Terms of Use Agreement

These Terms of Use Agreement (“Agreement”) apply to your access and use of the website, or the applications and other online products and services (collectively, our “Services”) provided by Dancx (“Dancx” or “we”). PLEASE BE AWARE THAT SECTION 14 OF THE AGREEMENT, BELOW, CONTAINS PROVISIONS GOVERNING HOW DISPUTES THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY DISPUTES THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEVE AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL. ANY DISPUTE, CLAIM OR REQUEST FOR RELIEF RELATING IN ANY WAY TO YOUR USE OF THE SITE WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF CALIFORNIA, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THE AGREEMENT. If you do not agree to this Agreement, including the mandatory arbitration provision and class action waiver in Section 14, do not access or use our Services. PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY DANCX IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Agreement available at our website. We will also update the “Last Updated” date at the top of the Agreement. Any changes to the Agreement will be effective immediately for new users of the website and/or the Services and will be effective thirty (30) days after posting notice of such changes on our website for existing users. Your continued use of the Services after the effective date of any changes constitutes your acceptance of such changes. PLEASE CHECK THE WEBSITE REGULARLY TO VIEW THE THEN-CURRENT AGREEMENT. If you have any questions about this Agreement or our Services, please contact us at contact@puresoftltd.com.

You must be at least 13 years of age to access or use our Services. If you are under 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by this Agreement. If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you agree to be fully responsible for the acts or omissions of such user in connection with our Services.

If you choose to login to the Services via a third-party platform or social media network, you will need to use your credentials (e.g., username and password) from a third-party online platform. You must maintain the security of your third party account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. If you permit others to use your account credentials, you are responsible for the activities of such users that occur in connection with your account.

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you.

Our Services may allow you and other users to create, post, store and share content, including photos, videos, messages, text, software and other materials (collectively, “User Content”). Subject to this Agreement and the Privacy Policy, you retain all rights in and to your User Content, as between you and Dancx. Further, Dancx does not claim ownership of any User Content that you post on or through the Services. You grant Dancx a nonexclusive, royalty-free, worldwide, fully paid license to use, reproduce, modify, adapt, create derivative works from, distribute, perform and display your User Content during the term of this Agreement solely to provide you with the Services. You acknowledge that some of the Services are supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Dancx may place such advertising and promotions on the Services or on, about, or in conjunction with your User Content. You represent and warrant that: (i) you own or otherwise have the right to use the User Content modified by you on or through the Services; (ii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you stylize on or through the Services; and (iii) you have the legal right and capacity to enter into this Agreement in your jurisdiction. You may not create, post, store or share any User Content that violates this Agreement or for which you do not have all the rights necessary to grant us the license described above. Dancx does not provide a backup service and you agree that you will not rely on the Services for the purposes of User Content backup or storage.

You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Services. You will not: - Engage in any harassing, threatening, intimidating, predatory or stalking conduct; - Use or attempt to use another user’s account without authorization from that user and Dancx; - Use our Services in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner; - Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; - Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; - Develop or use any third-party applications that interact with our Services without our prior written consent; - Use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates this Agreement. You may also only post or otherwise share User Content that is non-confidential and you have all necessary rights to disclose. You may not create, post, store or share any User Content that: - Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent; - Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law; - May infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; - Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences; - Impersonates, or misrepresents your affiliation with, any person or entity; - Contains any unsolicited promotions, political campaigning, advertising or solicitations; - Contains any private or personal information of a third party without such third party’s consent; - Contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or - Is, in our sole judgment, objectionable or that restricts or inhibits any other person from using or enjoying our Services, or that may expose Dancx or others to any harm or liability of any type.

Our Services and the text, graphics, images, photographs, videos, illustrations, trademarks, trade names, page headers, button icons, scripts, service marks, logos, slogans, filters, user generated filters and other content contained therein (collectively, the “Dancx Content”) are owned by or licensed to Dancx and are protected under both United States and foreign laws. Except as explicitly stated in this Agreement, Dancx and our licensors reserve all rights in and to our Services and the Dancx Content. You are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services and Dancx Content for your own personal use; however, such license is subject to this Agreement and does not include any right to: (a) sell, resell or commercially use our Services or Dancx Content; (b) copy, reproduce, distribute, publicly perform or publicly display Dancx Content, except as expressly permitted by us or our licensors; (c) modify the Dancx Content, remove any proprietary rights notices or markings, or otherwise make any derivative uses of our Services or Dancx Content, except as expressly set forth in this Agreement; (d) use any data mining, robots or similar data gathering or extraction methods; or (e) use our Services or Dancx Content other than as expressly provided in this Agreement. Any use of our Services or Dancx Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted under this Agreement.

Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Dancx or our products or Services (collectively, “Feedback”), is non-confidential and we have no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You hereby grant to Dancx a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback.

We have a policy of limiting access to our Services and terminating the accounts of users who repeatedly infringe the intellectual property copyright rights of others upon prompt notification to us. If you believe that your work has been copied and posted on or through the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the necessary information at contact@puresoftltd.com.

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Dancx and each of our respective officers, directors, agents, partners and employees (individually and collectively, the “Dancx Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of our Services; (b) your User Content or Feedback; (c) your violation of this Agreement; (d) your violation, misappropriation or infringement of any rights of another; or (e) your conduct in connection with our Services.

We do not control, endorse or take responsibility for any User Content or third-party content available on or linked to by our Services. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DANCX AND THE OTHER DANCX PARTIES WILL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY—WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE—FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IF DANCX OR THE OTHER DANCX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL LIABILITY OF DANCX AND THE OTHER DANCX PARTIES, FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR OUR SERVICES, REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS OR USE OUR SERVICES.

To the fullest extent permitted by applicable law, you release Dancx and the other Dancx Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or related to disputes between users and the acts or omissions of third parties.

By accessing or using our Services, you acknowledge and, as applicable, consent to the processing, transfer and storage of information about you in and to the United States and other countries.

Please read the following section carefully because it requires users who are U.S. residents to arbitrate certain disputes and claims with Dancx and limits the manner in which you can seek relief from us. Except for small claims disputes, you and Dancx waive your rights to a jury trial and to have any dispute arising out of or related to this Agreement or our Services resolved in court. All disputes, claims, or requests for relief shall be resolved by confidential binding arbitration.

This Agreement and your access to and use of our Services will be governed by and construed and enforced in accordance with the laws of California, consistent with the Federal Arbitration Act.

By accessing or using the Services, you also consent to receive electronic communications from Dancx (e.g., responses to your requests, questions and feedback, announcements, updates, and security alerts through a push notification or by posting notices on our Services).

We reserve the right, without notice and in our sole discretion, to terminate your right to access or use our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

If any provision or part of a provision of this Agreement is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the “App”) developed by Apple Inc. (“Apple”). You acknowledge that this Agreement is concluded solely between us, and not with Apple, and Dancx, not Apple, is solely responsible for the App and the content thereof.

Users may not download, use, export or re-export any materials or Content (including User Content and Dancx Content) posted or submitted on or through the Dancx Services in violation of any applicable laws or regulations.

The Dancx Services may include fee-based subscriptions giving you access to enhanced levels of Dancx Services. A Dancx Fee-Based Subscription is sold to an individual Dancx user, and you may not share that subscription with anyone else. The paid subscription to these Dancx Services is based on an auto-renewal basis.

The Services are controlled and operated from the United States. We make no representation that content, materials or products available on or through the Services are appropriate or available for use in other locations.