iDancer - Terms of Service (TOS) | End User License Agreement (EULA)

Last Modified on May 25th, 2018

iDancer (the "Product") is a free to install, desktop enhancement software featuring dancers dancing in synch with the music, in video incrusted on a computer desktop, developed and operated by Totem Entertainment a French sarl ("Totem"), using the DesktopWare technology ("The Technology"). For purposes of this License Agreement (defined below), "you" and "your" mean the user of the computer on which the Product will be or has been installed.

PLEASE READ THIS END USER LICENSE AGREEMENT AND TERMS OF USE (THIS "EULA" OR "LICENSE AGREEMENT") CAREFULLY. BY CLICKING THE "ACCEPT" BUTTON BELOW OR INSTALLING OR USING THE SOFTWARE AND THE TECHNOLOGY (THE "SOFTWARE"), YOU AGREE THAT THIS LICENSE AGREEMENT IS ENFORCEABLE LIKE ANY WRITTEN CONTRACT SIGNED BY YOU. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS LICENSE AGREEMENT, CLICK ON THE BUTTON THAT INDICATES THAT YOU DO NOT AGREE TO ACCEPT THE TERMS OF THIS LICENSE AGREEMENT, AND DO NOT COMPLETE INSTALLATION OF THE SOFTWARE. BY ENTERING INTO THIS LICENSE AGREEMENT, YOU REPRESENT THAT YOU ARE AN ADULT AND HAVE THE LEGAL CAPACITY TO ENTER INTO A CONTRACT IN THE JURISDICTION WHERE YOU RESIDE.

ABOUT YOUR PRIVACY AND INFORMATION WE COLLECT

We collect the following information from you:

1. Information you explicitly provide to us by completing a form on our website
2. Information that is automatically collected by us when you visit our website

We use this information for our own internal purposes, which are more fully explained below. We do not share your information with any other parties, unless it is necessary to do so to comply with state and federal laws. For the purposes of this Privacy Statement, the term "other parties" shall not include any affiliate of Totem Core Ltd, including, without limitation, its parent, subsidiaries, successor or assigns or any entity merged into or with Totem Core Ltd (if any).

Information You Explicitly Provide

Registration Forms. We use registration forms which allow our customers to register certain information about themselves with us. Through this registration form, we collect your contact information (like your name and physical and/or e-mail addresses). The contact information we collect is used for our own internal tracking purposes - identification, product selection and evaluation. We also retain certain portions of your contact information for our internal records.

Email address.

We use a double opt-in system sending you an email to confirm you want to receive further communication from us when you provide us with your email address.

Information We Automatically Collect

IP Addresses. When you connect to the Internet, your computer has a unique identification code called an "IP address." Depending on the way you access the Internet, you may have a different IP address each time you connect, or your IP address may be the same each time. We log the IP addresses of users who visit our website. We use your IP address for system administration purposes, such as to help diagnose problems with our server. In addition, we may use your IP address to help identify you and to gather broad demographic information about you and the rest of the users who visit our website.

Your actions.

When you use the software or the website, we record in our databases each installation of the software, each connection of the software to our servers, each reload of your account, each purchase of a card, each participation to a promotion, each post on the forum or commentary on a card and each interaction with our customer service.

Informations transmitted by third party billers.

When you use reload your account via a third party biller we record the information forwarded to us by the billing company such as your first and last name, your email address and the transaction you made.

Google Analytics.

Our website uses Google Analytics, a web analytics service provided by Google, Inc. ("Google"). The information generated by the cookie about your use of our website (including your IP address) will be transmitted to and stored by Google. Google will use this information for the purpose of evaluating your use of our website and giving us reports on website activity.

Disclosure of Information

Generally We may provide aggregate information about customers, sales, website traffic patterns and related website information to our affiliates, including without limitation our parent, subsidiaries, successors and assigns or any entity merged into or with Totem Core Ltd (if any). As permitted by law, we may from time to time use your personal information to make you aware of additional products and services generally, which may be of interest to you. We never resell, trade, lease or rent your personal information.

