Terms and Conditions of Use TERMS AND CONDITIONS OF USE WELCOME TO THE DANCEREGISTER COMMUNITY WEBSITE (THE “DR COMMUNITY”)! WE ARE PLEASED THAT YOU ARE VISITING THE DR COMMUNITY. PLEASE REVIEW THE TERMS AND CONDITIONS APPLICABLE TO YOUR USE OF THE DR COMMUNITY BEFORE YOU CONTINUE. THE FOLLOWING TERMS AND CONDITIONS GOVERN THE DR COMMUNITY AND ANY CONTRIBUTIONS THAT YOU MAKE AS A CONTRIBUTOR OR COMMUNITY BROWSER. These Terms and Conditions were last updated on DECEMBER 1, 2010. By browsing in the DR Community you agree to the following Terms and Conditions which may be updated from time to time. Please read these Terms and Conditions carefully IF, AT ANY TIME, YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY WHICH IS PUBLISHED HERE, THEN PLEASE REFRAIN FROM FURTHER USE OF THE DR COMMUNITY. YOUR CONTINUED USE OF THIS SITE WILL INDICATE YOUR TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, PROMPTLY EXIT THIS SITE. 1. RESTRICTIONS ON USE All pages within the DRCommunity and any material made available for download (collectively the “The DR Community”) are the property of Danceregister Corporation (aka Danceregister.com) and/or its affiliates. The DR Community is protected by federal and international copyright and trademark laws. No portion of the materials on these pages may be reprinted, republished, modified, or distributed in any form without the express written permission of Danceregister.com. The DR Community is for your own personal use only. You agree to keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and agree to comply with any applicable end user license agreements. Any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Danceregister.com. 2. INTERACTIVE COMPUTER SERVICE For all content provided by contributors, commenters and other third parties, Danceregister.com is an interactive computer service, as defined by the Communications Decency Act Section 230(f)(2). Danceregister.com only provides traditional editorial functions and is not, in whole or in part, responsible for the creation or development of the information provided by contributors, commenters and other third parties. 3. REPRESENTATIONS Users are encouraged to submit and share Content with the DR Community. Danceregister.com’ s operation of the DR Community depends, in large part, upon assurances that the Content provided by you is not subject to any legal rights of a third party that prohibit the Content from being posted to the DR Community. ACCORDINGLY, you represent and warrant that: (a) You and/or your organization own or otherwise control sufficient distribution rights to any Content shared in the DR Community. (b) The Content you contribute is true and correct and not subject to third-party ownership or confidentiality agreements and is not subject to trade secret prohibitions. (c) You and/or your organization do not live in or have a principal place of business in a country that is currently under embargo or boycott by the United States. 4. CONDUCT IN THE DR COMMUNITY: BASIC ACCEPTABLE USE POLICY In addition to the representations above, you agree to use material that is relevant and proper to the DR Community as defined below. Danceregister.com reserves the right in its sole discretion to remove any content for any reason, including but not limited to, your violation of any laws or the terms and conditions of this Acceptable Use Policy. Content contributed by anyone other than Danceregister.com does not necessarily express the views of Danceregister.com. You are solely responsible and liable for any and all of the content you provide. The Acceptable Use Policy below describes certain actions relating to the content and operation of the DR Community that Danceregister.com considers to be inappropriate and thus prohibited. The examples identified in this list are provided as examples only for your guidance. If you are unsure whether any contemplated use or action is permitted, please contact Danceregister.com. Danceregister.com’ ’s right to remove inappropriate content under this Policy shall not place an obligation on Danceregister.com to monitor or exert editorial control over the DR Community website. Actions which Danceregister.com considers inappropriate and grounds for removal of offending material or termination of access to the DR Community include, but are not limited to, the following, and you agree not to: • Advertise or sell any goods or services that are unlawful in the location at which the content is posted or received or the goods or services delivered or which are inconsistent with the purpose of the DR Community; • post any content that is obscene, lewd, lascivious, pornographic, contains nudity or sexual acts, excessively violent, harassing, or otherwise objectionable; • post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information, or assistance in causing or carrying out such violence; • post any content that holds Danceregister.com (including its affiliates), employees or shareholders up to public scorn or ridicule or publish falsehoods or misrepresentations that could in anyway damage or impair Danceregister.com’ s reputation or goodwill; • post any content that violates any copyrights, patents, trademarks, trade secrets, or other intellectual property rights of others; • Fail to obtain all required permissions when using the DR Community to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws; • Using the DR Community in a abusive manner, including the posting of libelous, defamatory, scandalous, threatening, harassing or private information without the permission of the person(s) involved, or