KATIADIAMOND.COM TERMS OF SERVICE

Effective August 1, 2020

Welcome to KatiaDiamond.com, a dance event directory, advertising and listing service. The Terms of Service (“Terms”) below govern and regulate your access to KatiaDiamond.com. These Terms, along with our Privacy Policy Statement, and any documents incorporated herein by reference, constitute a legally binding contract between KatiaDiamond.com (“KD,” “us” or “we”) and you (“you” or “User”).

Please read these Terms of Service carefully before accessing our Services. If you do not agree to be bound by this Agreement, you must immediately discontinue access of the Services because your continued access signifies your acceptance of the Agreement and any modification or revision thereto.

1. Acceptance of These Terms of Service

BY ACCESSING THE KATIADIAMOND.COM WEBSITE, INCLUDING ANY OPTIMIZED MOBILE VERSION, (COLLECTIVELY “Website” OR “Services”) YOU ACKNOWLEDGE YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT, THAT YOU HAVE READ AND UNDERSTOOD AND UNCONDITIONALLY AGREED TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND THAT THE TERMS OF THIS AGREEMENT WILL APPLY EACH TIME YOU ACCESS OUR SERVICES.

2. Account Terms

Eligibility: By accessing or using the Website (or any part thereof), or third party services or products offered in or linked to via the Website, you represent and warrant that (a) you are at least eighteen (18) years of age; (b) if registering for an organization that you possess the legal authority to enter into the Terms and form a binding agreement under applicable law; and (c) all information provided by you as part of the registration process or continued use of the Services is accurate, current and complete and remains up-to-date. If you are unable to fulfill all of these requirements, you must immediately stop all use and terminate your access to the Website.

Registration: Although registration is not required to access the Services, use of many KD Website features require you to register a user account. Registration requires you to provide a valid email address and a password. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account.

User Information: In order to use the KD Services, you must register an account and provide personal information, including, without limitation, your full name, an email address, telephone number, and mailing address (“Personal Information”). Registration requires you to provide a valid email address and password; alternatively, you may login using your personal, valid Facebook, Google+, LinkedIn or similar social media login credentials. We reserve the right, in our sole discretion, to deny registration of a user account, prohibit or deny you access to the Website (or any part thereof), with or without prior notice. The Privacy Policy, available at https://katiadiamond.com/privacy, governs any personal information you provide to us. By using the Services, you agree to the terms of the Privacy Policy.

Inactivity and Improper Use: KD further retains the right to cancel unconfirmed user accounts or accounts that have been inactive for more than twelve (12) months or are considered to be deceptive or misleading, without prior notice to the user.

Account Security: You are responsible for safeguarding the password that you use to access the Services and for all activity that occurs under your account. You may not Share your account information (other than with an authorized KD representative) with another person or use another user’s account. You are solely responsible for protecting any confidential or Personal Information sent from or stored on any mobile phone or mobile device or computer as a result of your use of the Services. You agree to immediately change your password and notify KD of any suspected or unauthorized access associated with your use of the Services or any other breach of security.

3. User Content

Ownership: You understand that all User Content uploaded, posted on, accessed through, or linked from the Services are the sole responsibility of the person or organization from whom such User Content originated. “User Content” means all listings, messages, text, files, images, photos, video, audio or other materials.

Warranties of Ownership: By uploading your User Content to the Services, you agree that: (i) you own the User Content or have the necessary licenses and permissions to use and Share your User Content and (ii) the rights necessary to grant the licenses in these Terms. If you incorporate any Intellectual Property or material owned by a third party into your User Content, you do so at your own risk. “Intellectual Property Rights” means patent, trademark, copyright, service mark, trade dress, unfair competition, right of privacy, right of publicity, moral rights, unfair and any other proprietary rights.

License: To operate and provide the Services we require certain licenses from you to your User Content. When you upload user content to the Services, you grant us an irrevocable, unrestricted, non-exclusive, worldwide, royalty-free, fully-paid up, sub-licensable, and transferrable license to host, use, publicly display, exhibit, distribute, broadcast, rebroadcast, transmit, retransmit, modify (for example, to better showcase your user content or promote the Services), publicly perform, reproduce, and translate the content as needed in response to user driven actions on or through any media, technology or device now known or hereafter developed.

