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Terms of Use

Date of Last Revision: March 25, 2009

Welcome to I AM LINDY HOP, a website to share stories and mark Lindy Hop history. I AM LINDY HOP and all its services (collectively, the "Site" or "Website") is operated by Ben Yau and Sheri Yau (collectively, "us", "our, "we", or "the Company"). By accessing or using this Site, you and other users of this website (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of I AM LINDY HOP. We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.

Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.

The following describes the terms on which you may have access to I AM LINDY HOP and its services and membership. If you have any questions about this Agreement, please contact us.

1. Eligibility

Membership and use of the Site is void where prohibited. The Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to the Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms of Use. By using the Service or the Site, you represent and warrant that you are 13 or older and that you agree to and to abide by all of the terms and conditions of this Agreement.

2. Posting of User Content On the Website; Member Representations and Warranties

Registered Users of the Site may upload their photos, material, and information ("User Content") in their profile which will be displayed publicly which any other User the Site may access. You are responsible for all your User Content you post on the Site. You may not post on the Site any material or photo that (a) is obscene or contains child pornography or is harmful to minors in any way; (b) is offensive, defamatory, libelous, false or misleading, threatening, harassing, abusive or hateful; (c) violates the privacy or publicity rights of others; or (d) violates the property rights, including copyright and trademark rights, of others. You are responsible for insuring that any material or photo you post does not infringe on the property rights, including copyright, trademark, patent or trade secret rights, of any third party. You represent and warrant that any material or photo you post on this site does not infringe on the property rights, including copyright, trademark, patent, or trade secret rights, of any third party.

You represent and warrant to us and the Site that: (a) you are the owner of any material or photo you post on the Site and this site or, if you are not the owner of such material or photo, (i) you have the copyright owner's express, written permission to post the material or photo on the Site and this site and (ii) the owner has expressly granted you the right to grant the license to us and the Site set forth in Section 3 below; (b) any such photo is of yourself, or a minor you are responsible for, or a person who has given you express permission to post the photo on the Site and this site and has waived any and all of his/her privacy and publicity rights with respect to the photo; and (c) all information and materials you post or submit for posting are truthful and accurate.

We and the Site may, in its sole discretion, refuse to post any material or photo you submit on the Site, and edit, delete, or inactivate any such material or photo for any reason, including but not limited to perceived copyright infringement or photos or material that contain questionable adult content.

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

3. Ownership; Limited License Grant

Ben Yau and Sheri Yau (collectively, "us", "our, "we", or "the Company") own and operate I AM LINDY HOP and its services (the "Site"). The Site, including but not limited to text, images, graphics, logos, icons and audio clips (the "Content") are the property of I AM LINDY HOP, Ben Yau, and Sheri Yau . The Site and the Content are protected by U.S. and international copyright and trademark laws and treaties. Except as expressly provided in this Agreement, you may not use, copy, download, display, publish, perform, distribute, transmit, modify, make derivative works of, reverse engineer, disassemble or commercially exploit the Content without our express, written consent.

Notwithstanding the foregoing, we and the Site do not claim any ownership right in any materials or photos that you, any other user or any Member posts on the Site or this site. You hereby grant (and, if you are not the owner of the material or photo, you hereby represent and warrant that you are authorized in writing by the owner of the material or photo to grant) us and the Site a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and sublicensable right and license to use, copy, download, publicly distribute, modify and make derivative works of any materials and photos you post and have posted on the Site to publicly display the material and photo and any modification or derivative work thereof.

4. Control Over Posted Materials and Photographs

We do not control the material or photos posted by you, other users or Members on the Site. Though we will do our best to review material posted, we do not have any obligation to monitor any material or photos posted on the Site. You may find other users' or Members' materials or photos to be offensive, harmful, inaccurate, or deceptive.

We reserve the right at any time to delete or modify your profiles as we see necessary. This includes your photo, your content, and/or the location in the collage that you have picked.

We will investigate any complaints that posted material or photos violate these Terms of Use.

5. User and Member Information and Photographs

We own any demographical and statistical information you provide through your use of the Site, including any information regarding your use of the Internet and this Site. Subject to the terms of our Privacy Policy, we reserve the right to reproduce and use such information for its own marketing or other purposes. Such information will not be sold or otherwise provided to any third party without your consent.