posting content that is likely to cause emotional distress; or • Introduce viruses, worms, Trojan horses, or other harmful code on the Internet or otherwise upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’ s computer; or post the same note repeatedly, referred to as spamming, which is strictly prohibited, or • Restrict or inhibit any other user from using and enjoying the DR Community. Danceregister.com may revise in its sole discretion this Acceptable Use Policy, without prior notice. Any such changes shall be posted by Danceregister.com on the DR Community website (www.Danceregister.com). You shall be responsible for periodically reviewing the online Acceptable Use Policy to apprise yourself of any changes thereto. You agree to be bound by all such changes. In addition, the DR Community will fully cooperate with any law enforcement authorities or court order requesting or directing the DR Community to disclose the identity of anyone posting any information or materials in violation of these Terms and Conditions or the law. 5. TRADEMARK NOTICE The Danceregister Community is trademark of Danceregister.com. All other trademarks, service marks and logos used in this Site are the trademarks, service marks or logos of their respective owners. 6. WARRANTY DISCLAIMER Danceregister.com assumes no responsibility for monitoring the DR Community, the Content or the Service for inappropriate content or conduct. If at any time Danceregister.com decides, in its sole discretion, to monitor the DR Community, the Content, the Service or any services of the DR Community, Danceregister.com nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of any user of the DR Community submitting any such Content. Danceregister does encourage positive, anonymous, community monitoring and reporting. Those who flag content shall be protected under the same warranty disclaimer. They will in no way be at fault or assume responsibility. It is at the full discretion of DR to choose what to do with reported information or the actual information itself. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND HYPERLINKED WEBSITES. DANCEREGISTER.COM, ITS AFFILIATES AND ITS SPONSORS ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY HYPERLINKED WEBSITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR HYPERLINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES. The DR Community has links to Third-Party Sites and may from time to time provide third-party materials in the DR Community. The DR Community does not warrant, endorse, guarantee, or assume responsibility for any information, product or service advertised, offered or displayed by a third party through the DR Community or any Third-Party Sites or featured in any banner or other advertising. By browsing through the DR Community, you expressly relieve the DR Community from any and all liability arising from your use of any Third-Party Site and you agree that Danceregister.com 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. Although Danceregister.com attempts to ensure the integrity and accurateness of the Site, it makes no guarantees whatsoever as to the correctness or accuracy of the Site. It is possible that the Site could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform Danceregister.com so that it can be corrected. Information contained on the Site may be changed or updated without notice, and for the sole benefit of Danceregister and its community members. 7. LIMITATION OF LIABILITY Danceregister.com disclaims liability for certain types of damages and to limit our damages in certain other cases. We do this so that you can be assured that we will be able to provide the Service to you now and in the future, not because we are hiding from any liability we might have. IN NO EVENT SHALL DANCEREGISTER.COM, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE OI COMMUNITY, THE SERVICE OR THIS TERMS AND CONDITIONS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF THE DR COMMUNITY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. THIS WAIVER APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY ARISING FROM ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, FILE CORRUPTION, COMMUNICATION-LINE FAILURE, NETWORK OR SYSTEM OUTAGE, OR THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY RECORD. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT THE DR COMMUNITY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE OI COMMUNITY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. OUR MAXIMUM CUMULATIVE LIABILITY FOR ALL DAMAGES IS LIMITED TO USD $10.00. 8. PRIVACY POLICY AS DANCEREGISTER IS A GATED COMMUNITY WE UTILIZE AN IN DEPTH PRIVACY POLICY FOR THE PROTECTION OF ALL MEMBERS. PLEASE REVIEW THE DR PRIVACY POLICY, ACCESSABLE VIA THE DR WEBSITE LINKS, FOR COMPLETE DETAILS. 9. CONFIDENTIAL AND PROPRIETARY INFORMATION The DR Community does not want to receive confidential or proprietary information from you through the Site. Please note that any information or material sent to the DR Community through the Site will be deemed NOT to be confidential. By sending the DR Community any information or material, you grant the DR Community an unrestricted, irrevocable, world-wide, royalty free license to use, reproduce, display, perform, modify, transmit, and distribute those materials or information, and you also agree that the DR Community is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. 