Terms of Use PDF Print
Updated January 15, 2008

1. General Terms of Service and Guidelines

Next Generation Swing Dance Club (the “Club”) welcomes you. The terms and conditions of this Use Agreement ("UA") apply to web sites and interactive services owned or operated by the Club (individually the "Service"; together the "Services"). The UA applies to each visitor to and user of the Services, including unregistered and registered users and paying subscribers (individually "User" and collectively, "Users"). By visiting or using the Services you are agreeing to abide by the UA.

The Club may change the UA at any time and the changes will become effective 15 days after posting the revised UA (the "Effective Date"). You can review the most current version of the UA at any time at www.nextgenswingdance.com. You are responsible for checking periodically for changes and your continued use of the Club Services after the Effective Date indicates your acceptance of the new UA.
2. The Club Services

A. Service Changes and Discontinuation. Our Services provide you with access to a rich collection of online communication tools. Some Services are presently provided free of charge and others require payment via membership. The Club reserves the right to change or to discontinue temporarily or permanently the Services at any time without notice. You agree that the Club will not be liable to you or any third party for any modification or discontinuance of the Services.

B. Service Limitations. We work hard to make your experience enjoyable. However, we cannot always anticipate technical or other operational difficulties which may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that the Services, including the services of our third-party service providers, are provided "AS IS" and "AS AVAILABLE". Neither the Club nor our third-party service providers assume responsibility for the timeliness, deletion, mis-delivery or failure to store any data, communications or personalization settings. Please refer to Section 4 below for full details.

C. Privacy Policy. The CLUB respects your privacy and has developed a detailed Privacy Policy that is incorporated into this UA. Please take the time to read our Privacy Policy which is available at www.nextgenswingdance.com . As a User of the Services, you are accepting the terms of our Privacy Policy.

D. Posting User Content; No Endorsement of User Content. You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Services (collectively, "Post"). "User Content" means User-Posted content or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; and software. You may Post only User Content which you own, have created or which you have clear permission to Post. You acknowledge and agree that the Club does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that the Club does not pre-screen User Content, and has no obligation to do so, but that the Club and its designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any User Content that is posted on or through the Services.

E. Third Party Sites. The Services may provide you with opportunity links or other opportunities to use certain sites, services, products, applications or content offered by or through the Club’s third-party providers, including but not limited to content and ecommerce providers (collectively "Third-Party Services"). Your use of any Third-Party Services is subject to any terms of service or conditions of use associated with the Third-Party Services. The Club does not control Third-Party Services and is not responsible for any Third-Party Services or for the contents thereof, including, without limitation, any links that may be contained in or accessible through Third-Party Services. The Club does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree you are wholly responsible for making your own independent judgment regarding your use or interaction with Third-Party Services.

3. General Rules
For the benefit of the entire Club community, and to comply with applicable laws, we have certain general rules, which the Club will construe in its sole discretion. Because violation of these rules may be grounds for immediate termination of your right to use the Services or other actions by the Club, you should carefully read and follow them.

A. Limitations on Use. Your use of the Services are subject to all applicable local, state, provincial, federal and international laws and regulations. You agree the data accessed through the Services will be distributed consistent with any confidentiality or other agreements by which you are bound. You agree not engage in any of the following: (i) use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, data scrape, copy or transfer any part of the Services or the Registration Data or other data of any User (whether individually or in the aggregate); (ii) probe, scan or test the vulnerability of the Services, or breach the security or authentication measures on the Services; (iii) reverse look-up, trace or seek to trace any information on any other User of the Services, including any Club account not owned by you, to its source, or exploit the Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Services; (iv) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services; (v) use any device, software or routine to interfere or attempt to interfere with the proper working or authorized uses of the Services or with any other person's use of the Services; (vi) forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send on or through the Services; and (vii) impersonate any other individual or entity or misrepresent your identity or your affiliation with another individual or entity.

B. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in the Services registration forms (the "Registration Data"). You agree to update the Registration Data to keep it current and accurate.

C. Obey the Law. You agree not to use the Services for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (e.g., untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyright (e.g., rights of an owner or authorized user of material) or other intellectual property rights of others.