6. Indemnification

You agree to indemnify, defend and hold harmless us and I AM LINDY HOP and any others involved in creating the Site and Content from and against any and all claims, actions, liabilities, costs and expenses arising out of (a) your breach of any provision of this Agreement; (b) your breach of any representation or warranty you provide herein; (c) your posting on the Site of any material or photo; (d) your use of the Site and the services of this site; (e) use of this site by others; or (g) otherwise arising in any way out of your use of the Site or the services of this site. You shall cooperate fully in any defense of such claim. We and I AM LINDY HOP reserves the right to take exclusive control over the defense of any such claim.

7. Trademark

All trademarks, service marks and trade names appearing on the Site are the property of their respective owners.

8. Links to Third Party Websites

This Site may include links to other Internet Sites. By providing such links, we and I AM LINDY HOP do not necessarily endorse nor recommend and is not liable for any such Sites or any content, information, advice, products, services or prices therefor contained on or accessible through such Sites. Your access and use of any such third party Sites and their content, information, advice, products or services is solely at your own risk. You agree that we and I AM LINDY HOP will not be liable or responsible for any such third party Sites or their content, information, advice, products, services or any price, price discrepancy or price change therefor.

9. Warranty Disclaimer

You expressly agree that your use of the Site, Content, and the services of this site is at your sole risk. THE WEBSITE, CONTENT, SERVICES ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, AND BEN YAU, SHERI YAU, AND I AM LINDY HOP EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. WE AND I AM LINDY HOP DO NOT GUARANTEE THE ACCURACY OF ANY INFORMATION PROVIDED ON THE WEBSITE, OR WARRANT THAT THE FUNCTIONS AVAILABLE ON THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT OPERATION OF THE WEBSITE WILL BE ACCURATE, UNINTERRUPTED OR ERROR-FREE. I AM LINDY HOP IS NOT LIABLE FOR ANY LOSS, DAMAGE, OR DELETION OF ANY PHOTO OR FILES STORED ON OR TRANSMITTED TO OR FROM THE WEBSITE.

10. Limitation of Liability

WE AND I AM LINDY HOP SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, AND WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, CONTRACT OR OTHERWISE, ARISING AS A RESULT OF: (A) THIS AGREEMENT; (B) YOUR USE OF THE WEBSITE, CONTENT, OR SERVICES; OR (C) UNAVAILABILITY, INACCURACY, LOSS OR DELETION OF THE WEBSITE, CONTENT, OR SERVICES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, INABILITY TO USE THE WEBSITE, CONTENT, SERVICES, DATA LOSS, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER PECUNIARY LOSS), EVEN IF YOU HAVE NOTIFIED I AM LINDY HOP IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.

11. Termination

We and I AM LINDY HOP reserve the right to terminate this Agreement at any time for any reason whatsoever and to revoke your membership in I AM LINDY HOP and your access to the Site, Content, services and this site without prior notice to you.

12. Applicable Law and Consent to Jurisdiction

This Agreement will be governed by and in accordance with the laws of the State of California, USA without regard to its conflicts of law provisions. You agree to submit to the personal jurisdiction of the courts of California, USA for any cause of action arising out of or relating to this Agreement.

13. Shortened Statute of Limitations

You agree to file any cause of action arising out of or relating to this Agreement and your rights and obligations hereunder in California, USA, within one year after the cause of action arises. You agree that any action filed after this date is barred.

14. Right to Change Agreement

We reserve the right to change this Agreement at any time. We will post a notice of any change to this Agreement on the Site. Your continued use of the Site after any such change is made constitutes acceptance of and agreement to be bound by the terms of the Agreement as modified. Only we can modify the terms and conditions of this Agreement and/or the Credit Schedule.

15. Severability

If any provision of this Agreement is held to be illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

16. Privacy

We care about the privacy of our users as viewable in our Privacy Policy. By using the Site or the Service, you are consenting to have your personal data transferred to and processed in the United States.

17. Entire Agreement

This Agreement constitutes the entire agreement between you and us and I AM LINDY HOP and supersedes all proposals and other communications made between the parties, written or oral. This Agreement can only be modified as stated in Section 14 above.




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