This is an important document which you must consider carefully when choosing whether to use the www.ProfessionalBellyDancers.com website at any time.
This Agreement was last modified on 30th August 2012.
This user agreement ("User Agreement" or "Agreement") is a contract between you and J.A. Reed & Associates Incorporated, hereinafter referred to as ProfessionalBellyDancers.com. The Site is offered to you conditional on your acceptance of the User Agreement. Please review the terms and conditions set out below before using the Site. Your continued use of the Site after such time will signify your acceptance of this User Agreement.
This User Agreement and all policies and terms incorporated by reference constitute the entire agreement between you and ProfessionalBellyDancers.com as to its subject matter.
If you do not agree to any of these terms and conditions you should immediately cease to use the Site. Please note that we may close, suspend, or limit your access to your ProfessionalBellyDancers.com account ("Account") or the Services provided by us on the Site ("Services"), if you carry out activities which are in contravention of this User Agreement and its associated policies incorporated by reference.
ProfessionalBellyDancers.com may amend or modify this User Agreement in whole or in part from time to time, without notice, by posting an amended User Agreement on the Site or any linked information. The updated version of the User Agreement will be effective at the time we post it.
ProfessionalBellyDancers.com offers its Services to its Users. Each User is responsible for what occurs on their Account and must report any unauthorised use of their Account to us.
The terms "You", "Your", "User", or "Users" refer to anyone accessing our Services or Site for any reason.
ProfessionalBellyDancers.com provides a venue to introduce Users who wish to provide professional services ("Professional Belly Dancers", "Musicians") and Users who seek such professional services ("Clients")(respectively or jointly as the "Parties" and individually as a "Party"). The Site enables Users to identify each other and work together online to complete, invoice and pay for projects, performances, workshops, training, events, lessons & downloadable material, hereinafter referred to as Bookings.
ProfessionalBellyDancers.com reserves the right to terminate the participation of any User without reason but expressly including any User that ProfessionalBellyDancers.com judges to be in violation of the User Agreement. Without limiting the foregoing, ProfessionalBellyDancers.com may terminate the participation of a User if we think that they are creating problems, legal liabilities (actual or potential), infringing upon someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons.
3.2 Relationship Between Users
The only parties to a Booking, are the Independent Contractor and the Client. Upon the Client awarding a Booking to an Independent Contractor and the Independent Contractor's acceptance of a Booking on the Site, the Client agrees to purchase, and the Independent Contractor agrees to deliver the Provider Services in accordance with the following agreements: (1) the User Agreement; and (2) the Performance Services Agreement between the Client and Independent Contractor available on the Site, as amended for each individual Booking; (3) any other contractual provisions accepted by both the Independent Contractor and Client, to the extent not inconsistent with the User Agreement; and (4) the Booking terms as awarded and accepted on the Site, to the extent not inconsistent with the User Agreement.
You agree not to enter into any contractual provisions in conflict with the User Agreement. Any provision of a member contract in conflict with the User Agreement is void.
3.3 User Responsibilities
The responsibilities of the Independent Contractor and Client are set out in the Performance Services Agreement between Independent Contractor and Client.
When you enter into a transaction, you create a legally binding contract with another User, unless the transaction is prohibited by law or by this User Agreement.
You are responsible for ensuring that you comply with your obligations to other Users. If you do not, you may become liable to that User(s). You must ensure that you are aware of any domestic laws (including common law), international laws, statutes, ordinances and regulations relevant to you as a Client or an Independent Contractor, or in any other uses you make of the Site.
If another user breaches any obligation to you, you are solely responsible for enforcing any rights that you may have. For the avoidance of doubt, ProfessionalBellyDancers.com has no responsibility for enforcing any User rights.
3.4 Insurance Disclaimer
ProfessionalBellyDancers.com does not offer any form of insurance or other Client or Independent Contractor protection which will assist you, because our Site merely provides the online venue for Users to offer, sell, and buy professional services and we are not otherwise involved in the transactions and interactions between Client and Independent Contractor. However, some forms of payment permitted on the Site, such as credit card, may offer limited Client or Independent Contractor protection or chargeback services and you should familiarise yourself with these before proceeding with a transaction of any kind through the Site.