Legally Compelled Disclosure of Information.

We may disclose any and all information when legally compelled to do so, in other words, when we, in good faith, believe that the law requires it or if disclosure is necessary to protect our legal rights.

How We Protect Personal Information

Totem Core Ltd takes reasonable measures to protect your personal information from unauthorized access through the use of network firewalls, physical security, and use and access policies for employees. The security measures in place, at our physical premises and on this website, aim to protect against the loss, misuse or unauthorized alteration of the information provided to us.

I. LIMITED USE LICENSE

Subject to the terms and conditions of this License Agreement and your agreement therewith, including without limitation payment of all applicable license fees, Totem Entertainment hereby grants to you and you hereby accept a limited, non-exclusive, non-transferable license to internally install and execute solely as a component of the Product (i) the Software and related content; and (ii) any Software upgrades, patches, subsequent versions, and updates (collectively, "Updates") licensed to you by Totem Entertainment. The Software, The Technology and the Product are provided for your individual, non-commercial, entertainment purposes only. Except as may be expressly permitted by Totem Entertainment, you may not sell, copy, exchange, transfer, publish, assign or otherwise distribute anything you copy or derive from the Software or the Product. The Program is licensed and your license confers no title or ownership in the Program. You may not install The Product or use it on more than two computers at a time, except if expressly authorised by Totem Entertainment. You may not make any commercial use of The Product, except if expressly authorised by Totem Entertainment.

II. SCOPE OF USE

Your license to use the Product is conditioned on the following license restrictions, and any use of the Product in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement and is unlicensed. You may use one copy of the Product activated by a valid account up to two personal devices owned, or otherwise controlled by you, at a single time. Any use of the Software in violation of the license limitations set forth below is an unauthorised use of the Product outside of the license granted to you in Section I, and will be regarded as an infringement of the copyrights Totem Entertainment holds in and to the Software and the Product.

You agree that you will not, under any circumstances:

1. Sell, lease, rent, loan or otherwise transfer the Software, or grant a security interest in or transfer reproductions of the Software or the Product, to a third party;
2. Copy, reproduce, translate, reverse engineer, decompile, derive source code from, or disassemble, in whole or in part, the Software or the Product, or create derivative works based on the Product.
3. Modify or cause to be modified any files that are part of the Software in any way not expressly authorised by Totem Entertainment;
4. Make use of, or cause any other person or entity to make use of, the Software or the Product for any commercial purpose, including but not limited to use in bars, clubs and other commercial ventures. COMMERCIAL USE IN BAR, PARTIES AND OTHER COMMERCIAL VENTURES REQUIRES A PROFESSIONAL LICENSE.
5. Use any unauthorised third-party programs that interact with the Software in any way, or that intercept, emulate or redirect any communication between the Software and Totem Entertainment, unless expressly authorised by Totem Entertainment;

III. LICENSE FEE

The Product will be available to you for use upon the creation of a user account by Totem Entertainment. Upon acceptance of this Agreement, you may obtain a user account by paying the requisite license fees, using the procedure set forth on iDancer web site. The license fees paid by you are paid in consideration of the license granted under this Agreement. License sales are final and Totem Entertainment does not refund license fees under any circumstances. By accepting this Agreement you fully understand that once license fee payment is made to Totem Entertainment you will have no recourse for receiving a refund of any part of the fees.

IV. OWNERSHIP

1. All rights and title in and to the Software and the Product, and all content included therein (including, without limitation, accounts, computer code, photo, audio and video content) are owned by Totem Entertainment or its licensors. The Software and the Product and all content therein are protected by French and other international intellectual property laws. Totem Entertainment and its licensors reserve all rights in connection with the Software and the Product, including, without limitation, the exclusive right to create derivative works therefrom, and you agree that you will not create any work of authorship based on the Product except as expressly permitted by Totem Entertainment.
2. To download, install the Product and create an associated account you need to purchase it online through the website “Get Started" section.
3. Price and availability of the Product are subject to change without notice. You are solely responsible for verifying that you paid the proper amount for the product, so please notify Totem Entertainment immediately should you believe that a mistake has been made with respect to your payment. Totem Entertainment will investigate your claim, and in doing so, may request some additional information and/or documentation to verify your claim. Totem Entertainment will let you know the results of the investigation, however, you acknowledge and agree that Totem Entertainment has sole and absolute discretion in determining whether or not your claim is valid, and if so, the appropriate remedy.
4. When using the Product, you may purchase in-Product content associated with your Account, including, without limitation, Dancers, Photos, Videos ("Product Content") that reside on servers operated by Totem Entertainment as data. You acknowledge and agree that you shall have no ownership or other property interest in any of those Product Content but a limited, non-exclusive, non-transferable license to download and watch the Product Content associated with the Cards. Totem Entertainment does not provide or guarantee, and expressly disclaims any value, cash or otherwise, attributed to any data residing on servers operated by Totem Entertainment, including without limitation the Product Content associated with your Account.
5. For all aspects of the Product that require you to pay a fee, you agree that you will provide accurate and complete payment information to the third-party payment provider used by Totem Entertainment. You further agree to pay all fees and applicable taxes incurred by you or anyone using an Account registered to you. Totem Entertainment may revise the pricing for the Product or any item associated therewith at any time. All fees and charges are payable in accordance with payment terms in effect at the time the fee or the charge becomes due and payable. Totem Entertainment may, from time to time, modify, amend, or supplement its fees and fee-billing methods, and such changes shall be effective immediately upon posting in this Agreement or elsewhere on the Site or in the Product.

YOU ACKNOWLEDGE AND AGREE THAT ANY APPLICABLE FEES AND OTHER CHARGES FOR FEE-BASED SERVICES (INCLUDING WITHOUT LIMITATION CREDITS) ARE PAYABLE IN ADVANCE AND NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE FULLY LIABLE FOR ALL CHARGES TO YOUR ACCOUNT, INCLUDING ANY UNAUTHORISED CHARGES.

V. ACCOUNT INFORMATION

1. You will be requested to provide additional information in order to complete a purchase, such as your name, full address, credit card information or other payment information as appropriate to the selected payment method. Totem Entertainment solely relies on third party payment providers for purchases and do not store any credit card information.
2. In creating an Account, you will be given a unique username and password, which you will use each time you access the Product. You may not share your Account with anyone other than as expressly set forth herein, and you are entirely responsible for maintaining the confidentiality of your username and password and for any and all activities (including purchases and charges, as applicable) that are conducted through your Account. Please notify Totem Entertainment immediately if you become aware of any breach of security, including any loss, theft or unauthorised disclosure of your username and password.
3. The Account supplied to you is personal to you, and Totem Entertainment does not recognise and expressly forbids the transfer of user Accounts. You shall not purchase, sell, gift or trade any Account, or make any such offer, and any attempt shall be null and void. Any distribution by you of your Account and/or your username and password (except as expressly provided herein or otherwise explicitly approved of by Totem Entertainment) may result in suspension or termination of your Account.
4. Suspension/Termination: By Totem Entertainment.Totem Entertainment RESERVES THE RIGHT TO SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AT ANY TIME FOR ANY REASON OR NO REASON, WITH OR WITHOUT NOTICE TO YOU, AND WITH NO LIABILITY OF ANY KIND TO YOU. Accounts terminated by Totem Entertainment shall not be reinstated under any conditions whatsoever. You may terminate your Account at any time, for any reason or no reason, by contacting Totem Entertainment.

VI. LINKS

The Site may contain links to websites operated by other parties. Totem Entertainment provides these links to you as a convenience, use of these links and the external websites are at your own risk. The linked sites are not under the control of Totem Entertainment, and Totem Entertainment is not responsible for the content available on the other sites. Such links do not imply endorsement by Totem Entertainment of information or material on any other site, and Totem Entertainment disclaims all liability with regard to your access to and use of such linked websites.

VII. UPDATES AND MODIFICATIONS

1. Totem Entertainment may provide Updates to the Software that must be installed for you to continue to play the Product. Each time you launch the Software to play the Product, you hereby give your consent to Totem Entertainment to remotely install any Updates to the Software that resides on your computer, with or without additional notification to you.
2. Totem Entertainment reserves the right, in its sole and absolute discretion, to revise, update, change, modify, add to, supplement, or delete certain terms of this License Agreement as the Product and the law evolve; provided, however, that material changes to this License Agreement will not be applied retroactively. Such changes will be effective with or without prior notice to you. You can review the most current version of this License Agreement by clicking on the "EULA" link located at the bottom of the Site. You are responsible for checking this License Agreement periodically for changes. If the Software requires an Update at the time you launch the Software to access the Product, you will also have the opportunity to review and to accept or reject the current version of this License Agreement. If any future changes to this License Agreement are unacceptable to you or cause you to no longer be in agreement or compliance with this License Agreement, you may terminate this License Agreement in accordance and must immediately stop using the Product and uninstall the Software. Your continued use of the Product following any revision to this License Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

VIII. TERMINATION OF AGREEMENT

This License Agreement is effective until terminated. You may terminate this License Agreement at any time by notifying Totem Entertainment of your intention to terminate. Totem Entertainment may terminate this License Agreement at any time, for any reason or no reason. Upon termination, whether by you or Totem Entertainment, the license granted to you in Section I shall immediately terminate, and you must immediately and permanently remove the Software from your computer"s permanent memory and destroy any and all copies of the Software that may be in your possession.

IX. TERMINATION OF PRODUCT SERVICE

You acknowledge and agree that Totem Entertainment, in its sole and absolute discretion, may stop providing support for or access to the Product at any time, for any reason or no reason. You also agree that Totem Entertainment may change, modify, suspend, discontinue, or restrict your access to any features or parts of the Product at any time without notice or liability to you. You acknowledge that you have no interest, monetary or otherwise, in any feature of or content in the Software or the Product. Notwithstanding the above, Totem Entertainment will make its best effort, in case of suspension or discontinuation of the service to provide a solution for you to keep using all downloaded Content on your computer.

X. CLAIMS OF COPYRIGHT INFRINGEMENT (DMCA)

If you are a copyright owner or agent thereof and believe that content posted on the Site by a Totem Entertainment user infringes upon your copyright, please submit notice pursuant to the Digital Millennium Copyright Act (17 U.S.C. " 512(c)) to the Totem Entertainment Copyright Agent with the following information: An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright; a description of the copyrighted work that you claim has been infringed; the URL of the location on the Totem Entertainment Site containing the material that you claim is infringing; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorised to act on the copyright owner's behalf. Totem Entertainment" Copyright Agent can be reached by mail at Totem Entertainment, 2 avenue de l'Europe 78140 Velizy Villacoublay, France. Please note that these notifications are legal notices, and that Totem Entertainment may provide copies of such notices to the participants in the dispute or to third parties, at its discretion or as required by law.

XI. WARRANTY DISCLAIMER

THE Product (INCLUDING WITHOUT LIMITATION THE WEBSITE, THE SOFTWARE AND THE DOCUMENTATION) IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Totem Entertainment DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WHICH MIGHT APPLY TO THE Product OR THE SOFTWARE, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE, AND ANY WARRANTIES AS TO THE ACCURACY, RELIABILITY OR QUALITY OF ANY CONTENT OR INFORMATION CONTAINED WITHIN THE Product AND/OR THE SOFTWARE. Totem Entertainment DOES NOT WARRANT THAT THE Product AND/OR THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR SELECTING THE Product AND/OR THE SOFTWARE TO ACHIEVE YOUR INTENDED RESULTS, AND FOR THE INSTALLATION OF, USE OF, AND RESULTS OBTAINED FROM THE Product AND THE SOFTWARE. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the forgoing disclaimer may, in whole or in part, not apply to you.

XII. INDEMNIFICATION

YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Totem Entertainment FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, DAMAGES, LOSSES, LIABILITIES AND COSTS (INCLUDING ATTORNEYS" FEES) THAT DIRECTLY OR INDIRECTLY ARISE OR RESULT FROM YOUR USE OR MISUSE OF THE Product AND/OR THE SOFTWARE, OR ANY VIOLATION BY YOU OF ANY OF THE PROVISIONS OF THIS LICENSE AGREEMENT. Totem Entertainment reserves the right, at its own expense and in its sole and absolute discretion, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Totem Entertainment in asserting any available defences.

XIII. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, AND UNDER NO LEGAL THEORY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL Totem Entertainment BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, LOSS OF GOOD WILL, OR LOST PROFITS), OR ANY DAMAGES FOR GROSS NEGLIGENCE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING FROM YOUR USE OR MISUSE OF THE SOFTWARE AND/OR THE Product, EVEN IF Totem Entertainment KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, Totem Entertainment SHALL NOT BE LIABLE IN ANY WAY FOR ANY LOSS OR DAMAGE TO YOUR ACCOUNT, COLLECTION OF CARDS, VIRTUAL CURRENCY OR PROFILE INFORMATION STORED BY THE Product. Totem Entertainment SHALL NOT BE RESPONSIBLE FOR ANY INTERRUPTIONS OF SERVICE, INCLUDING WITHOUT LIMITATION ISP DISRUPTIONS, SOFTWARE OR HARDWARE FAILURES, OR ANY OTHER EVENT WHICH MAY RESULT IN A LOSS OF DATA OR DISRUPTION OF SERVICE. IN NO EVENT SHALL Totem Entertainment BE LIABLE FOR ANY DAMAGES IN EXCESS OF ANY AMOUNT YOU HAVE PAID TO Totem Entertainment FOR Product-RELATED TRANSACTIONS, IF ANY, DURING THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE TIME YOUR CAUSE OF ACTION AROSE.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, the liability of Totem Entertainment shall be limited to the fullest extent permitted by applicable law.

XIV. EQUITABLE REMEDIES

You hereby acknowledge and agree that Totem Entertainment would suffer irreparable harm if this License Agreement were not specifically enforced. Consequently, in addition to such monetary and other relief as may be recoverable at law, you agree that Totem Entertainment shall be entitled to specific performance or other injunctive relief, without bond, other security, or proof of damages, as remedy for any breach or threatened breach of this License Agreement. Additionally, in the event any legal or administrative action or proceeding is brought by either party in connection with this License Agreement, the prevailing party in such action or proceeding shall be entitled to recover from the other party all the costs, attorneys" fees and other expenses incurred by such prevailing party as the result of the action or proceeding.

XV. MISCELLANEOUS

This License Agreement represents the complete agreement between you and Totem Entertainment with respect to the subject matter hereof, and supersedes any prior or contemporaneous agreements between you and Totem Entertainment. The Product is operated by Totem Entertainment in France. Those who choose to access the Product from locations outside France do so on their own initiative and are responsible for compliance with applicable local laws. Totem Entertainment"s failure to enforce any provision of this License Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by Totem Entertainment of any provision, condition or requirement of this License Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement. If any provision of this License Agreement is held to be invalid or unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this License Agreement shall continue in full force and effect. If, however, it is determined that such provision cannot be reformed, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. All provisions shall survive any termination of this License Agreement.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THE FOREGOING END USER LICENSE AGREEMENT AND AGREE THAT BY CLICKING "ACCEPT" AND/OR INSTALLING THE SOFTWARE AND USING THE Product, YOU ARE ACKNOWLEDGING YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT.