TERMS OF USE
Last
updated August
21,
2022
TABLE OF
CONTENTS
These Terms of Use constitute a legally binding agreement made between you, whether personally or
on behalf of an entity (“you”) and DDance Ltd.
("
Company
," “we," “us,"
or
“our”), concerning your access to and use of the https://ddance.app website as well as any
other media form, media channel, mobile website or mobile application related, linked, or
otherwise
connected thereto (collectively, the “Site”).
Our VAT number is 516500402.
You agree that by accessing the Site, you have read, understood, and agreed to
be
bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE
EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time
are hereby expressly incorporated herein by reference. We reserve the right, in our sole
discretion,
to make changes or modifications to these Terms of Use from
time
to time. We will alert you about any changes by updating the “Last
updated” date of these Terms of Use, and you waive any right to receive specific notice of each
such
change. Please ensure that you check the applicable Terms every time you use our Site so that
you
understand which Terms apply. You will be subject to, and will be deemed to have been made aware
of
and to have accepted, the changes in any revised Terms of Use by your continued use of the Site
after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or
entity in any jurisdiction or country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within such jurisdiction or
country. Accordingly, those persons who choose to access the Site from other locations do so on
their own initiative and are solely responsible for compliance with local laws, if and to the
extent
local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance
Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA),
etc.), so if your interactions would be subjected to such laws, you may not use this Site. You
may
not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The
Site
is intended for users who are at least 13 years of age. All users who are minors
in
the jurisdiction in which they reside (generally under the age of 18) must have
the
permission of, and be directly supervised by, their parent or guardian to use
the
Site. If you are a minor, you must have your parent or guardian read and agree
to
these Terms of Use prior to you using the Site.
2.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary
property and all source code, databases, functionality, software, website
designs, audio, video, text, photographs, and graphics on the Site
(collectively, the “Content”) and the trademarks, service marks, and logos
contained therein (the “Marks”) are owned or controlled by us or licensed to
us, and are protected by copyright and trademark laws and various other
intellectual property rights and unfair competition laws of the United States, international
copyright laws, and international conventions. The Content and the Marks are provided on the
Site “AS IS” for your information and personal use only. Except as expressly provided in these
Terms
of Use, no part of the Site and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
Provided that you are eligible to use the Site, you are
granted a limited license to access and use the Site and to download or print a
copy of any portion of the Content to which you have properly gained access
solely for your personal, non-commercial use. We reserve all rights not
expressly granted to you in and to the Site, the Content and the Marks.
By using the
Site, you
represent and warrant that:
(1) all registration information
you
submit will be true, accurate, current, and complete; (2) you will maintain the
accuracy of
such information and promptly update such registration information as necessary
;
(3) you have the legal
capacity
and you agree to comply with these Terms of Use;
(4) you are not
under
the age of 13;
(5) you are not a minor in the jurisdiction
in
which you reside
, or if a minor, you have received parental permission to use
the
Site
; (6) you will not access the Site through
automated or non-human means, whether through a bot, script, or otherwise; (7) you will not use the Site for any illegal
or
unauthorized purpose; and (8) your use of the Site will not violate any
applicable law or regulation.
If you provide
any
information that 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 the Site (or any
portion thereof).
You may be
required to register with the Site. You agree to keep your password confidential and
will be responsible for all use of your account and password. We reserve the right
to
remove, reclaim, or change a username you select if we determine, in our sole
discretion, that such username is inappropriate, obscene, or otherwise
objectionable.
You may not access
or
use the Site for any purpose other than that for which we make the Site available. The Site
may
not be used in connection with any commercial endeavors except those that are specifically
endorsed or approved by us.
As a user
of
the Site, you agree not to:
-
Systematically
retrieve data or other content from the Site to create or compile, directly or
indirectly, a collection, compilation, database, or directory without written
permission from us.
-
Trick,
defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user
passwords.
-
Circumvent,
disable, or otherwise interfere with security-related features of
the
Site, including features that prevent or restrict the use or copying
of
any Content or enforce limitations on the use of the Site and/or the
Content contained therein.
-
Disparage,
tarnish, or otherwise harm, in our opinion, us and/or the
Site.
-
Use
any information obtained from the Site in order to harass, abuse, or
harm another person.
-
Make
improper use of our support services or submit false reports of
abuse or
misconduct.
-
Use
the Site in a manner inconsistent with any applicable laws or
regulations.
-
Engage
in unauthorized framing of or linking to the
Site.
