Term
Dansa Terms and Conditions of Use
Last Updated: 01 May 2022
Please read these terms of use ("Agreement" or "Terms of Use") carefully before using the website and services offered by Dansa (“Dansa”). The Agreement sets out the legally binding terms and conditions for your use of the website at Dansa.com (the "Site") and all services provided by Dansa on the site.
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referred to here and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are sellers, customers, merchants, contributors of content, information and other materials or services on the Site. Failure to use the Site or Services in accordance with these Terms may subject you to civil and criminal penalties.
Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy policy.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
WHAT IS DANSA?
Dansa provides an online platform that connects both professional and amateur artists with clients requiring talents for live events, recording or other purposes. Artists can supply a profile on the platform which outlines their skill set and advertises services they are able to provide (collectively, the “Services”). These profiles are made available through the Site and any Dansa mobile applications (which shall fall under these terms).
We reserve the right to remove customers or sellers that do not fall within this framework at any time.
Dansa cannot guarantee the true identity, age, and nationality of a user or the accuracy of any information on a user’s profile on the Site and encourages you to communicate directly with potential transaction partners through the tools available on the Site.
By accepting a job offer and entering into a contract with a customer, an artist acknowledges that he or she is responsible for the legal status of their working activities. Dansa will not be held responsible by either party for artists who are restricted from working in the country a job is posted or listed in. Dansa recommends that both artists and customers carry out such checks as may be necessary to ensure that the fulfillment of a booking will not be in breach of any applicable laws.
You agree that Dansa is a marketplace and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Dansa. You use the Dansa service at your own risk.
HOW DANSA’S SERVICES WORK
The Site, Application and Services can be used to facilitate the listing and booking of opportunities for artists and entertainment industry professionals and amateurs. You may view Listings and Artists as an unregistered visitor to the Site, Application and Services; however, if you wish to book an artist or apply for a Listing, you must first register to create an Dansa Account (defined below).
As stated above, Dansa makes available an online platform or marketplace with related technology for Artists and Clients to meet online and arrange for bookings of activities directly with each other. Dansa is not an owner, operator or provider of artist services and Dansa does not own, manage and/or control artists or licences. Unless explicitly specified otherwise in the Dansa platform, Dansa’s responsibilities are limited to: (i) facilitating the availability of the Site, Application and Services and (ii) in some cases serving as the limited payment collection agent of each Artist for the purpose of accepting payments from Clients on behalf of the Artist.
MODIFICATION
Dansa reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated Date" at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
ACCEPTABLE USE
You must not: use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website; use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; access or otherwise interact with our website using any robot, spider or other automated means; violate the directives set out in the robots.txt file for our website; or use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
You must not use data collected from our website to contact individuals, companies or other persons or entities, except through the on-site messaging facilities provided.
You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current and non-misleading.
Your use of external services (e.g. Google Maps APIs) embedded within the Site is subject to the external provider’s terms of use.
MEMBERSHIP ELIGIBILITY
Age: Dansa's services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. You represent and warrant that all registration information you submit is accurate and truthful. Dansa may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Dansa's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Dansa, each of which may be updated by Dansa from time to time without notice to you.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Dansa of any unauthorised use of your password or any breach of security. You also agree that Dansa cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and/or password information to any other party other than Dansa without Dansa's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email and address.
Account Transfer: You may not transfer or sell your Dansa account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Account Ownership: Dansa members may only hold and operate one active account at any one time and the account must only be operated by the named account holder. If a secondary account is required then the member must request prior written permission from Dansa. Dansa reserves the right to reject any such request and may, at its discretion, terminate additional accounts or accounts being operated by a person other than the named account holder without prior warning.
Feedback: Dansa takes feedback integrity seriously. Members may offer small incentives for general feedback; however, manipulation and/or bribery is not tolerated. This includes feedback from a related account, offering incentives/bribes in return for specific feedback. The Dansa team reserve the right to remove any feedback which it suspects has been posted as a result of such manipulation or bribery and may close the account to which it relates.
Right to Refuse Service: Dansa reserves the right to refuse service to anyone at any time. Dansa's services are not available to temporarily or indefinitely suspended Dansa members. Dansa reserves the right, in Dansa's sole discretion, to cancel unconfirmed or inactive accounts.
