LAST UPDATED: Jul. 2014


Terms of Service


The Terms of this agreement (“The Terms of Service”) govern the relationship between all your use of any part of Fingerdance's ("Fingerdance," "we," "us," or "our") applications, games, content, activities, and related services (the "Services") which are made available by us via our web site at www.fingerdance.com (the "Site") or through other communication platforms, including third party social networking websites or your mobile phone, and whether or not you have registered for an account on our Site or for any of our Services: (A) YOU ("USER") REPRESENT THAT YOU ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW (THESE "TERMS") OR (B) IF YOU ARE BETWEEN THE AGES OF THIRTEEN (13) AND EIGHTEEN (18), YOU REPRESENT THAT YOUR LEGAL GUARDIAN HAS REVIEWED AND AGREED TO THESE TERMS. If you do not agree with all of these Terms, or you are not at least thirteen (13) years of age, or you are between the ages of thirteen (13) and eighteen (18) and your legal guardian does not agree with all of these Terms, please do not access or use the Site or Services.

Fingerdance reserves the right, at its sole discretion, to change, modify, add, remove or replace any of the features of the Terms of Service, and its Privacy Policy and additional guidelines, terms or conditions of this Agreement at any time which will be posted in connection with such features.

You should check this Agreement periodically for changes. You will be deemed to have accepted those changes by continuing to use the Service. If at any point you do not agree to any portion of the then-current version of our Terms of Service, the Fingerdance Privacy Policy, or any other Fingerdance policy, rules or codes of conduct relating to your use of the Service, your license to use the Service shall immediately terminate, and you must immediately stop using the Service.

Fingerdance may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.


1. LICENSE


(a) Subject to your compliance with these Terms, Fingerdance grants you a limited, non-exclusive, non-transferable, non-sublicense-able, revocable limited license to access and use the Services solely for your personal non-commercial entertainment purposes. You agree not to use the Services for any other purpose, commercial or otherwise;

(b) Any use of the Service in violation of these License is strictly prohibited, can result in the immediate revocation of your limited license and may subject you to liability for violations of law. You agree not to:
1. Use the Service for any purpose other than as expressly permitted by these Terms;
2. Use cheats, exploits, automation software, bots, hacks, mods or any unauthorized third-party software designed to modify or interfere with the Service;
3. Upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files or data, or any other similar software or programs that may damage the operation of the Services or other users' computers;
4. Disrupt, overburden, aid or assist in the disruption or overburdening of any computer or server (“Server”) used to offer or support the Service or any Fingerdance game environment;
5. Use the Services for fraudulent transactions or for any purpose that abuses, harms or violates any applicable local, state, national, or foreign laws, regulations, or treaties;
6. Post, publish, upload, transmit, distribute or disseminate any information that is abusive, threatening, defamatory, libelous, racially, vulgar, sexually, obscene, religiously, or otherwise objectionable or offensive;
7. Post advertisements or solicitations of business, advertise or offer to sell or buy any goods or services for any purpose through the Services, unless the Services on which you are playing specifically and expressly allow such messages and provided further that offers to buy or sell in-game items, if expressly permitted by Fingerdance, are limited to the forum or channel specified by Fingerdance for such offers;
8. Collect personal information (including attempting to obtain password or account information) about other users without their written consent, or impersonate or create a false identity;
9. Attempt to, advocate or incite harassment, abuse, or harm of another person, group, including Fingerdance employees andcustomer service representatives;
10. Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a Fingerdance employee;
11. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service or any Fingerdance game;

(c) As between the parties, Fingerdance shall own all title, ownership rights, and intellectual property rights in and to the Service, and any copies or portions thereof. In the event User submits any content, data or information to the Service, User represents and warrants that User has the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party);

(d) Fingerdance reserves the right to determine what conduct is considered to be in violation of the rules of use or otherwise outside the intent or spirit of these Terms of Service or the Service itself, and take action as a result, which may include terminating your account and prohibiting you from using the Service.


