Terms of Service
Updated as of December 15, 2017
This Terms of Service Agreement (the "Agreement") controls your access and use of any of the various services (the "Services") made available to you (the "Subscriber") by Auditions LLC ("Auditions") through http://www.balletauditions.org, Auditions mobile applications or otherwise. ONLY USERS WHO ARE 13 YEARS OF AGE OR OLDER MAY REGISTER. By accessing the services and/or completing the registration process for the Auditions website, you represent that you are 13 years of age or older, and can and will be legally bound by this Agreement. By registering on Auditions, you represent and warrant that you are not required to register as a sex offender with any government entity. No Subscriber may participate where doing so would be prohibited by any applicable law or regulation.
A) Changes to the Terms
Auditions reserves the right to change or amend this Agreement at any time, for any reason, or for no reason at all, at Auditions's sole discretion. The most recent version of this Agreement will be posted on the Auditions website. Although Auditions will provide notice of material changes to this Agreement on the Auditions website, as a Subscriber it is your sole responsibility to keep yourself informed of any such changes or amendments. Should a Subscriber object to any terms and conditions of the Agreement or any subsequent changes to the Agreement or become dissatisfied with Auditions in any way, Subscriber's only solution is to immediately: (1) discontinue use of Auditions; (2) terminate their Auditions registration; and (3) notify Auditions of termination.
B) Description of Services
As a Subscriber, you will be provided with a variety of Services, as described on the Auditions website. Subscribers may also use certain additional services offered from time to time such as shopping and e-commerce offerings and various informational services. Auditions reserves the right to enhance, change, or discontinue the Services, in whole or in part, at any time, for any reason, or for no reason at all, at Auditions's sole discretion, with or without notice to Subscribers, and with no obligation to Subscribers.
C) Subscriber Conduct
Use of the Services by you, as a Subscriber, is subject to all applicable local, state, national and international laws and regulations. Auditions reserves the right, but does not assume any obligation, to monitor the Services to enforce this Agreement. Nor does Auditions guarantee that any monitoring it does perform will be to the Subscriber's satisfaction. Upon learning of any violation of this Agreement, Auditions, at its sole discretion, may terminate your access to and use of the Services, require you to correct such violation, and/or take any other actions that Auditions deems appropriate to enforce its rights and pursue all available remedies. Without limitation, Auditions reserves the right to terminate your access to and use of the Services if, in our view, your conduct fails to meet any of the following guidelines:
- Subscribers shall not engage in any harassment, including, but not limited to, excessive repetition when listing a person as a referral, repeated unwanted contact, interfering with a Subscriber's use of site or stalking.
- Subscribers shall not list the email addresses of people unknown to them.
- Subscribers shall not list as referrals any email addresses that are fake, fictitious, or made up.
- Subscribers shall not list as referrals any email addresses which are owned by or belong to that member.
- Subscribers shall not attempt to interfere with any other person's use of the Services.
- Subscribers shall not misrepresent their identity or impersonate any person or entity, including, but not limited to, a Auditions employee, forum leader, guide, business, organization or host.
- Subscribers shall not may not impersonate third parties to comment favorable on their organization or negatively on the organization of another.
- Subscribers shall not falsely represent that they are sponsored by, endorsed by, or affiliated with the Auditions website.
- Subscribers shall not use any portion of the Auditions website or the Services to post, upload, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation.
- Subscribers shall not use any portion of the Auditions website or the Services to post, upload, email, transmit or otherwise making available content, including user names and friend list names, that is harmful, threatening, abusive, vulgar, obscene, profane, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable.
- Subscribers shall not engage in any activity that is clearly offensive or promote or otherwise encourage racism, bigotry, hatred or physical harm of any kind against any group or individual.
- Subscribers shall not use any portion of the Auditions website or the Services to post, share, promote, depict, encourage, solicit or exchange Content Harmful to Minors.
- Subscribers shall not upload photos, graphics or other content that contain or promote illegal substances or activities, including, but not limited to, underage drinking or smoking, substance abuse, weapon use, or gang affiliation.
- Subscribers shall not post content that displays pornographic or sexually explicit material of any kind.
- Subscribers shall not provide material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
- Subscribers shall not provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
- Subscribers shall not attempt to gain unauthorized access to Auditions's database or other computer systems.
- Subscribers shall not attempt to change, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Auditions in connection with the Auditions website or the Services.
- Subscribers shall not engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Services or the Auditions website.
