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Terms of Use
This Terms of Use Agreement ("Agreement") sets forth the legally
binding terms for your use of the web site of Fort Wayne Dancesport (Chapter
2046, USA Dance, Inc.). By using the Fort Wayne Dancesport web site, you agree
to be bound by this Agreement, whether you are a "Visitor" (which
means that you simply browse the Fort Wayne Dancesport web site) or you are a
"Registered User" (which means that you have registered with the Fort
Wayne Dancesport web site). The term "User" refers to a Visitor or a
Registered User. You are only authorized to use the Fort Wayne Dancesport web
site (regardless of whether your access or use is intended) if you agree to
abide by all applicable laws and to this Agreement. Please read this Agreement
carefully and save it. If you do not agree with it, you should leave the Fort
Wayne Dancesport web site and discontinue use of the Fort Wayne Dancesport web
site immediately. If you wish to become a Registered User, communicate with
other Registered Users and make use of the Fort Wayne Dancesport web site, you
must read this Agreement and indicate your acceptance during the Registration
process.
This Agreement includes Fort Wayne Dancesport’s policy for acceptable use of
the Fort Wayne Dancesport web site and content posted on the Fort Wayne
Dancesport web site, your rights, obligations and restrictions regarding your
use of the Fort Wayne Dancesport web site and Fort Wayne Dancesport's Privacy
Policy. You may receive a copy of this Agreement by emailing us at:
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Subject: Terms of Use Agreement.
Fort Wayne Dancesport may modify this Agreement from time to time and such
modification shall be effective upon posting by Fort Wayne Dancesport on the
Fort Wayne Dancesport web site. You agree to be bound to any changes to this
Agreement when you use the Fort Wayne Dancesport web site after any such
modification is posted. It is therefore important that you review this
Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on the Fort Wayne
Dancesport web site and that you provide to other Users. Your the Fort Wayne
Dancesport web site profile may not include the following items: telephone
numbers, street addresses, last names, and any photographs containing nudity,
or obscene, lewd, excessively violent, harassing, sexually explicit or
otherwise objectionable subject matter. Despite this prohibition, Fort Wayne
Dancesport assumes no responsibility or liability for material placed on the
Fort Wayne Dancesport web site by users in their profiles. If you become aware
of misuse of the Fort Wayne Dancesport web site by any person, please contact the
Fort Wayne Dancesport webmaster,
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Fort Wayne Dancesport reserves the right, in its sole discretion, to reject,
refuse to post or remove any posting (including private messages) by you, or to
restrict, suspend, or terminate your access to all or any part of the Fort
Wayne Dancesport web site at any time, for any or no reason, with or without
prior notice, and without liability.
- Eligibility.
Use of the Fort Wayne Dancesport web site is void where prohibited. By
using the Fort Wayne Dancesport web site, you represent and warrant that
(a) all registration information you submit is truthful and accurate; (b)
you will maintain the accuracy of such information; (c) you are 14 years
of age or older; and (d) your use of the Fort Wayne Dancesport web site
does not violate any applicable law or regulation. Your profile may be
deleted and your registration may be terminated without warning, if we
believe that you are under 14 years of age.
- Term. This
Agreement shall remain in full force and effect while you use the Fort
Wayne Dancesport web site. You may terminate your registration at any
time, for any reason. Fort Wayne Dancesport may terminate your registration
at any time, without warning. Even after registration is terminated, this
Agreement will remain in effect, including sections 5-17.
- Password.
When you sign up to become a registered user, you will also be asked to
choose a password. You are entirely responsible for maintaining the
confidentiality of your password. You agree not to use the account,
username, or password of another registered user at any time or to
disclose your password to any third party. You agree to notify Fort Wayne
Dancesport immediately if you suspect any unauthorized use of your account
or access to your password. You are solely responsible for any and all use
of your account.
- Non-commercial Use.
The Fort Wayne Dancesport web site is for personal use only and may not be
used in connection with any commercial endeavors except those that are
specifically endorsed or approved by Fort Wayne Dancesport. Illegal and/or
unauthorized use of the Fort Wayne Dancesport web site, including
collecting usernames and/or email addresses of user by electronic or other
means for the purpose of sending unsolicited email or unauthorized framing
of or linking to the Fort Wayne Dancesport web site is prohibited.
