Updated: May
20, 2005
INTRODUCTION
Welcome to the StrictlyBallet.com web site. Please read the
following Terms and Conditions of Use agreement carefully and in its
entirety. This agreement governs and controls your visit and use of
the StrictlyBallet.com Web site. This agreement is comprehensive. No
other terms or conditions apply.
ACCEPTANCE OF TERMS & CONDITIONS OF USE
By using this Web site, you signify your agreement to all terms,
conditions, and notices contained or referenced in these Terms &
Conditions of Use. If you do not agree to these Terms & Conditions
of Use, please discontinue your use of this Web site.
StrictlyBallet.com reserves the right, at its sole discretion, to
add, remove, revise, update or modify any portions of these Terms &
Conditions of Use at any time. Please review these Terms &
Conditions of Use periodically for changes. Your continued use of
the StrictlyBallet.com Web site subsequent to the posting of changes
to these Terms & Conditions of Use will mean that you accept all
changes.
ENTIRE AGREEMENT
The Terms and Conditions of Use of this agreement may NOT be
altered, supplemented, or amended by the use of any additional
document(s) that purport to be an agreement of the parties. Any
attempt to alter, supplement or amend this agreement will be held to
be null and void.
LIMITATION OF LIABILITY
STRICTLYBALLET.COM NOR ANY OF ITS OFFICERS, DIRECTORS, OWNERS,
AGENTS, OR EMPLOYEES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT,
SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL
DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR
LEGAL COSTS) ARISING FROM OR IN CONNECTION TO THE USER'S ACCESS OR
INABILITY TO ACCESS, OR USE WHILE VISITING THIS WEB SITE, OR FROM
RELIANCE ON ANY INFORMATION PROVIDED AT THIS SITE, EXCEPT AS
EXPRESSLY PROVIDED BY THIS AGREEMENT. THIS LIMITATION APPLIES TO ALL
CAUSES OF ACTION INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT,
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION,
AND ANY OTHER TORT EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. THIS PROVISION GIVES USER'S SPECIFIC RIGHTS AND USER'S MAY
ALSO HAVE OTHER RIGHTS THAT VARY DEPENDING ON JURISDICTION. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES. AS A RESULT, THE EXCLUSIONS LISTED MAY NOT
APPLY TO YOU.
INDEMNIFICATION
When visiting this Web site, you expressly agree to indemnify,
defend and hold harmless StrictlyBallet.com and all officers,
directors, employees, owners, agents, content providers, licensors
and licensees from and against any and all liability and costs,
including, without limitation, reasonable legal fees, incurred by
the named indemnified parties in connection with any claim arising
out of any breach by you of this Agreement including, but not
limited to submissions, transmissions, and postings of materials.
You agree to co-operate as fully and reasonably required in defense
of any such claim. StrictlyBallet.com reserves the right, at its own
expense, to assume the exclusive defense
and control of any matter subject to indemnification by you.
GOVERNING LAW
All legal actions regarding this Web site will be governed by and
construed in accordance with the laws of New York
State, The United States of America, and the applicable federal laws
of the United States of America, without regard to its conflict of
laws provision. The failure of StrictlyBallet.com to exercise or
enforce any right or provision of this Terms & Conditions of Use
agreement will not constitute a waiver of such right or provision.
Users expressly consent to and agree that the jurisdiction
controlling this agreement is the courts of New
York State, The United States of America. In the event that
any provision of these Terms and Conditions of Use is found to be
unlawful, void or for any reason unenforceable, then that provision
will be deemed severable from this agreement. The validity and
enforceability of all remaining provisions continue to be in force.
THIRD PARTY WEB SITES
StrictlyBallet.com provides links to other Web sites on the
Internet. StrictlyBallet.com does not assume any responsibility for
such content and makes no express or implied warranty about the
accuracy, copyright compliance, legality, merchantability, or any
other aspect of the content of such Web sites. You expressly
acknowledge that StrictlyBallet.com makes no representations about
any non-StrictlyBallet.com Web site which you may access through
this Web site. When you access a non- StrictlyBallet.com Web site,
it is independent from StrictlyBallet.com, and StrictlyBallet.com
has no control in any way over the content on that Web site. In
addition, links to non-StrictlyBallet.com Web sites do not mean that
StrictlyBallet.com endorses, is in any way associated with the Web
sites' owners or operators, or accepts any responsibility for the
content or the use of such Web sites . It is for users of this Web
site to take precautions to ensure that whatever is selected for use
is free of such items such as viruses, worms, Trojan horses and
other items that may be of a destructive nature. IN NO EVENT WILL
STRICTLYBALLET.COM BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS WEB SITE,
ITS CONTENT, OR ANY OTHER HYPERLINKED WEB SITE, INCLUDING, WITHOUT
LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF
PROGRAMS OR OTHER DATA ON INFORMATION HANDLING SYSTEMS OR OTHERWISE,
WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE
OR OTHERWISE EVEN IF STRICTLYBALLET.COM HAS ACTUAL KNOWLEDGE OF THE
POSSIBILITY OF SUCH DAMAGES.