Because user identification on the Internet is difficult, we cannot and do not confirm each User's purported identity.
3.5 Independent Contractors
Each User acknowledges and agrees that the relationship between Users is that of Independent contractors. Nothing in this User Agreement creates a partnership, joint venture, agency or employment relationship between: (1) Users; or (2) between us and any User.
3.6 Services offered by ProfessionalBellyDancers.com
ProfessionalBellyDancers.com offers a wide range of tools, content, products, services, benefits, and other resources on the Site of particular interest to independent contractors and to enable independent contractors to efficiently and cost effectively manage their careers, professions, and businesses. These Services are for use only under a non-exclusive, non-transferable, and non-assignable license under these terms and conditions of use. You do not have the right to copy, sell, or otherwise exploit for any commercial purpose the Services or content (in whole or in part), access to this service or use of this service.
Some of the Services offered on the Site may include feedback to questions by Users of this service and/or articles with original content and opinions. Use of this content or links to this content is at the User's own risk. No warranty is made that the information is accurate or reliable and ProfessionalBellyDancers.com and its related entities, directors, officers and agents disclaim all liability and responsibility for any direct or indirect loss or damage you may suffer relying on anything contained in or omitted from this content.
The User understands and agrees to the following terms:
Our Site merely acts as an online venue to allow Users to offer and buy professional services. You acknowledge and agree that ProfessionalBellyDancers.com is not involved in the actual transaction between the Independent Contractors and Clients. As a result, ProfessionalBellyDancers.com has no control over the quality or legality of the professional services provided by Users on our Site, or the ability of Independent Contractors to provide the services or the Clients to pay for the services. We do not guarantee that a User will actually complete a transaction or act lawfully in using the Site.
Some of the content provided on the Site may relate to various subjects such as information pertaining to legal matters, financial matters, health matters, and other matters for which the content of is provided in an advisory nature. This information is provided solely for informational and general non-advisory purposes. If desired, Users should use their own efforts to confirm such information with a professional(s) in the pertinent field(s). All of the information that ProfessionalBellyDancers.com provides should not be considered medical, legal, technical, or any other discipline-specific advice.
The Site is a dynamic time-sensitive web site. As such, the information on the Site will be changed frequently. It is possible that some information could be considered offensive, harmful, or inaccurate, and in some cases may be mislabeled or deceptively labeled accidentally by ProfessionalBellyDancers.com or accidentally or purposefully by a third-party, regardless of whether such third parties are with or without a legitimate business purpose.
ProfessionalBellyDancers.com provides unmonitored access to third-party content. ProfessionalBellyDancers.com is only acting as a venue and/or portal, and has no liability based on, or related to, the third-party content on this Site, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline. This web site may contain links to third-party web sites. ProfessionalBellyDancers.com does not control nor always review the web sites to which we link from the Site. ProfessionalBellyDancers.com, therefore, cannot endorse the content, products, services, practices, policies, or performance of the web sites we link to from the Site, and Users should not treat any link as such an endorsement or acceptance of veracity or value.
ProfessionalBellyDancers.com does not have the resources to nor does it undertake any obligation to, control, research, verify, validate, or approve the content that is received or viewed on its web site. ProfessionalBellyDancers.com expects that the User will undertake necessary activities and practices and will use caution and common sense when using ProfessionalBellyDancers.com.
You agree and acknowledge that unless explicitly requested, ProfessionalBellyDancers.com may display your company name, logo and public description of your Bookings and profile as part of the ProfessionalBellyDancers.com website(s) and / or other ProfessionalBellyDancers.com marketing materials.
All fees will be assessed in US dollars. Your Account and all transactions are made and displayed in US dollars unless otherwise specified.