Commercial advertisements, affiliate links, and other forms of
solicitation may be removed from User profiles without notice and may
result in termination of User privileges. Appropriate legal action will be
taken for any illegal or unauthorized use of the Fort Wayne Dancesport web
site.
- Proprietary Rights in
Content.
- Fort Wayne Dancesport does
not claim any ownership rights in the text, files, images, photos, video,
sounds, musical works, works of authorship, or any other materials
(collectively, "Content") that you post to the Fort Wayne
Dancesport web site. After posting your Content to the Fort Wayne
Dancesport web site, you continue to retain all ownership rights in such
Content, and you continue to have the right to use your Content in any
way you choose. By displaying or publishing ("posting") any
Content on or through the Fort Wayne Dancesport web site, you hereby
grant to Fort Wayne Dancesport a limited license to use, modify, publicly
perform, publicly display, reproduce, and distribute such Content solely
on and through the Fort Wayne Dancesport web site.
The license you grant to Fort Wayne Dancesport is
non-exclusive (meaning you are free to license your Content to anyone else in
addition to Fort Wayne Dancesport), fully-paid and royalty-free (meaning that Fort
Wayne Danceport is not required to pay you for the use on the Fort Wayne
Dancesport web site of the Content that you post) and worldwide (because the
Internet and the Fort Wayne Dancesport web site are global in reach). This
license will terminate at the time you remove your Content from the Fort Wayne
Dancesport web site. The license does not grant Fort Wayen Dancesport the right
to sell your Content, nor does the license grant Fort Wayne Dancesport the
right to distribute your Content outside of the Fort Wayne Dancesport web site.
- You represent and
warrant that: (i) you own the Content posted by you on or through the
Fort Wayne Dancesport web site or otherwise have the right to grant the
license set forth in this section, and (ii) the posting of your Content
on or through the Fort Wayne Dancesport web site does not violate the
privacy rights, publicity rights, copyrights, contract rights or any
other rights of any person. You agree to pay for all royalties, fees, and
any other monies owing any person by reason of any Content posted by you
to or through the Fort Wayne Dancesport web site.
- The Fort Wayne
Dancesport web site contains Content of Users. Except for Content posted
by you, you may not copy, modify, translate, publish, broadcast,
transmit, distribute, perform, display, or sell any Content appearing on
or through the Fort Wayne Dancesport web site.
- Content Posted.
- Fort Wayne Dancesport
may delete any Content that in the sole judgment of Fort Wayne Dancesport
violates this Agreement or which may be offensive, illegal or violate the
rights, harm, or threaten the safety of any person. Fort Wayne Dancesport
assumes no responsibility for monitoring the Fort Wayne Dancesport web
site for inappropriate Content or conduct. If at any time Fort Wayne
Dancesport chooses, in its sole discretion, to monitor the Fort Wayne
Dancesport web site, Fort Wayne Dancesport nonetheless assumes no
responsibility for the Content, no obligation to modify or remove any
inappropriate Content, and no responsibility for the conduct of the User
submitting any such Content.
- You are solely
responsible for the Content that you post on or through the Fort Wayne
Dancesport web site, and any material or information that you transmit to
other Users and for your interactions with other Users. Fort Wayne
Dancesport does not endorse and has no control over the Content. Content
is not necessarily reviewed by Fort Wayne Dancesport prior to posting and
does not necessarily reflect the opinions or policies of Fort Wayne
Dancesport. Fort Wayne Dancesport makes no warranties, express or
implied, as to the Content or to the accuracy and reliability of the
Content or any material or information that you transmit to other Users.
- Content/Activity
Prohibited. The following is a partial list of the kind of
Content that is illegal or prohibited to post on or through the Fort Wayne
Dancesport web site. Fort Wayne Dancesport reserves the right to
investigate and take appropriate legal action against anyone who, in Fort
Wayne Dancesport's sole discretion, violates this provision, including
without limitation, removing the offending communication from the Fort
Wayne Dancesport web site and terminating the registration of such violators.
Prohibited Content includes, but is not limited to Content that, in the
sole discretion of Fort Wayne Dancesport:
- is patently offensive
and promotes racism, bigotry, hatred or physical harm of any kind against
any group or individual;
- harasses or advocates
harassment of another person;
- exploits people in a
sexual or violent manner;
- contains nudity,
violence, or offensive subject matter or contains a link to an adult
website;
- solicits personal
information from anyone under 18;
- provides any telephone
numbers, street addresses, last names, URLs or email addresses;
- promotes information
that you know is false or misleading or promotes illegal activities or
conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or
unauthorized copy of another person's copyrighted work, such as providing
pirated computer programs or links to them, providing information to
circumvent manufacture-installed copy-protect devices, or providing
pirated music or links to pirated music files;
- involves the
transmission of "junk mail," "chain letters," or
unsolicited mass mailing, instant messaging, "spimming," or
"spamming";
- contains restricted or
password only access pages or hidden pages or images (those not linked to
or from another accessible page);
- furthers or promotes
any criminal activity or enterprise or provides instructional information
about illegal activities including, but not limited to making or buying
illegal weapons, violating someone's privacy, or providing or creating computer
viruses;
- solicits passwords or
personal identifying information for commercial or unlawful purposes from
other Users;
- involves commercial
activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph
of another person that you have posted without that person's consent; or
- for band and filmmaker
profiles, uses sexually suggestive imagery or any other unfair,
misleading or deceptive Content intended to draw traffic to the profile.
The following is a partial list of the kind of
activity that is illegal or prohibited on the Fort Wayne Dancesport web site. Fort
Wayne Dancesport reserves the right to investigate and take appropriate legal
action against anyone who, in Fort Wayne Dancesport's sole discretion, violates
this provision, including without limitation, reporting you to law enforcement
authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious
activity, including child pornography, fraud, trafficking in obscene
material, drug dealing, gambling, harassment, stalking, spamming,
spimming, sending of viruses or other harmful files, copyright
infringement, patent infringement, or theft of trade secrets;
- advertising to, or
solicitation of, any User to buy or sell any products or services through
the Fort Wayne Dancesport web site. You may not transmit any chain
letters or junk email to other Users. It is also a violation of these
rules to use any information obtained from the Fort Wayne Dancesport web
site in order to contact, advertise to, solicit, or sell to any User
without their prior explicit consent. In order to protect our Users from
such advertising or solicitation, Fort Wayne Dancesport reserves the
right to restrict the number of emails which a User may send to other Users
in any 24-hour period to a number which Fort Wayne Dancesport deems
appropriate in its sole discretion. If you breach this Agreement and send
unsolicited bulk email, instant messages or other unsolicited communications
of any kind through the Fort Wayne Dancesport web site, you acknowledge
that you will have caused substantial harm to Fort Wayne Dancesport, but
that the amount of such harm would be extremely difficult to ascertain.
As a reasonable estimation of such harm, you agree to pay Fort Wayne
Dancesport $50 for each such unsolicited email or other unsolicited
communication you send through the Fort Wayne Dancesport web site;
- any automated use of
the system, such as using scripts to add friends or send comments or
messages;
- interfering with,
disrupting, or creating an undue burden on the Fort Wayne Dancesport web
site or the networks or services connected to the Fort Wayne Dancesport
web site;
- attempting to
impersonate another User or person;
- using the account,
username, or password of another User at any time or disclosing your
password to any third party or permitting any third party to access your
account;
- selling or otherwise
transferring your profile;
- using any information
obtained from the Fort Wayne Dancesport web site in order to harass,
abuse, or harm another person;
- displaying an
advertisement on your profile, or accepting payment or anything of value
from a third person in exchange for your performing any commercial
activity on or through the Fort Wayne Dancesport web site on behalf of
that person; or
- using the Fort Wayne
Dancesport web site in a manner inconsistent with any and all applicable
laws and regulations.
