Terms of Service

Below is an overview of our Terms of Service for our “Application” which means any application or service we offer. The Terms of Service includes information about your legal rights and covers areas such as limitations of liability, resolution of disputes by mandatory arbitration rather than a judge or jury in a court of law, and a class action waiver.

Your Relationship with Dancecard

By using our Application, you are agreeing to our Terms of Service. The Terms of Service are a legally binding agreement between you and Dancecard.

If you break the rules, we may suspend or terminate your account.

Using our Application can involve physically meeting people in-person and partaking in activities in the real world, which can sometimes lead to unexpected situations. We can’t control what happens in the real world, and we are not responsible for it. You should use common sense and good judgment when interacting with others.

Your Content and Content of Others

You are responsible for your “Content”, which means any information, material, or other content posted to our Application. Your Content must comply with our Terms of Service, which includes the Usage and Content Policies.

We do not own the Content that you post. However, we do require that you provide us a license to use this Content in order for us to operate, improve, promote, and protect Dancecard and our Application for the benefit of you and others.

We are not responsible for Content that members post or the communications that members send using our Application. We generally don’t review Content before it’s posted. If you see Content that violates our Terms of Service, you may report inappropriate Content to us.

Our Application

We try hard to make sure that our Application is always available and working, but we cannot guarantee it will be. Occasionally things may not go exactly as planned. We apologize in advance for any inconvenience.

We are continually improving our Application. This means that we may modify or discontinue portions of our Application.

By using our Application, you agree to the limitations of liability and release in our Terms of Service. You also agree to resolve any disputes you may have with us in the manner described in the Terms of Service. You agree to mandatory arbitration and waive your right to seek relief from a judge or jury in a court of law. Claims can only be brought individually, and not as part of a class action.

Last Updated: 9/18/24

Our Terms of Service contain important information about your legal rights. It is important for you to read the language in each section carefully.

1. This Agreement

Summary: You agree to follow some basic rules when using Dancecard’s Application. These rules are described in these Terms of Service, including the related policies and guidelines discussed below. We may change these rules.

1.1 The Agreement. Dancecard enables you and other members to arrange offline, real-world meetings if inclined. The terms “Dancecard,” “we,” “us,” and “our” include Dancecard, Inc. We use the terms “you” and “your” to mean any person using our Application. We use the word “Application” to mean any application, or service offered by Dancecard, including content we offer and electronic communications we send. We provide our Application to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document together with our Usage and Content Policies. Your use of the Application signifies that you agree to this Agreement. If you are using the Application for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our Application.

1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will publish the most current version and revise the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a notice on our Application. By continuing to use the Application after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.

2. Your Account and Membership

Summary: You need to be at least 18 years old to use our Application. Dancecard users control the Content of their Dancecard profiles. However, we may remove any Content you post or terminate your account at any time.

2.1 Eligibility. Our Application is available to anyone who is at least 18 years old. You represent that you are at least 18.

2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the Application if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Dancecard community, or to protect our brand or Application. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email support@dancecardinc.com if you believe the modification, suspension, or termination has occurred in error.

A member has the ability to moderate or manage their profile on our Application and also has the ability, in his or her sole discretion, to terminate your access to their profile.

2.3 Account Information and Security. When you register, you provide us with some basic information, including an email address and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at support@dancecardinc.com.

2.4 License to the Dancecard Application and Services. Subject to your compliance with this Agreement, Dancecard grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Application in order to access and use the services and features that we make available to you.

3. Your Content and Privacy

Summary: You are responsible for the Content you post on our Application or send to us. You give us a license to use this Content to operate, improve, promote, and protect Dancecard and our Application. Our Privacy Policy explains how we collect and use information you provide about yourself and the information that may be associated with you, and explains the limited ways we may share this information.

3.1 Your Content. You are responsible for the Content that you post to the Application or otherwise provide to Dancecard. We use the word “Content” to mean the information, material, and any other content that you post to the Application or otherwise send to us. Examples of your Content include:

The material that members typically post to the Application, such as personal details on a member’s profile, messages, and photos;

All feedback, suggestions, and other communications that you send or direct to Dancecard.

