Rhythmism.com Terms of Agreement
1. GENERAL RULES AND DEFINITIONS
1.1 If you choose to use the Rhythmism.com service (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Service Agreement (the ³Agreement² or ³SA²) between you and Rhythmism.com.
1.2 Rhythmism.com may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, and/or send them to you via e-mail.
1.3 Your use of the Service will confirm your agreement to these terms and conditions as well as your acceptance of the changes we make to the SA. In addition, when using particular Rhythmism.com services subject to this Agreement, you and Rhythmism.com shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are incorporated by reference into the SA.
1.4 IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE UNACCEPTABLE TO YOU, YOU MAY CANCEL YOUR REGISTRATION BY SENDING E-MAIL TO: SUPPORT@Rhythmism.COM (SEE SECTION 9.1 REGARDING TERMINATION OF SERVICE). YOUR CONTINUED USE OF THE SERVICE NOW, OR FOLLOWING THE POSTING OF NOTICE OF ANY CHANGES IN THESE OPERATING RULES, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES, CHANGES, OR MODIFICATIONS.
1.5 Rhythmism.com may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature, database, or content. Rhythmism.com may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.
2. USE OF THE SERVICE
2.1 You agree that you will not use the Service or the information obtained through the Service without prior consent by a Rhythmism agent (including without limitation, directory or event listings):
a. for solicitations, commercial or otherwise unless in designated areas;
b. for incorporation into a commercial product or service;
c. to download directory listings or other information by using any type of automated means;
d. for the purposes of soliciting, offending or harassing any person or persons;
e. to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way: (i) are unlawful, harmful, threatening, harassing, tortious, defamatory, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry.
f. harm minors in any way;
g. impersonate any person or entity, including, but not limited to, a Rhythmism.com agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
h. provide 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);
i. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
k. intentionally or unintentionally violate any applicable local, state, national or international law.
2.2 You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. CONTENT AND USER SUBMISSIONS
3.1 You understand that all information, data, text, messages, postings, events, flyers or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Rhythmism.com, are entirely responsible for all Content that you upload, post, or otherwise transmit via the Service. If you have included information available through the Service then you are responsible for making modifications or updating information to the extent there are errors or updates are required. Rhythmism.com does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable to you. Under no circumstances will Rhythmism.com be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content (for example, if an event posted on Rhythmism.com is listed on the wrong date, place, or time), or for any loss or damage of any kind incurred as a result of the use of any Content posted, or otherwise transmitted via the Service.
3.2 The Content of the Rhythmism.com service is intended for your personal, noncommercial use. You shall abide by all copyright notices, information, or restrictions contained in any Content accessed through the Service. You may download or copy the Content and other downloadable items displayed on the Service for personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Rhythmism.com.
3.3 By transmitting bulletin board postings, e-mail, messages, suggestions, ideas, or concepts (each, a "Submission"), whether unsolicited or solicited, to the Company you are granting the Company a royalty-free, nonexclusive, perpetual, unrestricted, worldwide license to publish, transmit, perform, display and otherwise use the Submission for any purpose, including, but not limited to, advertising and promotional purposes. No credit or compensation is due to you for such use. The Company also has the right, but not the obligation, to use your name, city and state in connection with broadcast, print, online or other use or publication of your submission. All submissions become the property of the Company and may be edited for use.
4. FORUMS AND DISCUSSIONS
4.1 You shall not upload to, distribute, or otherwise publish on the message boards (the "Forums") any libelous, defamatory, abusive, or otherwise illegal material.
4.2 Respect the Community. You agree that you will not threaten or verbally abuse other discussion board users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam," i.e., no "trolling."
4.3 Use respectful language. Like any community, the Forums flourish only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference/orientation, dancing abilities/styles, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Service.
4.4 Debate and discuss, but don't attack. We're a community full of opinions and preferences, and people will always disagree. Please respect each other. Rhythmism.com encourages active discussions and welcomes heated debate in our Forums. But personal attacks are a direct violation of this Agreement and are grounds for immediate and permanent suspension of access to all or part of the Service.
4.5 You are solely responsible for the content of your messages. However, while Rhythmism.com does not and cannot review every message posted by you on the Forums and is not responsible for the content of these messages, Rhythmism.com reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
4.6 You acknowledge that any submissions you make to the Service (e.g., news items, event notices, flyers, discussion board posts and replies) may be edited, removed, modified, published, transmitted, and displayed by Rhythmism.com and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you.
4.7 The Rhythmism.com administrators reserve the right to reveal your identity (or whatever information we know about you) in the event of a complaint or legal action arising from any message posted by you.
5. ACCESS AND AVAILABILITY OF SERVICE AND LINKS
5.1 Rhythmism.com contains links to other related World Wide Web sites, resources, and sponsors of Rhythmism.com. Since Rhythmism.com is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.
6. REPRESENTATIONS AND WARRANTIES
6.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material. You hereby indemnify, defend and hold harmless Rhythmism.com, and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Rhythmism.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
6.2 Rhythmism.com does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through the Service by any user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.
7. REGISTRATION AND SECURITY
7.1 As part of the registration process, you will select a password and a user ID. You also have to give us certain registration information, all of which must be accurate and updated. (a) You may not (i) select or use a user ID of another person with the intent to impersonate that person; (ii) use a user ID to which another person has rights without such person's authorization; or (iii) use a user ID that Rhythmism.com, in its sole discretion, deems offensive or inappropriate. Failure to comply with the foregoing shall constitute a breach of this Agreement. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Rhythmism.com.
7.2 (a) You shall notify support@Rhythmism.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
7.3 You are responsible for all usage or activity on your Rhythmism.com account, including use of the account by any third party authorized by you to use your user ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Rhythmism.com's sole discretion, and Rhythmism.com may refer you to appropriate law enforcement agencies.
8. COMMUNICATIONS BETWEEN Rhythmism.COM AND USERS
8.1 Rhythmism.com reserves the right to send electronic mail to you for the purpose of informing you of events and changes or additions to the Service.
8.2 Rhythmism.com reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance. For more information please read the Privacy Statement of Rhythmism.com.
9. TERMINATION
9.1 You may terminate your account at any time by sending e-mail to: support@Rhythmism.com.
9.2 Rhythmism.com may, in its sole discretion, terminate or suspend your access to all or part of the Service for any reason, including, without limitation, breach or assignment of this Agreement.
10. MISCELLANEOUS
10.1 This Agreement has been made in and shall be construed and enforced in accordance with New York law, without regard to its conflict of laws principles. Any action to enforce this agreement shall be brought in the federal or state courts located in New York City.
10.2 Notwithstanding any of the foregoing, nothing in this Subscriber Agreement will serve to preempt the promises made in Rhythmism.com Privacy Notice.
February 2, 2004
