Terms of Use
Please read these terms and conditions carefully before using Our Service.
These Terms of Use constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you") and Dancefit Global Limited (“we", “us",“our", or “DanceFit”) concerning your access to and use of the www.dancefit.app website and the DanceFit application as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site" and the “Related Apps").
DanceFit is a distributed application that will be running on the Blockchain, using specially-developed smart contracts (the “Smart Contracts”) to enable users to dance, create, share, transfer, trade, mint, and etc. It also enables users to own and transfer other digital assets such as Clothing NFT and Pass NFT. These assets can then be visualized on an application that the user can interact with. The Smart Contracts, the Site and the Related Apps are collectively referred to in these Terms as the “App”. By using the App, users can manage their assets and use the Smart Contracts to play and trade with other App users.
The information on the App are not intended for distribution or to be used by any person or entity in any jurisdiction or country where such distribution or use would be violations of any law or regulation, or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, any persons who choose to access the App at the cost of breaking their local laws are doing it on their own initiative and should be solely responsible for compliance of local laws, to the extent local laws are applicable.
Information on the App is not, under any circumstance, financial advice. The Company nor any of its affiliates will or shall provide financial advice in any form.
Our product is intended for users who are at least 18 years old. People under the age of 18 are not permitted to any form of using or registering for the App.
ACCEPTANCE OF THESE TERMS
We are only willing to make the App available to you if you accept all of these Terms of Use. By using the App, or any other related official DanceFit product, you are confirming that you have read, understood, and agreed to be bound by all of these Terms of Use. If you do not agree and/or accept all of these Terms of Use, then you are expressly prohibited from using the App and you must discontinue the use of the App immediately.
CHANGES TO THESE TERMS
Supplemental terms and conditions or additional documents that may be publicized on the App from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make any type of changes or modifications to these Terms of Use at any time and for any reason. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the “Last Updated” date at the top of these Terms, which reflect the effective date of such Terms. You will be subjected to and deemed as having awareness and acceptance of the changes in any revised Terms of Use by continuing to use the App after the above mentioned notification and update.
1. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the App is our proprietary property and all source codes, databases, functionality, softwares, website designs, audios, videos, texts, photographs, and graphics on the App (collectively, the “Content"), trademarks, service marks and logos contained therein (the “Marks") are owned, controlled by us, or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and competition laws of the British Virgin Islands, applicable foreign jurisdictions and international conventions.
Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the App, you are granted a limited license to access and use the App or to download or print a copy of any portion of the Content to which you have properly gained access solely to your personal and non-commercial use. We reserve all rights not expressly granted to you in the App, the Content, or the Marks.
Provided that you own, or get permission from someone who owns an DanceFit asset, you are granted a limited license to create fan-art which can be used commercially, provided that you follow the terms set herein:
i) Fan artwork must not use official DanceFit assets (the DanceFit logo, DanceFit logo, DFIT logo, etc.), but creating derivative non-commercial official DanceFit assets as inspiration is acceptable.
ii) The artwork must clearly state “DanceFit Fanart”, link to https://dancefit.app, and link directly to the DanceFit that is being used for inspiration.
iii) A DanceFit NFT can be used to generate a maximum of $10,000 in revenue before an official license agreement has to be signed. The revenue can come from either fanart (tokenized or physical) or merchandise (t-shirts, mugs, hoodies, etc.).
Creating original fanart without monetizing is acceptable without any license or ownership.
2. USER REPRESENTATIONS
By using the App, you represent and warrant that:
i) All registration information you submit will be true, accurate, current, and complete;
ii) You will maintain the accuracy of such information and promptly update such registration information as necessary;
iii) You have the legal capacity and you agree to comply with these Terms of Use;
iv) You are not a minor in the jurisdiction in which you reside;
v) You fully understand and have experience of tokens, cryptocurrencies, NFTs, and any other digital assets, as well as of blockchain-based infrastructures and services;
vi) You fully understand the risks associated with the trading or holding of tokens, cryptocurrencies, NFTs, and any other digital assets as well as the mechanics related to the use of such tokens, cryptocurrencies, and digital assets (including with respect to their storage and exchange);
vii) You will not access the App through automated and non-human means, whether through a bot, script, or otherwise.
viii) You will not use the App for any illegal and unauthorized purpose;
ix) Your use of the App will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your accounts and refuse to approve any action regarding any current or future use of the App (or any portion thereof);
x) You (a human being) will only use one in-game account to earn tokens in any 24-hour period;
xi) You, as a DanceFit NFT owner, are responsible for the actions of any "scholars" (players using any DanceFit NFT you own) that play on your behalf, and that their actions can have consequences for any connected accounts that you own;
xii) You will not manipulate the energy system, such as gifting DanceFit NFT to make use of more energy (This goes under multi-accounting);
xiii) You have not been included in any trade embargoes or economic sanctions list (such as United Nations Security Council sanctions list), the list of specially designated nationals maintained by OFAC (the Office of Foreign Assets Control of the U.S. department of the Treasury), or the denied persons or entity list of the U.S. department of Commerce;
xiv) DanceFit or third-party providers we work with, may store the IP address you use to access the site;
By accessing and/or using the App, you acknowledge that, tokens, cryptocurrencies, NFTs, and any other digital assets, are extremely volatile and shift quickly in terms of, among others, liquidity, market depth and other characteristics. There is no guarantee against losses for accessing and/or using the App in correlation with digital assets.