By being responsible for your Content, you agree, among other things, that:

You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the Application and to Dancecard;

Your Content does not include personal, private or confidential information belonging to others; and

Your Content does not otherwise violate the rights of any individual or entity.

You also agree that you and your Content comply with this Agreement, including our Usage and Content Policies. You also agree that we may remove the metadata associated with your Content.

3.2 Content License from You. We do not claim ownership of your Content. However, to enable us to operate, improve, promote, and protect Dancecard and our Application, and to ensure we do not violate any rights you may have in your Content, you hereby grant Dancecard a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your Content and to commercialize and exploit the copyright, trademark, publicity, and database rights you have in your Content. This license would permit your Content to remain on the Application, even after you cease to be a member of the Application.

3.3 Privacy. Dancecard collects registration and other information about you through our Application. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as other members of Dancecard’s Application.

4. Your Use of Our Application

Summary: We require that you follow our policies and guidelines when using our Application. We have no responsibility for Content that anyone posts to our Application.

4.1 Our Policies, Guidelines and Applicable Laws. When you use our Application, we require that you follow the Usage and Content Policies. You also agree to comply with all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.

In addition, your access to and use of some areas or features of the Application may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Application areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that Application area or feature, unless otherwise specified in the Additional Terms.

When the Application uses third party services to provide certain features and services for our members, our members may be required to comply with the terms of service that apply to these features and services. For example, some areas of our Application feature mapping services. When you use these mapping services on the Application, you agree to be bound by the Additional Terms of Service.

If you do not comply, we may modify, suspend, or terminate your account or access to the Application, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email support@dancecardinc.com if you believe the modification, suspension, or termination has occurred in error.

4.2 Content of Others. Dancecard does not control the Content of other members. When we become aware of inappropriate Content on our Application, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.

4.3 Interactions with Others. Dancecard is not a party to any offline arrangements made through our Application. Dancecard does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Dancecard makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

4.4 Prohibited Uses of the Application. Our Application contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the Application, or any portion of the Application; (b) remove or alter the proprietary notices on the Application; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the Application; and (d) rent, lease, resell, distribute, or use the Application for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the Application to solicit or collect (i) personal data from others or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that 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 that you are not listed on any U.S. government list of prohibited or restricted parties.

4.5 Application Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the Application for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the Application or its systems.

You agree to use, retain, and otherwise process personal data collected from the Application in accordance with applicable laws, rules, and regulations.

4.6 Application Modifications. We work hard to continuously improve our Application. This means that we may modify or discontinue portions or all of our Application with or without notice and without liability to you or any third party.

4.7 Third Party Sites and Services. The Application contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our Application.

5. Release

Summary: To the full extent permitted by applicable law, you agree not to hold us responsible for anything that happens related to transactions with third parties, or member interactions.

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, affiliates, sponsors, and other third-party partners ( “Dancecard Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, or your interactions with other members. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You acknowledge that some activities or meetings carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these activities, you understand and agree that you have freely chosen to assume these risks.

6. Indemnification

Summary: To the full extent permitted by applicable law, you agree to reimburse us if we get sued in connection with your use of our Application.

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Dancecard Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our Application, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in the application or a meeting with another member that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Dancecard Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

7. Warranty Disclaimer and Limitation of Liability

Summary: Our Application is provided to you “as is” and we make no warranties of any kind with respect to our Application. Our liability in connection with the Application is limited to the fees you paid to us in the 12 months preceding the claim or $100, whichever is greater.

7.1 Warranty Disclaimer. Our Application is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our Application, (b) any information, advice, services, or goods obtained through or advertised on our Application or by us, as well as for any information or advice received through any links to other websites or resources provided through our Application, (c) the results that may be obtained from the Application, and (d) the correction of any errors in the Application, (e) any material or data obtained through the use of our Application, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our Application. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.

7.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Dancecard Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Dancecard Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our Application or this Agreement or the inability to use our Application (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the Application, (c) your use of our Application, or (d) any other matter relating to the Application. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 7 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

8. Dispute Resolution

Summary: If you have a dispute with Dancecard, you agree to try to work it out directly with us first. If we can’t work it out, with limited exceptions, you must submit any dispute with us to a neutral arbitrator instead of taking the claim to a court of law. Claims can only be brought individually, and not as part of a class action. Members based in the European Union may have additional or different rights, as provided by applicable law. Dancecard has no obligation to get involved with any disputes you have with other members, although we may try to facilitate a resolution.

8.1 Informal Resolution. Before making any claim, you and Dancecard agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 8 to mean any dispute, claim or controversy arising out of or relating to your use of our Application or this Agreement. You or Dancecard may initiate this process by sending written notice according to Section 10.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, Dancecard may bring a claim in accordance with this Section 8. Members based in the European Union may have additional or different rights, as provided by applicable law.

8.2 Exceptions. You or Dancecard may assert claims, if they qualify, in small claims court in any U.S. county where you live or work. You or Dancecard may seek injunctive relief from a court of competent jurisdiction as necessary to protect the intellectual property rights of you or Dancecard pending the completion of arbitration. Dancecard may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, Application operations, or unauthorized use of our Application or intellectual property. Nothing in this Section 8 shall diminish Dancecard’s right to modify, suspend or terminate your account or access to our Application under Section 2.2.

8.3 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at support@dancecardinc.com within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Dancecard account, and a clear statement that you want to opt out of arbitration. This opt-out does not affect any other sections of this Agreement, such as Sections 8.2 (Exceptions), 8.4 (Class Action Waiver), 10.5 (Governing Law), 10.6 (Judicial Forum), and 10.7 (Time for Filing).

8.4 Class Action Waiver. You agree to resolve disputes with Dancecard on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

8.5 Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against Dancecard in your Member State and to invoke certain local laws against Dancecard. The European Commission provides for an online dispute resolution Application.

9. Intellectual Property

Summary: If you use Dancecard’s trademark, be sure to not infringe on our intellectual property. Also, don’t infringe on anyone else’s intellectual property. If you believe your intellectual property is being infringed somewhere on the Dancecard Application, please send an email to support@dancecardinc.com.

9.1 Intellectual Property of Dancecard. Dancecard trademarks, logos, service marks, and service names are the intellectual property of Dancecard. Our Application, including our material on the Application, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.

9.2 Intellectual Property of Others. Dancecard respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our Application to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please email support@dancecardinc.com.

10. General Terms

10.1 Translation. This Agreement was written in English. If there is any inconsistency between the English version and a translated version, the English language version controls.

10.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by email to support@dancecardinc.com. Any notice to you shall be given to the most current email address in your account.

10.3 Entire Agreement. This Agreement, including the Usage and Content Policies, constitutes the entire agreement between you and Dancecard, superseding any prior agreements between you and Dancecard on such subject matter.

10.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Dancecard is intended or created by this Agreement. A member of the Dancecard Application is not Dancecard's representative or agent, and may not enter into an agreement on Dancecard’s behalf.

10.5 Governing Law. This Agreement and the relationship between you and Dancecard shall be governed by the laws of the State of Colorado without regard to its conflict of laws provisions, except as provided in Section 8.

10.6 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 8.4, you and Dancecard agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in New York County, New York, and you and Dancecard agree to venue and personal jurisdiction in those courts.

If you are a member based in the European Union, you may bring judicial proceedings against us arising from or in connection with this Agreement in your country of residence. In addition, for members based in the European Union, the European Commission provides for an online dispute resolution Application.

10.7 Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law. This clause does not apply to you if you are based in the European Union.

10.8 Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Dancecard’s prior written consent, but may be assigned or transferred by us to any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Dancecard’s assets, or similar transaction.

10.9 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

10.10 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Dancecard nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

10.11 Termination. If we terminate your account or access to our Application, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section 10.12 will survive such termination.

10.12 Survival. Sections 3.2 (Content License from You), 3.3 (Privacy), 5 (Release), 6 (Indemnification), 7 (Warranty Disclaimer and Limitation of Liability), 8 (Dispute Resolution), and 10 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

10.13 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The information in “Terms of Service Overview” section is also for convenience only and has no legal or contractual effect.

10.14 Violations. Please report any violations of this Agreement by a member or third party by sending an email to support@dancecardinc.com.