ProfessionalBellyDancers.com earns fees for creating, hosting, maintaining, and providing the Site, and for all Services delivered by ProfessionalBellyDancers.com that are accessible through the Site and to cover expenses and fees ProfessionalBellyDancers.com incurs to banks, credit card companies, and payment processors.
5.1 Opening Account
To become a User and access the Site and Services as a ("Fan", "Member"), you must register for an "Account." You agree to provide true, accurate and complete information as prompted by the registration form and all forms you access on the Site, and to update this information to maintain its truthfulness, accuracy and completeness.
All amounts are stated in and all payments will be made in US funds. Any fraudulent funds received (e.g. stolen credit card) will be reversed immediately. In a fraudulent payment situation, you will be expected to pay the funds to ProfessionalBellyDancers.com or face account termination and any other remedies available to ProfessionalBellyDancers.com to recover the funds.
Any User that ProfessionalBellyDancers.com removes from the service due to violation of the User Agreement will receive no credit or payment and will become liable for certain fees described in this User Agreement.
You understand and agree that ProfessionalBellyDancers.com may hold funds delivered to ProfessionalBellyDancers.com for the purchase of it's services in a separate account and may commingle & deposit such funds with other funds in any account, at any institution, or in any other manner ProfessionalBellyDancers.com may decide in its sole discretion from time to time.
You acknowledge that: ProfessionalBellyDancers.com is not a bank or other licensed financial institutions and does not provide banking services.
You acknowledge and agree that any chargebacks (a chargeback occurs when a Client rejects or reverses a charge on his or her credit card through the credit card issuer) on funds paid to you by Clients are your responsibility and you will not hold ProfessionalBellyDancers.com liable for such.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable.
You are strictly prohibited from under-bidding on bookings in an attempt to renegotiate the actual price privately. We aim to provide a fair and open playing field at ProfessionalBellyDancers.com, and such activities interfere with providing such a marketplace.
ProfessionalBellyDancers.com charges an annual fee to it's members. We believe our fee is very fair and justified for the service we provide, therefore we will absolutely not tolerate any fee avoidance or underbidding on the Site.
The User is solely responsible for content or any other information the User provides to ProfessionalBellyDancers.com. User understands and agrees to the following:
ProfessionalBellyDancers.com is only acting as a venue for the online distribution and publication of User content. However, no warranties as to the actual distribution or publication of User content are made or implied. ProfessionalBellyDancers.com has the right (but no obligation) to take any action deemed appropriate with respect to User content if it is believed that such content may create liability for ProfessionalBellyDancers.com, harm its business operation or reputation, or cause ProfessionalBellyDancers.com to lose the services of its suppliers.
Any and all content submitted to the Site is subject to the approval of the Site administrators. The Site reserves the right to reject, approve, or modify User-submitted content upon the discretion of the Site administrators. Evaluation of User-submitted content is based on certain quality guidelines.
These guidelines, that encompass all objectively quantifiable and aesthetic aspects of User-submitted content, are set solely by the Site and applied exclusively within the Site.
User represents and warrants that User's content: (a) will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy; (b) will not violate any law or regulation; (c) will not be defamatory or trade libelous; (d) will not be obscene or contain child pornography; (e) will not include incomplete, false or inaccurate information about User or any other individual; and (f) will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
7.2 Grant of License
By submitting User content to ProfessionalBellyDancers.com (including, but not limited to creating your Account; posting a resume, posting a profile, posting an event; sending messages through or to ProfessionalBellyDancers.com), you hereby grant to ProfessionalBellyDancers.com a worldwide, exclusive, sublicensable, perpetual, irrevocable, royalty-free license to use, copy, modify, display, and perform User content, under all User intellectual property and proprietary rights worldwide. For the avoidance of doubt, providing links to content hosted on servers other than that of ProfessionalBellyDancers.com (such as a sample or demo of works hosted on Your own web site) will not be considered "submitting" such content for purposes of this license grant.
Users are prohibited from advertising a website on the Site. An example of a permissible URL would be a User's website.
The Client agrees that:
The Client is strictly forbidden from redistributing any of the content of the Site, including but not necessarily limited to private messages and documents .