- Copyright Policy.
You may not post, modify, distribute, or reproduce in any way any
copyrighted material, trademarks, or other proprietary information
belonging to others without obtaining the prior written consent of the
owner of such proprietary rights. It is the policy of Fort Wayne
Dancesport to terminate User privileges of any User who repeatedly
infringes the copyright rights of others upon receipt of proper
notification to Fort Wayne Dancesport by the copyright owner or the
copyright owner's legal agent.
- User Disputes.
You are solely responsible for your interactions with other Users of the
Fort Wayne Dancesport web site. Fort Wayne Dancesport reserves the right,
but has no obligation, to monitor disputes between you and other Users.
- Privacy. Use
of the Fort Wayne Dancesport web site is also governed by our Privacy
Policy, which is incorporated into this Agreement by this reference.
- Disclaimers.
Fort Wayne Dancesport is not responsible for any incorrect or inaccurate
Content posted on the Fort Wayne Dancesport web site or in connection with
the Fort Wayne Dancesport web site. Profiles created and posted by Users of
the Fort Wayne Dancesport web site may contain links to other websites. Fort
Wayne Dancesport is not responsible for the Content, accuracy or opinions
expressed on such websites, and such websites are in no way investigated,
monitored or checked for accuracy or completeness by Fort Wayne Dancesport.
Inclusion of any linked website on the Fort Wayne Dancesport web site does
not imply approval or endorsement of the linked website by Fort Wayne
Dancesport. When you access these third-party sites, you do so at your own
risk. Fort Wayne Dancesport is not responsible for the conduct, whether
online or offline, of any User of the Fort Wayne Dancesport web site. Fort Wayne
Dancesport assumes no responsibility for any error, omission,
interruption, deletion, defect, delay in operation or transmission,
communications line failure, theft or destruction or unauthorized access
to, or alteration of, any User communication. Fort Wayne Dancesport is not
responsible for any problems or technical malfunction of any telephone
network or lines, computer online systems, servers or providers, computer
equipment, software, failure of any email or players due to technical
problems or traffic congestion on the Internet or on the Fort Wayne Dancesport
web site or combination thereof, including any injury or damage to Users
or to any person's computer related to or resulting from participation or
downloading materials in connection with the Fort Wayne Dancesport web
site. Under no circumstances shall Fort Wayne Dancesport be responsible
for any loss or damage, including personal injury or death, resulting from
use of the Fort Wayne Dancesport web site, attendance at a Fort Wayne
Dancesport event, from any Content posted on the Fort Wayne Dancesport web
site, or from the conduct of any Users of the Fort Wayne Dancesport web
site, whether online or offline. The Fort Wayne Dancesport web site is
provided "AS-IS" and as available and Fort Wayne Dancesport
expressly disclaims any warranty of fitness for a particular purpose or
non-infringement. Fort Wayne Dancesport cannot guarantee and does not
promise any specific results from use of the Fort Wayne Dancesport web
site.
- Limitation on
Liability. IN NO EVENT SHALL FORT WAYNE
DANCESPORT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT,
CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES,
INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEB SITE, EVEN
IF FORT WAYNE
DANCESPORT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING
ANYTHING TO THE CONTRARY CONTAINED HEREIN, FORT WAYNE DANCESPORT'S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY
YOU TO FORT WAYNE DANCESPORT FOR THE FORT WAYNE DANCESPORT WEB SITE DURING
THE TERM OF REGISTRATION.
- Disputes. If
there is any dispute about or involving the Fort Wayne Dancesport web site,
you agree that the dispute shall be governed by the laws of the State of Indiana,
USA, without regard to conflict of law provisions and you agree to
exclusive personal jurisdiction and venue in the state and federal courts
of the United States located in the State of Indiana. Either Fort Wayne
Dancesport or you may demand that any dispute between Fort Wayne
Dancesport and you about or involving the Fort Wayne Dancesport web site
must be settled by arbitration, provided that the foregoing shall not
prevent Fort Wayne Dancesport from seeking injunctive relief in a court of
competent jurisdiction.
- Indemnity.
