DIZZY FEET FOUNDATION
Summary of Key Terms
It is important that you read these Terms in their entirety, but here are some of the key points we want to draw your attention to:
- Your use of the Site constitutes acceptance of these Terms.
- You should check back and review these Terms each time you visit the Site as they may change from time to time.
- THESE TERMS REQUIRE YOU TO GRANT US CERTAIN RIGHTS AND LICENSES, PROVIDE US CERTAIN INDEMNITIES, WAIVE CERTAIN OF YOUR RIGHTS AND REMEDIES, AND LIMIT OUR LIABILITY AND OBLIGATIONS TO YOU. See Sections 2.2 and 11.
- Submissions that you Submit (defined below) to us are owned by you and you are responsible for all third party rights. You grant us the right to use and exploit your Submissions. See Section 2.
- Your use of Site and/or Content for commercial purposes is prohibited by these Terms. See Section 1.2 .
- Your use of the Site is AS IS and without warranty and will result in no liability to us. See Section 10 .
- If you believe any materials on the Site infringe your rights, you may give us notice following the instructions at Notice and Procedure for Making Complaints Regarding Content.
Table of Contents
- Site Content
- 2. User Forums, Postings, and User-Generated Content
- 3. Acceptable Use
- 4. Registration
- 5. Site Content and Performance
- Your Contact With Advertisers or Other Third Parties
- 7. Mobile
- 8. Sweepstakes, Contests, and Promotions
- Notice and Procedure for Making Complaints Regarding Content
- Disclaimer of Warranties with Respect to Site
- Limitation of Liability
- Miscellaneous Terms
- Contact Information
- Updated Terms
- 1. Site Content. This Site contains a variety of: (i) copyrighted material, such as information, articles, opinions, other text, directories, guides, graphics, photographs, illustrations, images, video and/or audio clips, trailers, music clips, advertising and promotional materials, data, software, compilations, designs, graphical interface, overall “look and feel” of the Site, and the compilation, assembly, and arrangement of the materials of the Site, and (ii) trademarks, logos, trade names, and service marks and the domain names and URLs associated therewith, whether registered or unregistered (collectively the “Trademarks“), and (iii) other forms of intellectual property (all of the foregoing, collectively and individually are referred to as “Content“).
1.1 Ownership. This Site (including past, present, and future versions) and its Content are owned or controlled by DFF or its licensors. All right, title, and interest in and to the Content available via the Site is the property of DFF or its licensors and is protected by U.S. and international copyright, trademark, patent, or other proprietary rights and laws to the fullest extent possible. DFF owns a copyright in the selection, compilation, assembly, arrangement, and enhancement of the Content on the Site. Except to the minimum extent otherwise expressly permitted under applicable law or these Terms, no copying, use, or other exploitation of Content from the Site is permitted without the express prior written permission of DFF or the applicable owner thereof. This applies to copyrighted Content, regardless of whether or not a copyright notice appears on such materials, and applies to Trademarks, whether registered or unregistered, and regardless of whether or not a trademark notice appears on such materials.
1.2 License. Subject to your strict compliance with these Terms and any Additional Terms, we grant you a non-exclusive, non-transferable, revocable, non-assignable, limited and personal license (“License“) to: (i) view, download (temporary storage only), copy, display, use, and/or print Content (excluding source and object code in raw form or otherwise, other than as made available to access and use via a standard web browser to enable display) retrieved from the Site on a Device only for your personal, non-commercial use; and (ii) to use certain Content that we may from time to time make available on the Site explicitly for you for use as part of your Submissions (defined below) (“DFF Licensed Elements“), but only for such purposes as may be explicitly stated at the time that the DFF Licensed Elements are made available on the Site. The License may be immediately suspended or terminated for any reason, in DFF’s sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Content and/or DFF Licensed Elements, subject to certain Additional Terms. You may not remove or obscure any copyright notice, trademark notice, or other proprietary rights notice displayed on or in conjunction with the Content. Except to the minimum extent otherwise expressly permitted under applicable law, you may not use any Content available via the Site in any other manner or for any other purpose without the prior express written permission of DFF or its licensor, as applicable.
1.3 Ownership. Ownership of any Content that you download or print is not transferred to you. You may own the medium on which the Content is recorded or printed, but we or our licensors retain all right, title, and interest in and to such Content and all intellectual property rights therein. You acknowledge that you do not acquire any ownership rights in any Content by using the Site or by virtue of viewing, downloading, printing, modifying, or using Content from the Site. All rights not expressly granted in these Terms are expressly reserved to DFF or its licensors, as applicable.