2. ACCOUNT AND SECURITY


(a) You may access the Services from our Site by registering for an account on our Site. You represent and warrant that all required registration or other information you submit is truthful, current, complete, and accurate and that you will, at all times, maintain the accuracy of such information;

(b) You must notify us immediately and modify your information. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge. You are solely responsible for maintaining the confidentiality of your information and the activities occurring under your account and you will be liable for any losses or damages incurred by Fingerdance or any third party due to someone else using your account;

(c) You shall not sell or give away your account, create an account using a false identity or information, or on behalf of someone other than yourself. Any distribution by you of your account or related information may result in immediate suspension and/or cancellation of your account without refund;

(d) You shall use your account only for non-commercial purposes. You shall not use the Service to advertise, or solicit, or transmit any commercial advertisements, including chain letters, junk or spam e-mail or repetitive messages to anyone;

(e) Fingerdance reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to claim by a third party that a username violates the third party’s rights. You shall not use the Service if you have previously been removed by Fingerdance, or previously been banned from playing any Fingerdance game;

(f) Fingerdance may provide, and you may access, the Services through third party social networking websites ("Third Party Affiliated Websites"). If you are accessing the Services through a Third Party Affiliated Website, you must be a registered member of that Third Party Affiliated Website and you must be in compliance with the terms and conditions applicable to that Third Party Affiliated Website in addition to these Terms. If you maintain more than one account on any Third Party Affiliated Website, you may access the Services from only one account on that Third Party Affiliated Website.


3. SECURITY


Security is a high priority for us, and we make reasonable efforts to protect your account through the design of our Site and Services, as well as through technical means, including the use of encryption and firewalls. However, no company, including Fingerdance, can fully eliminate security risks connected to handling data on the Internet and you acknowledge, understand and agree that we cannot and do not guarantee the security of your account or User Content, including your personal information, while it is transmitted over the Internet or stored on our Site or Services.


4. CONTENT


(a) (i)"Service Content" means the software, applications, games, text, graphics, images, sounds, video, and other material, information, or content, perceived, made available from, uploaded to, or otherwise transmitted on or through the Site or Services, excluding User Content but including accounts, characters, and Virtual Currency and Virtual Goods, created, acquired or developed as a result of game play; (ii)“User Content” means text, communications, graphics, images, sounds, video, and all other material, information, or content, uploaded to, or transmitted on or through, the Site or Services by you or other users, but excluding Feedback (including any feedback, response, comments, or suggestions you provide Fingerdance );

(b) By transmitting or submitting any Content while using the Service, you affirm, represent and warrant that such transmission or submission is (i) accurate and not confidential; (ii) not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content; (iii) free of viruses, adware, spyware, worms or other malicious code; and (iv) you acknowledge and agree that any of your personal information within such content will at all times be processed by Fingerdance in accordance with the Privacy Policy;

(c)Fingerdance assumes no responsibility for the conduct of any user submitting any User Content, and assumes no responsibility for monitoring the Service for inappropriate content or conduct. We do not, and cannot, pre-screen or monitor all User Content. Your use of the Service is at your own risk. You bear all risks associated with the use of any User Content, which you expose may be offensive, indecent or otherwise not in line with your expectations, available in connection with the Service;

(d) Subject to your compliance with these Terms, Fingerdance grants you a limited, non-exclusive, non-transferable, non-sublicense-able (except for your benefit to the owner of the third party website described below), revocable license to post your own character or any other Service Content that Fingerdance specifically and expressly gives you notice or specifies on the Site, may be posted on third party websites or your own website provided, however, that (i) you have expressed permission from the owner of the third party website to post such Service Content on such website; (ii) the third party website or your website where such Service Content is posted complies with all applicable laws; (iii) you post such Service Content in accordance with these Terms and such additional conditions as may be specified in our notice or on our Site where you were given permission for such postings; and (iv) neither the third party nor you obtain any right to such Service Content other than the license granted to you herein;

(e) We do not claim any ownership rights in any of your User Content. You hereby grant to us an non- exclusive, irrevocable, sublicense-able, transferable, worldwide, perpetual, fully-paid, and royalty-free license(including the right to sublicense and assign to third party), under all intellectual property and proprietary rights, to reproduce, modify, create derivative works of, publish, distribute, manufacture, license, sublicense, transfer, transmit, publicly display, publicly perform, use and exploit in any manner any and all of your User Content, including for commercial or promotional use. You also hereby grant to Fingerdance the unconditional, irrevocable right to use and exploit your name, likeness and any other information or material included in any User Content and in connection with any User Content, without any obligation to you;

