONS TO SERVICE
We have the right to modify or discontinue this service at any time.
You agree that we shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Service.
14. TERMINATION
We may terminate your account at any time, if we believe it to be in
our best interests or in the best interests of our users.
15. DEALINGS WITH ADVERTISERS
Your dealings with, advertisers found on or through our site, are
solely between you and such advertiser. You agree that we shall not
be responsible or liable for any loss or damage incurred as the
result of any such dealings.
16. LINKS
The Service may provide, or third parties may provide, links to
other World Wide Web sites or resources. Because we have no control
over such sites and resources, you agree that we are not responsible
for the content or functionality of such sites. Furthermore, the
existence of a link on our site does not imply an endorsement of
that site, the owners or content thereon. You agree to be
responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of
or reliance on any content, goods or services available on or
through any such site or resource.
17. OUR PROPRIETARY RIGHTS
You acknowledge and agree that the Content and software used by us,
as well as the photos, graphics, text and other material appearing
on our site, are protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. Except as expressly
authorized by us or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on
the anything found on our site.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT (EXCEPT WHERE PROHIBITED BY
LAW):
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
b. WE MAKE NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR
REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM
THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE
QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR
EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE
TOS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE
HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING
FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST
OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY
GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR
MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE
SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. NOTICE
Notices to you may be made via either email or regular mail. The
Service may also provide notices of changes to the TOS or other
matters by displaying notices or links to notices to you generally
on the Service.
21. TRADEMARK INFORMATION
Needdancers.com, the Needdancers.com logo, trademarks and service
marks, and other Needdancers.com logos and product and service names
are trademarks of Needdancers.com. Without Needdancers.com prior
permission, you agree not to display or use in any manner.
22. GENERAL INFORMATION
The TOS constitute the entire agreement between you and
Needdancers.com and govern your use of the Service, superseding any
prior agreements between you and Needdancers.com. You also may be
subject to additional terms and conditions that may apply when you
use affiliate services, third-party content or third-party software.
The TOS and the relationship between you and Needdancers.com, shall
be governed by the laws of the State of Virginia without regard to
its conflict of law provisions. You and Needdancers.com agree to
submit to the personal and exclusive jurisdiction of the courts
located within the county of Norfolk, Virginia. You acknowledge that
Needdancers.com shall have the right to take legal action against
you if your actions violate the TOS and such violation results in
damage to Needdancers.com or any of its affiliates. The failure of
Needdancers.com to exercise or enforce any right or provision of the
TOS shall not constitute a waiver of such right or provision. If any
provision of the TOS is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in
the provision, and the other provisions of the TOS remain in full
force and effect. You agree that regardless of any statute or law to
the contrary, any claim or cause of action arising out of or related
to use of the Service or the TOS must be filed within one (1) year
after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS to our
Customer Service.
|