Dansa reserves the right to suspend or remove without notice the account of any member conducting abusive behaviour towards any other user of the Site or any employee of Dansa.
In order to access certain features of the Site and Application, and to apply for any Listing, you must register to create an account ("Dansa Account") and become a Member. You may register to join the Services directly via the Site or Application.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Dansa Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Dansa through the Site, Services or Application; or (ii) allowing Dansa to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Dansa and/or grant Dansa access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Dansa to pay any fees or making Dansa subject to any usage limitations imposed by such third-party service providers. By granting Dansa access to any Third-Party Accounts, you understand that Dansa will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your Dansa Account and Dansa Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Dansa Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Dansa's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Dansa Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Dansa makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Dansa is not responsible for any SNS Content.
Your Dansa Account and your Dansa Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above.
NO ENDORSEMENT
Dansa does not endorse any Member or any Artist. Members are required by these Terms to provide accurate information, and although Dansa may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Dansa about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to book an Artist or to accept a booking request from a Client, or to have any other interaction with any other Member. We are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Dansa with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by an Artist against Dansa regarding the remittance of payments received from a Client by Dansa on behalf of an Artist, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
Fee Avoidance: The price stated in each booking Listing, enquiry or application description must be an accurate representation of the sale. Members may not alter prices to avoid fees in any way. You may not alter the booking price after a sale for the purpose of avoiding Dansa transaction fees, misrepresent the event’s location, or use another user's account without permission. You may not artificially adjust expenses on the booking to alter Dansa’s fee. Sellers may not encourage buyers to purchase services listed on Dansa outside of the Dansa site, such as directly through their own website. This may also constitute fee avoidance.
INJURY & DAMAGE TO INSTRUMENTS OR EQUIPMENT
Dansa will not be liable for any injury to persons or damage to instruments or equipment resulting from a booking through the Site or Application. We encourage artists to check, and if necessary purchase, their insurance policy before performing any Services. Dansa is not party to any disagreement between Clients and Artists regarding claims for damages of any form.
YOUR CONTENT
You warrant and represent that your content will comply with these terms and conditions.
Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law). Your content, and the use of your content by us in accordance with these terms and conditions, must not: be libellous or maliciously false; be obscene or indecent; infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right; infringe any right of confidence, right of privacy or right under data protection legislation; constitute negligent advice or contain any negligent statement; constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity; be in contempt of any court, or in breach of any court order; be in breach of racial or religious hatred or discrimination legislation; be in breach of official secrets legislation; be in breach of any contractual obligation owed to any person; depict violence in an explicit, graphic or gratuitous manner; be pornographic or sexually explicit; be untrue, false, inaccurate or misleading; consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage; constitute spam; be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory.
Your content must not contain or transmit any code of a destructive nature that may damage, interfere with, intercept or expropriate any system, data or personal information.
Your content must not modify, adapt or hack Dansa or modify another website so as to falsely imply that it is associated with Dansa; furthermore, you must not list any Services on Dansa (or conclude any transaction that was initiated using Dansa's service) that, by paying to Dansa a commission fee, could cause Dansa to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
LIMITATIONS AND EXCLUSIONS OF LIABILITY
Nothing in a contract under these terms and conditions will: limit or exclude any liability for death or personal injury resulting from negligence; limit or exclude any liability for fraud or fraudulent misrepresentation; limit any liabilities in any way that is not permitted under applicable law; or exclude any liabilities that may not be excluded under applicable law.
To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature. We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.
We will not be liable to you in respect of any loss or corruption of any data, database or software.
We will not be liable to you in respect of any special, indirect or consequential loss or damage. You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).
BREACHES OF THESE TERMS AND CONDITIONS
Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may: send you one or more formal warnings; temporarily suspend your access to our website; permanently prohibit you from accessing our website; block computers using your IP address from accessing our website; contact any or all of your internet service providers and request that they block your access to our website; commence legal action against you, whether for breach of contract or otherwise; and/or suspend or delete your account on our website.
Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account).
PROHIBITED, QUESTIONABLE AND INFRINGING ITEMS AND ACTIVITIES
You are solely responsible for your conduct and activities on and regarding to Dansa and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links that you submit, post, and display on Dansa.