- Subscribers shall not collect or store personal data about other Subscribers in connection with the prohibited conduct and activities set forth in paragraph #1 through #18 above.
- Subscribers shall not use any portion of the Auditions website or the Services for any unlawful purpose.
- Subscribers shall not engage in any activity that solicits or is designed to solicit password or personal identifying information for commercial or unlawful purposes from other Subscribers.
- Subscribers shall not use the account, username, or password of another Subscriber at any time or disclose their password to any third party or permit any third party to access their account.
- Subscribers shall not publicly post information that poses or creates a privacy or security risk to another person.
All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of Auditions and its designees. Auditions has the right in its sole discretion to pre-screen, refuse or remove any content that is available via the Auditions Services. Auditions and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. An account may be terminated at any time, without notice, depending on the severity of the offense, which is determined exclusively at the discretion of Auditions. Auditions is not obligated to provide a Subscriber with a warning prior to removal.
E) Document Retention Schedule
All personal information collected by Auditions in connection with your use of the Auditions website, including, without limitation, your name, location, email address, pictures, friend connections, messages, comments, login information, ip addresses and other data, will may be stored by Auditions indefinitely and will be stored in a safe and secure manner.
F) Notice Regarding Commercial Email
SUBSCRIBERS CONSENT TO RECEIVE COMMERCIAL E-MAIL MESSAGES FROM AUDITIONS, AND ACKNOWLEDGE AND AGREE THAT THEIR EMAIL ADDRESSES AND OTHER PERSONAL INFORMATION MAY BE USED BY AUDITIONS FOR THE PURPOSE OF INITIATING COMMERCIAL E-MAIL MESSAGES.
G) Subscriber Account and Password
Once Subscriber registers for Auditions, Subscriber will have a password and an account with Auditions. Subscriber is responsible for keeping the Subscriber's password and account confidential. Furthermore, Subscriber is entirely responsible for any and all activities that occur under Subscriber's account. Subscriber agrees to immediately notify Auditions of any unauthorized use of Subscriber's account or any other breach of security known to Subscriber. Subscriber will not share an account with anyone else and will follow our rules and the law.
I) VIP Subscribership
You may decide to upgrade your membership to VIP status for an additional monthly cost. For details on pricing and what it means to be a Auditions VIP, please visit http://www.BalletAuditions.org/vip/details.html. If you choose to become a Auditions VIP, you will be able to elect to have your membership automatically renewed on a monthly basis by enrolling in the auto-renew program through our partnership with PayPal. If, at any point, you wish to discontinue your VIP membership, you must visit http://www.BalletAuditions.org/vip/cancel.html and select 'CANCEL' at least 3 days prior to your next scheduled automatic payment so that we can process your cancellation properly.
Auditions may offer the Services through a mobile website and/or mobile applications (collectively, the "Mobile Applications"). This Agreement governs all Services that are accessible on or through the Mobile Applications. If you use the Services on a mobile device, you agree that information about your use of the Services through your mobile device and carrier may be communicated to us, including but not limited to your mobile carrier, your mobile device, or your physical location. Although we provide our Services through the Mobile Websites free of charge, your mobile carrier's standard fees and rates will still apply. You accept responsibility for all charges.
K) Copyrights, Trademarks, Patents and Intellectual Property Rights
Subscriber acknowledges that messages, files or other materials ("Content") contained on the Auditions website and within Auditions email messages, and third party advertisements on the website and distributed via email, of a commercial nature and presented to Subscriber by Auditions and the Services, are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Subscriber is permitted to use Auditions Content or third party Content only as expressly authorized by Auditions or the third party advertiser. Subscriber may not copy, reproduce, distribute, or create derivative works from the Auditions Content or third party Content without expressly being authorized to do so by Auditions or the third party advertiser. Subscriber may make a copy of the Auditions Content or third party Content for Subscriber's personal, noncommercial use only, provided that Subscriber keeps all copyright or other proprietary notices intact. Although Auditions does not claim ownership of content that its Subscriber's may provide to Auditions, by providing content to Auditions, Subscribers automatically grant, and represent and warrant that they have the right to grant, to Auditions a worldwide, irrevocable, perpetual, non-exclusive, and fully sublicensable, license to use, copy, perform, display, and distribute said content.