D. Downloads. Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and the Club will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Services or our third party service providers will create any warranty not expressly stated.

4. Other Legal Stuff

A. Disclaimer of Warranties. You expressly understand and agree that:

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CLUB, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS (COLLECTIVELY, THE "THE CLUB PARTIES") EXPRESSLY DISCLAIM 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.

THE CLUB PARTIES MAKE NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, (V) THAT YOUR MESSAGES, DATA OR INFORMATION, IN WHATEVER FORM OR MEDIUM, WILL NOT BE LOST, AND (VI) ANY ERRORS WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ANY THE CLUB PARTY, OR THROUGH OR FROM THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE UA.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, LIABILITY OF THE CLUB PARTIES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. To the extent that any part of this section is not consistent with any other part of the UA, then this Disclaimer of Warranties will override it.

B. Limitation of Liability. YOU AGREE THAT THE CLUB PARTIES WILL NOT BE LIABLE TO YOU 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 THE CLUB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR INABILITY TO USE THE SERVICES; (II) THE COST OF GETTING SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY PRODUCTS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANYONE ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THIS AGREEMENT, ANY THE CLUB PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF OR IS ANY WAY CONNECTED TO YOUR USE OF THE SERVICES, LIABILITY OF THE CLUB PARTIES SHALL IN NO EVENT EXCEED THE GREATER OF (I) THE TOTAL OF ANY SUBSCRIPTION OR SIMILAR FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF THE SERVICES PAID IN THE SIX MONTHS PRIOR TO THE DATE OF THE INITIAL CLAIM MADE AGAINST THE CLUB, OR (II) US$100.00.

C. Indemnification. You agree to protect and fully compensate the Club Parties (inclusive of any cell phone carriers)  from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys' fees) arising from your use of the Services, or violation of the UA by you or any other user of your account (whether or not authorized); any action taken or permitted by you which disrupts, degrades or damages the Services or related software; your infringement of any intellectual property right of The Club or any other person or entity; any activity related to your account (including any negligent or wrongful conduct) by you or any other person accessing the Services.

D. Export Control. The Club controls and operates the Services form its headquarters in the United States and makes no representation that the Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws, including but not limited to the export and import regulations of other countries. You acknowledge and agree that the data and any other materials made available from the Services may be subject to U.S. and foreign Export Administration Laws and Regulations.

E. Copyright Infringement. If you believe that content you own has been used on the Services in a way that violates your copyright or other intellectual property rights, please provide the Club via e-mail at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it   with the following information:

1.    an electronic or physical  signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.    a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.    a description of where the material that you claim is infringing is located on the site;
4.    your address, telephone number, and email address;
5.    a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
6.    a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

F. Miscellaneous. The Club’s rights under the UA may not be waived unless the Club agrees to such change in writing. The UA and your account on the Services are personal to you and may not be transferred or assigned. The UA is governed by U.S. Federal law and the laws of the State of California, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in San Francisco County, California, U.S.A. in all disputes arising out of or relating to the Services. Use of the Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. The Club’s performance of the UA is subject to existing laws and legal process, and nothing contained in the UA is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Services or information provided to or gathered by the Club with respect to such use. If any part of the UA is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the UA shall continue in effect. The UA, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Services and the Privacy Policy), constitutes the entire understanding between you and the Club regarding the Services. A printed version of the UA and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the UA to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The parties have agreed that the UA shall be written in English.

G. Notices. The Club may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on our Services or delivering them to you through email if you have provided the Club with your accurate email address.

Direct questions or notices to the Club should be via e-mail at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it .

H. Termination. You agree that the Club, in its sole discretion, may terminate your use of the Services for any reason, including, without limitation, for lack of use or if the Club, in its reasonable sole opinion, believes that you have violated or acted inconsistently with the letter or spirit of this UA or that you are a repeat infringer of intellectual property rights. You agree that any termination of your access to the Services under any provision of this UA may be effected without prior notice, and acknowledge and agree that the Club may immediately deactivate or delete your account and all related information and files in your account and/or bard any further access to such files or the Services. Further, you agree that the Club shall not be liable to you or any third party for any termination of your access to the Services.
 
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