Terms of Service

Last Updated: 12/23/2023

Introduction

Welcome to Dancing Chicken Media (“DCM”). These Terms of Service (“Terms”) govern your access to and use of our services, websites, and applications (collectively, “Services”). By accessing or using the Services, you agree to be bound by these Terms.

1. Acceptance of Terms

  • Binding Agreement: By using the Services, you enter into a binding agreement with DCM and agree to these Terms, including any policies referenced herein.
  • Eligibility: You affirm that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to do so.

2. Modification of Terms

  • Updates and Changes: DCM reserves the right to modify or replace these Terms at any time. Any changes will be effective immediately upon posting.
  • Notification: While we will attempt to notify users of significant changes, it is your responsibility to review these Terms periodically. Your continued use of the Services after any changes constitutes acceptance of the new Terms.

3. User Accounts and Conduct

  • Account Creation: You may need to create an account to access certain features of the Services.
  • Responsibility: You are responsible for safeguarding your account information and for all activities that occur under your account.
  • Acceptable Use: You agree not to misuse the Services or help anyone else do so.

4. Intellectual Property Rights

  • Ownership: All intellectual property in the Services, including software, text, graphics, and logos, remains the property of DCM or its licensors.
  • Use of Content: Any use of DCM’s intellectual property other than as specifically authorized herein is strictly prohibited.

5. User Content

  • License Grant: By submitting user-generated content, you grant DCM a worldwide, perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, and display such content.
  • Content Responsibility: You are solely responsible for the content you provide and the consequences of posting or publishing it.

6. A2P Messaging Compliance

  • Consent and Communication: You consent to receive A2P messages (transactional and marketing) from DCM as part of the Services.
  • Opt-Out Options:
    • Unsubscribe via email links.
    • Reply ‘STOP’ to SMS messages.
    • Request removal through customer service.
  • Transactional Messages: Opting out of marketing communications does not preclude you from receiving essential service-related messages.

7. Privacy and Cookies

  • Data Handling: We collect and use your information in accordance with our Privacy Policy.
  • Cookies: Our Services use cookies and similar technologies for functionality and performance improvement.

8. Third-Party Links and Content

  • External Sites: The Services may contain links to third-party websites, which are not under DCM’s control.
  • No Endorsement: We do not endorse or assume any responsibility for any such external sites or resources.

9. Disclaimer of Warranties

  • No Warranties: The Services are provided “as is” and “as available” without any warranties, express or implied.
  • Service Availability: We do not warrant uninterrupted or error-free operation of the Services.

10. Limitation of Liability

  • Limitation Clause: DCM shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses.

11. Indemnification

  • Indemnity: You agree to defend, indemnify, and hold harmless DCM, its affiliates, officers, directors, employees, and agents, 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 your access to or use of the Services or your violation of these Terms.

12. Governing Law and Jurisdiction

  • Governing Law: These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where DCM is located.
  • Jurisdiction: Any legal actions against DCM must be commenced in the state or federal courts located in DCM’s jurisdiction.

13. Termination

  • Termination Rights: DCM may terminate or suspend your access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

14. General Provisions

  • Entire Agreement: These Terms constitute the entire agreement between you and DCM regarding the Services and supersede all prior agreements.
  • No Waiver: The failure of DCM to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15. Contact Information

  • Inquiries and Feedback: For questions about these Terms, please contact us at contact@dancingchickenmedia.com.

16. Acknowledgment and Agreement

  • Confirmation: By using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, including the A2P messaging provisions.

17. Refund Policy

  • No Refunds: Dancing Chicken Media (“DCM”) maintains a strict no refund policy. By using our Services, you acknowledge and agree that once you have made a purchase or transaction through DCM, it is final and you will not be eligible for a refund under any circumstances. This includes, but is not limited to, dissatisfaction with the Services, accidental purchases, or a change in your circumstances.
  • Acknowledgment of Policy: Before completing any purchase or transaction with DCM, you will be required to expressly agree to this no refund policy. This agreement will be facilitated through a clear, affirmative action, such as checking an “I Agree” box that specifically mentions the no refund policy, to ensure that your consent is informed and unambiguous.
  • Legal Compliance: Our no refund policy is designed to be in compliance with the applicable laws and regulations of the jurisdictions in which we operate. We encourage you to thoroughly review this policy and understand your rights and obligations before making a purchase.
  • Customer Support: If you have questions or concerns about this policy or any aspect of our Services, please contact our customer support team at contact@dancingchickenmedia.com. We are committed to providing quality service and support to assist you with your inquiries.
  • Policy Acceptance: Your continued use of the Services, following the making of any purchase or transaction, confirms your understanding and acceptance of this policy. If you do not agree with this no refund policy, please refrain from using our Services.

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