Dance.al offers a platform for distributors and reviewers to review music, whether by premium (paid) credits or standard (free) credits. The "Service" means the product, platform or service provided or made accessible to you by Company.
By registering and participating in this Service, you agree and represent as follows:
- You are of legal age and are otherwise capable of forming a legally binding contract;
- You agree to be financially responsible for your Account and to comply with your responsibilities and obligations as stated in these Terms and in any policies or procedures posted on the Site, including but not limited to those for deposits of funds, account cashouts, payment methods, and refunds;
- All information you submit to Dance.al or in connection with a Dance.al service is accurate and complete and that you will maintain and promptly update any profile supplied to Company or to Users to ensure accuracy at all times;
- You agree to be contacted via Email by Company regarding Dance.al services;
- You hereby grant Company permission to email or display your profile and such other information as may be supplied by you to Company on or from Company's website as Company shall deem advisable in its sole determination in connection with the Service for you;
- By using the Service, you are granting Dance.al permission to access your account and those messages, data, information, text, graphics, audio, video or other material posted/uploaded/transmitted to or through the Service using your account, solely in connection with the provision of Services;
- Whether as a distributor or reviewer, you agree that all orders placed are non-cancellable
3. Responsibility For User Content; Publisher Requirements
Dance.al respects the rights of third party creators and content owners physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging inactivity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) engaging in unauthorized commercial activities and/or sales without Dance.al's prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (f) using any robot, spider, other automatic devices, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Company website or for any other unauthorized purpose without Company's prior written consent; (f) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (g) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (h) taking any action that imposes an unreasonable or disproportionately large load on the Service or Company's hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are set forth herein, nor will you use this Service in violation of the law or these Terms of Service.
5. Use of Third Party Services
As a part of our Service, Dance.al may offer links to web sites operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. Dance.al does not operate or control in any way any information, software, products or services available on such web sites. Dance.al's inclusion of a link to a web site does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
6. Representations and Warranties and Indemnification
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party.
You agree to indemnify, defend and hold harmless Dance.al, and its officers, directors, employees, agents, and contractors from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) your breach of these Terms of Service, or (d) any actual, prospective, completed or terminated service between you and a third party.
7. Disclaimers and Limitations
Dance.al intends that the information contained in its Service be accurate and reliable; however, errors sometimes occur. In addition, Dance.al may make changes and improvements to the information provided herein at any time. THE SERVICE AND THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ASSOCIATED WITH IT ARE PROVIDED "AS IS." Dance.al AND/OR ITS SUPPLIERS, PARTNERS AND AFFILIATES DISCLAIM ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING TO THE SERVICE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. USE OF DANCE.AL'S SERVICE IS AT YOUR OWN RISK. Company AND/OR ITS SUPPLIERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF Company'S SERVICE OR WITH THE DELAY OR INABILITY TO USE THE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES OBTAINED THROUGH Company, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Company AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Company OR ITS SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. Company'S LIABILITY, AND THE LIABILITY OF Company'S SUPPLIERS AND AFFILIATES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, SHALL NOT EXCEED UP TO THE GREATER OF: (I) THE AMOUNT OF THE TOTAL FEES PAID BY YOU TO Company DURING THE MOST RECENT TWELVE MONTH PERIOD AND (II) THE AMOUNT PAID TO YOU IN COMMISSIONS DURING THE MOST RECENT TWELVE MONTH PERIOD. THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN Company AND YOU. Some states do not allow the limitation of liability, so the foregoing limitation may not always apply.
ERRORS AND DELAYS
Dance.al is not responsible for any errors or delays caused by an incorrect e-mail address provided by you or other technical problems beyond our reasonable control.
8. Funding Your Account
You may fund your account in two ways: (1) you can process payments to your account via a credit card or PayPal ("Deposited Funds"); and (2) you can earn funds by approving premium submissions as a reviewer ("Earned Funds").
Deposited Funds will appear as "Premium Credits" in your Account balance and be available for you to purchase premium submissions; however, Deposited Funds may not be cashed out or refunded. Payments are processed by Braintree, a division of PayPal, and can be made using most major credit cards, or with your PayPal account. By default, payment information is stored safely on Braintree's systems to make future transactions quick and easy.
Earned Funds will generally appear in your Account balance after responding to a Premium Submission, and Earned Funds may be cashed out upon your request per the instructions given elsewhere on the Site.
Please note that if your Account is inactive for a six-month period (i.e. you have not signed in to your Account, you have not added more Deposited Funds, you have not purchased any premium credits, or you have not received any Earned Funds during that time), then we may deem your Account inactive. If your Account is inactive after a twelve-month period, your Account balance may be charged as an inactive fee. Company may, but has no obligation to, give you prior notice of the imposition of any inactive fee. PLEASE NOTE OUR REFUND POLICY (submithub.com/about/refunds), WHICH IS INCORPORATED INTO THESE TERMS BY REFERENCE HEREIN.
In addition to our other rights and remedies, we may (a) withhold and offset any payments owed to you under the Agreement against any fees you owe us under the Agreement or any other agreement, or (b) require you to refund us within 30 days of any invoice, any amounts we may have overpaid to you in prior periods. If you dispute any payment made or withheld relating to the Service, you must notify us in writing within 30 days of any such payment. If you do not, any claim relating to the disputed payment is waived. To ensure proper payment, you are responsible for providing and maintaining accurate contact and payment information in your account. You are responsible for any charges assessed by your bank or payment provider.
Company reserves the right in its sole discretion, and without any prior notice, to terminate your access to the Service for any reason, including your breach of these Terms of Service, the terms and conditions of any service for which you may have registered, or a violation of the rights of another user or the law. You may unsubscribe from any further communication from Company at any time by delivering a written notice addressed to firstname.lastname@example.org. You shall be responsible for ensuring the delivery of the notice to Dance.al. Dance.al shall not be obligated to store any data or files for more than ninety (90) days after the termination of your access to the Service.
Company reserves the right with or without notice to you at any time to change, modify or discontinue any service or a portion or attribute thereof, or the offering of any information, goods, content, product or service. Dance.al shall have no liability to you or any third party should Company modify or discontinue any service or an aspect thereof.
10. Dispute Resolution
Any claim or controversy arising out of or relating to the use of Dance.al's Service, to the goods or services provided by Dance.al, or to any acts or omissions for which you may contend Dance.al is liable, including but not limited to any claim or controversy ("Dispute"), shall be finally, and exclusively, settled by arbitration in Delaware, from which arbitration there shall be no appeal. The arbitration shall be held before one arbitrator under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") in force at that time. The arbitrator shall be selected pursuant to the AAA rules. The arbitrator shall apply the substantive law of the State of Delaware, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act. To begin the arbitration process, a party must make a written demand therefore. Each party shall bear its own costs and attorneys' fees. Any judgment upon the award rendered by the arbitrators may be entered in any court of competent jurisdiction in Delaware. The arbitrator shall not have the power to award damages in connection with any Dispute in excess of actual compensatory damages and shall not multiply actual damages or award consequential, punitive or exemplary damages, and each party irrevocably waives any claim thereto. The agreement to arbitrate shall not be construed as an agreement to the joinder or consolidation of arbitration under this Agreement with arbitration of disputes or claims of any non-party, regardless of the nature of the issues or disputes involved. THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND DANCE.AL WILL BE RESOLVED BY BINDING ARBITRATION. YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOU ACKNOWLEDGE AND AGREE THAT YOU AND DANCE.AL ARE EACH WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. Further, unless both you and Company otherwise agree, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.
11. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
13. Copyright and Trade Mark Notices
All contents of the Service are copyrighted © 20196 Dance.al. All rights reserved. Other product and company names may be trademarks or service marks of their respective owners.
IF YOU DO NOT AGREE TO THE TERMS STATED ABOVE OR TO ANY CHANGES MADE IN THESE TERMS, PLEASE EXIT THIS WEBSITE AND SERVICE IMMEDIATELY.