The Client will not post false or misleading Booking descriptions.
The Client will not post Booking descriptions that, in the judgment and discretion of ProfessionalBellyDancers.com, are inappropriate to ProfessionalBellyDancers.com's audience and viewers.
The Client will not falsify the Client's own or any other identity.
The Client will comply with all of ProfessionalBellyDancers.com's policies as posted on the Site from time to time.
8.3 Independent Contractors
The Independent contractor agrees that:
The Independent contractor will not redistribute any of the content of the Site, including but not necessarily limited to private messages and documents.
The Independent contractor will not falsify the Independent contractor's own or any other identity.
The Independent contractor will comply with all of ProfessionalBellyDancers.com's policies as posted on the Site from time to time.
8.4 Prohibited use of Site content
The content and information on the Site (including, but not limited to, messages, data, information, text, music, sound, photos, graphics, video, feedback, reputation, reviews, icons, software, code or other material), as well as the infrastructure used to provide such content and information, is proprietary to us. All Users agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this Site. Additionally, you agree not to: use this Site or its contents for any commercial purpose; access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission; violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure; deep-link to any portion of this Site for any purpose without our express written permission; "frame", "mirror" or otherwise incorporate any part of this Site into any other website without our prior written authorisation; or attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Site or the services.
8.5 General restrictions
Users agree that:
Users will not use any automated collection mechanism or any manual process to monitor or copy the web pages comprising the Site or the content contained therein without the prior written permission of ProfessionalBellyDancers.com.
Users will not distribute unsolicited commercial messages ("spam") through the User's Account.
Users will not contact Clients or Independent contractors through the Site or through information gained from our Site with the intent of subverting them from using our Services.
Users will not engage in personal attacks, negative or other unfair criticism or other forms of discourteous and unprofessional online conduct or practices.
Users will not create multiple user Accounts for any reason, or under any circumstance.
8.6 Consequences of Termination
In the event of termination, Users found in violation of the User Agreement will not receive any credit or payment from ProfessionalBellyDancers.com.
Without limiting ProfessionalBellyDancers.com's other remedies, to the extent you are in violation of this User Agreement, you must pay ProfessionalBellyDancers.com for all fees owed to us and reimburse us for all losses and costs (including any and all ProfessionalBellyDancers.com employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
You and ProfessionalBellyDancers.com agree that the damages that ProfessionalBellyDancers.com will sustain as a result of actions that breach the User Agreement will be substantial, potentially including (without limitation) fines and other related expenses from its payment processors and Independent contractors, but may be extremely difficult and impracticable to ascertain. If you engage in such activities, then ProfessionalBellyDancers.com may fine you up to US $2,000.00 for each such violation and/or ProfessionalBellyDancers.com may take legal action against you to recover losses that are in excess of the amount charged. You acknowledge and agree that a fine up to US $2,000.00 is presently a reasonable pre-estimate or minimum estimate of ProfessionalBellyDancers.com's damages, considering all currently existing circumstances, including (without limitation) the relationship of the sum to the range of harm to ProfessionalBellyDancers.com that reasonably could be anticipated and the anticipation that proof of actual damages may be impractical or extremely difficult.
You agree that ProfessionalBellyDancers.com is entitled to deduct such charges directly from any existing balance in the offending Account, or any other ProfessionalBellyDancers.com Account owned by you.
Users that are terminated by ProfessionalBellyDancers.com on any basis other than violation of this User Agreement will be entitled to receive any payment due from ProfessionalBellyDancers.com.
In the event of termination, you will have no claim whatsoever against ProfessionalBellyDancers.com in respect of any such suspension or termination of your membership.
9.1 ProfessionalBellyDancers.com is Not a Party to Disputes
Any disputes regarding arrangements between Independent contractors and Clients remain solely between Clients and Independent contractors. We are not involved in any transactions between you and any other users of ProfessionalBellyDancers.com.
You acknowledge and agree that ProfessionalBellyDancers.com will not be a party to any such dispute.