(f) Fingerdance and its designees reserve the right, but not the obligation, to review, monitor, prohibit, edit, delate, refuse to post, or remove any User Content that we deem objectionable or that violates these Terms or the spirit of these Terms, in our sole discretion and determination. If you encounter something you find objectionable and in violation of these Terms, you may bring it to our attention by reporting it via email. We do not assume any responsibility or liability for User Content or other third party content provided on our Site or through the Services and you bear the entire risk of the completeness, accuracy or usefulness of such content;

(g) You are solely responsible for the information that you post on, through or in connection with the Service and that you provide to others. Fingerdance may reject, refuse to post or delete any User Content for any or no reason, including, but not limited to, User Content that in the sole judgment of Fingerdance violates these Terms of Service with or without notice. Except as prohibited by law, you waive any rights of attribution or any moral rights of publicity or privacy you may have in your User Content, regardless of whether your User Content is altered or changed in any manner.


5. FEES AND PURCHASE TERMS


(a)In the Service you may purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use (i) “virtual currency”, including but not limited to virtual gold, Appliance Funds and Loyalty, all for use in Fingerdance games; (ii) “virtual in-game items” (together with “virtual currency”, “Virtual Items”); and (c) other goods or services (“Merchandise”). You may also obtain a license to use Virtual Items by redeeming third party virtual currency such as Facebook Credits;

(b)You agree to pay all fees and applicable taxes incurred by you or anyone using an account registered to you. Fingerdance retains the absolute right to manage, regulate, modify, control or eliminate Virtual Currency, Virtual Items or Merchandise at its sole discretion. Prices and availability of Virtual Currency and Virtual Goods are subject to change without notice. Fingerdance shall have no liability to you or any third party in the event that Fingerdance exercises any such rights;

(c)You understand that you have no right or title in the virtual in game items or Virtual Currency. Your purchase of Virtual Currency, Virtual Items or Merchandise is final and is not refundable, exchangeable, and transferable, except in Fingerdance's sole discretion. You may not purchase, sell, redeem, or transfer Virtual Currency, Virtual Items or Merchandise to any person or entity, including but not limited to Fingerdance, another user or any third party. Doing so is a violation of the Terms and may result in termination of your account with the Service and/or legal action. You agree that all Virtual Goods and Virtual Currency purchased by you are forfeited if your account is terminated or suspended for any reason or if Fingerdance discontinues providing any or all portions of the Services;

(d) You may purchase virtual, in-game currency from Third Party Affiliated Websites (“Third Party Affiliated Website Credits”) in exchange for “real world” money. This is a transaction between you and the third party and Fingerdance is not a party. If you purchase Third Party Affiliated Website Credits, you are agreeing to such third party’s terms. Fingerdance is not responsible for any issues related to the services provided by such third party to you in connection with the purchase of Third Party Affiliated Website Credits. Once you have completed your purchase of Third Party Affiliated Website Credits, if explicitly authorized within the Services, you may redeem the Third Party Affiliated Website Credits for Virtual Currency or Virtual Goods offered in the Services hosted on such Third Party Affiliated Website. You understand that your rights and limitations with respect to Virtual Currency and Virtual Goods are subject to these Terms and remain unchanged notwithstanding your purchase of such Virtual Currency and Virtual Goods using Third Party Affiliated Website Credits.


6. THIRD PARTY PROMOTIONS AND LINKS


Our Sites or Services may contain advertisements and other promotional content of third parties including links to third party websites, some of which may invite you to participate in promotional offers in return for receiving optional Services or upgrades. Some of these third parties may charge separate fees, which are not included in any fees that you may pay to Fingerdance. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility. These third parties are not under our control. You acknowledge that we will not be liable for the content, goods, services, performance, operation, availability, business practices or policies. We are providing these third parties to you only as a convenience and we do not imply any endorsement or recommendation of their content, goods, or services, or of any association of us with such third parties. The third parties are subject to their own terms and policies, including privacy and data gathering practices .If you decide to access any of these third parties you do this entirely at your own risk.


7. DISCLAIMER OF WARRANTIES


Without limiting Fingerdance’s liability under section 8 below, the service is provided on an ‘as is’ and ‘as available’ basis for your use, without warranties of any kind, express or implied, including without limitation, implied warranties of merchant ability, fitness for a particular purpose, hits, non-infringement, and those arising from course of dealing or usage of trade. Fingerdance makes no warranty that you will be able to access or use the service at the times or locations of your choosing; that the service will be uninterrupted or error-free; that defects will be corrected; or that the game or the service are free of viruses or other harmful components. Your access and use of the site, services, and content thereon, is at your own risk. You are solely responsible for creating back ups of your user content.


8. LIMITATION OF LIABILITY


(a) To the maximum extent permitted by applicable law, Fingerdance will not be liable in any way for any claim, damage, cost, liability, or loss of any kind arising from or relate to (i) the use of or inability to use the site services, or content thereon, for any reason, including interruptions of the site or services caused by software or hardware failures or ISP disruption; or (ii) the loss or damage to characters, accounts, statistics, inventories, user content, game play, virtual currency, virtual goods, or other data or information, even if due to delays, non-deliveries, errors, system down time, mis-deliveries or service interruptions caused by us, or by your or by any other user’s errors or omissions;

(b) To the maximum extent permitted by applicable law, in no event will Fingerdance be liable to you or anyone else for any indirect, incidental, consequential, special, punitive or other similar damages, including but not limited or loss of revenues, lost profits, lost data or business interruption or other intangible losses( However such losses are qualified), arising from or relating to these terms, the site, the services, or any content thereon, even if Fingerdance has been informed of the possibility of such damage, and even of a remedy set forth herein is found to have failed of its essential purpose;

(c) Fingerdance’s aggregate cumulative liability to you arising from or relating to these terms, the site, the services, and content thereon, for any cause whatsoever, regardless of the form of the action, and even if a remedy set forth herein is found to have failed of its essential purpose, will at all times be limited to the greater of (i) fifty US dollars ($50) or (ii) amounts you’ve paid Fingerdance in the twelve (12) months preceding the date of the first claim giving rise to the liability. You acknowledge and agree that if you have not paid anything to Fingerdance during such time period, your sole remedy(and Fingerdance’s exclusive liability) for any dispute with Fingerdance is to stop using the service and to cancel your account;

(d) You agree that our suppliers will have no liability of any kind under or as a result of these terms or your use of the site, services, or content thereon.


9. MODIFICATION


Fingerdance reserves the right, at any time, to modify, suspend, or discontinue the Site or Services, including any content thereon, or any parts of the foregoing with or without notice. You agree that Fingerdance will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or Services, including any content thereon, or any parts of the foregoing with or without notice. And you understand that you shall not be entitled to any refund of fees for discontinuation of or changes to the Services.


10. TERMINATION


(a) You may terminate your account on our Site at any time and for any reason by issuing an email with the subject entitled "Termination of Account" to support@fingerdance.com. Notice will be deemed given when received by Fingerdance. You may terminate the use of the Services from a Third Party Affiliated Website by following the provisions in the terms and conditions applicable to that Third Party Affiliated Website;

(b) We reserve the right to limit, suspend, terminate, modify, or delete accounts or access to Fingerdance services or portions thereof if you are, or Fingerdance suspects that you are, failing to comply with any of these terms of service or for any actual or suspected illegal or improper use of the service, with or without notice to you. You can lose your user name and persona as result of account termination or limitation, as well as any benefits, privileges, earned items and purchased items associated with your use of the service, and Fingerdance is under no obligation to compensation you for any such losses or results;

(c) In the event your account or access to the Site or Services is terminated or suspended whether by you or by Fingerdance, you will not be entitled to any refund nor will any Virtual Currency or Virtual Goods be credited or reimbursed to you in any form, including cash, goods, or points, whether in the virtual or “real” world, and you will have no further right to access any of the foregoing or your account. If your account is terminated or suspended by us, we reserve the right to, and you agree that we may, terminate or suspend any of your other accounts and refuse to open future accounts for your use of the Services;

(d) Without limiting our other remedies, we may limit, suspend or terminate the service, user accounts or portions thereof, prohibit access to our games and sites, and their content, services and tools, delay or remove hosted content, and take technical and that they are creating risk or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our terms or policies. Additionally, we may, in appropriate circumstances and at our sole discretion, suspend or terminate accounts of users who may be repeat infringers or third party intellectual property rights;

(e)We reserve the right to terminate any account that has been inactive for 60 days. Termination of your account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.


11. INTELLECTUAL PROPERTY RIGHTS


User agrees that the site, services, content and materials delivered via the service are protected by copyright, trademark, service mark, patent, trade secret or other proprietary right and law from unauthorized use. Except as expressly authorized by Fingerdance in writing, user agrees not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such materials or content.


12. OWNERSHIP


All rights, title and interest in and to the Service (including without limitation any games, titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings of games played using a Fingerdance game client, and the Fingerdance game clients and server software) are owned by Fingerdance. Fingerdance reserves all rights, including without limitation, all intellectual property rights and other proprietary rights, in connection with its games and the Service.


13. EXCLUSIONS


Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for certain types of damages, so some of the above disclaimations or limitations may not apply to you. To the extent that Fingerdance may not, as a matter of applicable law, disclaim any warranty or limit its liability as set forth herein, the scope of such warranty and the extent of Fingerdance’s liability shall be the minimum permitted under such applicable law.


14. INDEMNIFICATION


You are responsible for all of your activity in connection with the Service. You agree to defend, indemnify, and hold Fingerdance harmless from and against any claim, demand, liability, loss, injury, damage, cost, or expense (including attorneys' fees) incurred by Fingerdance arising out of or related to (a) your access and use of the Site, Services, or content thereon, (b) your User Content, User Submissions, or (c) your violation or breach of any provision in these Terms of Service or (d) your violation of any rights of a third party, however the foregoing does not apply if the infringement of rights is not attributable to your intentional or negligent behavior.


15. DISPUTES


(a) You are solely responsible for your interactions with other users or the Service and any other parties with whom you interact through the Service or Fingerdance games. You agree that Fingerdance will not be responsible for any loss or damage incurred as the result of any such interactions. Fingerdance reserves the right, but has no obligation, to monitor disputes. If you have a dispute with one or more users of the Service, you shall and hereby does release Fingerdance (and its officers, directors, agents, subsidiaries, joint ventures and employees) 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 disputes.
If User is a California resident, User waives California Civil Code §1542, which states: "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."

(b) If a dispute arises between you and Fingerdance, we strongly encourage you to first contact us directly to seek a resolution by emailing us at support@Fingerdance.com. If you are a resident of the United States, these Terms of Service and any dispute arising out of or related to it or Privacy Policy or the Service shall be governed in all respects by California law, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fingerdance must be resolved exclusively by a court located in San Francisco, California. If you are a resident outside of the United States, you agree that all disputes between you and Fingerdance shall be governed by the laws of China, without regard to conflict of law provisions. You agree that any claim or dispute you may have against Fingerdance must be resolved exclusively by a court located in Beijing, China.


16. GENERAL PROVISION

16.1. WAIVER


The failure of Fingerdance to require or enforce any right or provision of these Terms or to respond to a breach by you or other parties shall not in any way waive its rights to enforce subsequently any terms or conditions of the Terms or to act with respect with similar breaches. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.

16.2. SEVERABILITY


You and Fingerdance agree that if any portion of these Terms of Service or of the Privacy Policy is found illegal or unenforceable, in whole or in part by any court of competent jurisdiction, such provision shall, as to such jurisdiction, be ineffective solely to the extent of such determination of invalidity or unenforceability without affecting the validity or enforceability thereof in any other manner or jurisdiction and without affecting the remaining provisions of the terms, which shall continue to be in full force and effect.

16.3. ASSIGNMENT


Fingerdance may assign or delegate these Terms of Service or the Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent.

Neither the rights nor obligations arising under these Terms can be assigned by you, and any such attempted assignment or transfer shall be void and without effect. We may assign these Terms without restriction.

These Terms of Service are the entire and exclusive agreement between Fingerdance and you regarding the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent,, including your use of the Site, Services, and content thereon, and these Terms supersede and replace any prior written or oral agreements regarding the foregoing.

16.5. MARKS


All trademarks, logos and service marks ("Marks") displayed on the Site or Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

16.6. FORCE MAJEURE


Fingerdance shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Fingerdance, including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Fingerdance’s control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

17. PRIVACY


We take the privacy of your personal data seriously. Fingerdance's current privacy policy is available at www.Fingerdance.com (the "Privacy Policy"), which is incorporated by this reference.

18. CONTACTING Us


If you have any questions, comments or concerns regarding our Terms of Service, please feel free to
contact us at support@fingerdance.com
© Fingerdance, 2014. All Rights Reserved.