-
Upload
or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital
letters
and spamming (continuous posting of repetitive text), that
interferes
with any party’s uninterrupted use and enjoyment of the Site or
modifies, impairs, disrupts, alters, or interferes with the use,
features, functions, operation, or maintenance of the
Site.
-
Engage
in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar
data
gathering and extraction tools.
-
Delete
the copyright or other proprietary rights notice from any
Content.
-
Attempt
to impersonate another user or person or use the username of another
user.
-
Upload
or transmit (or attempt to upload or to transmit) any material that
acts
as a passive or active information collection or transmission
mechanism,
including without limitation, clear graphics interchange formats
(“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices
(sometimes referred to as “spyware” or “passive collection
mechanisms”
or “pcms”).
-
Interfere
with, disrupt, or create an undue burden on the Site or the networks
or
services connected to the Site.
-
Harass,
annoy, intimidate, or threaten any of our employees or agents
engaged in
providing any portion of the Site to
you.
-
Attempt
to bypass any measures of the Site designed to prevent or restrict
access to the Site, or any portion of the
Site.
-
Copy
or adapt the Site’s software, including but not limited to Flash,
PHP,
HTML, JavaScript, or other code.
-
Except
as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making
up
a part of the Site.
-
Except
as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system,
including without limitation, any spider, robot, cheat utility,
scraper,
or offline reader that accesses the Site, or using or launching any
unauthorized script or other
software.
-
Use
a buying agent or purchasing agent to make purchases on the
Site.
-
Make
any unauthorized use of the Site, including collecting usernames
and/or
email addresses of users by electronic or other means for the
purpose of
sending unsolicited email, or creating user accounts by automated
means
or under false pretenses.
-
Use
the Site as part of any effort to compete with us or otherwise use
the
Site and/or the Content for any revenue-generating endeavor or
commercial enterprise.
6.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute
to,
or participate in blogs, message boards, online forums, and other functionality,
and
may provide you with the opportunity to create, submit, post, display, transmit,
perform, publish, distribute, or broadcast content and materials to us or on the
Site, including but not limited to text, writings, video, audio, photographs,
graphics, comments, suggestions, or personal information or other material
(collectively, "Contributions"). Contributions may be viewable by other users of
the
Site and through third-party websites. As such, any Contributions you transmit
may
be treated as non-confidential and non-proprietary. When you create or make
available any Contributions, you thereby represent and warrant that:
- The creation, distribution,
transmission,
public display, or performance, and the accessing, downloading, or
copying
of your Contributions do not and will not infringe the proprietary
rights,
including but not limited to the copyright, patent, trademark, trade
secret,
or moral rights of any third party.
- You are the creator and
owner of or have the necessary licenses, rights, consents, releases, and
permissions to use and to authorize us, the Site, and other users of the
Site to use your Contributions in any manner contemplated by the Site
and
these Terms of Use.
- You have the written
consent,
release, and/or permission of each and every identifiable individual person
in
your Contributions to use the name or likeness of each and every such
identifiable individual person to enable inclusion and use of your
Contributions
in any manner contemplated by the Site and these Terms of Use.
- Your Contributions are not
false, inaccurate, or misleading.
- Your Contributions are not
unsolicited or unauthorized advertising, promotional materials, pyramid
schemes,
chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not
obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous,
or
otherwise objectionable (as determined by us).
- Your Contributions do not
ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not
used
to harass or threaten (in the legal sense of those terms) any other person
and
to promote violence against a specific person or class of people.
- Your Contributions do not
violate any applicable law, regulation, or rule.
- Your Contributions do not
violate the privacy or publicity rights of any third party.
- Your Contributions do not
violate any applicable law concerning child pornography, or otherwise
intended
to protect the health or well-being of minors.
- Your Contributions do not
include any offensive comments that are connected to race, national origin,
gender, sexual preference, or physical handicap.
- Your Contributions do not
otherwise violate, or link to material that violates, any provision of these
Terms of Use, or any applicable law or regulation.
Any use
of
the Site in violation of the foregoing violates these Terms of Use and may
result
in, among other things, termination or suspension of your rights to use the
Site.
By
posting
your Contributions to any part of the Site
or making Contributions accessible to the Site by
linking your account from the Site to any of your social networking
accounts
, you automatically grant, and you represent and warrant that you have the
right to grant, to us an unrestricted, unlimited, irrevocable, perpetual,
non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and
license
to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle,
archive, store, cache, publicly perform, publicly display, reformat, translate,
transmit, excerpt (in whole or in part), and distribute such Contributions
(including, without limitation, your image and voice) for any purpose,
commercial,
advertising, or otherwise, and to prepare derivative works of, or incorporate
into
other works, such Contributions, and grant and authorize sublicenses of the
foregoing. The use and distribution may occur in any media formats and through
any
media channels.
