Acceptance of Terms
Use of the Service and Content
Dawson|Wallace authorizes you to view the text, graphics, images, and other material contained on the Dawson|Wallace.org Website (the "Content") solely for your personal, noncommercial use. The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with Dawson|Wallace. Any use of the Content not expressly permitted is a breach of this Agreement and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Dawson|Wallace. All rights not expressly granted herein are reserved to Dawson|Wallace. Any special rules for the use or copyright of the Content may be included elsewhere within the Dawson|Wallace.org Website and are incorporated into this Agreement by reference.
Dawson|Wallace and the Dawson|Wallace device are trademarks of Dawson|Wallace Dance Project, Inc. A number of entered words which we have reason to believe trademark, servicemark, or other proprietary rights may exist have been designated as such by use of initial capitalization. However, no attempt has been made to designate as trademarks or servicemarks all personal computer words or terms in which proprietary rights may exist. The inclusion, exclusion, or definition of a word or terms in not intended to effect, or to express any judgement on, the validity or legal status of any proprietary right which may be claimed in that word or term.
Use by Minors
Certain areas on the Service may contain content geared toward adult or mature users. The suggested minimum age for users is at least 18 years of age. WE STRONGLY RECOMMEND THAT PARENTS PARTICIPATE IN THEIR CHILDREN'S EXPLORATION OF THE INTERNET AND ANY ONLINE SERVICES AND USE THEIR BROWSER'S PARENTAL CONTROLS TO LIMIT THE AREAS OF THE INTERNET TO WHICH THEIR CHILDREN HAVE ACCESS. We reserve the right, at our discretion, to require users under 18 to obtain the consent of a parent or guardian to view certain content, and we may limit access to certain content to users above a specified age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions.
Material Submitted Directly to Dawson|Wallace
Dawson|Wallace does not read unsolicited submissions sent by the public. Accordingly, we must ask that you not send us any original creative ideas, suggestions, or materials ("Submission"). If, despite our request, you send us any creative idea, suggestion, or material, it shall become our property. No Submission will be subject to any obligation of confidence by us, and we will not be liable for any use or disclosure of any Submission. We will exclusively own all known or later-existing rights to the Submission worldwide and will be entitled to the unrestricted use of the Submission for any purpose, without compensation to the provider of the Submission.
Dawson|Wallace may provide links to third-party Websites. Dawson|Wallace does not recommend and does not endorse the content on any third-party Websites. Dawson|Wallace is not responsible for the content of linked third-party sites, sites framed within our Website, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party Websites is at your own risk and subject to the terms and conditions of use for such sites. Dawson|Wallace does not endorse any product advertised on our Website.
Notice of Procedure for Making Claims of Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dawson|Wallace's copyright agent with written information specified below. Please note that this procedure is exclusively for notifying Dawson|Wallace and its affiliates that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and email address;
- 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; and
- 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.
Dawson|Wallace's Copyright Agent for notice of claims of copyright infringement on its Site can be reached as follows:
Dawson|Wallace Dance Project
PO Box 1107
Golden, Colorado 80402
General Terms and Conditions
When using the Service, information may be transmitted over a medium beyond the control and jurisdiction of Dawson|Wallace. Accordingly, Dawson|Wallace assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" BASIS. DAWSON|WALLACE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
DASWSON|WALLACE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE, OR THE SERVICES THAT MAKE THE WEBSITE AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DAWSON|WALLACE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS WEBSITE OR THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
IN NO EVENT SHALL DAWSON|WALLACE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THE SERVICE WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY LEGAL THEORY AND WHETHER OR NOT DAWSON|WALLACE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold Dawson|Wallace, its officers, directors, employees, and agents harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, or your violation of any rights of another.
You expressly agree that exclusive jurisdiction for any dispute with Dawson|Wallace, or in any way relating to your use of the Service, resides in the courts of the State of Colorado and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of Colorado in connection with any such dispute including any claim involving Dawson|Wallace or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Agreement is governed by the internal substantive laws of the State of Colorado, without respect to its conflict of laws principles. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you have any questions about the Service, please contact us at: Privacy Inquiry.
By any further use of the Service you acknowledge and agree that you are entering into a binding contract with Dawson|Wallace and that you will be bound by the preceding terms and conditions.
(Last Revised on September 19, 2011)