CONTENT
License: Dansa does not claim ownership rights in your Content. You grant Dansa a licence solely to enable Dansa to use any information or Content you supply Dansa with so that Dansa is not violating any rights you might have in that Content. You grant Dansa a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow Dansa to store or re-format your Content on Dansa and display your Content on Dansa in any way as Dansa chooses. Dansa will only use personal information in accordance with Dansa's Privacy Policy.
By uploading Content to Dansa you promise that you own and/or have the right to use such Content in this manner and that such Content does not infringe any third party intellectual property rights. In the event that Dansa receives a complaint in respect of any Content posted by you it shall be your sole responsibility to deal with such a complaint and to compensate Dansa for any loss suffered. Dansa reserves the right to remove any such Content immediately.
Re-Posting Content: By posting Content on Dansa, it is possible for an outside website or a third party to re-post that Content. You agree to hold Dansa harmless for any dispute concerning this use.
Idea Submissions: Dansa considers any (unsolicited or otherwise) suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content) (collectively, the "Material") to be non-confidential and non-proprietary, and Dansa shall not be liable for the disclosure or use of such Material. If, at Dansa's request, any member sends Material to improve the site (for example to customer support), Dansa will also consider that Material to be non-confidential and non-proprietary and Dansa will not be liable for use or disclosure of the Material. Any communication by you to Dansa is subject to this Agreement. You hereby grant and agree to grant Dansa, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the systems, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
INTERACTIONS WITH OTHER USERS AND PRIVATE MESSAGING
Users are solely responsible for interactions with others. Users understand that Dansa does not in any way screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
Messaging is your way to communicate privately with booking clients and other Dansa members. It’s essentially email, but purely for Dansa members and clients. Messages are primarily intended for communicating about transactions and bookings that are underway.
You must not use Messages to send unsolicited advertising or promotions, or "spam”. You must not pass on email addresses or any other information on to third parties. Spamming other members in order to ask them to ‘follow’ your own profile will not be tolerated. Please use common sense when giving out personal information to others via messaging, for example don’t send someone your credit card details. You must not use messages to knowingly harass, threaten, blackmail or abuse another member. If someone explicitly tells you not to contact them, you must not use Messages to contact them again, unless you are involved in an open transaction. You must not use Messages to interfere with a transaction. This means: You must not contact another member to buy or sell a service listed on Dansa outside of the Dansa site. This may also constitute fee avoidance. You must not communicate with a member involved in an active or completed transaction to warn the member away from a particular buyer, seller or Service. As an anti-spam measure, sending too many messages too quickly may auto-disable your account. Contact Dansa who will review account activity and enable your account if spam-free.
Dansa may from time to time moderate the content of messages for the security of our members. By using our messaging service you give us permission to check messages for inappropriate or abusive content, or information which may constitute fee avoidance. These checks will only be carried out by trusted members of the Dansa team. We will never share, sell or distribute in any way the content of your private messages.
INFORMATION CONTROL
Dansa does not control the Content provided by users that is made available on Dansa. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretence.
Additionally, there may also be risks dealing with international trade. By using Dansa, you agree to accept such risks and that Dansa (and Dansa's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any acts or omissions of users on Dansa. Please use caution, common sense, and practice safe buying and selling when using Dansa.
Other Resources: Dansa is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Dansa does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Dansa shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources or via pop ups which may appear when accessing the Site from your computer.
RESOLUTION OF DISPUTES AND RELEASE
In the event a dispute arises between you and Dansa, please contact Dansa.
Any dispute arising from or relating to the subject matter of this Agreement shall be subject to the exclusive jurisdiction of the courts of Germany. Use of the Site is not authorised in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section.
Should you have a dispute with one or more users, or an outside party, you release Dansa (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Dansa, for the benefit of users, may try to help users resolve disputes. Dansa does so in its sole discretion, and it has no obligation to resolve disputes between users or between users and outside parties. To the extent that Dansa attempts to resolve a dispute it will do so in good faith based solely on its this agreement and its policies. Dansa will not make judgments regarding legal issues or claims and some disputes related to financial transactions may ultimately be determined by PayPal or another 3rd Party.
DANSA’S INTELLECTUAL PROPERTY
Dansa, and other Dansa graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks or trade dress of Dansa. Dansa's copyright, trademarks, service marks, logos, business name, domain name, rights in get up and trade dress and all other intellectual property rights may not be used, including without limitation as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
BREACH
Without limiting any other remedies, Dansa may, without notice, and without refunding any fees, delay or immediately remove Content, warn Dansa's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: Dansa suspects a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; Dansa is unable to verify or authenticate any of your personal information or Content; Dansa believes that a user is acting inconsistently with the letter or spirit of Dansa's policies and/or this Agreement, has engaged in improper or fraudulent activity in connection with Dansa or the actions may cause legal liability or financial loss to Dansa's users or to Dansa.
PRIVACY
Except as provided in Dansa's Privacy Policy Dansa will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent.
NO WARRANTY
Dansa, officers, directors, employees, and suppliers provide Dansa’s web site and services "as is" and without any warranty or condition, express, implied or statutory. Dansa, its officers, directors, employees and suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. In addition, no advice or information (oral or written) obtained by you from Dansa shall create any warranty.
LIMITED LIABILITY
In no event shall Dansa, and (as applicable) its officers, directors, employees or suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, Dansa’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
Dansa’s liability, and (as applicable) the liability of Dansa’s officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to Dansa in the 12 months prior to the action giving rise to liability, or (b) €100.
INDEMNITY
You agree to indemnify and hold Dansa and (as applicable) Dansa’s affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your breach of any law or the rights of a third party.
NO GUARANTEE
Dansa does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Dansa's control or otherwise.
SEVERABILITY
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
NO AGENCY
You and Dansa are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
DANSA SERVICE
Dansa reserves the right to modify or terminate the Dansa service for any reason, without notice, at any time. Dansa reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If Dansa makes a material change Dansa will notify you here, or by email, or by means of a notice on our home page, or other places Dansa deems appropriate. What constitutes a "material change" will be determined at Dansa's sole discretion, in good faith, and using common sense and reasonable judgment.
CHOICE OF LAW
This Agreement shall in all respects be interpreted and governed by the laws of Germany.
NOTICES
Except as explicitly stated otherwise, any notices shall be given by post to Dansa; Sassenburger Weg 4a 22147 Hamburg, Germany (in the case of Dansa) or, in your case, to the email address you provide to Dansa (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Dansa may give you notice by post to the address provided to Dansa. In such case, notice shall be deemed given three days after the date of posting.
Please note that Dansa will deal with all complaints (on valid receipt of your notice) as soon as they can and within a reasonable timeframe.
For issues with intellectual property, please provide the notice as specified in Dansa's IP Policy.
DISCLAIMERS
If you choose to use the site, application, services or collective content or participate in the referral program, you do so at your sole risk. You acknowledge and agree that Dansa does not have an obligation to conduct background or registered sex offender checks on any member, including, but not limited to, clients and artists, but may conduct such background or registered sex offender checks in its sole discretion. The site, application, services, collective content and referral program are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, Dansa explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. Dansa makes no warranty that the site, application, services, collective content, including, but not limited to, the listings or any services, or the referral program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Dansa makes no warranty regarding the quality of any listings, services, artists, clients, your accrual of Dansa credits, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, application, services or referral program.
No advice or information, whether oral or written, obtained from Dansa or through the site, application, services or collective content, will create any warranty not expressly made herein.
You are solely responsible for all of your communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, any artists or clients. You understand that Dansa does not make any attempt to verify the statements of users of the site, application or services or to review any services. Dansa makes no representations or warranties as to the conduct of users of the site, application or services or their compatibility with any current or future users of the site, application or services. You agree to take reasonable precautions in all communications and interactions with other users of the site, application or services and with other persons with whom you communicate or interact as a result of your use of the site, application or services, including, but not limited to, clients and artists, particularly if you decide to meet offline or in person regardless of whether such meetings are organised by Dansa. Notwithstanding Dansa’s appointment as the limited payment collection agent of the artists for the purpose of accepting payments from clients on behalf of the artists, Dansa explicitly disclaims all liability for any act or omission of any client or other third party.
INDEMNIFICATION
You agree to release, defend, indemnify, and hold Dansa and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of any Services, or (iii) creation of a Listing; (d) the use of Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a booking; and (e) your participation in the Referral Program or your accrual of any Dansa Credits.
DISCLOSURES
The services hereunder are offered by Dansa, located at Sassenburger Weg 4a 22147 Hamburg, Germany.
ASSIGNMENT
You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions. You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
THIRD PARTY RIGHTS
A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.