Terms of Use

BalletHub, LLC Terms of Use

This Terms of Use Agreement was last updated on November 6, 2012.

Read This Terms of Use Agreement Before Accessing Website.

This Terms of Use Agreement sets forth the standards of use of the BalletHub, LLC Online Service for Registered Members. By using the ballethub.com website you (the "Member") agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at ballethub.com website. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

Description of Service

BalletHub, LLC is providing Member with an online directory and social network. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member's access to the Internet, and (3) pay any fees relate with such connection.

Disclaimer of Warranties

The site is provided by BalletHub, LLC on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, BalletHub, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. BalletHub, LLC shall have no liability for any interruptions in the use of this Website. BalletHub, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties, therefore the above-referenced exclusion is inapplicable.

Limitation of Liability

BalletHub, LLC SHALL NOT be liable for any damages whatsoever, and in particular BalletHub, LLC shall not be liable for any special, indirect, consequential, or incidental damages, or damages for lost profits, loss of revenue, or loss of use, arising out of or related to this web site or the information contained in it, whether such damages arise in contract, negligence, tort, under statute, in equity, at law, or otherwise, even if BalletHub, LLC has been advised of the possibility of such damages.

Indemnification

Member agrees to indemnify and hold BalletHub, LLC, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.

Members Account

All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify BalletHub, LLC of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of BalletHub, LLC.

Content & Conduct

You are legally responsible for all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") uploaded, posted or stored through your use of the Services. You grant BalletHub a worldwide, royalty-free, non-exclusive license to host and use the Content in order to provide you with the Services. You agree not use the Services for any illegal purpose in violation of any local, state, federal or international law. You are responsible for any Content that may be lost or unrecoverable through your use of the Services. BalletHub is not responsible for the Content or data you submit on the website.

You agree not to use the Ballethub.com website to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:

  • abusive, harassing, defamatory, vulgar, obscene, libelous, hateful, or otherwise objectionable content;
  • unlawful, threatening, obscene, vulgar, pornographic, profane or indecent including any communication that constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law;
  • violates the copyright, trademark or other intellectual property rights of any other person;
  • improperly assumes or claims the identity, characteristics or qualifications of another person or organization;
  • is for purposes of spamming;
  • contains any virus or other harmful component;
  • is libelous, or an invasion of privacy or publicity rights or any other third party rights;
  • Also, you agree to indemnify, defend and hold harmless BalletHub and its affiliates, from and against any and all third party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys fees) resulting from or arising out of a claim that your Content infringes or misappropriates the intellectual property rights, or otherwise violates any other right, of a third party or a claim resulting from or arising out of your breach or alleged breach of this Agreement.

    BalletHub may freely use feedback you provide. You agree that BalletHub may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant BalletHub a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to BalletHub in any way.

    BalletHub may monitor your content from time to time. BalletHub may, but has no obligation to, monitor content on the Services. BalletHub, in its sole discretion, may refuse to post, remove, or refuse to remove, any Content, in whole or in part, alleged to be unacceptable, undesirable, inappropriate, or in violation of this Agreement.

    Modifications and Interruption to Service

    BalletHub, LLC reserves the right to modify or discontinue the Service with or without notice to the Member. BalletHub, LLC shall not be liable to Member or any third party should BalletHub, LLC exercise its right to modify or discontinue the Service. Member acknowledges and accepts that BalletHub, LLC does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

    Third-Party Sites

    Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.

    Disclaimer Regarding Accuracy of Vendor Information

    Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. While BalletHub, LLC makes every effort to ensure that the information on this website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this website.

    BalletHub, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

    Governing Jurisdiction of the Courts of Colorado

    Our website is operated and provided in the State of Colorado. As such, we are subject to the laws of the State of Colorado, and such laws will govern this Terms of Use, without giving effect to any choice of law rules. We make no representation that our website or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access our site you agree to do so subject to the internal laws of the State of Colorado.

    Compliance with Laws

    Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

    Copyright and Trademark Information

    All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is © 2012 BalletHub, LLC, will all rights reserved, or is the property of BalletHub, LLC and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of BalletHub, LLC is strictly prohibited. Members agree that they will not use any robot, spider, or other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of BalletHub, LLC.

    All other trademarks displayed on BalletHub, LLC's website are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with BalletHub, LLC.

    Notification of Claimed Copyright Infringement

    Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, BalletHub, LLC.com designates the following individual as its agent for receipt of notifications of claimed copyright infringement.

    By Email: [email protected]

    Botnets

    BalletHub, LLC retains the right, at our sole discretion, to terminate any accounts involved with botnets and related activities. If any hostnames are used as command and control points for botnets, BalletHub, LLC reserves the right to direct the involved hostnames to a honeypot, loopback address, logging facility, or any other destination at our discretion.

    Other Terms

    If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. You agree that this Terms of Use Agreement and any other agreements referenced herein may be assigned by BalletHub, LLC, in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Use Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Use Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement.

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