July 1, 2012

What the EULA should cover for DanceNEPA.com

Payment is on a yearly subscription

There are no refunds after 1 month of service

All data entry capabilities cease if payment for renewal is renewal is not received by anniversary date.

No bad entries

Unlimited number of entries but should only be dance events.

DanceNEPA End User License and Services Agreement July 2012

DanceNEPA End User License and Service Agreement

Thank you for selecting the Services offered by DanceNEPA.com and/or its subsidiaries and affiliates

(referred to as "DanceNEPA", "we", "our", or "us"). Review these Terms of Service ("Agreement")

thoroughly. This Agreement is a legal agreement between you and DanceNEPA.com. By accepting

electronically (for example, clicking "I Agree"), installing, accessing or using the Services, you

agree to these terms. If you do not agree to this Agreement, then you may not use the Services.

A. GENERAL TERMS

1. YOUR RIGHTS TO USE THE SERVICES

1.1 The Services are protected by copyright, trade secret, and other intellectual property laws. You

are only granted the right to use the Services and only for the purposes described by DanceNEPA.com.

DanceNEPA.com reserves all other rights in the Services. Until termination of this Agreement and as

long as you meet any applicable payment obligations and comply with this Agreement, we grant to

you a personal, limited, nonexclusive, nontransferable right and license to use the Services.

1.2 You agree not to use, nor permit any third party to use, the Services or content in a manner that

violates any applicable law, regulation or this Agreement. You agree you will not:

Provide access to or give any part of the Services to any third party.

Reproduce, modify, copy, deconstruct, sell, trade or resell the Services.

Make the Services available on any file-sharing or application hosting service.

By clicking "ACCEPT", User indicates that it has read and understood, and assents to be bound by, the terms of this Agreement. If the person clicking on the "ACCEPT" button is an individual working for User ("Agent"), such person is agreeing to the terms and conditions of this Agreement on behalf of User and certifies that he/she is an Agent of User and has all necessary authority to act on your behalf, including to bind User to the terms and conditions of this Agreement.

If User does not agree to the terms of the Agreement, User is not granted any rights whatsoever in the Software. If User is not willing to be bound by these terms and conditions, User should not click on the "ACCEPT" check box, and may not access or otherwise use the Software or Services.

2. SUBSCRIPTION

The Service is licensed on a yearly subscription basis.

2.1 Termination by User.

User may notify us to cancel the subscription prior to the beginning of

each Renewal Term. Your rights to use the Service will be terminated by DanceNEPA.com immediately and without notice if we do not receive timely payment in accordance with this Agreement.

2.2 Transfer of Agreement.

The agreement can be transferred to another person or entity only if such license has not been activated.

Once validated, and a company is created, the Software will not work by another entity. Even if you stop using the Software, we have fulfilled your subscription term.

3. PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless we

notifify you otherwise electronically. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

a. Payments will be billed to you in U.S. dollars, and your account service will begin when you

subscribe and payment is received.

b. You must pay with one of the following:

1. Sufficient funds in a checking account to cover payment due;

2. By another payment option we provide to you in writing.

c. If your payment and registration information is not accurate, current, and complete and you

do not notify us promptly when such information changes, we may suspend or terminate your

account and refuse any use of the Services

d. If you do not notify us of updates to your payment method (e.g., credit card expiration date),

to avoid interruption of your service, we may participate in programs supported by your card

provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment

information, and you authorize us to continue billing your account with the updated

information that we obtain.

e. We will notify you prior to expiration of the yearly subscription at which point it is

your responsibility to renew or discontinue the service. Failure to communicate desired

subscription renewal will result in suspension of services. No future events will be added.

Existing events will continue to be communicated via the system

f. Additional cancellation or renewal terms may be provided to you on the website for the

Services.

4. USE WITH YOUR MOBILE DEVICE

Use of these Services may be available through a compatible mobile device, may require Internet access and/or additional software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

DanceNEPA MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

(i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;

(ii) ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION

SERVICES; AND

(iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY

DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

5. YOUR PERSONAL INFORMATION.

You can view DanceNEPA’s Privacy Statement provided with the Services and on the website for the Services.

You agree to the applicable DanceNEPA Privacy Statement, and changes published by DanceNEPA. You agree that DanceNEPA may use and maintain your data according to the DanceNEPA Privacy Statement, as part of the Services. You also give DanceNEPA permission to aggregate your non-personally identifiable data which you enter or upload with that of other users of the Services. For example, this means that DanceNEPA may use that aggregated data to improve services, design promotions, or provide ways for you to compare business practices with other users.

6. CONTENT

6.1 You are responsible for your content. You are responsible for all materials ("Content") uploaded,

posted or stored through your use of the Services. Archive your Content frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information and disclosures. We are not responsible for the Content or data you submit through the Services.

You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

a. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful,

harassing, offensive, inappropriate or objectionable information or communications of any

kind, including without limitation conduct that would encourage "flaming" others, or criminal

or civil liability under any local, state, federal or foreign law;

b. Content that would impersonate someone else or falsely represent your identity or

qualifications, or that constitutes a breach of any individual’s privacy;

c. Except as permitted by us in writing, investment opportunities, solicitations, chain

letters, pyramid schemes, other unsolicited commercial communication or engage in

spamming or flooding;

d. Virus, trojan horse, worm or other disruptive or harmful software or data; and

Any information, software or Content which is not legally yours and without permission from

the copyright owner or intellectual property rights owner.

6.2 DanceNEPA may freely use feedback you provide. You agree that we may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant DanceNEPA a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to DanceNEPA in any way.

6.3 DanceNEPA may monitor your Content. DanceNEPA may, but has no obligation to, monitor content on the Services. We may disclose any information necessary to satisfy our legal obligations, protect us or its customers, or operate the Services properly. DanceNEPA, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

7. ADDITIONAL TERMS

7.1 You will manage your passwords and accept updates. You are responsible for securely managing your password(s) for the Services and to contact DanceNEPA if you become aware of any unauthorized access to your account. The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.

7.2 We may tell you about other DanceNEPA services. You may be offered other services, products, or promotions by DanceNEPA ("DanceNEPA Services"). Additional terms and conditions and fees may apply.

With some of our Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet. You grant DanceNEPA permission to use information about your business and experience to help us to provide the DanceNEPA Services to you and to enhance the Services. You grant DanceNEPA permission to combine your business data, if any, with that of others in a way that does not identify you or any individual personally. You also grant DanceNEPA permission to share or publish summary results relating to research data and to distribute or license such data to third parties.

7.3 We may tell you about third party products or services. Subject to the DanceNEPA Privacy Statement, DanceNEPA may offer products and services on behalf of third parties who are not affiliated with DanceNEPA ("Third Party Products") or the Services may contain links to third party websites ("Third Party Sites").You agree that DanceNEPA can use your contact information, including name and address, for the purpose of offering these products to you in accordance with your stated DanceNEPA contact preferences. If you decide to use any Third Party Products or access any Third Party Sites, you are responsible for reviewing the third party’s separate product terms, website terms and privacy policies, and paying any fees, if any, associated with the Third Party Products or Third Party Sites. You agree that the third parties, and not DanceNEPA, are responsible for their product’s performance and the content on their websites. DanceNEPA is not affiliated with these Third Party Products or Third Party Sites and has no liability for them. DanceNEPA reserves the right to terminate access to any interoperability between the DanceNEPA Services and Third Party Products without refunds or credits to you.

8. DISCLAIMER OF WARRANTIES

8.1 YOUR USE OF THE SERVICES, SOFTWARE, AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DANCENEPA, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY,"SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT

THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE SERVICES. DANCENEPA AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION.

IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.

8.2 DANCENEPA, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

9. LIMITATION OF LIABILITY AND INDEMNITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ENTIRE LIABILITY OF DANCENEPA, ITS AFFILIATES AND SUPPLIERS FOR ALL CLAIMS RELATING TO THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO SUCH CLAIM. SUBJECT TO APPLICABLE LAW, WE,

ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET OUR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF DANCENEPA AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF DANCENEPA, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE.

You agree to indemnify and hold DanceNEPA and its Affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your

use of the Services or breach of this Agreement (collectively referred to as "Claims"). DanceNEPA

reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense

and control of any Claims. You agree to reasonably cooperate as requested by DanceNEPA in the defense of any Claims.

10. CHANGES.

We reserve the right to change this Agreement at any time, and the changes will be effective when posted through the Services, on our website for the Services or when we notify you by other means. We may also change or discontinue the Services, in whole or in part. Your continued use of the Services indicates your agreement to the changes.

11. TERMINATION.

DanceNEPA may immediately, in its sole discretion and without notice terminate this Agreement or suspend the Services if you fail to comply with this Agreement or if you no longer agree to receive electronic communications. Upon termination you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect our rights to any payments due to it. DanceNEPA may terminate a free account at any time. Sections 2.2, 3 through 14 will survive and remain in effect even if the Agreement is terminated.

12. GOVERNING LAW.

State law governs this Agreement without regard to its conflicts of laws provisions. You agree

to the exclusive jurisdiction of state courts in your state’s federal court. We do not represent that the Services are appropriate or available for use in all countries. You are accessing the Services on your own initiative and you are responsible for compliance with all applicable laws.

13. GENERAL.

This Agreement, including the Additional Terms below, is the entire agreement between you and DanceNEPA and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. You cannot assign or transfer ownership of this Agreement to anyone without written approval of DanceNEPA. However, DanceNEPA may assign or transfer it without your consent to (a) an affiliate, (b) a company through a sale of assets by DanceNEPA or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact DanceNEPA via an email to: [email protected].

14. PRIVACY STATEMENT

DanceNEPA.com does not distribute information to third parties.