1.4 Rights of Others. In using the Site, you must respect the intellectual property and other rights of DFF and others. Your unauthorized use of Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. DFF respects the intellectual property rights of others. If you believe that your work has been infringed by means of an improper posting or distribution of it via the Site, then please see Section 9 below.
2 User Forums, Postings, and User-Generated Content. The Site may provide the opportunity to participate in fora, blogs, message boards, chat rooms, commentary, and other communication functionality (“User Forums“) and may provide users of the Site (“Users“) with the opportunity, through such features or otherwise, to submit, post, display, transmit, perform, publish, distribute, or broadcast (collectively, “Submit“) content and materials to DFF or the Site, including, without limitation, photographs, writings, music, video and/or audio recordings, computer graphics, artwork, data, questions, comments, suggestions, or personally identifiable information (collectively, “Submissions“).
2.1 Product Submissions Prohibited. DFF does not accept unsolicited Submissions for motion pictures, television programs, web sites, mobile apps, books, or other products or services. It is our intent to avoid the possibility of future misunderstandings when projects developed by or on behalf of DFF (whether internally or by third parties) might seem to others to be similar to their own creative ideas or materials. Therefore, please do not make any such unsolicited Submissions to DFF through this Site, including User Forums, by e-mail, text message, or otherwise. However, if you decide to make any such unsolicited Submission, you hereby grant to DFF the right and license to your Submission as set forth in Section 2.2 below.
2.2 Rights You Grant to Us. Whenever you Submit a Submission to a User Forum or some other aspect of the Site or directly to DFF (including by e-mail or text message), you: (i) grant to DFF and its affiliates an unrestricted, unconditional, unlimited, irrevocable, worldwide, non-exclusive, perpetual, fully sub-licensable and assignable, royalty-free right and license to host, use, copy, exploit, reproduce, disclose, sell, re-sell, modify, adapt, translate, incorporate in other works, and otherwise create derivative works from, publish, distribute, transmit, broadcast, perform, display, reformat, archive, store, cache, and otherwise exploit, in any manner and for any purpose whatsoever, all or any portion of such Submission (including the right to use or not use your name, voice, likeness, and other identifying information in connection therewith) via the Site, or otherwise, in any form, media, or technology, now known or later developed, and to advertise, market, and promote the same without any compensation to you (ii) consent to all relevant acts or omissions in relation to your moral rights in such Submission (if any) which may or might otherwise constitute a breach or infringement of those moral rights and to the extent permitted by law, waive all your moral rights in such Submission, even if such material is altered or changed in a manner not agreeable to you. You further authorize DFF to publish your Submissions in a searchable format that may be accessed by Users of the Site and the Internet and (iii) consent to use off this site, in any media now known or later developed, including television or anywhere on the internet, of your submission in any format without compensation
2.3 No Responsibility. We are not responsible for, and we do not endorse, the Submissions posted in User Forums by Users of the Site. We specifically disclaim any responsibility or liability to any person or entity for any loss, damage, injury, claim, liability, or other cause of any kind or nature or character based upon or resulting from any Submission.
2.4 No Obligation to Prescreen. We do not have, and do not undertake, any obligation to prescreen, monitor, edit, or remove any Submission that is posted on any User Forum or is otherwise available through the Site or enforce your intellectual property rights to your Submissions, but we have the right to protect and enforce our and our licensors’ licensed rights with respect to your Submissions. However, we retain the right (but not the obligation), in our sole discretion and for any reason, to review, prescreen, monitor, edit, delete, block access, reformat, distort, refuse to accept, remove, or move any Submission submitted by any User to a User Forum without notice or liability; provided, however, DFF reserves the right to treat Submissions on the Site, or on certain portions of the Site, as content stored at the direction of Users for which DFF will not exercise editorial control, except to enforce the rights of third parties and the content restrictions set forth below in our policies concerning Acceptable Use [link to Section 3] when notice of such violations are directed to DFF’s attention. Since we may not prescreen Submissions, if your Submission contains offensive, indecent, or otherwise objectionable content or infringes on the rights of any third parties, you may bear legal responsibility for others’ exposure to such objectionable or infringing content.
2.6 Representations You Make to Us. You are solely responsible for all Submissions that you Submit to a User Forum or some other aspect of the Site or directly to DFF (including by e-mail or text message). By doing so, you represent and warrant to DFF that each such Submission: (i) is not confidential and that you have all necessary permission to Submit and publish any such Submission; (ii) does not contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material. Upon DFF’s request, you will furnish DFF any documentation, substantiation, or releases necessary to verify your compliance with these Terms. You also acknowledge that the Internet may be subject to breaches of security and should be aware that submissions of Submissions or other information may not be secure and that you have taken or will take this into consideration before Submitting any information to DFF.