You further represent and warrant that you are not entering into transactions that are beyond your financial abilities and that you are aware of the risks related to tokens, cryptocurrencies, NFTs, and any other digital assets, for which you are solely responsible and liable for.
You acknowledge and agree that any digital asset distributed by DanceFit does not have a promise or guarantee of value in any form.
Dancefit Global Limited reserves the right to choose which markets and jurisdictions to conduct its business and may restrict or refuse, at its sole discretion, the provision of DanceFit services in certain countries or regions.
3. USER REGISTRATION
You may be required to register or connect with a wallet address with the App. You agree to keep your password (if any) confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
4. WALLETS AND DIGITAL ASSETS
DanceFit allows its users to access and manage digital blockchain-based assets (“Digital Assets”). Your Wallet, Digital Assets, and cryptocurrencies are completely in your own control. You are the one and only one responsible for manipulating your fund to perform any transfers of Digital Assets. We cannot interfere with any of your Digital Assets storage and transactions from your wallets in any case.
DanceFit does not maintain any blockchain wallets. You hereby acknowledge and agree that DanceFit has no liability for or control over the safety, suitability, quality, delivery, legality, or other aspects of any of your Digital Assets. To the maximum extent allowed by law, DanceFit accepts no liability for any losses suffered by you with regards to losing access to your account or wallet.
5. PROHIBITED ACTIVITIES
You may not access or use the App for any purpose other than those for which we make the App available. The App may not be used in connection with any commercial activities except if agreed to in a binding legal contract with Dancefit Global Limited.
The prohibited activities with regards to the App include, but are not limited to：
Systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without written approval from us.
Make any unauthorized use of the App, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use a buying agent or purchasing agent to make purchases on the App.
Use the App as assets to advertise or offer to sell goods and services not relating to Dancefit Global Limited.
Circumvent, disable, or otherwise interfere with security-related features of theApp, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the App and/or the Content contained therein.
Trick, defraud, or mislead other users and us, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, or create interruption on theApp, the networks, or services related to the App.
Attempt to impersonate another user or person, or use the username of another user.
Sell or transfer your game account.
Use any information obtained from the App in order to harass, abuse, or harm another person.
Use the App as part of any effort to compete with us or otherwise use the App and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the App.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the App.
Harass, intimidate, or threaten any of our employees or agents engaged in providing any portion of the App to you.
Remove the copyright or other proprietary rights notice from any content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the App.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“GIFs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “PCMs”).
Except as may be the result of standard search engines or Internet browser usage, using, launching, developing, or distributing any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the App, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harming, at our sole discretion and opinion, us and/or the App.
Use the App in a manner inconsistent with any applicable laws or regulations.
Engage in any practice that aims to manipulate the outcome of any action on the App, whether in the game mode, battle mode, short-video watching, or ranking. All players should play to the best of their abilities and any sort of match-fixing, win-trading, or colluding between competitors is strictly prohibited.
Using the same NFTs across multiple accounts to qualify for multiple ranking rewards is strictly prohibited.
6. FEE AND PAYMENT
Any purchases (buying NFTs, trading NFTs) you make, accept, or facilitate using the Blockchain will be entirely at your own risk. You expressly indemnify us and hold us harmless for any losses you may incur by transacting or facilitating transactions through the Blockchain. Any financial transactions that you engage in will be conducted solely through the Blockchain via a designated wallet and specific currency. We will have no insight into or control over these payments or transactions, nor do we have the ability to reverse any transactions. With that in mind, we will have no liability to you or to any third party for any claims or damages that may arise as a result of any transactions that you engage in via the App, or any other transactions that you conduct via the Blockchain.
The Blockchain requires the payment of a transaction fee (a “Gas Fee”) for every transaction that occurs. The Gas Fee funds the network of computers that run the decentralized network.
In addition to the Gas Fee, each time you use the Smart Contract to conduct a transaction with another user via the App, you authorize us to collect a commission of the total value of that transaction (each, a “Commission”). You acknowledge and agree that the Commission will be transferred directly to us through the Blockchain Network as a part of the transaction.