Content: You understand and agree that the User-Generated Content you upload to the Website will be stored for an indefinite period of time on KD’s servers. You are responsible for ensuring that any files uploaded to our servers is free of corruption and contain no viruses or malicious software. Files (if any) describing available goods and/or services may be submitted in .jpg, .png or .gif format. Before submitting any User-Generated Content you agree to ensure the accuracy, completeness, timeliness and any restrictions or legal requirements in describing the goods and/or services you offer in the requisite jurisdiction. You further warrant and represent that any User-Generated Content you upload to the Website will not breach any applicable law and will not damage user computer systems, software or hardware devices or contain any malicious or contaminated files, software or content. For more information regarding restricted conduct see Section 5, below.

Removal: In our sole discretion, KD may or may not monitor any User Content you upload and post, accept or reject your User Content or delete your User Content, with or without notice, that includes, without limitation, when, in our determination, you may have violated these Terms or any applicable laws or regulations. KD will not be liable for any use or disclosure of your User Content to anyone, including, without limitation, users and visitors of the KD Services, or intellectual property owners providing a notice of claimed infringement.

4. Prohibitive User Conduct

You agree to act responsibly and to treat other users with respect. Any user who engages in prohibited conduct may be removed from the Services or blocked from the Website. While not an exhaustive list, you agree not to:

upload, transmit, post, email, or otherwise may available any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, obscene, pornographic, libelous, tortious, vulgar, hateful (including based upon race, age, gender, sexual-orientation, or religion), or otherwise objectionable (in KD’s sole opinion);
upload, transmit, post, email, or otherwise may available any content that violates anyone’s Intellectual Property Rights;
upload, transmit, post, email, or otherwise may available any content that constitutes or encourages a criminal offense, illegal activity, violates the rights of any party, or that otherwise creates liability or violates any local, state, national, or international law;
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Services or any software or application used on, or for the Services, or causes others to do so;
misrepresent yourself, your age, or your affiliation with any person or entity, impersonates any person or entity, make false or misleading statements;
interfere with, or inhibit any other user from using the Services, including stalking, intimidation, harassment, incitement of (or attempted) violence, or any harm to a minor in any form (“Minor” means anyone under the age of 18.), or cause others to do so;
disrupt or interfere with the Services in any manner that could damage, impair, disable, overburden or harm the Services, network or servers, software or hardware or telecommunications equipment;
use “bots,” “spiders,” “crawlers,” website search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” probe, scan, test the vulnerability of any system or network or breach or otherwise circumvent the intended functionality of the Services;
forge headers or otherwise manipulates identifiers in order to disguise the origin of any information transmitted to or through the Services (either directly or indirectly through use of third party software);
disrupt, interfere with or inhibit the operation or use of the Services by others in any way, through any means or device, including, but not limited to, “spam,” “viruses,” “worms,” or other computer codes, files or programs, or by other means;
upload, transmit, post, email, or otherwise may available any content that contains Personal Information about another member that is published without the member’s express consent;
collect, store or solicit information about other users or members for commercial or unlawful purposes or engage in commercial activity such as contests, sweepstakes, and the like, without KD’s prior consent;
upload, transmit, post, email, or otherwise may available any content that contains material originally posted by another member that is reposted without permission or attribution;
upload, transmit or engage in “junk mail,” “spam,” “chain letters,” “Pyramid schemes,” or other unsolicited messages;
purposefully upload, transmit, post, email, or otherwise may available any content in an irrelevant category or city, repeatedly post the same or similar content or otherwise impose an unreasonably disproportionately large load on KD’s servers;
access or attempt to access the Services by any means other than the interface provided or authorized, or access or attempt to access content or non-public areas of the Services, KD’s computer system or the technical delivery systems of KD’s providers; or
use meta tags or code or other devices containing any reference to KD or the Services (or any existing trademark, trade name, service mark, logo or slogan of KD), to any person or entity or other website for any purpose;
that violates these Terms in any manner, or
that otherwise violates any third-party provider’s terms and conditions.

