Terms and Conditions
Welcome to the Eliot Feld website, located at www.eliotfeld.ballettech.org (the “Website”) and owned by the Ballet Tech Foundation, Inc. (the “Foundation,” “we,” “us,” and “our”). These Terms of Use (“Terms”) are an agreement between us and you. Please read the Terms carefully. By using this Website, you agree to the Terms and any other terms and conditions that may be outlined elsewhere in this Site, including our Privacy Policy. If you do not agree to the Terms, please do not use this Website. We reserve the right to modify the Terms at any time. Your subsequent use of the Website constitutes your acceptance of the modified Terms.
Website Content
You may reproduce text materials contained in this Site but solely for educational, charitable, and personal purposes provided you (i) do not alter such content, (ii) do not remove any copyright, trademark or other proprietary notices from the content, and (iii) include a link or citation to the Website page or credit the content to us. These terms also apply to posts on social media. Otherwise, you may not use any of the Content, including any photograph, illustration, artwork, video (including full-length videos or thumbnails posted on the site) or other graphic material contained in the Site.
The mark BALLET TECH and any related trademarks or logos are owned by the Foundation (our “Mark”). You may not use it without our permission except to attribute Content to the Foundation as set forth above.
Privacy
These Terms incorporate by reference the Foundation’s Privacy Policy. Please read the Privacy Policy carefully as you agree to its terms when you use the Website.
Links to Third-Party Websites
The Website may contain links to websites controlled by third parties (“Third-Party Websites”) that we think may be of interest and provide them as a convenience to you. We have no control over these Third-Party Websites or their content, activities or privacy practices and do not constitute our endorsement of these websites or their content. You should be aware that when you leave our Site for another, any information you share or actions you take on Third-Party Websites are governed by those websites’ terms of use and privacy statements, which you should review carefully to learn about their practices We make no representation or warranty whatsoever about the nature of Third-Party Websites and if you decide to access any other websites linked to or from the Website, you do so entirely at your own risk.
Frames; Metatags
Unless you obtain our prior written consent in each case, you may not: (A) frame any Content on any other website; or (B) use metatags or any other “hidden text” that incorporates our Mark or marks confusingly similar to our Mark.
Disclaimers
THE WEBSITE, CONTENT, AND ALL MATERIAL AVAILABLE THROUGH THE WEBSITE ARE AVAILABLE “AS IS” AND “AS AVAILABLE.” WE MAKE NO REPRESENTATIONS OR WARRANTIES: (1) THAT THE WEBSITE OR CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE; (2) ABOUT THE ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT OF THE WEBSITE OR CONTENT OR OF ANY PRODUCTS OR SERVICES OR CONTENT AVAILABLE THROUGH LINKS TO THIRD-PARTY SITES. IF YOU RELY ON OUR WEBSITE OR CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.
WE DO NOT OFFER ANY EXPRESS OR IMPLIED WARRANTIES REGARDING THE WEBSITE OR CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THAT PURPOSE HAS BEEN DISCLOSED), AND DISCLAIM SUCH WARRANTIES TO THE MAXIMUM EXTENT PERMITTED UNDER LAW.
ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, “TROJAN HORSES,” OR OTHER MALICIOUS CODE TO THE WEBSITE, WE DO NOT GUARANTEE OR WARRANT THAT THE WEBSITE OR CONTENT ARE FREE FROM SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES.
Limitation of Liability
THE FOUNDATON AND ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, ADVISORS AND VOLUNTEERS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON LOSS OR INJURY BASED ON USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT (E.G., ARISING FROM ERRORS, OMISSIONS, INTERRUPTIONS, OR INACCURACIES) INCLUDING LOSS OR INJURY FROM YOUR BREACH OF ANY PROVISION OF THESE TERMS.
UNDER NO CIRCUMSTANCES WILL THE FOUNDATON OR ITS TRUSTEES, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AGENTS, ADVISORS OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING MONETARY LOSSES, LOST REVENUES OR PROFITS, OR LOSS OF DATA) ARISING FROM YOUR USE OF THE WEBSITE OR CONTENT WHETHER BASED UPON TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR CONTENT IS LIMITED TO $25. SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS MAY NOT APPLY TO YOU.
IN THE EVENT OF ANY PROBLEM WITH THIS SITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS SITE.
Indemnification
You agree to indemnify, hold harmless, and defend (if requested) the Foundation and its trustees, directors, officers, employees, contractors, representatives, agents, advisors and volunteers against all liabilities, losses, damages, and costs (including reasonable attorneys’ fees) that they may incur based on claims arising out of your use of (or inability to use) the Website, or violation of this Agreement. We reserve the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with cooperation we reasonably request.
Changes to Terms
We may change these Terms from time to time by posting an updated version on this web page, or, if we determine that it is appropriate, we may provide other notice to you. We recommend checking back on this web page regularly if you use the Website.
Modification and Termination of Website
We may change, suspend or discontinue any aspect of Website or Content at any time. We may also impose limits on certain features, content, or restrict your access to parts or the entire Website without notice or liability. We reserve the right to terminate the Website, these Terms, and any Content available on the Website at any time without notice, for any reason.
General
These Terms (which includes the Privacy Policy) are governed by applicable federal laws and the laws of the State of New York applicable to agreements made and completely performed there. The “Website Content,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” and “General” sections of these Terms (along with any other provision that by its terms contemplates survival) survive any termination of these Terms and the Website. You irrevocably agree to bring any claim or dispute relating to your use of the Website and these Terms exclusively in the state and federal courts located in New York, New York, to submit to the exclusive jurisdiction of those courts, and to waive any jurisdictional, venue, inconvenient forum, or other objections to those courts. Section titles and headings are for convenience only and have no legal or contractual effect. The failure of the Foundation to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted and the remaining provisions will be enforceable to the fullest extent permitted by law.
Questions
Please email us at website@ballettech.org with any questions you may have about these Terms.
Effective Date: 5/19/2022