If you have a dispute with any other users of the Site, you hereby release ProfessionalBellyDancers.com from any and all claims, demands, and damages, actual and consequential, of every kind and nature, known and unknown, that is related to such a dispute.
Your personal information will be processed by ProfessionalBellyDancers.com in order to fulfill the agreement with You, perform delivery of products etc. Furthermore, we will process your personal information for marketing of campaigns, offers, new products or services. Your personal information may also be transferred between ProfessionalBellyDancers.com and any associated entity within the ProfessionalBellyDancers.com organization. At such transfer, personal data may be transferred outside the EEC-area. By entering into this agreement, you hereby approve such processing of your personal information as set forth above, including processing of your personal identification number, and hereby give such consent as required by the Swedish Personal Data Protection Act (Sw. personuppgiftslagen 1998:204). The consent hereby given can in whole or in part be recalled by giving written notice to us. Should you choose to recall your consent, and such recall should make our due performance of the agreement or other obligations difficult, we reserve the right to immediately terminate the agreement. Should you require further information regarding our processing of your personal information, please contact us.
ProfessionalBellyDancers.com discloses sensitive personal information only if required to comply with legal obligations or with your consent.
11.1 Copyright of ProfessionalBellyDancers.com
The content and compilation of content included on the Site, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of ProfessionalBellyDancers.com and are protected by international copyright laws.
ProfessionalBellyDancers.com is not involved in the actual transaction between Independent contractors and Clients. Our Services, the Site and all content on it are provided on an as is basis and without warranties of any kind either express or implied. Without limiting the foregoing, ProfessionalBellyDancers.com does not represent or warrant that:
• the Site will be accurate, reliable, uninterrupted, secure or error-free; • defects in the Site will be corrected; • the Site or the server that makes it available are free of viruses or other harmful components.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
13.1 Limitation of liability
In no event shall ProfessionalBellyDancers.com, its affiliates or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
• any indirect, special, incidental or consequential damages that may be incurred by you; • any loss of income, business or profits (whether direct or indirect) that may be incurred by you; and • any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Site. • The limitations on ProfessionalBellyDancers.com's liability to you above shall apply whether or not ProfessionalBellyDancers.com, its affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this Agreement is intended to limit or exclude any liability on the part of ProfessionalBellyDancers.com and its affiliates and related entities where and to the extent that applicable law prohibits such exclusion or limitation.
13.2 Jurisdiction's Limitations
As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event, the liability will be limited as far as legally possible under the applicable legislation.
13.3 Bar to action
ProfessionalBellyDancers.com may plead this User Agreement in bar to any claim, action, proceeding or suit brought by you, against ProfessionalBellyDancers.com for any matter arising out of any transaction or otherwise in respect of this User Agreement.
You agree to indemnify and hold us and (as applicable) our related entities, affiliates, and our and their respective officers, directors, agents, and employees, harmless from and against any and all claims, demands, proceedings, losses and damages (actual, special and consequential) of every kind and nature, known and unknown, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement or your violation of any law or the rights of a third party.
You are responsible for all risks associated with payments or charges in foreign currencies (including, the risk that the value of these payments or charges will fluctuate as exchange rates change, which could result in decreases in the value of the charges or payments). You agree not to attempt to use the Site to engage in speculative trading, which could result in substantial losses. No advice is provided on the Site and nothing on the Site should be relied upon as such. Please note that the most readily available information on currency exchange rates is based on "interbank exchange rates". Interbank exchange rates are established in the course of currency trading among a global network of over 1,000 banks, and are not available through consumer or retail channels.
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this User Agreement, and to abide by and comply with this User Agreement.
The provisions of this User Agreement are severable, and if any provision of this Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This Agreement may be assigned by ProfessionalBellyDancers.com to a third party without your consent in the event of a sale or other transfer of some or all of the assets of ProfessionalBellyDancers.com. In the event of any sale or transfer you will remain bound by the User Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this clause shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
Please contact us to report violations of terms & conditions.