KD reserves the right, in its sole discretion, to terminate your license, remove your User Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to User Content or use of the Services that KD reasonably believes is or might be in violation of these Terms. Failure or delay in taking such actions does not constitute a waiver of our rights to enforce these Terms.

5. Member Content

You understand that KD does not control and is not responsible for Member Content made available through the Website and that by using the Services you may be exposed to Member Content that is offensive, indecent, inaccurate, misleading or otherwise objectionable. Your sole remedy is to stop viewing the Member Content. If you believe in good faith another user is violating these Terms you may email us regarding such conduct at dance@katiadiamond.com.

6. Intellectual Property Rights in the United States (Digital Millennium Copyright Act)

KD takes the intellectual property rights of others seriously and expects you to do the same on our Services. We will respond to notices of copyright infringement that comply with the requirements of the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. § 512). You can learn more about KD Takedown and Counter-Notice policies and practices at https://katiadiamond.com/dmca.

You may send any notices that comply with the DMCA to our Copyright Agent by email as follows:

Email: dmca@katiadiamond.com

For clarity, only DMCA takedown notices or counter-notices should go to the Copyright Agent and any other feedback, comments, requests for technical support, and other communications should be directed to customer support by email at dance@katiadiamond.com. You acknowledge that if you fail to comply with all of the requirements as set forth herein, your DMCA notice may not be valid.

You may find our full DMCA policy, including information regarding counter-notices HERE.

7. Intellectual Property Rights Outside the United States

We will make every effort to work with owners of Intellectual Property Rights in countries outside the United States to ensure KD’s Services contain no infringing or misappropriated material. The Take-Down Notice and Counter-Notice requirements and procedure specified in Section 7 above, the DMCA Procedure available at https://katiadiamond.com/dmca, shall apply. In addition, you must also identify the relevant jurisdiction where the alleged infringement occurred. As some countries have specific statutory requirements, you should consult the applicable law in your jurisdiction regarding further specific information that may be required for any take down notice to be compliant with applicable local law.

Repeat violations of our Intellectual Property Rights Policy may result in a range of actions, at our sole discretion and without notice to you, including, without limitation:

posting restrictions; and/or
deletion of infringing User-Generated content; and/or
account suspension; or
account termination.

8. Proprietary Intellectual Property Rights

KD Content: The Services contain content owned by or licensed to KatiaDiamond.com (“KD Content”). We (and our licensors) remain the sole owner of all rights, title and interest in the Services. We reserve all rights not granted under these terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the KD Content. You will not reproduce, modify, adapt, prepare derivative works, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit the KD Content.

Limited License: Subject to your compliance with these Terms and applicable law, KD grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive, limited, revocable license to use the Services for personal purposes and limited commercial purposes as expressly set forth herein. You may only use the KD Services on a computer, mobile phone or other mobile device that you own or control. Any use of the Services in any other manner, including, without limitation, resale, transfer, modification or distribution of any KD Content or any User-Generated Content by another user of the Services is expressly prohibited. This Agreement also governs any updates, or supplements, or replacements to the KD Content unless separate terms accompany such updates or supplements or replacements, in which case the separate terms will apply.

Third Party Content: You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the content of any third-party partner (“Third-Party Partner Content”) and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license, or otherwise exploit any Third Party Partner Content.

9. Links to Other Websites

KD, in its sole discretion, may provide links to other locations or websites on the Internet. The content of such third party websites have not been reviewed by KD and are maintained by third parties over which KD has no control. You acknowledge and agree that you use or follow these links entirely at your own risk. KD is not responsible for the damage or loss suffered by you arising out of, or in connection with your access to or use of these third party websites, including, but not limited to, damage or loss to your computer system or loss of data arising from your use of documents or information found on these third party websites. Any links to such third-party websites are for your convenience and the inclusion of such links on our Website does not imply any endorsement, guarantee, warranty or representation by KD of the quality or accuracy of the content, information, products or services or other materials provided to you on those third party websites.

10. Taxes and Third-Party Fees

Taxes and Third Party Fees: You are solely responsible for and must pay all applicable taxes, including value added tax (“VAT”), goods and services tax (“GST”), state sales tax, use taxes, or any similar tax, as well as any applicable third-party fee (such as telephone charges, mobile carrier fees, ISP charges, data plan charges, and third-party payment processing fees) that may result from your use of our Services.

EU Users: European Union Users must register as a business to use this Service. By registering you warrant and represent that you are a business. Upon registration of your account you must provide KD your value added tax (“VAT”) registration number, and the name and principal address of your business so that we may comply with all VAT invoicing regulations. If you do not provide a valid VAT registration number or otherwise meet the requirements of this provision, KD reserves the right to terminate your account.

11. Feedback and Suggestions

If you submit feedback, comments, ideas or suggestions (collectively “Suggestions”) about our Services, you acknowledge that such Suggestions are unsolicited and that we may, but have no obligation, to use your Suggestions. You further agree and acknowledge that any use of your Suggestions by us, for any purpose, will be without any liability to us, or payment of any kind to you.

12. Disclaimer of Warranties

YOU ACKNOWLEDGE THAT YOUR ACCESS AND USE OF OUR SERVICES IS AT YOUR SOLE RISK. UNLESS STATED OTHERWISE IN ANY SUPPLEMENTAL OR ADDITIONAL TERMS, WE PROVIDE THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WE MAKE NO REPRESENTATIONS OR WARRANTY OR ENDORSEMENT OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (i) MM CONTENT; (ii) USER CONTENT OR MEMBER CONTENT; (iii) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO MM AND THROUGH THE SERVICES; (iv) OPTIMIZED MOBILE FEATURES; (v) ANY THIRD PARTY CONTENT AVAILABLE ON THE SERVICES; (vi) ANY OTHER MATTER RELATED TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, FREEDOM FROM COMPUTER VIRUS, OR THAT YOUR USE OF THE SERVICES COMPLIES WITH THE APPLICABLE LAW IN YOUR JURISDICTION. APPLICABLE LAW IN YOUR JURISDICTION MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

WITHOUT LIMITING THE FOREGOING, KD AND OUR MANAGERS, EMPLOYEES, AGENTS, SUPPLIERS, VENDORS, CONTENT PROVIDERS, LICENSORS, LICENSEES, SERVICE PROVIDERS, AND OTHER AFFILIATES (COLLECTIVELY “ASSOCIATED PARTIES“) DO NOT REPRESENT OR WARRANT THAT YOUR USE OF THE KD SERVICES WILL BE FREE FROM INTERCEPTION, CORRUPTION, ERROR, DELAY OR LOSS OF DATA OR TIMELY; THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVER THAT MAKES THE MM SERVICES AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. KD AND ASSOCIATED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE KD SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF KD OR ANY ASSOCIATED PARTY, WHETHER MADE ON THE KD SERVICES, OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT OTHERWISE EXPRESSLY STATED HEREIN.

YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE KD SERVICES. KD AND ASSOCIATED PARTIES DO NOT ENDORSE AND HAVE NO RESPONSIBILITY FOR ANY OPINION, INFORMATION, STATEMENT, USER CONTENT, OR UPLOADED OR POSTED TITLES MADE AVAILABLE OR OTHERWISE DISPLAYED ON KD SERVICES BY THIRD-PARTIES (INCLUDING ANY USER OF THE KD SERVICES) AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED ON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE KD SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND COMPLETENESS OF ANY OPINION, ADVICE, INFORMATION OR STATEMENT AVAILABLE ON THE KD SERVICES. YOU ACKNOWLEDGE THAT THE MM SERVICES COULD INCLUDE INACCURACIES OR ERRORS, INCLUDING THE POSSIBILITY THAT UNAUTHORIZED ALTERATIONS COULD BE MADE TO KD SERVICES BY THIRD PARTIES.