As between us, you will be legally responsible to pay any types of sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority (collectively, “Taxes”) associated with your use of the App (including, without limitation, any Taxes that may become payable as the result of your ownership, transfer, or minting of any of your NFTs).
7. SUBMISSION
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the App (“Submissions") provided by you to us are non-confidential and should eventually become our sole properties.
We should own exclusive rights, including all intellectual property rights, and should be entitled to the unrestricted use and dissemination of these Submissions to any lawful purpose, commercial, or otherwise, without acknowledgment or compensation for you. You hereby waive any moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there should be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
You also should be aware of the discretion of any content-related you submit to the App. Everything that poses a violation against the laws and regulations will be completely removed without notification.
8. THIRD-PARTY WEBSITE AND CONTENT
Third-party websites are other websites that the App links you to.
The Site and/or the App (or you may be sent via the Site and/or the App) links to other websites (“Third-Party Websites") as well as articles, photograph, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site and/or the App, or any Third-Party Content posted on, available through, or installed from the Site and/or the App, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us.
If you decide to leave the Site and/or the App and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk and you should be aware of these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site and/or the App or relating to any applications you use or install from the Site and/or the App.
Any purchase you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products and services offered on Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products and services.
Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
9. TERMINATION
These Terms of Use remain in full force and effect while you use the App. We reserve the right and are able to conduct the following actions as of our own sole discretion and without informing you of any notice or liability: deny access, or/and ban your wallet address from using the App (including blocking IP Addresses) to any person for breach of any presentation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation. We may terminate your use or participation in the App or delete your account without warning, at our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or a borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating and suspending your account, we reserve the right to take appropriate legal action, including, without limitation, pursuing civil, criminal, and injunctive redress.
10. GOVERNING LAW
This Terms of Use and your use of the App are governed by and constructed in accordance with the laws of the British Virgin Islands applicable to agreements made and to be entirely performed in the British Virgin Island, without regard to its conflicts of law principles.
11. DISPUTE RESOLUTION
11.1 Informal negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute" and collectively, the “Disputes") brought by either you or us (individually, a “Party" and collectively, the “Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating the arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
11.2 Binding Arbitration
If a Party is unable to resolve a Dispute through informal negotiations, the Disputes (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules"), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitration compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, we will pay all the arbitration fees and expenses. Except where otherwise required by the applicable AA rules or applicable law, the arbitration can take place in the British Virgin Islands. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in the British Virgin Islands, and the Parties hereby consent to and waive all defenses of lack of personal jurisdiction, and forum non-conveniens with respect to venue and jurisdiction in such state and federal courts.
In no event shall any Dispute brought by either Party related in any way to the App be commenced more than one (1) year after the cause of the action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
11.3 Exceptions to the Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provision concerning informal negotiations and binding arbitration:
(a) any Dispute seeking to enforce or protect, or concerning the validity of, and of the intellectual property rights of a Party,
(b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and
(c) any claim for injunctive relief. If this provision is found to be illegal and unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed or jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
12. DISCLAIMERS
You expressly understand and agree that your access to and use of the App are at your sole risk, and that the App are provided “as is” and “as available” without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we, our subsidiaries, affiliates, and licensors make no express warranties and hereby disclaim all implied warranties regarding the App and any part of it (including, but not limited to, the Site, any Smart Contracts, or any external websites), including the implied warranties of merchantability, fitness for a particular purpose, non-infringement, correctness, accuracy, or reliability. Without limiting the generality of the foregoing, we, our subsidiaries, affiliates, and licensors do not represent or warrant to you that:
i) Your access to or use of the App will meet your requirements.
ii) Your access to or use of the App will be uninterrupted, timely, secure, or free from error.
iii) Usage data provided through the App will be accurate.
iv) The App or any content, services, or features made available on or through the App are free of viruses or other harmful components.
v) Any data you disclose when you use the App will be secured. Some jurisdictions do not allow the exclusion of implied warranties in contracts with consumers, so some or all of the above exclusions may not apply to you.
You accept the inherent security risks of providing information and dealing online over the Internet and agree that we have no liability or responsibility for any breach of security unless it is due to our gross negligence.
We will not be responsible or liable to you for any losses you incur as the result of your use of the Blockchain, including but not limited to any losses, damages, or claims arising from:
i) User error, such as forgotten passwords or incorrectly construed smart contracts or other transactions;
ii) Server failure or data loss;
iii) Corrupted wallet files;
iv) Unauthorized access or activities by third parties, including but not limited to the use of viruses, phishing, brute-forcing, or other means of attack against the App, Blockchain network, or all kinds of electronic wallets.
NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.) are intangible digital assets that exist only by virtue of the ownership record maintained on the Blockchain. All Smart Contracts are conducted and occur on the decentralized ledger within the Blockchain network. Dancefit Global Limited has no control over and makes no guarantees or promises with respect to the Smart Contract. DanceFit is not responsible for losses due to the blockchains or any other features of the Blockchain. Including but not limited to late reports by developers or representatives (or no report at all) of any issues with the blockchain, including forks, technical node issues, or any other issues having fund losses as a result.
13. LIMITATION OF LIABILITY
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which you may have, howsoever caused and under any theory of liability, including, but not limited to, any loss of profits (both directly and indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
You agree and acknowledge that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the App, whether in contract, tort, strict liability, or any other legal theory, is absolute zero liability.
You agree and acknowledge that we have made the App to you and entered into these terms in reliance upon the warranty disclaimers and limitations of liability set forth herein, which reflect a reasonable and fair allocation of risks between the parties and form an essential basis of the bargain between us. We would not be able to provide the App to you without these limitations.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, and some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so the above limitations may not apply to personal injury claims.
In no event will DanceFit, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for any loss or damages, including without limitation, direct, indirect, special, consequential, or punitive loss or damages, arising from or related to Your use of the App whether in an action of contract, tort or otherwise, and regardless of whether such damages were foreseeable and whether or not DanceFit was advised of the possibility of such damages.
Without limiting the generality of the foregoing, DanceFit takes no responsibility for and will not be liable for any financial or other loss or damages arising from or related to the use of the App, including, without limitation, to any of the following:
i) Delays, interruption or loss of services;
ii) Technical failure, malfunction or shutdown;
iii) Server failure, hacks or unavailability;
iv) Data loss;
v) Corrupted data on DanceFit’s servers;
vi) Failure to update or provide correct information;
vii) “Phishing” or other WebSite or Applications masquerading as DanceFit;
viii) Stolen, lost, or unauthorized use of your means of authorization;
ix) Loss of business or goodwill.
The Site or the App supports or is integrated with third party services. DanceFit takes no responsibility for any third-party services and will not be liable for any loss or damages caused by such third-party services.
The Site or the App is provided on an “as is” and “as available” basis without any representation or warranty of any kind, whether express or implied, to the maximum extent permitted by applicable laws. DanceFit disclaims any implied warranties of title, merchantability, fitness for a particular purpose and/or non-infringement.
14. ASSUMPTION OF RISK
You accept and acknowledge each of the following:
i) The prices of blockchain assets are extremely volatile. Fluctuations in the price of other digital assets could materially and adversely affect the value of your NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.), which may also be subject to significant price volatility. We cannot guarantee that any purchasers of NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.) will not lose money.
ii) You are solely responsible for any taxes apply to your NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.) - related transactions, according to your own country’s or region’s tax rules. DanceFit is not responsible for determining the taxes that apply to your transactions on the App.
iii) The App does not store, send, or receive NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.). This is because NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.) exists only by virtue of the ownership record maintained on the App’s supporting blockchain. Any transfer of NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.) occurs only on the Blockchain.
iv) There are risks and limitations associated with using an Internet-based currency, including, but not limited to, the risk of hardware, software and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to information stored within your wallet. You accept and acknowledge that DanceFit will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Blockchain.
v) A lack of use or public interest in the creation and development of distributed ecosystems could negatively impact the development of the DanceFit ecosystem, and therefore the potential utility or value of NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.).
vi) The regulatory regime governing blockchain technologies, cryptocurrencies, and tokens is uncertain, and new regulations or policies may materially adversely affect the development of the DanceFit ecosystem, and therefore the potential utility or value of NFT (Clothing NFT, Pass NFT, Ornament NFT, etc.).
vii) If you find that the video on our platform belongs to your copyright, please contact the platform and provide relevant proof, we will delete it within 24 hours after verification.
vii) If anyone report the content against our rules such as nudity or sexual activity, hate speech or symbols, false information, bullying or harrassment, scam or fraud, violence or danger, etc, we will verify and delete the content and block user account within 24 hours without any further notice.
15. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by third party due to or arising out of:
I. Use of the Site.
II. Breach of these Terms of Use.
III. Any breach of your representations and warranties set forth in these Terms of Use.
IV. Your violation of the rights of a third party, including but not limited to intellectual property rights.
V. Or any overt harmful act toward any other use of the App with whom you connected via the App.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action or proceeding which is subject to this indemnification upon becoming aware of it.
16. USER DATA
We will maintain certain data that you transmit to the App for the purpose of managing the performance of the App, as well as data relating to your use of the App. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that release to any activity you have undertaken using theApp. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
17. MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the App, or in respect to the App constitute the entire agreement and understanding between you and us.
Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.
If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, and unenforceable, that provision or part of the provision is deemed severable these Terms of Use and does not affect the validity and enforceability of any remaining provisions.
There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.
You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
Last Updated: March 13th, 2023
Last updated