Poetry Dances SERVICE AGREEMENT
"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.
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.
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
6. Disclaimer of Warranty; Limitation of Liability.
(A) SUBSCRIBER EXPRESSLY AGREES THAT USE OF Poetry Dances
IS AT SUBSCRIBER'S SOLE RISK. NEITHER Poetry Dances, ITS AFFILIATES
NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD
PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT Poetry Dances
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE
OBTAINED FROM USE OF Poetry Dances, OR AS TO THE
ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION,
SERVICE, OR MERCHANDISE PROVIDED THROUGH Poetry Dances.
(B) Poetry Dances IS PROVIDED ON AN "AS IS" BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH
ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER THE LAWS APPLICABLE TO THIS
(C) THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR
INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN
OPERATION OR TRANSMISSION, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD,
WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
SUBSCRIBER SPECIFICALLY ACKNOWLEDGES THAT Poetry Dances IS NOT
LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT
OF OTHER SUBSCRIBERS OR THIRD-PARTIES AND THAT THE RISK
OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH
(D) IN NO EVENT WILL Poetry Dances, OR ANY PERSON OR ENTITY INVOLVED IN
CREATING, PRODUCING OR DISTRIBUTING Poetry Dances OR
THE Poetry Dances SOFTWARE, BE LIABLE FOR ANY
DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES
ARISING OUT OF THE USE OF OR INABILITY TO USE Poetry Dances
SUBSCRIBER HEREBY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
(E) IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, Poetry Dances,
NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT
PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR
DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR
OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF,
THE INFORMATION CONTAINED WITHIN Poetry Dances, OR
FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION
THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING
THEREFROM OR OCCASIONED THEREBY. NONE OF THE
FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY
CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT
LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL
DAMAGES. PRIOR TO THE EXECUTION OF A STOCK TRADE,
SUBSCRIBERS ARE ADVISED TO CONSULT WITH YOUR BROKER
OR OTHER FINANCIAL REPRESENTATIVE TO VERIFY PRICING
OR OTHER INFORMATION. Poetry Dances, ITS AFFILIATES, INFORMATION
PROVIDERS OR CONTENT PARTNERS SHALL HAVE NO
LIABILITY FOR INVESTMENT DECISIONS BASED ON THE
INFORMATION PROVIDED. NEITHER, Poetry Dances, NOR ITS AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS WARRANT OR
GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR
COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE
ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE
USE OF THE INFORMATION.
Poetry Dances shall have the right, but not the obligation, to monitor the content
of Poetry Dances, including chat rooms, private messages, writing, and forums, to determine compliance with
this Agreement and any operating rules established by Poetry Dances and to satisfy any law,
regulation or authorized government request. Poetry Dances shall have the right in its sole
discretion to edit, refuse to post or remove any material submitted to or posted on
Poetry Dances. Without limiting the foregoing, Poetry Dances shall have the right to remove
any material that Poetry Dances, in its sole discretion, finds to be in violation of the provisions
hereof or otherwise objectionable.
Subscriber agrees to defend, indemnify and hold harmless Poetry Dances, its
affiliates and their respective directors, officers, employees and agents from and
against all claims and expenses, including attorneys' fees, arising out of the use of
Poetry Dances by Subscriber or Subscriber's Account.
Either Poetry Dances or Subscriber may terminate this Agreement at any time.
Without limiting the foregoing, Poetry Dances shall have the right to immediately terminate
Subscriber's Account in the event of any conduct by Subscriber which Poetry Dances, in its sole
discretion, considers to be unacceptable, or in the event of any breach by Subscriber of
this Agreement. The provisions of Sections 5(B), 5(C), 5(D), 6, 8, 10 and this Section
9 shall survive termination of this Agreement.
10. Third Party Content.
Poetry Dances is a distributor (and not a publisher) of content supplied by
third parties and Subscribers. Accordingly, Poetry Dances has no more editorial control over
such content than does a public library, bookstore, or newsstand. Any opinions,
advice, statements, services, offers, or other information or content expressed or made
available by third parties, including information providers, Subscribers or any other
user of Poetry Dances, are those of the respective author(s) or distributor(s) and not
of Poetry Dances. Neither Poetry Dances nor any third-party provider of information guarantees
the accuracy, completeness, or usefulness of any content, nor its merchantability
or fitness for any particular purpose. (Refer to Section 6 above for the complete
provisions governing limitation of liabilities and disclaimers of warranty.)
In many instances, the content available through Poetry Dances represents the
opinions and judgments of the respective information provider, Subscriber, or other
user not under contract with Poetry Dances. Poetry Dances neither endorses nor is responsible for the
accuracy or reliability of any opinion, advice or statement made on Poetry Dances
by anyone other than authorized Poetry Dances employee spokespersons while acting in their
official capacities. Under no circumstances will Poetry Dances be liable for any loss or damage
caused by a Subscriber's reliance on information obtained through Poetry Dances. It
is the responsibility of Subscriber to evaluate the accuracy, completeness or usefulness
of any information, opinion, advice or other content available through Poetry Dances. Please seek the advice of professionals, as appropriate, regarding the
evaluation of any specific information, opinion, advice or other content.
This Agreement and any operating rules for Poetry Dances
established by Poetry Dances constitute the entire agreement of the parties with respect to the
subject matter hereof, and supersede all previous written or oral agreements between
the parties with respect to such subject matter. This Agreement shall be construed in
accordance with the laws of the State of Georgia, without regard to its conflict of laws
rules. No waiver by either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default. The section headings
used herein are for convenience only and shall not be given any legal import.
FANSTORY, the FanStory logo, FANARTREVIEW, the FanArtReview logo, are registered trademarks of Poetry Dances, Inc. All rights reserved. All other trademarks appearing on Poetry Dances are the property of their respective owners.
There is no cost for using the basic services of Poetry Dances. Premium services are available via subscription or surcharges, and those areas will be clearly marked. Premier members (subscribers) can post up to two submissions per/day. Poetry Dances Member Dollars and Points have no cash value and are non-transferable
14. Copyrights and Copyright Agent.
Poetry Dances respects the rights of all copyright holders and in this regard, Poetry Dances has adopted and implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Poetry Dances's Copyright Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. ¤ 512:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party;
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Poetry Dances's Copyright Agent for notice of claims of copyright infringement on or regarding this site can be reached as follows:
For any questions or requests please contact Poetry Dances.