Classical Dance Alliance, Inc.

 Terms and Conditions

     The Classical Dance Alliance (CDA) welcomes you to our website.  Our services on this website are subject to the following Terms and Conditions. Our website makes classical dance more accessible to ballet instructors, as well as performers, creators, and spectators of dance. As a visitor to our website, you are subject to following CDA's Terms and Conditions while you are a visitor to our site. Please carefully read our Terms and Conditions. As our guest, we cordially ask you to follow them.

Terms and Conditions

Last updated: April 4, 2021

     Please read these terms and conditions carefully before using Our Service.

     By using this website, you are indicating your acceptance to be bound by these Terms and Conditions. Classical Dance Alliance, Inc. (the Company) may revise these Terms and Conditions at any time by updating this document. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this website for any reason.

 

General Rules

     Users may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

Copyright and Use of Website

     Users may not use the website in order to use, transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation; (b) in a manner that will infringe the copyright, trademarks (logos, registered trade marks, word descriptions, service marks), trade secrets, or other intellectual property rights, or violate the privacy, publicity, or other personal rights of others; (c) use photos and written content on this site without permission; (d) make defamatory, obscene, threatening, abusive or hateful statements against the organization.

Website Security Rules

     Users are prohibited from violating or attempting to violate the security of this website, including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

(c) attempting to interfere with the service to any user, host or network, including, without limitation, via means of submitting a virus to the website, overloading, "flooding", "spamming", "mail bombing" or "crashing";

(d) sending unsolicited e-mail, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Classical Dance Alliance will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

     The Company specifically prohibits any use of this website and all users agree not to use this website for any of the following reasons:

  • Deleting or revising material posted.

 

  • Coping or using any written material from the website without written permission.

 

  • Using any device, software, or routine to interfere with, or attempting to interfere with, the proper working of this website, or any activity being conducted on this site.

 

  • Taking any action that imposes an unreasonable or disproportionately large load on this website's infrastructure.

 

  • Notwithstanding, anything to the contrary contained herein, using or attempting to use any engine, software tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this website (other than the search engine and search agents available from this Company on this website and other than generally available web browsers).

 

  • Attempting to decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of this website.

Interpretation and Definitions

Interpretation

     The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

 

Definitions

For the purposes of these Terms and Conditions:

  • Affiliate means the managing authority of the nonprofit Board of Directors of Classical Dance Alliance, Inc.

  • Country and State refers to: New York, United States

  • Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Classical Dance Alliance, 353 Riverside Drive, Suite 5A, New York. NY 10025.

  • Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.

  • Service refers to the Website plus any Programs and/or Events run by the Company which are described on the Website.

  • Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.

  • Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third-party that may be displayed, included or made available by the Service.

  • Website refers to Classical Dance Alliance, Inc., accessible from classicaldancealliance.org.

  • You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

 

Acknowledgments

     These are the Terms and Conditions governing the use of this Website Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of this Service.

     Your access to and use of the Service is dependent upon Your acceptance of and compliance with these Terms and Conditions. It applies to all visitors, users and others who access or use this Service.

     By accessing or using this Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access this Service.

     You represent that you are the age of 18 or over. Classical Dance Alliance does not permit those under 18 to use this Service. If you are under the age of 18, you should have the permission of your parents or guardian to access and use our website services. People under the age of 18 who participate in online or virtual classes must have written permission from a legal guardian per specific forms provided by the Company. A signed electronic agreement or communication will satisfy any legal requirement. It may be submitted to: jlspringer@classicaldancealliance.org.

     Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Links to Other Websites

     Our Service may contain links to third-party websites or services that are not owned or controlled by the Company.

     The Company has no control over, assumes no responsibility for, the content, privacy policies, or practices, of any third party websites or services. You further acknowledge, and agree, that the Company shall not be responsible, or liable directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with, the use of or reliance on any such content, goods, or services, available on or through, any such websites or services.

     We strongly advise You to read the Terms and Conditions and Privacy Policies of any third-party websites or services that You visit.

Termination

     We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

     Notwithstanding any damages that You might incur, the entire liability of the Company, and any of its suppliers  under any provision of this Terms, and Your exclusive remedy for all of the foregoing, shall be limited to 50% of the amount actually paid by You, through the Service or $100.00 USD, if You haven't purchased anything through the Service.

     To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers or Board of Directors be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, mental or emotional injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

     By visiting this site, You agree that New York State laws will be used, by both parties, without regard to principles of conflict of laws from other States, to govern these Terms and Conditions, when any disputes of any kind may develop between You and the Company.

"As Is" and "As Available" Disclaimer

     The Service is provided to You "As Is" and "As Available" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its                  Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

     Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (b) that the Service will be uninterrupted or error-free; (c) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (d) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

     Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

 

Governing Law

     The laws of the United States, and New York State, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

 

Disputes Resolution

     If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Executive Director of Classical Dance Alliance first.

For European Union (EU) Users

     If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

     You represent and warrant that (a) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (b) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

     If any provision of these Terms are held to be unenforceable or invalid such provisions will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

     Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Term shall not affect a party's ability to exercise such right or require such performance at any time.  Thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Translation Interpretation

     These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

     We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision in the material is made, We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

     By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

 

Contact Us

If you have any questions about these Terms and Conditions, You can contact us: