Poetry Dances

Poetry Dances Service Agreement

1. Definitions.
"Poetry Dances" is the interactive on-line service operated by FanStory.com, Inc. ("FanStory.com") on the World Wide Web of the Internet, consisting of information services and content provided by Poetry Dances, FanStory.com, affiliates of Poetry Dances and other third parties. "Subscriber" means each person who establishes or accesses a connection ("Account") for access to and use of Poetry Dances.

2. General.

Poetry Dances shall have the right at any time to change or discontinue any aspect or feature of Poetry Dances, including, but not limited to, content, hours of availability, and equipment needed for access or use.

3. Changed Terms.
Poetry Dances shall have the right at any time to change or modify the terms and conditions applicable to Subscriber's use of Poetry Dances, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Poetry Dances, or by electronic or conventional mail, or by any other means by which Subscriber obtains notice thereof. Any use of Poetry Dances by Subscriber after such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.

4. Equipment.
Subscriber shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of Poetry Dances and all charges related thereto.

5. Subscriber Conduct.

(A) Subscriber shall use Poetry Dances for lawful purposes only. Subscriber shall not post or transmit through Poetry Dances any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Poetry Dances's express prior approval, contains advertising or any solicitation with respect to products or services. Subscriber may create and use one account. Any conduct by a Subscriber that in Poetry Dances's discretion restricts or inhibits any other Subscriber from using or enjoying Poetry Dances will not be permitted. Subscriber shall not use Poetry Dances to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Poetry Dances.

(B) Poetry Dances contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of Poetry Dances are copyrighted as a collective work under the United States copyright laws. Poetry Dances owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Subscriber may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Subscriber may download copyrighted material for Subscriber's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Poetry Dances and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Subscriber acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

(C) Subscriber shall not upload, post or otherwise make available on Poetry Dances any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with Subscriber. Subscriber shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of Poetry Dances, Subscriber automatically grants Poetry Dances non-exclusive rights to display the work on Poetry Dances. Subscriber grants Poetry Dances the right to edit, copy, and distribute any material made available on Poetry Dances by Subscriber. Subscriber retains copyright.

(D) The foregoing provisions of Section 5 are for the benefit of Poetry Dances, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.

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