13. Limitation of Liability

UNLESS STATED IN ANY SUPPLEMENTAL OR ADDITIONAL TERMS, WE AND OUR ASSOCIATED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES) (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES) ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO (i) THE KD SERVICES (INCLUDING, WITHOUT LIMITATION, KD CONTENT, INFORMATION, AND GOODS AND SERVICES OFFERED BY KD ON THE WEBSITE); (ii) USER CONTENT (including, without limitation, CONTENT, INFORMATION, payment and delivery of goods OR services, warranties, representations, and other such terms and conditions associated with ANY COMMUNICATION OR PURCHASE OF GOODS OR SERVICES BETWEEN YOU AND ANY USER OF the WEBSITE); (iii) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE KD SERVICES; (iv) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY KD AND ASSOCIATED PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE KD SERVICES; (v ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY MATTERS; (vi) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE KD SERVICES; OR (vii) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, WORM, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF KD AND ASSOCIATED PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT. IN NO EVENT WILL KD AND ASSOCIATED PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE KD SERVICES IS TO STOP USING THE KD SERVICES, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF KD AND ASSOCIATED PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE THE GREATER OF FIVE DOLLARS ($5.00) OR THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE KD SERVICES FOR A TOTAL OF THIRTY (30) DAYS IN YOUR DESIGNATED SUBSCRIPTION SERVICE. YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF KD’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE KD SERVICES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY DWI SERVICES, PROPERTY, PRODUCT, SERVICE, OR OTHER WEBSITE CONTENT OWNED OR CONTROLLED BY KD AND ASSOCIATED PARTIES.

BY ACCESSING THE KD SERVICES YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF CALIFORNIA CODE § 1542, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

14. Indemnification

You agree to indemnify and hold KD and Associated Parties harmless from any claim, cause of action, demand, damages, fines, judgments, settlements, penalties, and expenses (including reasonable attorneys’ fees and court costs) arising out of or related to (i) your User Content; (ii) your use of the Services, or (iii) your violation of these Terms. You will cooperate as fully required by KD in the defense of any claim or cause of action. KD reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of KD.

Additionally, if you have a dispute with one or more users, you release KD from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with such dispute.

15. International Use

Anyone using the KD Services from locations outside the U.S. is responsible for compliance with both U.S. law and regulations and local laws in their jurisdiction. We reserve the right to limit the availability of the Services, or any portion thereof, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, without notice.

16. Interruption of Service

We reserve the right to update, modify, suspend, discontinue or close, temporarily or permanently, the Services (or any part thereof) at any time with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services. To protect the integrity of our Services, we reserve the right at any time, in our sole discretion, to block users from certain IP addresses from accessing the Services.

Transactions conducted through the Internet may be subject to interruption, blackout, delay or error. KD shall not be responsible in any way for loss of accuracy or timeliness of any message sent or transaction conducted through this Website arising from or in relation to any malfunctions in communication facilities that are out of the control of KD.

17. Modification to Terms

KD reserves the right, in our sole discretion, with or without notice, to amend, add, remove, or otherwise modify these terms from time to time. Any modifications or amendments shall take effect immediately upon posting of the same on the Website at https://katiadiamond.com/terms. The “last updated” date located at the top of these Terms will indicate the date of the most recent changes as well as the date of the most recent prior modifications. By continuing access or use of the KD Services in any way after these Terms have been modified, you will be deemed to have unconditionally consented and agreed to such modifications.

18. Account Cancellation; Suspension and Termination

Cancellation: You may cancel this Agreement and close your account at any time by contacting us by email at dance@katiadiamond.com . In order to cancel your account by email, you must provide the complete name of the account holder and username on the account. You will receive a confirmation email that your account has been cancelled. Upon cancellation, all of your User Content will be deleted from the Services. This information cannot be recovered once your account is cancelled. We reserve the right, but have no obligation, to retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. Barring any legal obligations, we will delete your full user account and any associated advertising listing services within thirty (30) days. By removing your User Content from our Services or deleting your user account, all licenses granted to you by KD shall immediately terminate.