You agree to indemnify and hold Fort Wayne Dancesport, its subsidiaries,
and affiliates, and their respective officers, agents, partners and volunteers,
harmless from any loss, liability, claim, or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your use
of the Fort Wayne Dancesport web site in violation of this Agreement
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above and/or if any Content that
you post on the Fort Wayne Dancesport web site causes Fort Wayne
Dancesport to be liable to another.
- Other. This
Agreement is accepted upon your use of the Fort Wayne Dancesport web site
and is further affirmed by you becoming a Registered User. This Agreement
constitutes the entire agreement between you and Fort Wayne Dancesport
regarding the use of the Fort Wayne Dancesport web site. The failure of Fort
Wayne Dancesport to exercise or enforce any right or provision of this
Agreement shall not operate as a waiver of such right or provision. The
section titles in this Agreement are for convenience only and have no
legal or contractual effect. This Agreement operates to the fullest extent
permissible by law. If any provision of this Agreement is unlawful, void
or unenforceable, that provision is deemed severable from this Agreement
and does not affect the validity and enforceability of any remaining
provisions.
Privacy Policy
Fort Wayne Dancesport collects user submitted information
such as name and email address to authenticate users and to send notifications
to those users relating to the Fort Wayne Dancesport web site. Fort Wayne
Dancesport also collects other profile data including but not limited to:
personal interests, gender, age, education and occupation in order to assist
users in finding and communicating with each other.
User Profile information including users’ pictures and user
names are displayed to people in order to facilitate user interaction on the
Fort Wayne Dancesport web site. Email addresses are used to send notifications
related to the web site. Users' full names are never directly revealed to other
users.
We may also use a user's email address to send updates, a
newsletter or news regarding Fort Wayne Dancesport.
Use of Cookies
The Fort Wayne Dancesport web site uses cookies to store
visitors' preferences and to record session information. We do not link the
information we store in cookies to any personally identifiable information you
submit while on our site. You may be able to configure your browser to accept
or reject all or some cookies, or notify you when a cookie is set -- each
browser is different, so check the "Help" menu of your browser to
learn how to change your cookie preferences -- however, you must enable cookies
from the Fort Wayne Dancesport web site in order to use most functions on the
site.
Links
The Fort Wayne Dancesport web site contains links to sites. Fort
Wayne Dancesport is not responsible for the privacy policies and/or practices
on other sites. When linking to another site a user should read the privacy
policy stated on that site. Our privacy policy only governs information
collected on the Fort Wayne Dancesport web site.
Correcting/Updating
or Removing Information
Fort Wayne Dancesport web site users may modify or remove
any of their personal information at any time by logging into their account and
accessing features such as Edit Profile and Account Info.
Security
User accounts on the Fort Wayne Dancesport web site are
secured by user-created passwords. Fort Wayne Dancesport takes precautions to
insure that user account information is kept private. We use reasonable
measures to protect user information that is stored within our database, and we
restrict access to user information to those volunteers who need access to
perform their job functions. Please note that we cannot guarantee the security
of user account information. Unauthorized entry or use, hardware or software
failure, and other factors may compromise the security of user information at
any time.
Sharing and
Disclosure of Information Fort Wayne
Dancesport Collects
Fort Wayne Dancesport will not disclose personal information
to any third party unless we believe that disclosure is necessary: (1) to
conform to legal requirements or to respond to a subpoena, search warrant or
other legal process received by Fort Wayne Dancesport, whether or not a
response is required by applicable law; (2) to enforce the Fort Wayne
Dancesport Terms of Use Agreement or to protect our rights; or (3) to protect
the safety of members of the public and users of the web site.
Changes in Our
Privacy Policy
From time to time we may make changes to our privacy policy
If we make changes, we will post them on our site to make users aware of what
the changes are so users will always be aware of what information we collect,
how we use it, and when we may disclose it. A User is bound by any minor
changes to the policy when she or he uses the site after those changes have
been posted.
Contacting the Web
Site
If you have any questions about this privacy statement, the
practices of this site, or your dealings with this web site, please contact us
at:
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