2.7 No Obligation to Use. You agree and understand that we are not obligated to post or use your Submissions Submitted through the Site or otherwise and may alternatively choose to discard your Submissions without any obligation or liability whatsoever.
2.8 Viral Distribution. DFF may grant you, but only through express written permission, the limited, revocable permission to engage in Viral Distribution of your Submissions and other Content as may from time to time be made available on the Site for such purpose (collectively, “Viral Content“). “Viral Distribution” means these personal uses only: (i) sending Viral Content to friends at no charge by e-mail or other forms of digital delivery; (ii) reproducing copies of Viral Content for personal use; (iii) posting and displaying a copy of Viral Content on a personal web site; or (iv) posting and displaying a copy of the Viral Content on a third party web site that permits Users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions and provided that the third party web site does not charge for access to the Viral Content or associate the Viral Content with products, services, or advertising. You agree to include, and not remove or alter, any of DFF’s trademark, copyright, or other proprietary rights notices, as required to be displayed with the Viral Content, and you agree to comply with usage guidelines that may be provided by DFF from time to time. DFF will not pay or reward you for Viral Distribution. You agree not to engage in spamming or other unlawful or objectionable behavior in connection with your Viral Content or Viral Distribution activities. If expressly permitted and made available on the Site, you may engage in Viral Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Viral Content without our express written permission.
3 Acceptable Use. You may use the Site only for lawful purposes, and you agree that you shall at all times comply with all applicable local, state, national, and international laws, statutes, rules, regulations, ordinances, court orders, and the like applicable to your use of the Site. In addition, while using the Site, including, without limitation, any User Forum, you agree that you will not do any of the following:
3.1 Inappropriate Submissions. Submit to or on the Site, anything that is or may be: (i) harmful, threatening, abusive, harassing, degrading, hateful, or intimidating; (ii) defamatory, libelous, or disparaging of any person or entity; (iii) false, fraudulent, or tortious; (iv) obscene, indecent, pornographic, vulgar, profane, or sexually explicit; (v) intended to promote (or have the effect of promoting) violence, racial hatred, terrorism, or illegal acts; (vi) infringing, or in violation or misappropriation of, any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property, or any other rights of any third party; (vii) in violation of any other rights of any person or entity; (viii) violative of any law or regulation; or (ix) otherwise objectionable, in DFF’s sole discretion.
3.2 Viruses; Malware. Submit any virus, worm, “Trojan Horse,“ “easter egg,“ “time bomb,“ spyware, or any other computer code, file, or program that may or is intended to damage, hijack, or otherwise interfere with the operation of the Site or any hardware, software, or telecommunications equipment or with any third party’s uninterrupted use and enjoyment of the Site.
3.3 No Spam. Submit any advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” investment opportunities, or any other form of solicitation.
3.4 Collecting Personal Information. Collect or harvest personally identifiable information about other Users of the Site or “stalk” or otherwise harass other persons.
3.5 Impersonation. Impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity, including DFF; forge headers or otherwise manipulate identifiers in order to disguise the origin of any Submissions to us or through the Site; or expressly state or imply that we endorse any statement you make.
3.6 Security, Cracking & Hacking. Violate or attempt to violate the security of any portion of the Site, including, but not limited to: (i) access Content not intended for you; (ii) log into a server or account which you are not authorized to access; (iii) attempt to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iv) attempt to interfere with or disrupt the Site or the servers or networks that provide the Site, including, without limitation, via means of Submitting a virus to the Site, overloading, “flooding,“ “mailbombing,“ or “crashing“ the Site; or (v) restrict or inhibit any other User from accessing or using the Site, including, without limitation, by means of hacking or defacing any portion of the Site.
3.7 Reverse Engineering. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site.
3.8 Data Mining, Scraping, etc. Except for search engines presenting links to users searching for DFF and related entertainment content, use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” scrape, or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
4.1 If you register for any feature that requires a password and/or username, you will either select your own password at the time of registration or will receive an e-mail notification from us with a randomly generated initial password. You may not use a username (or e-mail address) that is already being used by someone else; that may impersonate another person; that belongs to another person, without his or her prior consent; that violates the intellectual property or other rights of any person; that is vulgar or otherwise offensive; or that we reject for any other reason in our sole discretion.
4.2 If you register with the Site, you agree to accept responsibility for all activities that occur under your account or password. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your Device so that others may not access the password-protected portions of the Site using your name, username, or password, in whole or in part. You agree to immediately notify us of any unauthorized use of your password or username or any other breach of security. We shall not be liable for any loss or damage arising from your negligence or failure to comply with any of the foregoing obligations.
4.3 If you register with the Site, you agree to provide true, accurate, current, and complete information about yourself and as permitted, to maintain and update it continuously and promptly to keep it true, accurate, current, and complete. You agree that if any information you provide, or if we have reasonable grounds to suspect that any information you provide, is false, inaccurate, outdated, or incomplete, we may suspend or terminate your registration or deny you access to all or part of the Site.
4.4 We reserve the right to terminate registration and/or deny access to the entire Site or any portion of the Site to any person in our sole discretion for any reason or no reason at all. Any suspension or termination will not affect your obligations to DFF under these Terms or any Additional Terms. Upon suspension or termination of your access to the Site or upon notice from DFF, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.
5 Site Content and Performance.
5.1 Accuracy of Content. While we strive to keep the Content that we post on the Site accurate, complete, and up-to-date, we cannot and do not guarantee, represent, or warrant that any of the Content on this Site (whether posted by us, a User, or any other third party) is accurate, complete, timely, or applicable to you, nor do we have any obligation or undertaking to update the Site
5.2 Links to Other Sites. The Site may provide links to other web sites and/or resources (including advertisements) that we do not maintain or are not under our control (“Third Party Web Sites“). We do not control any Third Party Web Sites linked to from the Site, and your dealings with such Third Party Web Sites are solely between you and such third parties. We are not responsible for, and we make no representations or warranties with respect to, the Content, products, services, personal information practices, ownership, or legality of any such linked Third Party Web Site, unless expressly stated by us. Your use of such Third Party Web Sites is subject to the terms and conditions established by such third parties, and we encourage you to review their user terms and privacy policies before you use their services. Your access to and use of such Third Party Web Sites is solely at your own risk, and you agree that we will not be responsible or liable for any loss or damage of any sort that you may suffer as the result of your dealings with such Third Party Web Sites.
5.4 Linking to the Site. If you link to this Site, you must adhere to these requirements: (i) the link to this Site must not damage, disparage, dilute, present false information about, or tarnish the goodwill associated with any DFF Trademarks, products, services, employees, officers, talent, and/or intellectual property; (ii) the link to this Site must not create the false appearance that your web site and/or organization is sponsored by, endorsed by, affiliated with, or associated with DFF, unless DFF has given its prior written consent; (iii) you may not “frame” this Site, create a browser or border environment around any of the Content on the Site, or alter its Content in any other way; and (iv) you may not link to this Site from a web site that is unlawful, abusive, indecent, or obscene, that promotes violence or illegal acts, that contains expressions of racism, or adult content, that is libelous, defamatory, scandalous, or inflammatory, or is otherwise deemed inappropriate, as determined by DFF in its sole discretion. Notwithstanding anything to the contrary contained in these Terms, DFF reserves the right to prohibit linking to the Site for any reason, in its sole and absolute discretion, even if the linking complies with the requirements described above.
6 Your Contact With Advertisers or Other Third Parties. Your interaction with suppliers, advertisers, or other third parties that may appear on or be accessible through the Site are solely between you and such third party. This may include, but is not limited to, your participation in promotions, disclosure of information, use of software or other third party materials, reliance upon advertising claims, the payment for and delivery of goods or services, and any terms, conditions, warranties, or representations associated with such interactions. DFF does not make any representations or warranties with respect to any products or services that may be obtained from such third parties, and you agree that DFF will have no obligations or liability with respect to any loss or damage of any kind incurred as a result of your contact with such third party.
7.1 Mobile Features. The Site may offer features and services that are available to you via your mobile Device. These features and services may include, without limitation, the ability to upload content to the Site, receive messages from DFF, download applications to your mobile Device, or access the Site’s features (collectively, the “Mobile Features“). Standard messaging, data, and other fees may be charged by your carrier to participate in Mobile Features. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features, and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. DFF may provide additional information about the Mobile Features on the Site or otherwise, as may be determined by DFF in its sole discretion.
7.2 Terms of Mobile Features. You agree that the Mobile Features for which you are registered may send communications to your mobile device. Further, we may collect information related to your use of the Mobile Features. If you have registered for Mobile Features, you agree to notify DFF of any changes to your mobile number to reflect this change.