PROPRIETARY RIGHTS
StrictlyBallet.com respects the intellectual property rights of
third parties and asks users to this Web site to do the same. Unless
otherwise noted, the Content, software, technology, and/or processes
described and/or used on this Web site, as well as the Web site's
design and layout are all subject to copyright, trademark, patent or
other intellectual property, proprietary, and other legal rights
owned and reserved by StrictlyBallet.com or third parties and may
not be used except as permitted in these Terms & Conditions of Use
or with the express written consent of the right(s) holder. Nothing
in this Agreement will be construed in any manner, by implication,
estoppel or otherwise, as a license, title transfer, assignment, or
waiver of any intellectual property, proprietary or other legal
right held by StrictlyBallet.com or any third party
StrictlyBallet.com and StrictlyBallet.com.com are copyright ©. Any
use or reproduction, in whole or in part, without the express
written consent of StrictlyBallet.com is strictly prohibited. All
rights reserved.
All of the information and material (collectively, the "Content") on
the StrictlyBallet.com Web site are copyrighted including, but not
limited to, the layout and design of the Web site. By visiting this
Web site, you expressly agree that any copy or portion of the
Content that you make will retain copyright. POSTING CONTENT ON
OTHER WEB SITES OR COMPUTER ENVIRONMENTS IS STRICTLY PROHIBITED
WITHOUT THE EXPRESS PERMISSION OF THE COPYRIGHT HOLDER. No Content
from the StrictlyBallet.com Web site may be copied, reproduced,
republished, uploaded, posted, transmitted, or distributed in any
way without the express permission of the copyright holder except
that you may download one copy of the Content on any single computer
for your personal, non-commercial use only, provided that (i) you
keep intact all copyright and all other proprietary notices, (ii)
you make no alterations to the Content, (iii) you do not use the
Content in a manner that suggests an association with any of our
services or brands, and (iv) you do not download quantities of
Content to a database that can be used to avoid future downloads
from the StrictlyBallet.com Web site.
DISCLAIMER OF WARRANTIES
All materials, information, software, and services included in this
Web site (the "Content") is provided "as is" and "as available" for
your use. The Content is provided without warranties of any kind,
either express or implied, including, but not limited to, implied
warranties of merchantability, fitness for a particular purpose, or
non-infringement. StrictlyBallet.com does not warrant that the
Content is accurate, reliable, or correct. Content on this Web site
may contain technical inaccuracies and typographical errors. Content
may be changed or updated without notice. StrictlyBallet.com may
make improvements and/or changes to the Web site at any time and
without notice. The materials that you read on this Web site that
are provided by StrictlyBallet.com are offered solely for
entertainment, promotional and commerce purposes. Your use of this
Web site is solely at your own risk. Some jurisdictions do not allow
the exclusion of implied warranties, so the above exclusions may not
apply to you.
WAIVER/INVALIDITY
Failure of StrictlyBallet.com to insist upon strict performance of
any provisions of these Terms & Conditions of Use will not be deemed
to be a waiver of any available rights and/or remedies. In the event
that any provision of these Terms & Conditions of Use should be
deemed by a court to be unenforceable, the remainder will stand.
PRIVACY POLICY
Read our policy statement on Privacy & Security.
ADDITIONAL LEGAL INFORMATION
CONTENT ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO
NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Content on this Web site may contain technical inaccuracies and
typographical errors. Content may be changed or updated without
notice. StrictlyBallet.com may make improvements and/or changes to
our Web site at any time and without notice. The materials that you
read on this Web site that are provided by StrictlyBallet.com are
offered solely for entertainment, promotional and commerce purposes.
This is the Web site of StrictlyBallet.com.
Please contact
StrictlyBallet.com by e-mail at:
tirone@strictlyballet.com
