WEB SITE TERMS AND CONDITIONS

Welcome to the Poledance Superstar website available at "www.polesuperstar.com" and other related websites (collectively, the “Site”) owned and operated by Poledance Superstar LLC (“Poledance Superstar”). Please read this agreement carefully before using this Site.  By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information, and/or submitting your personal information to Poledance Superstar, you agree to and are bound by the terms, conditions, policies and notices contained on this page (these “Terms”), including, but not limited to, conducting this transaction electronically, disclaimers of warranties, damage and remedy exclusions and limitations, and a choice of New York law. 

Poledance Superstar Content

Content on this Site that is provided by Poledance Superstar or its licensors, including certain art work, graphics, photographs, images, screen shots, text, music, digitally downloadable files, video clips, trademarks, logos, product and character names, slogans, and the compilation of the foregoing ("Poledance Superstar Content") is the property of Poledance Superstar and its licensors, and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.

You agree not to download, display or use any Poledance Superstar Content located on the Site for use in any publications, in public performances, on websites other than this Site for any other commercial purpose, in connection with products or services that are not those of Poledance Superstar, in any other manner that is likely to cause confusion among consumers, that disparages or discredits Poledance Superstar and/or its licensors, that dilutes the strength of Poledance Superstar’s or its licensor's property, or that otherwise infringes Poledance Superstar’s or its licensor's intellectual property rights. You further agree to in no other way misuse any Poledance Superstar Content or third party content that appears on this Site.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please go to our Proprietary Rights Complaint Process and follow the instructions at that area. 

Posting User Content

From time to time on certain areas of our Site, you may be able to submit certain materials, including, without limitation, photos, biography information, videos, online video links and website links ("User Content").  By using these features, you agree that you will not to post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Poledance Superstar; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; that you will not impersonate any person or organization, including without limitation, the personnel of Poledance Superstar, or misrepresent an affiliation with another person or organization; you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or feature of the Site.  You further understand and agree that you have no ownership rights in materials you submit to us, to any account you may have with us, or other access to the Site or features therein.  Poledance Superstar may cancel your account and delete all User Content associated with your account at any time, and without notice, if Poledance Superstar deems that you have violated these Terms, the law, or for any other reason.  Poledance Superstar assumes no liability for any User Content or other information removed from our Site, and reserves the right to permanently restrict access to the Site or a user account.

You must be twenty-one years of age or older to submit any User Content for publication on the Site.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you hereby grant to Poledance Superstar a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, create derivative works based on, publicly perform, publicly display, reproduce, transmit, broadcast and distribute such User Content on the Site and through any other media and platforms known or hereinafter developed, without the requirement to make payment to you or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media and platforms known or hereinafter developed, such as for use on mobile phones, in video or music software computer programs.

By displaying, publishing, or otherwise posting any User Content on or through the Site, you further hereby irrevocably waive any and all rights of privacy or publicity, or other rights of a similar nature in connection with the commercial exploitation of the User Content, or any portion thereof, consistent with the terms of the foregoing license grant or any advertising or publicity relating thereto, and you consent to the use of your own name, any fictitious name, your likeness, performance, voice and identity for any and all purposes in any media now or in the future known.  You also consent to the use of your signature in connection with the above User Content.  You waive any right to inspect and/or approve any such use of the User Content.  You expressly release and hold harmless Poledance Superstar, its agents, employees, officers, directors and shareholders and those of its affiliates, customers, licensees, and those in contract with it of and from any and all claims, demands and liabilities by reason of their exercise of the rights granted by you under these Terms.  Poledance Superstar may alter, modify or combine the User Content with other works, and you hereby waive any claim that any version of the User Content portrayed consistent with the terms of the foregoing consent and license herein constitutes a distortion, mutilation or disparagement or contains unauthorized variations of the User Content.  You shall not have the right to approve or enjoin the use of the User Content or to rescind any right granted to Poledance Superstar hereunder.