8.1 National Dance Day 2017 Video Contest Grand Prize: Airfare, transportation, and accommodations will not be provided to the grand prize winner(s). It will be the sole responsibility of the winner(s) to travel to the Los Angeles, CA location for the private dance class with Jade Chynoweth and provide all accommodations for everyone in his/her party. Dizzy Feet Foundation will not be held responsible for any travel, accommodations, injuries, or inconveniences during, before, or after the hosted dance session.
9 Notice and Procedure for Making Complaints Regarding Content. DFF respects the intellectual property of others, and we ask our Users to do the same. DFF reserves the right, in its sole discretion, to terminate the accounts of Users who are repeat infringers. In accordance with the Digital Millennium Copyright Act, DFF has designated a Copyright Agent to receive notice of claims of copyright infringement with respect to Content on the Site
9.1 To notify DFF of Content on the Site that you believe infringes your rights, please provide the following information to the DFF Copyright Agent listed below:
9.1.1 Your name, address, telephone number, and e-mail address;
9.1.2 A description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
9.1.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit DFF to locate the material, such as the URL or a reasonable description of where the alleged infringing material is located;
9.1.4 A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
9.1.5 A statement by you, made under penalty of perjury, that the information in the notification is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
9.1.6 An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
9.2 DFF’s Copyright Agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:
9.2.1 By e-mail: NDD@dizzyfeetfoundation.org (with the subject line: “Copyright Complaints”);
9.2.2 By facsimile: 855.333.9376
9.2.3 By postal mail: Dizzy Feet Foundation
C/O FMJ, LLP
5455 Wilshire Blvd, Suite 2020
Los Angeles, CA 90036
(with the subject line: “Copyright Complaint”)
10 DISCLAIMER OF WARRANTIES WITH RESPECT TO SITE. THE SITE (INCLUDING, WIHTOUT LIMITATION, ALL CONTENT, LINKS, MESSAGES, PRODUCTS, SERVICES, DOWNLOADS, AND OTHER MATERIALS CONTAINED ON AND/OR OBTAINED THROUGH THE SITE) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS,” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DFF AND ITS AFFILIATES AND THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND OTHER REPRESENTATIVES (COLLECTIVELY, THE “DFF PARTIES“) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND UNDERTAKINGS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
10.1 WITHOUT LIMITING THE FOREGOING, THE DFF PARTIES DO NOT WARRANT THAT THE SITE WILL BE AVAILABLE OR THAT YOUR USE OF THE SITE WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER THAT MAKES IT AVAILABLE) IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL INTERNET CONNECTIONS, HARDWARE, AND SOFTWARE NEEDED TO ACCESS AND USE THE SITE AND FOR PAYING ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF ANY DFF PARTY, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
10.2 FURTHER, THE DFF PARTIES DO NOT WARRANT THAT YOUR ACTIVITIES OR USE OF THE SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND IN ANY EVENT, THE DFF PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING ANY OF THE FEATURES OF THE SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN THE JURISDICTION WHERE YOU ACCESS OR USE THE SITE.
10.3 THE DFF PARTIES DO NOT ENDORSE ANY OF THE SUBMISSIONS, ARE NOT RESPONSIBLE FOR THE SUBMISSIONS, AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH SUBMISSIONS) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE, OR OTHERWISE), INJURY, CLAIM, LIABILITY, OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY SUBMISSION OBTAINED THROUGH THE SITE.
10.4 THE DFF PARTIES WILL NOT BE LIABLE FOR YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT OR ERRORS CONTAINED ON THE SITE.
10.5 APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THESE TERMS.
11 LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, IN NO EVENT SHALL THE DFF PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH OR RELATING TO YOUR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO USE THIS SITE OR FOR ANY INFORMATION, CONTENT, PRODUCTS, AND/OR SERVICES OBTAINED THROUGH THIS SITE OR OTHERWISE ARISING OUT OF THE USE OF THIS SITE OR PARTICIPATION IN ANY PROMOTIONS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF THE DFF PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
11.1 THE DFF PARTIES ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER MODEM, DEVICE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE, OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.
11.2 YOUR ACCESS TO AND USE OF THIS SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SITE OR ANY OF THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE OR THE CONTENT.
