Conscious Dancer - "movement for a better world"

1. ACCEPTANCE

Moving Arts Inc. ("Conscious Dancer International/CDI") provides its service ("Service") to you, subject to the following Terms of Service ("TOS"). The TOS tell you what you can expect from the Service, and what CDI expects of you. CDI may amend the TOS at any time by posting an amended TOS on our website. The TOS may not be otherwise amended except in a writing signed by you and CDI.

2. REGISTRATION OBLIGATIONS

You must register for a membership in order to access the Service. When completing the registration form, you will provide true, accurate, and complete information, and maintain and promptly update this information. If you provide any information that is untrue, inaccurate, or incomplete, or CDI has reasonable grounds to suspect that the information is untrue, inaccurate, or incomplete, CDI has the right to suspend or terminate your membership and access to the Service. You are responsible for obtaining access to the Service, which access may involve third party fees (such as Internet service provider charges). In addition, you must provide and are responsible for all equipment necessary to access the Service. You will receive a password and login name upon completing the registration process. You are responsible for maintaining the confidentiality of your password and login name, and are responsible for all activities that occur with your password and login name, including fees incurred and all purchases made by your membership on the Service. This means that, unless your password and login name, or credit card information is obtained unlawfully or fraudulently, you will be responsible for all fees incurred and purchases made by your membership. You will immediately notify CDI of any unauthorized use of your membership or any other breach of security.

3. MEMBERSHIP, FEES

Individuals may obtain a membership with the Service without paying a fee. Companies will be required to pay for a membership with the Service. In addition, CDI will charge fees to access certain components of the Service. If you must pay a fee to access a component of the Service, this information will be posted by CDI on the Service. You may use a credit card to pay these fees. When you provide credit card information to CDI, you represent to CDI that you are the authorized user of the credit card. Some fees may be monthly. For these recurring fees, CDI will charge your credit card each month. You must promptly notify CDI of any changes to your credit card number, its expiration date, and your billing address, and you must promptly notify CDI if your credit card expires or is canceled. CDI reserves the right to change its fees or billing methods. If any change is unacceptable to you, you may cancel your membership, but CDI will not refund any fees that may have accrued to your membership before you cancel it. CDI may also charge you for any sales or use taxes to which the Service is subject.

4. SUBSCRIPTIONS

As a member of the Service you may submit URLs of news feeds. CDI does not pre-screen news feeds, but CDI will have the right in their sole discretion to remove any feed that violates the TOS. You understand that the content of each news feed is the sole responsibility of the creator of the feed. CDI does not control the news feeds and does not guarantee the accuracy, integrity, or quality of the feeds.

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6. PROHIBITED USES

You agree that you will not: a. impersonate any person, including a CDI employee or agent on the Service; b. violate any local, state, or national law through or on the Service; c. harass people through or on the Service; d. collect or store data about other people using the Service; e. use any device, software or routine to interfere or attempt to interfere with the proper working of the Service; f. take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service; g. use the Service in any manner other than as expressly authorized in the TOS; h. use any robot, spider, other automatic device, or manual process to monitor or copy any content on the Service; or i. reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

7. OWNERSHIP AND RESTRICTIONS

The license granted in these TOS does not constitute a transfer or sale of CDI ownership rights in the CDI Database. CDI retains all right, title, and interest in and to the CDI Database including all related intellectual property rights. You will use your best efforts to prevent and protect the contents of the CDI Database from unauthorized use or distribution. You must not rent, lease, sublicense, sell, assign, loan, distribute, transmit, or otherwise transfer any content of the service, including the CDI Database, or your rights and obligations pursuant to the TOS. You must not copy, reproduce, alter, modify, create derivative works, or publicly display any content of the Service, including the CDI Database, unless expressly authorized in the TOS.

8. CHILDREN

CDI policy is to prohibit children under the age of 13 from purchasing, accessing, registering, or using any of CDI products and services. You may not register or use the Service if you are under 13 years old. By registering, installing, and accepting these TOS you represent to CDI that you are at least 13 years old.