You must have all necessary rights, licenses, waivers, releases, consents, covenants, and other permissions necessary to grant the rights, licenses, waivers, releases, consents, covenants and other permissions that you grant under these Terms.  If any User Content is not a work of your own original authorship, for example if your submission contains any third party music or other materials, you must have explicit written permission and all rights, licenses, waivers, releases, consents covenants and other permissions from the owner of the copyright or any other rights (including, without limitation, any rights of publicity or privacy) necessary to submit the User Content and grant to Poledance Superstar the rights, licenses, waivers, releases, consents, covenants and other permissions that you grant under these Terms before making the submission to Poledance Superstar. 

You represent, warrant and covenant that:  (1) you own all of the content submitted, displayed, published or posted by you on the Site or otherwise have obtained all necessary rights, licenses, waivers, releases, consents, covenants and other permissions to grant the license and other rights set forth herein; (2) any photo, video or other visual representation that you submit is of yourself; (3) all information and content you post or submit for posting are truthful and accurate; and (4) the displaying, publishing or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other intellectual property rights or other rights of any person or entity.  You are responsible for making sure you don't violate any copyright, trademark, trade secret, publicity, contract or other rights or the privacy of others, including the right to transmit any content you provide to the Site.  You agree to pay all royalties, fees and any other monies owing any person by reason of any content submitted, displayed, published or posted by you to the Site.

You agree to indemnify and hold Poledance Superstar, its parents, subsidiaries, officers, employees, and website contractors and each of their officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to your violation of these Terms or any violations thereof by your agents or dependents or which arises from the use of User Content you submitted, posted, or otherwise provided to Poledance Superstar or this Site.

Representations, and Limitations of Liability

Poledance Superstar makes no representations about the reliability of the features of this Site, the Content, third party content, User Content, or any other Site feature, and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Poledance Superstar makes no representations regarding the amount of time that any Content or User Content will be preserved.

Poledance Superstar does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Poledance Superstar without the prior review and written approval of Poledance Superstar.

THIS SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL POLEDANCE SUPERSTAR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL POLEDANCE SUPERSTAR BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND POLEDANCE SUPERSTAR’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

This Site may contain forward-looking statements that reflect Poledance Superstar's current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current market research, results of pending or future business activities, the stability of its commercial relationships, and the general economic conditions. Poledance Superstar intends to update this site on a regular basis but assumes no obligation to update any of the content.

Third Party Websites

This Site may hyperlink to sites not maintained or related to Poledance Superstar. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Site or Poledance Superstar, and Poledance Superstar makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third party site accessible from this Site is subject to the terms of that site's privacy policy, and Poledance Superstar has no control over how your information is collected, used, or otherwise handled.

Miscellaneous

Both you and Poledance Superstar acknowledge and agree that no partnership is formed and neither of you nor Poledance Superstar has the power or the authority to obligate or bind the other.

This Agreement will be governed by and construed in accordance with the internal laws of the State of New York without regard to conflicts of laws principles. By using this site, you hereby agree that any and all disputes regarding these Terms will be subject to the federal, state and local courts in New York, New York.  These Terms operate to the fullest extent permissible by law.

On certain areas of our Site, you may be given the ability to provide us with personally identifiable information. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Poledance Superstar to comply with the Terms of Service because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Poledance Superstar, shall not be deemed a breach of these Terms.

If Poledance Superstar fails to act with respect to your breach or anyone else's breach on any occasion, Poledance Superstar is not waiving its right to act with respect to future or similar breaches.

You acknowledge and agree that a breach or threatened breach of any covenant contained in these Terms would cause irreparable injury, that money damages would be an inadequate remedy and that Poledance Superstar shall be entitled to temporary and permanent injunctive relief, without the posting of any bond or other security, to restrain you, from such breach or threatened breach. Nothing in these Terms or this section shall be construed as preventing Poledance Superstar from pursuing any and all remedies available to it, including the recovery of money damages from you.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

These Terms constitute a binding agreement between you and Poledance Superstar, and is accepted by you upon your use of the Site or your account. These Terms constitutes the entire agreement between you and Poledance Superstar regarding the use of the Site and your account. By using the Site you represent that you are capable of entering into a binding agreement, and that you agree to be bound by these Terms.

We reserve the right, at our discretion, to change, modify, add, or remove portions of the Terms at any time. Please check these Terms periodically for changes. Your continued use of the Site after the posting of changes will mean you agree to abide by those changes. Please note that additional and/or different terms of use may apply to services provided through the Site, and you should refer to those before using such services.

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