11.3 YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT THAT YOU INCUR ANY DAMAGES, LOSSES, OR INJURIES THAT ARISE OUT OF OUR ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE SITE AND/OR ANY OTHER WEB SITE OR OTHER AUDIO/VISUAL CONTENT OWNED OR CONTROLLED BY THE DFF PARTIES OR ITS LICENSORS OR ANY OTHER EQUITABLE REMEDY, AND YOU WILL HAVE NO RIGHT TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION, OR EXPLOITATION OF THE SITE AND/OR ANY OTHER WEB SITE OR OTHER AUDIO/VISUAL CONTENT OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.
11.4 BY ACCESSING THIS SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
12 Indemnification. You agree to indemnify, defend, and hold the DFF Parties harmless from and against any and all claims, demands, damages, losses, investigations, liabilities, judgments, settlements, costs (including attorneys’ fees), or other expenses that directly or indirectly arise from or are otherwise directly or indirectly connected to: (i) your breach or alleged breach of these Terms; (ii) your use of the Site or activities in connection with the Site; (iii) your Submissions; (iv) your violation of any law, rule, regulation, or court order; (v) information or material transmitted through your Device, even if not Submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or defames any person; (vi) any misrepresentation made by you; and (vii) the DFF Parties’ use of your information. You will cooperate as fully required by the DFF Parties in the defense of any claim. DFF reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of an officer of DFF.
13 Compliance. You understand and agree that we will determine your compliance with these Terms in our sole discretion. Any violation of these Terms may be referred to law enforcement authorities.
14 Miscellaneous Terms.
14.1 Modification or Suspension of the Site. We reserve the right, at any time and without notice to you, to modify, add, suspend, or discontinue, temporarily or permanently, the entire Site or any portion of the Site, in our sole discretion. This includes the right to modify, discontinue, or remove any Content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we shall not be liable to you for any modification, general suspension, or discontinuance of any aspect of the Site. We may, in our sole discretion, refuse or restrict anyone from access to the entire Site or any portion of the Site at any time.
14.2 Jurisdiction / Location. Unless otherwise specified, the Site and its Content are presented solely for the purpose of promoting the entertainment, information, and community resources and services available in, and other uses in, the United States. We control and operate the Site from within the State of California, United States of America, and these Terms will specifically not be governed by the United Nations Conventions on Contracts for the International Sale of Goods, if otherwise applicable. We make no representation or warranty that the Site, or any Content or other materials available on the Site, are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
14.3 Investigations; Cooperation with Law Enforcement; and Survival. DFF reserves the right, without any limitation, to: (i) investigate any suspected breaches of its Site security or its information technology or other systems or networks, (ii) investigate any suspected breaches of these Terms and any Additional Terms, (iii) involve and cooperate with law enforcement authorities in investigating any of the foregoing matters, and (iv) prosecute violators of these Terms and any Additional Terms. Those provisions of these Terms and any Additional Terms, which by their nature should survive your suspension or termination, will survive, including the rights and licenses you grant to DFF in these Terms, as well as the indemnities, releases, disclaimers, and limitations on liability, and the provisions regarding jurisdiction, choice of law, and no class action.
14.4 Severability of Agreement. If any provision of these Terms is found by a court or other binding authority to be invalid, that provision shall be deemed severable from these Terms, and the remaining provisions contained in these Terms shall continue in full force and effect.
14.5 Applicable Law. These Terms and the resolution of any dispute related to these Terms or the Site shall be governed by and construed in accordance with the laws of the State of California and the United States of America without giving effect to any principles of conflicts of law. Any legal action or proceeding between DFF and you related to these Terms or otherwise arising out of usage of this Site shall be brought exclusively in a federal or state court of competent jurisdiction sitting in or having jurisdiction over the County of Los Angeles, State of California, and you hereby consent and submit to the exclusive personal jurisdiction and venue of such courts.
14.6 Commencement of Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE WITH RESPECT TO ANY MATTER RELATING IN ANY WAY TO THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES.
14.7 No Class Actions. To the fullest extent permitted by applicable law, you agree that any and all disputes, claims, and causes of action you may have in connection with or related to the Site will be resolved individually, without resort to any form of class action.
14.8 Assignment. DFF may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of DFF.
15 Contact Information. If you have any questions or concerns with respect to these Terms or the Site, you may contact us by e-mail at NDD@dizzyfeetfoundation.org.
16 Updated Terms. DFF reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms“). You agree that we may notify you of the Updated Terms by posting them on this Site so that they are accessible via a link on the home page and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should regularly review these Terms before using the Site. The Updated Terms will be effective as of the time of posting or such later date as may be specified in the Updated Terms and will apply to your use of the Site from that point forward.
(Effective Date: June 28, 2017)