Suspension and Termination: KD, in our sole discretion, may suspend or terminate your account and refuse any and all current or future use of the Services at any time. Without limiting other rights and remedies, all of which are expressly reserved, KD, in our sole discretion, without notice to you, may: (i) suspend your use of our Services; and/or (ii) terminate the licenses granted under these Terms; and/or (iii) terminate access to our Services, and/or provide access to your user account to legal authorities in compliance with any legal obligations as may be required. Termination of the Services will result in the deactivation or deletion of your user account, and the forfeiture and relinquishment of all uploaded and posted User Content in your user account.

Survival of Terms: Upon termination of these Terms, all provisions regarding licenses you granted; your indemnification obligations; our warranty disclaimers, limitations of liabilities, limitations on statute of limitations; and dispute resolution provisions stated in these Terms will survive any suspension or termination of your account.

19. Communications, Notices & Mobile Services

We use email and electronic means to communicate with users and you agree to consent to receive email and/or SMS, or text messages (“collectively “Communications”) from us. These Communications may be transactional or member communications relating to the Services, such as administrative notices and service announcements or changes, or communications containing commercial offers, promotions or special offers from our third party partners or us. Please see our Privacy Policy for more information regarding these communications.

If you change or deactivate your mobile telephone number, you agree to update your KD account information to ensure that your messages are not sent to the person that acquires your old number. Notices may not be received if you violate these Terms by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner.

Communications made through email or any private messaging system via the Services will not constitute legal notice to KD or any of our managers, employees, agents or representatives in any situation where notice to KD is required by contract or any law or regulation.

20. Dispute Resolution; Governing Law

Dispute Resolution: Customer service is important to us, so we ask that you first try to resolve your dispute by contacting us. If we cannot informally resolve your dispute, you agree that all disputes between you and KD arising out of or relating to this Agreement (including any alleged breach) will be resolved by binding arbitration, unless your claim may be brought in small claims court.

Arbitration: The American Arbitration Association will administrate the arbitration in San Diego County, California pursuant to the Federal Arbitration Act, and where consistent California law, without regard to or application of the conflict of law provisions of your state or country of residence. The arbitration will be conducted by one arbitrator, as agreed on by you and KD (and if you and KD cannot agree, appointed in accordance with the American Arbitration Associations’ Rules). The arbitration will be conducted in the English language, but any witness whose native language is not English may give testimony in the witness’ native language, with simultaneous translation into English at the expense of the party presenting the witness. The parties specifically exclude from application to these Terms the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act.

You understand that by using the Services YOU GIVE UP YOUR RIGHT TO GO TO COURT, to assert or defend any claims between you and KD (except for matters brought in small claims court) BEFORE A JUDGE OR JURY. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction over the parties. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms.

Small Claims Action: If your claim meets the requirements to file a small claims action, you agree to the sole jurisdiction and venue of any small claims court located in San Diego County, California. To the extent state law applies, California law shall govern without regard to or application of the conflict of law provisions of your state or country of residence.

No Class Action: You agree to give up your right to participate in a class action or class proceeding, including class arbitration, limited attorney general action, or other representative action or proceeding.

21. Statute of Limitations

You acknowledge that any and all claims must be filed within one (1) year of the date you could first bring the claim, unless your local law requires a longer time to file claims. If a claim is not filed within one (1) year, unless otherwise provided by applicable law, the claim is permanently barred.

22. Assignability

KD may assign or delegate this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under this Agreement without KD‘s prior written consent, and any unauthorized assignment and delegation by you is void.

23. Severability and No Waiver

If any provision of these Terms is held to be unlawful, void, or for any reason unenforceable that provision will be removed or limited to the minimum extent allowed for the remaining provisions of the Terms to continue in full force and effect. No waiver by us of any provision in this Agreement will be deemed a further or continuing waiver of such provision, or a waiver of any other provision.

24. Entire Agreement

These Terms of Service, along with our Privacy Policy, DMCA Procedure, mobile application terms, and any documents expressly incorporated by reference herein, constitute the entire agreement between you and KD regarding use of the Services, and supersedes and replaces any prior agreements between you and KD regarding the Services.

25. Contact Information

You may send notices to us at the address below. If you have any questions relating to these Terms, please contact us at dance@katiadiamond.com.