Terms and Conditions
Prohibited Conduct
You may not (i) use this Website for any unlawful purpose; (ii) restrict or inhibit any other user from using and enjoying this Website; (iii) hack, sabotage, vandalize or deface any portion of this Site by any means; (iv) introduce 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 or hijack or negatively affect the Website; (v) post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, SPAM or other unsolicited commercial communication; (vi) post or transmit any material is patently offensive or that promotes racism, bigotry, hatred or violence or that contains nudity, violence, pornography, sexually explicit material or offensive subject matter; (vii) impersonate any other person or entity, or misrepresent your affiliation with any other person or entity; (viii) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this Website or any Content on this Website; or (ix) post or transmit any information or material on this Website that violates or infringes any copyright, trademark, patent, intellectual property or other proprietary right of any party.
License to Your Content
By posting, displaying, publishing or transmitting any Content on or through the Website, you grant us a non-exclusive, fully-paid, royalty-free, perpetual, irrevocable, worldwide license to use, publicly display, publish, publicly perform, copy, modify, adapt, translate, create derivative works, store, reproduce, transmit, distribute and sublicense such Content on the Website, in print or in any other format or media now known or hereafter invented, without prior notification, compensation, or attribution to you, and without your consent. If you wish to remove any Content from the Website, your ability to do so may depend on the location and type of Content and other factors. You may contact us to request the removal of certain Content you have Posted, but we have no obligation to remove such Content, may choose whether or not to do so in our sole discretion, and we make no guarantee as to the complete deletion of any such Content or copies thereof. Furthermore, a back-up copy of Content posted by you may remain on our servers after the Content appears to have been removed from the Website, and we retain the our rights to all such remaining copies. You represent and warrant that: (i) you own all right, title and interest in all Content posted by you on the Website or otherwise have the right to grant the license to us set forth in this section, and (ii) your posting of Content on the Website does not violate the privacy or publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality or any other rights of any third party.
Intellectual Property Infringement Claims
We respect the intellectual property of others, and we ask you to do the same. If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Website;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that our use of the material is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By mail:
Bruce Patterson
PATTERSON + SHERIDAN LLP
24 Greenway Plaza, Suite 1600
Houston, TX 77046
By e-mail:
Privacy Policy
We are committed to respecting your privacy and protecting your personally identifiable information. Any information we may collect through your use of this Site is subject to our Privacy Statement.
Health Disclaimer
The Website may provide information related to exercise, fitness, diet and nutrition and is intended for your personal use and informational purposes only. You should consult with a physician before beginning any exercise, fitness, diet or nutrition routine, especially if you are pregnant of have pre-existing health conditions. Nothing contained in this Site should be considered as medical advice or diagnosis. Your use of the Website is solely at your own risk.
Minors
The Website is not directed to persons under eighteen years of age. By using the Website or registering as a member, you are representing that you are eighteen years of age or older. If you are younger than eighteen years of age and would like to become a registered member of Website, you are required to have your parent or legal guardian contact us prior to your use of the Website.
Other Sites; Linked Sites
The Site contains links to websites that we do not own or operate (“Third Party Websites”). We do not monitor or evaluate Third Party Websites, and we are not in any way responsible for the Third Party Websites. Just because our Website links to a Third Party Websites does not imply in any way that we endorse, support or approve of the Third Party Websites. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
International Use
Due to the global nature of the Internet, you may be able to access this Website in countries outside the United States, and you agree to comply with all laws, regulations and rules regarding your use of the Internet and this Website, regardless of the country you are in when you access this Website. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Term and Termination
This Terms of Use shall remain in full force and effect as long as it is posted on any of our Website. You may terminate your membership at any time, for any reason, by following the instructions on the Website. We reserve the right to terminate your account or your access to our Website immediately, with or without notice to you, and without liability to you, if we believe that you have breached any of the terms of this Terms of Use, furnished us with false or misleading information, or interfered with the use of the Website by others.
Disclaimer of Warranties
THIS WEBSITE IS PROVIDED BY BALLET BEAUTIFUL AND ITS AFFILIATES “AS IS” AND “AS AVAILABLE.” NEITHER BALLET BEAUTIFUL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR AFFILIATES MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, ITS CONTENTS, APPLICATIONS AVAILABLE ON THE WEBSITE OR DOWNLOADED THEREFROM, OR ANY INFORMATION MADE AVAILABLE BY OR THROUGH THE WEBSITE. IN ADDITION, BALLET BEAUTIFUL AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES DISCLAIM ALL WARRANTIES WITH RESPECT TO THE WEBSITE, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE, BALLET BEAUTIFUL DOES NOT WARRANT THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED, AVAILABLE AT ANY TIME OR FROM ANY PARTICULAR LOCATION, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
BALLET BEAUTY AND ITS OFFICERS,DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS TERMS OF USE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU.
Indemnification and Release
You agree to defend, indemnify and hold Ballet Beauty (and its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents) harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees and costs) arising from: (i) your use of and access to the Website; (ii) your breach of any term of these Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of content caused damage to a third party. This indemnification and release obligation will survive the termination or expiration of this Terms of Use and your use of the Website.
Assignment
You may not assign, transfer or delegate any rights and licenses granted to you hereunder. Ballet Beauty may assign, transfer or delegate any of its rights and obligations hereunder without restriction or limitation.
Waiver and Severability
such provision in the future. If any provision of these Terms of Use is found by any court of competent jurisdiction to be invalid or unenforceable, the invalidity of such provision shall not affect the other provisions of these Terms of Use, and all provisions not affected by such invalidity shall remain in full force and effect.
Entire Agreement
These Terms of Use constitute the entire agreement between you and Ballet Beauty with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral, relating to the same subject matter.
Force Majeure
Notwithstanding any other terms of this Agreement, Ballet Beauty shall not be liable for failure to perform hereunder if such failure is caused by an occurrence beyond our reasonable ontrol, including but not limited to, fire, flood, strike, power outage or other industrial disturbance, failure of transport, denial of service attack, accident, war, riot, insurrection, acts of God or acts of civil or military authority.
Governing Law and Venue
This Agreement shall be construed under the laws of the State of Florida, without regard to its conflict of laws principles, and all disputes arising hereunder shall be filed exclusively in Florida, including the federal courts therein, and the parties consent to the jurisdiction of such courts, agree to accept service of process by mail, and hereby waive any jurisdictional or venue defenses otherwise available.