9. BLOGLINES PRIVACY POLICY

Certain registration information and other information about you may be collected by CDI and through the Service. CDI use of this information is governed by the CDI Privacy Policy, available at:

http://www.ConsciousDancer.com

10. USER WARRANTY

You represent and warrant to CDI: (a) that you have full power, authority, and legal capacity to enter into the Agreements and follow its obligations, and if you are registering on behalf of a company or other entity, you have the authority to bind your principal or employer company; (b) you will provide complete and accurate information to CDI, including, but not limited to your Recommendations; (c) the charges incurred by you will be honored by your credit card company; and (d) you will pay all charges that you incur at CDI then-current rates;

11. INDEMNITY

You will indemnify and hold CDI, and its subsidiaries, affiliates, officers, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of the TOS, or your violation of any rights of a third party.

12. MODIFICATIONS TO SERVICE

CDI reserves the right at any time to modify or discontinue, temporarily or permanently, the Service or any part of it with or without notice. CDI will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.

13. TERMINATION

You have the right to terminate or cancel your membership at any time. You understand and agree that the cancellation of your membership or a particular component of the Service is your sole right and remedy with respect to any dispute with CDI. This includes, but is not limited to, any dispute related to or arising out of: (a) any term of the TOS or CDI enforcement or application of the TOS; (b) any policy or practice of CDI, including the Privacy Policy, or CDI enforcement or application of these policies; (c) the data available through the Service; (d) your ability to access and use the Service; or (e) the amount or type of fees, surcharges, applicable taxes, and any CDI billing methods. CDI, in its sole discretion, may terminate your membership and remove and discard any of your Recommendations without notice if CDI believes that you have violated or acted inconsistently with the TOS. CDI will not be liable to you for termination of your membership to the Service. Sections 7, 8, 9, 11, 12, 13, 17, and 18 will survive the termination of the TOS and your membership.

14. LINKS

The Service may provide links to third party web sites. CDI has no control over these sites and is not responsible for their availability, does not endorse them, and is not responsible or liable for any content, goods, or services available from these sites. CDI will not be responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any content, goods, or services available through these sites.

15. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CDI EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT RELATED TO THE SERVICE. ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES OR LOSS OF DATA OR EMAIL THAT RESULTS FROM YOUR USE OF THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BLOGLINES OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

16. LIMITATION OF LIABILITY

CDI WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF CDI HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL BLOGLINES'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU TO BLOGLINES IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THE TOS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

17. TRADEMARK INFORMATION

Conscious Dancer, the Conscious Dancer logo, and other Conscious Dancer logos, products and service names are trademarks of Conscious Dancer. You must not display or use them in any manner.

18. ARBITRATION

Any legal controversy or legal claim arising out of or relating to the TOS or the Service, excluding legal action taken by CDI to collect fees or recover damages for, or obtain an injunction relating to, CDI intellectual property or the Service, will be settled by binding and final arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any controversy or claim will be arbitrated on an individual basis, and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Contra Costa County, California, and judgment on the arbitration award may be entered into any court having jurisdiction. Either you or CDI may seek any interim or preliminary relief from a court of competent jurisdiction in Contra Costa County, California necessary to protect the rights or property of you or CDI pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and costs up to $1000.00.

19. GENERAL INFORMATION

CDI may provide notices to you pursuant to the TOS through email, regular mail, or by displaying conspicuous notices or links to notices to you on the Service. The TOS constitutes the entire agreement between you and CDI and governs your use of the Service, superseding any prior agreements between you and CDI. You also may be subject to additional terms and conditions that may apply when you use other CDI products or services. The TOS and the relationship between you and CDI will be governed by the laws of the State of California, without regard to its conflict of law provisions. You consent to the jurisdiction of the state and federal courts located in Contra Contra County, California. The failure of CDI to exercise or enforce any right or provision of the TOS will not constitute a waiver of the right or provision. If any provision of the TOS is found to be invalid, the other provisions of the TOS will remain in full force and effect. Any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after the claim or cause of action arose or be forever barred.