This
license will apply to any form, media, or technology now known or hereafter
developed, and includes our use of your name, company name, and franchise name,
as
applicable, and any of the trademarks, service marks, trade names, logos, and
personal and commercial images you provide. You waive all moral rights in your
Contributions, and you warrant that moral rights have not otherwise been
asserted in
your Contributions.
We do
not
assert any ownership over your Contributions. You retain full ownership of all
of
your Contributions and any intellectual property rights or other proprietary
rights
associated with your Contributions. We are not liable for any statements or
representations in your Contributions provided by you in any area on the Site.
You
are solely responsible for your Contributions to the Site and you expressly
agree to
exonerate us from any and all responsibility and to refrain from any legal
action
against us regarding your Contributions.
We have the
right, in
our sole and absolute discretion, (1) to edit, redact, or otherwise change any
Contributions;
(2) to re-categorize any Contributions to place them in more appropriate locations on the
Site;
and (3) to pre-screen or delete any Contributions at any time and for any reason, without
notice. We have no obligation to monitor your Contributions.
8.
GUIDELINES FOR REVIEWS
We may provide
you
areas on the Site to leave reviews or ratings. When posting a review, you must comply with
the
following criteria: (1) you should have firsthand experience with the person/entity being
reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hate language; (3) your reviews should not contain discriminatory references
based
on religion, race, gender, national origin, age, marital status, sexual orientation, or
disability; (4) your reviews should not contain references to illegal activity; (5) you
should
not be affiliated with competitors if posting negative reviews; (6) you should not make any
conclusions as to the legality of conduct; (7) you may not post any false or misleading
statements; and (8) you may not organize a campaign encouraging others to post reviews,
whether
positive or negative.
We may accept,
reject,
or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews
or
to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are
not
endorsed by us, and do not necessarily represent our opinions or the views of any of our
affiliates or partners. We do not assume liability for any review or for any claims,
liabilities, or losses resulting from any review. By posting a review, you hereby grant to
us a
perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable
right and license to reproduce, modify, translate, transmit by any means, display, perform,
and/or distribute all content relating to reviews.
9.
MOBILE APPLICATION LICENSE
If you access the
Site via a mobile application, then we grant you a revocable, non-exclusive,
non-transferable, limited right to install and use the mobile application on
wireless electronic devices owned or controlled by you, and to access and use
the mobile application on such devices strictly in accordance with the terms
and conditions of this mobile application license contained in these Terms of Use.
You shall not: (1) except as permitted by applicable law, decompile, reverse
engineer,
disassemble, attempt to derive
the source code of, or decrypt the application; (2) make any modification,
adaptation, improvement, enhancement, translation, or derivative work from the
application; (3) violate any applicable laws, rules, or regulations in
connection with your access or use of the application; (4) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark)
posted by us or the licensors of the application; (5) use the application for
any revenue generating endeavor, commercial enterprise, or other purpose for
which it is not designed or intended; (6) make the application available over a
network or other environment permitting access or use by multiple devices or
users at the same time; (7) use the application for creating a product,
service, or software that is, directly or indirectly, competitive with or in
any way a substitute for the application; (8) use the application to send
automated queries to any website or to send any unsolicited commercial e-mail;
or (9) use any proprietary information or any of our interfaces or our other
intellectual property in the design, development, manufacture, licensing, or
distribution of any applications, accessories, or devices for use with the
application.
Apple and Android
Devices
The following terms apply when you use a mobile
application obtained from either the Apple Store or Google Play (each an “App
Distributor”) to access the Site: (1) the license granted to you for our mobile
application is limited to a non-transferable license to use the application on a
device
that utilizes the Apple iOS or Android operating systems, as applicable, and in
accordance with the usage rules set forth in the applicable App Distributor’s terms
of
service; (2) we are responsible for providing any maintenance and support services
with
respect to the mobile application as specified in the terms and conditions of this
mobile application license contained in these Terms of Use or as otherwise required
under applicable law, and you acknowledge that each App Distributor has no
obligation
whatsoever to furnish any maintenance and support services with respect to the
mobile
application; (3) in the event of any failure of the mobile application to conform to
any
applicable warranty, you may notify the applicable App Distributor, and the App
Distributor, in accordance with its terms and policies, may refund the purchase
price,
if any, paid for the mobile application, and to the maximum extent permitted by
applicable law, the App Distributor will have no other warranty obligation
whatsoever
with respect to the mobile application; (4) you represent and warrant that (i) you
are
not located in a country that is subject to a U.S. government embargo, or that has
been
designated by the U.S. government as a “terrorist supporting” country and (ii) you
are
not listed on any U.S. government list of prohibited or restricted parties; (5) you
must
comply with applicable third-party terms of agreement when using the mobile
application,
e.g., if you have a VoIP application, then you must not be in violation of their
wireless data service agreement when using the mobile application; and (6) you
acknowledge and agree that the App Distributors are third-party beneficiaries of the
terms and conditions in this mobile application license contained in these Terms of
Use,
and that each App Distributor will have the right (and will be deemed to have
accepted
the right) to enforce the terms and conditions in this mobile application license
contained in these Terms of Use against you as a third-party beneficiary
thereof.
10.
SOCIAL MEDIA
As part of the functionality of the Site, you may link
your account with online accounts you have with third-party service providers (each such account, a
“Third-Party Account”) by either: (1) providing your Third-Party Account login information through
the
Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable
terms
and conditions that govern your use of each Third-Party Account. You represent and warrant that you
are
entitled to disclose your Third-Party Account login information to us and/or grant us access to your
Third-Party Account, without breach by you of any of the terms and conditions that govern your use
of
the applicable Third-Party Account, and without obligating us to pay any fees or making us subject
to
any usage limitations imposed by the third-party service provider of the Third-Party Account. By
granting us access to any Third-Party Accounts, you understand that (1) we may access, make
available,
and store (if applicable) any content that you have provided to and stored in your Third-Party
Account
(the “Social Network Content”) so that it is available on and through the Site via your account,
including without limitation any friend lists and (2) we may submit to and receive from your
Third-Party
Account additional information to the extent you are notified when you link your account with the
Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy
settings that you have set in such Third-Party Accounts, personally identifiable information that
you
post to your Third-Party Accounts may be available on and through your account on the Site. Please
note
that if a Third-Party Account or associated service becomes unavailable or our access to such Third
Party Account is terminated by the third-party service provider, then Social Network Content may no
longer be available on and through the Site. You will have the ability to disable the connection
between
your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR
RELATIONSHIP
WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY
BY
YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social
Network Content for any purpose, including but not limited to, for accuracy, legality, or
non-infringement, and we are not responsible for any Social Network Content. You acknowledge and
agree
that we may access your email address book associated with a Third-Party Account and your contacts
list
stored on your mobile device or tablet computer solely for purposes of identifying and informing you
of
those contacts who have also registered to use the Site. You can deactivate the connection between
the
Site and your Third-Party Account by contacting us using the contact information below or through
your
account settings (if applicable). We will attempt to delete any information stored on our servers
that
was obtained through such Third-Party Account, except the username and profile picture that become
associated with your account.
11.
SUBMISSIONS
You acknowledge and agree that any questions,
comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions")
provided by you to us are non-confidential and shall become our sole property. We shall own
exclusive rights, including all intellectual property rights, and shall be entitled to the
unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or
otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to
any
such Submissions, and you hereby warrant that any such Submissions are original with you or that
you
have the right to submit such Submissions. You agree there shall be no recourse against us for
any
alleged or actual infringement or misappropriation of any proprietary right in your
Submissions.
12.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site)
links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics,
pictures, designs, music, sound, video, information, applications, software, and other content or
items
belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites
and
Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or
completeness by us, and we are not responsible for any Third-Party Websites accessed through the
Site or
any Third-Party Content posted on, available through, or installed from the Site, including the
content,
accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained
in
the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use
or
installation of any Third-Party Websites or any Third-Party Content does not imply approval or
endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to
use
or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms
of
Use no longer govern. You should review the applicable terms and policies, including privacy and
data
gathering practices, of any website to which you navigate from the Site or relating to any
applications
you use or install from the Site. Any purchases you make through Third-Party Websites will be
through
other websites and from other companies, and we take no responsibility whatsoever in relation to
such
purchases which are exclusively between you and the applicable third party. You agree and
acknowledge
that we do not endorse the products or services offered on Third-Party Websites and you shall hold
us
harmless from any harm caused by your purchase of such products or services. Additionally, you shall
hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in
any
way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements
and other information in certain areas of the Site, such as sidebar advertisements
or
banner advertisements. If you are an advertiser, you shall take full responsibility
for
any advertisements you place on the Site and any services provided on the Site or
products sold through those advertisements. Further, as an advertiser, you warrant
and
represent that you possess all rights and authority to place advertisements on the
Site,
including, but not limited to, intellectual property rights, publicity rights, and
contractual rights.
We simply provide the space to place such advertisements, and we have no other relationship with
advertisers.
We reserve the
right, but not the obligation, to: (1) monitor the Site for violations of
these Terms of Use; (2) take appropriate legal action against anyone who, in
our sole discretion, violates the law or these Terms of Use, including without
limitation, reporting such user to law enforcement authorities; (3) in our sole
discretion and without limitation, refuse, restrict access to, limit the
availability of, or disable (to the extent technologically feasible) any of
your Contributions or any portion thereof; (4) in our sole discretion and
without limitation, notice, or liability, to remove from the Site or otherwise
disable all files and content that are excessive in size or are in any way
burdensome to our systems; and (5) otherwise manage the Site in a manner
designed to protect our rights and property and to facilitate the proper
functioning of the Site.
15.
PRIVACY POLICY
We care
about data privacy and security. By using the Site, you agree to be bound by
our
Privacy Policy posted on the Site, which is incorporated into these Terms of
Use. Please be advised the Site is hosted in
the United
States
. If you access the Site from any other region of the
world
with laws or other requirements governing personal data collection, use, or
disclosure that differ from applicable laws in
the United
States
, then through your continued use of the Site, you are
transferring your data to
the United
States
, and you agree to have your data transferred to and
processed
in
the United
States
.
Further, we do not knowingly accept, request, or
solicit information from children or knowingly market to children.
Therefore, in accordance with the U.S. Children’s Online Privacy
Protection Act, if we receive actual knowledge that anyone under the
age
of 13 has provided personal information to us without the requisite
and
verifiable parental consent, we will delete that information from
the
Site as quickly as is reasonably practical.
16.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any
material available on or through the Site infringes upon any copyright you own or control, please
immediately notify us using the contact information provided below (a “Notification”). A copy of your
Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to applicable law you may be held liable for damages if you make
material
misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by
the
Site infringes your copyright, you should consider first contacting an attorney.
These
Terms
of
Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER
PROVISION
OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY,
DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY
REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE
YOUR
USE OR PARTICIPATION IN THE SITE OR DELETE
YOUR ACCOUNT AND
ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME,
WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate
or suspend your account for any reason, you are prohibited from registering and
creating a new account under your name, a fake or borrowed name, or the name of
any third party, even if you may be acting on behalf of the third party. In
addition to terminating or suspending your account, we reserve the right to
take appropriate legal action, including without limitation pursuing civil,
criminal, and injunctive redress.
18.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the
contents of the Site at any time or for any reason at our sole discretion without notice. However,
we
have no obligation to update any information on our Site. We also reserve the right to modify or
discontinue all or part of the Site without notice at any time. We will not be liable to you or any
third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee
the Site will be available at all times. We may experience hardware, software,
or other problems or need to perform maintenance related to the Site, resulting
in interruptions, delays, or errors. We
reserve the right to change, revise, update, suspend, discontinue, or otherwise
modify the Site at any time or for any reason without notice to you. You agree that we have no
liability
whatsoever for any loss, damage, or inconvenience caused by your inability to
access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of
Use
will be
construed to obligate us to maintain and support the Site or to supply any
corrections, updates, or releases in connection therewith.
These Terms of Use and your use of the Site are
governed by and construed in accordance with the laws of
the State of California
applicable to agreements made and to be entirely performed within
the State of
California
, without regard to its conflict of law principles.
To expedite
resolution and control the cost of any dispute, controversy, or claim related to
these
Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you
or
us (individually, a “Party” and collectively, the “Parties”), the Parties agree to
first
attempt to negotiate any Dispute (except those Disputes expressly provided below)
informally for at least one hundred
eighty (180) days before initiating arbitration. Such informal
negotiations
commence upon written notice from one Party to the other Party.
Any dispute
arising out of or in connection with this contract, including any question regarding
its
existence, validity, or termination, shall be referred to and finally resolved by
the
International Commercial Arbitration Court under the European Arbitration Chamber
(Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which,
as a
result of referring to it, is considered as the part of this clause. The number of
arbitrators shall be one (1). The seat, or legal place,
of
arbitration shall be
Tel Aviv,
Israel
. The
language of the proceedings shall be english
. The governing law of the contract shall be the substantive law
of
Israel
.
The Parties
agree that any arbitration shall be limited to the Dispute between the Parties
individually. To the full extent permitted by law, (a) no arbitration shall be
joined
with any other proceeding; (b) there is no right or authority for any Dispute to be
arbitrated on a class-action basis or to utilize class action procedures; and (c)
there
is no right or authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and
Arbitration
The Parties
agree that the following Disputes are not subject to the above provisions concerning
informal negotiations and binding arbitration: (a) any Disputes seeking to enforce
or
protect, or concerning the validity of, any of the intellectual property rights of a
Party; (b) any Dispute related to, or arising from, allegations of theft, piracy,
invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief.
If
this provision is found to be illegal or unenforceable, then neither Party will
elect to
arbitrate any Dispute falling within that portion of this provision found to be
illegal
or unenforceable and such Dispute shall be decided by a court of competent
jurisdiction
within the courts listed for jurisdiction above, and the Parties agree to submit to
the
personal jurisdiction of that court.
There may be
information on the Site that contains typographical errors, inaccuracies, or
omissions, including descriptions, pricing, availability, and various other
information. We reserve the right to
correct any errors, inaccuracies, or omissions and to change or update the
information on the Site at any time, without prior notice.
THE SITE IS PROVIDED
ON AN AS-IS AND AS-AVAILABLE BASIS. YOU
AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT
THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY
WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY
FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2)
PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM
YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF
OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION
TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH
MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) 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 SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE,
OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE
APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU
AND ANY 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.
23.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR
AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR
OTHER
DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR
LIABILITY
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL
TIMES
BE LIMITED TO
THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US
DURING
THE six (6) MONTH PERIOD PRIOR TO ANY
CAUSE OF ACTION ARISING
OR
$100.00
USD
. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU,
SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE
ADDITIONAL RIGHTS.
You agree to
defend, indemnify, and hold us harmless, including our subsidiaries,
affiliates, and all of our respective officers, agents, partners, and
employees, from and against any loss, damage, liability, claim, or demand, including
reasonable attorneys’ fees and expenses, made by any third party due to or
arising out of:
(1) your Contributions;
(2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set
forth
in these Terms of Use; (5) your violation of the rights
of a
third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site
with
whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your
expense,
to assume the exclusive defense and control of any matter for which you are required to indemnify
us,
and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable
efforts to notify you of any such claim, action, or proceeding which is subject to this
indemnification
upon becoming aware of it.
We will maintain
certain data that you transmit to the Site for the purpose of managing the
performance of the Site, as well as data relating to your use of the Site. Although we perform
regular
routine backups
of data, you are solely responsible for all data that you transmit or that
relates to any activity you have undertaken using the Site. You agree
that we shall have no liability to you for any loss or corruption of any such
data, and you hereby waive any right of action against us arising from any such
loss or corruption of such data.
26.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing
online forms constitute electronic communications. You consent to receive electronic communications,
and
you agree that all agreements, notices, disclosures, and other communications we provide to you
electronically, via email and on the Site, satisfy any legal requirement that such communication be
in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS,
AND
TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY
US OR
VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules,
ordinances, or other laws in any jurisdiction which require an original signature or delivery or
retention of non-electronic records, or to payments or the granting of credits by any means other
than
electronic means.
27.
CALIFORNIA USERS AND RESIDENTS
If any complaint
with us is not satisfactorily resolved, you can contact the Complaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N
112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916)
445-1254.
These Terms of Use and any policies or operating rules
posted by us on the Site or in respect to the Site constitute the entire agreement and understanding
between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use
shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest
extent permissible by law. We may assign any or all of our rights and obligations to others at any
time.
We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any
cause
beyond our reasonable control. If any provision or part of a provision of these Terms of Use is
determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed
severable from these Terms of Use and does not affect the validity and enforceability of any
remaining
provisions. There is no joint venture, partnership, employment or agency relationship created
between
you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use
will
not be construed against us by virtue of having drafted them. You hereby waive any and all defenses
you
may have based on the electronic form of these Terms of Use and the lack of signing by the parties
hereto to execute these Terms of Use.
In order to resolve a complaint regarding the Site or
to receive further information regarding use of the Site, please contact us at:
DDance
Ltd.
Agamim, Netanya, Israel
Netanya
, Center District
4209006
Israel
Phone:
(+972)525761112
shahar@ddance.app