10. OWNERSHIP AND LIMITED LICENSE You own your information and provide a non-exclusive, perpetual worldwide license to the DR Community to reproduce such content, in whole or in part and to use it in any way we choose, including allowing third parties to republish the material. Danceregister corporation owns the DR Community and all aggregated Content generated by it that is displayed in the DR Community. Danceregister.com grants you a non-exclusive, revocable right to use the DR Community, subject to all of the Terms and Conditions described herein, and provided that you do not (a) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or (b) modify or attempt to modify the DR Community in any manner or form. You agree that Danceregister.com shall not be liable to you for any modification or discontinuance of the DR Community and Danceregister.com may discontinue the DR Community and the Service without any notice to you. 11. INFRINGEMENT/DEFAMATION POLICY The DR Community is in compliance with the Digital Millennium Copyright Act. All of the images, contents, articles, date, and videos are from our “lawful image contracts” or are believed to be in the public domain or are among those documents or images considered or which constitute “fair use.” Original authors retain their copyrighted material. Any claims of infringement or defamation must be submitted in writing to Danceregister Corporation, 1702 Meridian Ave, San Jose, CA, 95125 USA, e-mail: policy@Danceregister.com, In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: 1. Identify in sufficient detail the copyrighted, patented, trademarked or otherwise protected work claimed to have been infringed. 2. Identify in sufficient detail the material that is claimed to be infringing or defamatory and its location. 3. Information reasonably sufficient to permit us to contact you, e-mail address is preferable. 4. 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 or other proprietary right owner, its agent, or the law. 5. 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 or on behalf of the person defamed. 6. A signature of the owner of an exclusive right that is allegedly infringed or the person defamed. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your notice may not be valid. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE PROCEDURE SET FORTH ABOVE WILL RECEIVE NO RESPONSE. 12. EXPORT CONTROL The DR Community is controlled, operated and offered by the Danceregister.com from its offices within the State of California, United States of America. Unless otherwise specified, the Content and other materials in the DR Community are presented solely to promote and provide our Service available in the United States. Danceregister.com makes no representation that the materials in the DR Community are appropriate or available for use in other locations and other countries. Those who choose to access or use the DR Community from other locations or other countries do so on their own initiative and are responsible for compliance with local laws in that territory, if and to the extent that local laws are applicable. Software available from the DR Community is further subject to United States export controls. No software from the DR Community may be downloaded or otherwise exported or re-exported: (a) into (or to a national resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods, or (b) to anyone on the U. S. Treasury Department list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By using the DR Community, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list. 13. INDEMNITY You agree to defend, indemnify and hold harmless the DR Community, its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (a) your use of and access to the DR Community; (b) your violation of any term of these Terms and Conditions; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and Conditions and your use of the DR Community. 14. CHILDREN ONLINE PROTECTION ACT NOTIFICATION Pursuant to 47 U.S.C. Section 230 (d) as amended, the DR Community hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the GetNetWise website at http://kids.getnetwise.org/. 15. ABILITY TO ACCEPT TERMS AND CONDITIONS You affirm that you are 18 years of age or older, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions. In any case, you affirm that you are over the age of 13, as the DR Community is not intended for children under 13. IF YOU ARE UNDER 13 YEARS OF AGE, THEN PLEASE DO NOT BROWSE OR ANY OTHER MANNER USE OR VISIT THE DR COMMUNITY WITHOUT PROPER WRITTEN CONSENT OF A PARENT OR GUARDIAN. CONSENT INFORMATION IS KEPT ON FILE AT THE DANCEREGISTER OFFICES. 16. ASSIGNMENT These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Danceregister.com without restriction. 17. CHOICE OF LAW AND VENUE These Terms and Conditions are entered into in the State of California and shall be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in the County of Santa Clara in the State of California, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorney’s fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, those provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect. 18. ENTIRE AGREEMENT These Terms and Conditions constitute the entire agreement between The DR Community and you pertaining to the subject matter of this Agreement. In its sole discretion, Danceregister.com may modify these Terms and Conditions by posting the revised version on this Site and you agree that each visit by you to this Site is a new transaction governed by the terms of use linked on this Site at that time. 19. NO UNLAWFUL OR PROHIBITED PURPOSE As a condition of your use of this Site, you warrant to The DR Community that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions.