Terms of Service Updated May 22, 2017
1. Your Agreement.
Your use of Vermont Dance Alliance (described below) is subject to these Terms of Service (“Terms”). By accessing and using Vermont Dance Alliance, you accept and agree to be bound to Vermont Dance Alliance, Inc. (“Company,” “us,” or “we”) by these Terms. Unless otherwise provided by us, any new features or services added to Vermont Dance Alliance shall also be provided to you under these Terms. By using Vermont Dance Alliance, you represent that you are legally capable of forming a binding contract and are not a person barred from receiving Vermont Dance Alliance under the laws of the United States or other applicable jurisdictions.
2. The Vermont Dance Alliance Services.
Vermont Dance Alliance allows users to post and review images, text, and other “Content” (defined below), and to browse Content provided by other users of Vermont Dance Alliance and such other Content and services that may be made accessible through https://vermontdance.org/ and/or a “Vermont Dance Alliance” software application (collectively, "Vermont Dance Alliance"). Certain services such as the receipt of a “Vermont Dance Alliance email newsletter” are optional.
The Company reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, Vermont Dance Alliance (or any part thereof) with or without notice. We may establish general practices and limits concerning use of Vermont Dance Alliance, including without limitation the maximum number of events you may post and the maximum number of times (and the maximum duration for which) you may access Vermont Dance Alliance in a given period of time. You agree that we have no responsibility or liability for imposing these limits or the deletion or failure to store any Content.
You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of Vermont Dance Alliance (or any part thereof). Vermont Dance Alliance is provided "AS-IS" and “AS AVAILABLE” and the Company assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any Content. Much of the Content in Vermont Dance Alliance is provided by and is the responsibility of the users who submitted such Content. Company is not obligated to screen or monitor the Content, and takes no responsibility for such Content—we only provide access. Vermont Dance Alliance may carry offensive, harmful, inaccurate or otherwise inappropriate material, or in some cases, postings that have been mislabeled or are otherwise deceptive.
All information, data, text, software, music, sound, photographs, images, graphics, videos, messages, tags, or other materials ("Content"), submitted by users are the sole responsibility of the person submitting the Content for use in Vermont Dance Alliance. This means that you, and not Vermont Dance Alliance, are entirely responsible for all Content that you upload, post, transmit or otherwise make available through the Vermont Dance Alliance Services.
Content is provided “AS IS.” We do not control the Content posted via Vermont Dance Alliance and, as such, do not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will the Company be liable in any way for any Content, including, but not limited to, any offense, errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of, or reliance on, any Content posted, emailed, transmitted or otherwise made available via Vermont Dance Alliance. We may or may not pre-screen Content, but the Company and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via Vermont Dance Alliance for any reason, or for no reason. Without limiting the foregoing, the Company and its designees shall have the right to remove any Content that violates these Terms.
Your Limited Rights. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, Vermont Dance Alliance (excluding the Content that you own—you are free to do as you wish with your own Content).
Your License to Vermont Dance Alliance. We do not claim ownership of the Content that you submit for inclusion on Vermont Dance Alliance. However, with respect to Content that you submit for inclusion on publicly accessible areas of the Vermont Dance Alliance Services, you grant the Company the following transferable, perpetual, irrevocable, sub-licensable, worldwide, royalty-free and non-exclusive license(s) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and exploit such Content on and/or in connection with Vermont Dance Alliance (including distributing and featuring your Content through messages such as a “Vermont Dance Alliance Email Newsletter” and in promotional and marketing activities and materials related to Vermont Dance Alliance). When these terms are terminated, we will make commercially reasonable efforts to remove and to respond to your requests to remove your Content from Vermont Dance Alliance, but you acknowledge that we might retain copies of your Content and other information provided to us as a part of our standard archive practices. If we ever have to restore Vermont Dance Alliance from an archive, the restored version of Vermont Dance Alliance may publicly include your removed Content or other information that you previously provided to us. If Content or information that you previously intended to remove is restored to Vermont Dance Alliance, we will make commercially reasonable efforts to respond to your requests to remove your Content. You acknowledge and agree that we cannot delete or control the deletion or access to the Content as it may exist on other websites outside our control, or copies retained by others, even if they are users of Vermont Dance Alliance. For clarity, in the event that any of your Content has been included in any promotional, marketing, or other materials related to Vermont Dance Alliance, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from Vermont Dance Alliance or your termination of your account with us.
This license exists only for so long as you elect to continue to include such Content on Vermont Dance Alliance and will terminate when these Terms are terminated, except as follows: (i) You acknowledge and agree that we cannot delete or control access to your Content as it may exist on other websites outside of our control or when copes of it have been saves and retained by others (even if they are Vermont Dance Alliance users) and (ii) you further acknowledge and agree that we may retain a copy of your Content and reproduce it in connection with our standard archive practices and (iii) in the event that any of your Content has been included in any promotional, marketing, or other materials related to Vermont Dance Alliance, you agree that we shall have the right to include your Content on such materials created or ordered prior to your removal of such Content from Vermont Dance Alliance or your termination of your account with us.
Vermont Dance Alliance is Public. You understand and agree that when submitting your Content to Vermont Dance Alliance, you are making such Content publicly available, and while we may be able to cease our further distribution of certain Content, we do not have the ability (or obligation) to control what others may do with the Content once it becomes available through Vermont Dance Alliance.
5. User Guidelines.
You agree not to use Vermont Dance Alliance in any way that is in breach of the Terms of Service. Violation of the Vermont Dance Alliance Terms of Service may result in termination of your rights to Vermont Dance Alliance.
By submitting ideas, suggestions, documents, and/or proposals ("Feedback") to us, you acknowledge and agree that: (a) your Feedback does not contain confidential or proprietary information; (b) we are not under any obligation of confidentiality, express or implied, with respect to your Feedback; (c) we shall be entitled to use or disclose (or choose not to use or disclose) such Feedback for any purpose, in any way, in any media worldwide; (d) we may have something similar to your Feedback already under consideration; (e) when you provide your Feedback, you are granting us an irrevocable, royalty-free, perpetual non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display and otherwise exploit the Feedback in connection with Vermont Dance Alliance; and (f) you are not entitled to any attribution, compensation or reimbursement of any kind from us under any circumstances.
You may terminate your use of Vermont Dance Alliance at any time by deleting your account. We have the right to suspend or terminate your account and to refuse any and all current or future use of Vermont Dance Alliance (or any portion thereof) at any time for any reason, including because (i) you gave inaccurate information in your registration (ii) you violated these Terms, (iii) requests by law enforcement or other government agencies, and/or (iv) discontinuance or material modification to Vermont Dance Alliance (or any part thereof). All such terminations, limitations of access and suspensions shall be made in the Company's sole discretion and we shall not be liable to you or any third party for any termination of your account, or access to Vermont Dance Alliance.
You agree to indemnify and hold the Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through Vermont Dance Alliance, your use of Vermont Dance Alliance, your violation of these Terms, or your violation of law or any rights of another.
9. Warranty Disclaimer.
You expressly understand and agree that your use of Vermont Dance Alliance is at your sole risk. To the fullest extent permitted under applicable law, Vermont Dance Alliance is provided on an "as is" and "as available" basis. The Company and its affiliates expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. The Company and its affiliates, make no warranty that (i) Vermont Dance Alliance or Content therein will meet your requirements or are accurate; (ii) Vermont Dance Alliance will be uninterrupted, timely, secure or error-free; and (iii) the quality of any products, services, information or content, purchased or obtained by you through Vermont Dance Alliance.
10. Limitation of Liability.
You expressly understand and agree that the Company and its affiliates shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), resulting from: (a) the use or the inability to use Vermont Dance Alliance; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to, or alteration of, or loss of your Content; (d) statements or conduct of any third party on Vermont Dance Alliance; or (e) any other matter relating to Vermont Dance Alliance. You agree that the Company and its affiliates shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of links to other sites and services on Vermont Dance Alliance. Vermont Dance Alliance does not endorse any third-party site as well as the information, materials, products, and services available through such sites.
11. You May Have Additional Rights.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you and you may have additional rights or remedies.
We may provide you with notices, including those regarding changes to the Terms, including by but not limited to email and/or postings on Vermont Dance Alliance. Such notices may not be received if you violate these Terms by accessing Vermont Dance Alliance in an unauthorized manner. Your agreement to these Terms constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed Vermont Dance Alliance in an authorized manner.
13. General Terms.
You and the Company each agree that these Terms and the relationship between the parties shall be governed by the laws of the State of Vermont without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to these Terms, or the relationship between you and the Company, shall be brought exclusively in the courts located in the county of Chittenden, Vermont. You and the Company agree to submit to the personal jurisdiction of the courts located within the county of Chittenden, Vermont, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
The Company’s failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, then you and the Company nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that your Vermont Dance Alliance account is non-transferable. Vermont Dance Alliance may freely assign these Terms. The section titles in these Terms are for convenience only and have no legal or contractual effect.
14. Contact Vermont Dance Alliance.
You may contact us by emailing Vermont Dance Alliance at firstname.lastname@example.org and/or contacting us by mail at:
Vermont Dance Alliance, Inc.
P.O. Box 5423
Burlington, VT 05402 USA
Attn: User Contact