USER
AGREEMENT
The Ascending
Star Dance calendar, audition and job posting, listings, and other
user contributed and/or comment areas are provided as a service to
members of our community. By using or participating with Ascending
Star Dance, you agree to this User Agreement including, but not
limited to, the Rules of Conduct and the Terms of Service stated
below. For purposes of this agreement, "user" refers to any
individual posting on or otherwise using the Ascending Star Dance
website and refers to any or all of Ascending Star Dance and their
authorized representatives.
Ascending Star
Dance reserves the right to change the Rules of Conduct, Terms of
Service and all other parts of this User Agreement at its sole
discretion and without notice.
As a standard
operating procedure, Ascending Star Dance does not enter into
correspondence, discussions or other communication, either public or
private, about Ascending Star Dance’s policies, individual
representatives, enforcement or application of the User Agreement,
bans or other sanctions, etc.
RULES
OF CONDUCT
User agrees not
to post material that is knowingly false and/or defamatory,
misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene,
profane, sexually oriented, threatening, invasive of a person's
privacy, that otherwise violates any law or that encourages conduct
that violates any law.
User agrees not
to post any material that is protected by copyright, trademark or
other proprietary right without the express permission of the
owner(s) of said copyright, trademark or other proprietary right.
User agrees not
to use nicknames that might be deemed abusive, vulgar, hateful,
harassing, obscene, profane, sexually oriented, threatening, invasive
of a person's privacy or otherwise inappropriate. User agrees not to
use nicknames that might mislead other Users. This includes, but is
not limited to, using nicknames that impersonate developers, staff or
other Users.
TERMS
OF SERVICE
User
acknowledges and agrees that use of the Ascending Star Dance is a
privilege, not a right, and that Ascending Star Dance has the right,
at its sole discretion, to revoke this privilege at any time without
notice or reason. User agrees that this agreement, in its entirety,
applies to both public and private postings.
The goal of the
Ascending Star Dance is to foster communication and the interchange
of information within the dance community. User agrees and
acknowledges that any posts, nicknames or other material deemed
abusive, vulgar, hateful, harassing, obscene, profane, sexually
oriented, threatening, offensive, harassing, baiting or otherwise
inappropriate may be removed at the sole discretion of Ascending Star
Dance.
User authorizes
Ascending Star Dance to make use of any original stories, concepts,
ideas, drawings, photographs, opinions and other creative materials
posted on Ascending Star Dance without compensation or other
recourse. User also agrees to indemnify and hold harmless Ascending
Star Dance and their agents with respect to any claims based upon, or
arising from, the transmission and/or content of postings.
Ascending Star
Dance has the right, but not the obligation to, monitor and/or
moderate the postings and offers no assurances in this regard.
Ascending Star
Dance is not responsible for postings or content therein. We do not
vouch for, or warrant, the accuracy, completeness or usefulness of
any posting or article. Each post expresses the views of its
originating User, not necessarily those of Ascending Star Dance.
Unless expressly stated otherwise by an Ascending Star Dance
representative, this includes postings by Ascending Star Dance
personnel, representatives, sponsors and partners.
Any User who
feels that a posting is objectionable is encouraged to contact us. We
have the ability to remove messages and will make every effort to do
so within a reasonable time if we determine that removal is
necessary. This is a manual process, however, so please realize that
we may not be able to act immediately. Removal of postings is at the
sole discretion of Ascending Star Dance.
Ascending Star
Dance reserves the right to reveal the identity of and/or whatever
information we know about any User in the event of a complaint or
legal action arising from any posting by said User.
YOU MUST BE AT
LEAST 18 YEARS OLD AND BE ABLE TO FORM LEGALLY BINDING CONTRACTS
BEFORE YOU CAN BECOME A MEMBER OF THE ASCENDING STAR DANCE WEBSITE.
Ascending Star
Dance is not responsible for the content posted by Ascending Star
Dance members or visitors on any area of our site including without
limitation, calendars, message boards, job and audition postings.
The opinions and views expressed by Ascending Star Dance members or
visitors do not necessarily represent those of Ascending Star Dance
and Ascending Star Dance does not verify, endorse, or vouch for the
content of such page(s). Furthermore, Ascending Star Dance is not
responsible for the delivery or quality of any goods or services sold
or advertised through or on Ascending Star Dance members' page(s). If
you believe that any of the content posted by our members or visitors
violates your proprietary rights, including copyrights, please
contact us.
You are solely
and fully responsible for any content that you post on any area of
our site. We do not regularly review the contents of materials posted
by our members or other visitors to our site. We strictly prohibit
the posting of the following types of content on all areas of our
sites:
Nudity, pornography and sexual material of a lewd, lecherous or
obscene nature and intent that violates local, state and national
laws.
- Any material that
violates or infringes in any way upon the proprietary rights of
others, including, without limitation, copyright or trademark
rights; this includes "WAREZ" (copyrighted software that
is distributed illegally), "mp3" files of copyrighted
music, copyrighted photographs, text, video or artwork. If you do
not own the copyright or have expressed authorization and documented
permission to use it, do not put it on your site at Ascending Star
Dance (if you do have expressed permission you must say so clearly
on your Ascending Star Dance homepage). Ascending Star Dance will
terminate the memberships of, and remove the pages of, repeat
infringers.
- Any material that
is threatening, abusive, harassing, defamatory, invasive of privacy
or publicity rights, vulgar, obscene, profane, indecent or otherwise
objectionable; including posting other peoples' private information.
- Content that
promotes, encourages or provides instructional information about
illegal activities---specifically hacking or cracking.
- Any software,
information, or other material that contains a virus, "Trojan
Horse", "worm," corrupted data or any other harmful
or damaging component.
- Hate propaganda
or hate mongering, swearing or fraudulent material or activity;
By submitting your data
to Ascending Star Dance, you represent that the data comply with
Ascending Star Dance’s Terms of Service. If any third party
brings a claim, lawsuit or other proceeding against Ascending Star
Dance based on your conduct or use of Ascending Star Dance services,
you agree to compensate Ascending Star Dance (including its officers,
directors, employees and agents) for any and all losses, liabilities,
damages or expenses, including attorney's fees, incurred by dance.net
in connection with any such claim, lawsuit or proceeding.
Ascending Star
Dance is the final arbiter of what IS and IS NOT allowed on our site.
Further, Ascending Star Dance reserves the right to modify or remove
anything submitted to Ascending Star Dance, and to cancel any
membership, at any time for any reason without prior notice.
Ascending Star Dance is not obliged to maintain back-ups copies of
any material submitted or posted on our site. Actions or activities
that may cause termination of your membership and/or removal of your
page(s) include, but are not limited to:
Posting or providing links to any content which violates our Terms
of Service.
- Conducting or
providing links to any raffle, contest or game which violates any
local, state or national laws.
- Displaying on your
page any paid advertising or other paid sponsorship banner other
than an Ascending Star Dance affiliate program or affiliate partner.
- Restricting access
to your Ascending Star Dance page(s) or files only to users with
passwords.
- Using, in the
registration of your Ascending Star Dance membership, an email
account that is not your own or that is or becomes inactive.
- Violating the
Ascending Star Dance Terms of Service. Please read and familiarize
yourself with the Ascending Star Dance Terms of Service.
- Sending
unsolicited email using an Ascending Star Dance address or
containing any reference to your Ascending Star Dance home page.
- Reproducing,
distributing, republishing or re-transmitting material posted by
other Ascending Star Dance members without the prior permission of
such members.
We reserve the right to
monitor and investigate any complaints regarding any content of
Ascending Star Dance members' pages or postings and to take
appropriate action if Ascending Star Dance finds violations of these
Terms of Service. Accordingly, you agree that Ascending Star Dance
will have the right to access your site at any time, without prior
notice. If access to your site is restricted, whether by password or
otherwise, you agree to provide Ascending Star Dance with whatever
information is required to access your site. In the case of any such
complaint, Ascending Star Dance reserves the right to remove the
content complained of while the Ascending Star Dance member and the
complaining party attempt to resolve their dispute. This could result
in your page(s) being removed from Ascending Star Dance for as long
as it takes to resolve the dispute.
You grant to
Ascending Star Dance and its affiliates a royalty-free, perpetual,
irrevocable, nonexclusive, worldwide, unrestricted license to use,
copy, modify, transmit, distribute and publicly perform or display
the submitted pages or other content for the purposes of displaying
such information on Ascending Star Dance’s sites and for the
promotion and marketing of Ascending Star Dance’s services.
Ascending Star Dance disclaims ownership of member sites and will not
resell or otherwise convey these.
Ascending Star
Dance makes no guarantee of availability of service and reserves the
right to change, withdraw, suspend or discontinue any functionality
or feature of the Ascending Star Dance. IN NO EVENT WILL ASCENDING
STAR DANCE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION,
DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE ASCENDING STAR
DANCE’S SERVICES OR ANY CONTENT THEREON FOR ANY REASON
INCLUDING, WITHOUT LIMITATION, ASCENDING STAR DANCE’S REMOVAL
OR DELETION OF ANY MATERIALS OR RECORDS SUBMITTED OR POSTED ON
ASCENDING STAR DANCE’S SITE FOR ANY REASON. THIS DISCLAIMER
APPLIES, WITHOUT LIMITATION, TO ANY DAMAGES OR INJURY, WHETHER FOR
BREACH OF CONTRACT, TORT OR OTHERWISE CAUSED; 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.
By submitting
any content, including without limitation, homepages, message-board
postings or any statements you signify your agreement to these Terms
of Service.