Terms of Service
The following terms and conditions govern all use of the MessageDance.com website and all content, services and products available at or through the website, (taken together, the “Website” or “Service”). The Website is owned and operated by MessageDance, Inc. (“MessageDance”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, MessageDance’s Privacy Policy) and procedures that may be published from time to time on this site by MessageDance (collectively, the “agreement”).
All visitors (“Visitor” and “Visitors”) to the MessageDance Website and registered users (“User” and “Users” ) of the MessageDance Website and Service, please read this agreement carefully before accessing or using the Website or Service. By accessing or using any part of the Website or Service, Visitors and Users agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any Service. If these terms and conditions are considered an offer by MessageDance, acceptance is expressly limited to these terms.
Eligibility to use MessageDance Website and Service
MessageDance Website and Service is intended for use by people 13 years of age and older and is not directed to children under the age of 13. You must be 13 years of age or older to use the MessageDance Website and Service. MessageDance complies with the Children's Online Privacy Protection Act (COPPA) and does not permit registration by and will not knowingly collect personally identifiable information from anyone under 13. By becoming a User of the MessageDance Website and Service, you represent and warrant that you are 13 years of age or older. Additionally, you must provide true, accurate and complete registration information to become a User of the MessageDance Website and Service. Creating a User account under automated means or under false or fraudulent pretenses constitutes unauthorized use of the MessageDance Website and Service and such accounts will be terminated.
Your MessageDance Account
A feature of the MessageDance Service is the routing of messages (“Messages”) by Users via email, sms, instant messaging, MessageDance.com submissions, and any future communication platform or service MessageDance may support. These Messages are displayed on a widget (“Widget”) placed by MessageDance Users on other Websites outside of the control of MessageDance, Inc. When MessageDance Users submit information to their profile and send Messages through the MessageDance Service, this information may be publicly accessible via MessageDance.com or User widgets. Use of this information, now in the public domain, is not the responsibility of MessageDance, Inc. Users take full responsibility for any use or distribution of copyrighted material.
If you, a User, create a Message or create a MessageDance Widget for use on your Website or other entity’s Website, you are responsible for maintaining the security of your account and Messages, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the message activity. MessageDance may change or remove any Message, description, keyword, image etc. that it considers inappropriate or unlawful, or otherwise likely to cause MessageDance harm or liability. You must immediately notify MessageDance of any unauthorized uses of your account, message Service or Widget, or any other breaches of security. MessageDance will not be liable for any acts or omissions by Visitors or Users, including any damages of any kind incurred as a result of such acts or omissions.
Responsibility of Users
If you create and operate a Widget, comment on and/or send Messages to a Widget, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, “Content”), Users or Visitors are entirely responsible for the Content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio or video file, or computer software. By making Content available, you represent and warrant that:
* the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
* you will not impersonate any person or entity, including, but not limited to, a MessageDance official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
* you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website or Service;
* you will not upload, post or otherwise transmit any Content that you do not have a right to transmit 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);
* if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
* you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
* the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
* the Content is not spam, and does not contain unethical or unwanted commercial Content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
* the Content is not obscene, libelous or defamatory, hateful or racially or ethnically objectionable, and does not violate the privacy or publicity rights of any third party; and
* you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by MessageDance or otherwise.
By submitting Content to MessageDance for inclusion on your Widget, message, or comment, you grant MessageDance a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your message. If you delete Content, MessageDance will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, MessageDance has the right (though not the obligation) to, in MessageDance’s sole discretion (i) refuse or remove any Content that, in MessageDance’s reasonable opinion, violates any MessageDance policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in MessageDance’s sole discretion. MessageDance will have no obligation to provide a refund of any amounts previously paid.
Responsibility of Website Visitors
MessageDance has not reviewed, and cannot review, all of the material, including computer software, posted to the Website or Widgets, and cannot therefore be responsible for that material’s Content, use or effects. By operating the Website, MessageDance does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. Visitors and Users are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive Content. The Website or Widget may contain Content that is offensive, indecent, or otherwise objectionable, as well as Content containing technical inaccuracies, typographical mistakes, and other errors. The Website or Widget may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. MessageDance disclaims any responsibility for any harm resulting from the use by Visitors of the Website or Widget, or from any downloading by those Visitors of Content there posted.
Content Posted on Other Websites
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which MessageDance.com links, and that link to MessageDance.com. MessageDance does not have any control over those non-MessageDance websites and webpages, and is not responsible for their contents or their use. By linking to a non-MessageDance website or webpage, MessageDance does not represent or imply that it endorses such website or webpage. Visitors and Users are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. MessageDance disclaims any responsibility for any harm resulting from your use of non-MessageDance websites and webpages.
Copyright Infringement and DMCA Policy
As MessageDance asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by MessageDance.com violates your copyright, you are encouraged to notify MessageDance ( 
) in accordance with MessageDance’s Digital Millennium Copyright Act (”DMCA”) Policy. MessageDance will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a Visitor or User who may infringe or repeatedly infringes the copyrights or other intellectual property rights of MessageDance or others, MessageDance may, in its discretion, terminate or deny access to and use of the Website and Service. In the case of such termination, MessageDance will have no obligation to provide a refund of any amounts previously paid to MessageDance.
Intellectual Property
This Agreement does not transfer from MessageDance to Visitors or Users any MessageDance or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with MessageDance. MessageDance, MessageDance Inc., AdDance, Social Signature, DanceCard, MessageDance.com, the MessageDance.com logo, and all other trademarks, service marks, graphics and logos used in connection with MessageDance.com, or the Website are trademarks or registered trademarks of MessageDance or MessageDance’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any MessageDance or third-party trademarks.
Changes
MessageDance reserves the right, at its sole discretion, to modify or replace any part of this agreement. It is your responsibility to check this agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this agreement constitutes acceptance of those changes. MessageDance may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this agreement.
Termination
MessageDance may terminate a Visitor or User access to all or any part of the Website, Service, or Widget at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this agreement or your MessageDance.com account (if you have one), you may simply discontinue using the Website or Service. Notwithstanding the foregoing, if you have a paid account, such account can only be terminated by MessageDance if you materially breach this agreement and fail to cure such breach within thirty (30) days from MessageDance’s notice to you thereof; provided that, MessageDance can terminate the Website immediately as part of a general shut down of our Service. All provisions of this agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer of Warranties
The Website, Service, and Widget is provided “as is”. MessageDance and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither MessageDance nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through the Website at your own discretion and risk.
Limitation of Liability
In no event will MessageDance, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that increase the fees paid by you to MessageDance under this agreement during the twelve (12) month period prior to the date the cause of the action accrues. MessageDance shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
General Representation and Warranty
All Visitors and Users represent and warrant that (i) your use of the Website, Service or Widget will be in strict accordance with the MessageDance Privacy Policy, with this agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website, Service or Widget will not infringe or misappropriate the intellectual property rights of any third party.
Indemnification
All Visitors and Users agree to indemnify and hold harmless MessageDance, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, Service or Widget, including but not limited to your violation this agreement.
Miscellaneous
This agreement constitutes the entire agreement between MessageDance and all Visitors and Users concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of MessageDance, or by the posting by MessageDance of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website, Service, or Widget will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Santa Clara County, California. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Santa Clara, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this agreement shall be entitled to costs and attorneys’ fees. If any part of this agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this agreement to any party that consents to, and agrees to be bound by, its terms and conditions; MessageDance may assign its rights under this agreement without condition. This agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.
This Terms of Service is a modified version of Automattic, Inc. Terms of Service.
Last updated: November 19 2007