Auditions respects copyright law and expects Subscribers to do the same. Illegal or unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders' rights. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Auditions's Agent for Notice of claims of copyright or other intellectual property infringement ("Agent"), at firstname.lastname@example.org
Please provide our Agent with the following Notice:
- Identify the copyrighted work or other intellectual property that you claim has been infringed;
- Identify the material on Auditions that you claim is infringing, with enough detail so that we may locate it on the website;
- 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;
- A statement by you declaring under penalty of perjury that (a) the above information in your Notice is accurate, and (b) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner;
- Your address, telephone number, and email address; and
- Your physical or electronic signature.
Auditions's Agent will forward this information to the alleged infringer. It is Auditions's policy to terminate the accounts of repeat infringers.
You and Auditions agree that, except as otherwise specifically provided in this Agreement, you and Auditions shall seek to resolve any and all disputes between Auditions and you, respectively, including, without limitation, all claims, counter-claims and cross-claims (collectively, "Claims"), whether in law, equity or otherwise, solely through individual arbitration in accordance with the policies and procedures set forth in this Agreement. Such disputes shall include without limitation:
- disputes arising out of and/or otherwise relating to any Services and/or any content on the Auditions website;
- disputes arising out of and/or otherwise relating to any information, communications and/or other material that you and/or any other person and/or entity provide to and/or through the Auditions website;
- disputes arising out of and/or otherwise relating to any information and/or other material that is collected, stored and/or disseminated by, on behalf of and/or with the approval of Auditions;
- disputes arising out of and/or otherwise relating to any advertising and/or other communications by Auditions in connection with the Auditions website;
- disputes that are the subject of purported class action litigation in which you are not a member of a certified class;
- disputes that arose before you entered into this Agreement and/or any prior version of this Agreement;
- disputes that may arise after you terminate your registration with the Auditions website; and
- disputes arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory.
Despite the language agreed to above and as an alternative to arbitration, either you and/or Auditions may bring an individual action against the other in small claims court. Additionally, you and/or Auditions may bring any Claim against the other to the attention of a federal, state and/or local government entity, which may elect to seek relief against Auditions on your behalf, and/or against you on Auditions's behalf.
You agree that you and Auditions have voluntarily and intentionally waived any and all right to a trial by jury, and (except as otherwise specifically provided in this Agreement) any and all right to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this Dispute provision. This Dispute provision shall survive termination of this Agreement.
For you or Auditions to initiate arbitration against the other party it must first send by certified mail to the other party a written Notice of Dispute ("Notice"). The Notice must identify and detail the nature of the party's Claim, the basis for that Claim, and the specific relief being sought for that Claim, including, without limitation, any Claim for injunctive relief. For the parties' convenience, a form for providing Notice is available at http://www.BalletAuditions.com/disputeresolution_forms.html to download and complete. A Notice being sent to Auditions must be addressed to email@example.com. A Notice being sent to you shall be sent to your Auditions e-mail account and to any other e-mail address provided in your registration (collectively, "Subscriber Notice Address"). You may also opt to receive a copy of any Notice via mail by sending a written request to the Auditions Notice Address including your name, postal address, Subscriber Notice Address and Auditions User ID number (UID).
After receipt of the Notice you and Auditions must attempt in good faith to resolve the dispute set forth in the Notice.
Either party may terminate use of the Auditions website or the Services with or without cause at any time and effective immediately upon written notice to the other party. Auditions may terminate with or without cause at any time and effective immediately, at Auditions's sole discretion, including but not limited to Subscriber's failure to conform with these terms and conditions of the Agreement. Auditions shall not be liable to Subscriber or any third party for termination of use of Auditions or the Services. Subscriber's right to use Auditions or the Services shall cease immediately. Subscriber shall have no right and Auditions will have no obligation thereafter to forward any unread or unsent messages to Subscriber or any third party. Sections G-N shall survive termination of the Agreement.
N) DISCLAIMERS OF WARRANTIES
SUBSCRIBER AGREES THAT USE OF THE AUDITIONS WEBSITE AND THE SERVICES IS ENTIRELY AT SUBSCRIBER'S OWN RISK. THE Auditions WEBSITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDITIONS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE AUDITIONS WEBSITE AND THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, Auditions DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE AUDITIONS WEBSITE OR THE SERVICES ACCESSED THROUGH ANY LINKS ON THE AUDITIONS WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, AUDITIONS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE AUDITIONS WEBSITE OR THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
O) LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL AUDITIONS BE LIABLE AS A RESULT OF SUBSCRIBER'S USE OR MISUSE OF THE Auditions WEBSITE OR THE SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Auditions WEBSITE OR THE SERVICES, FROM INABILITY TO USE THE AUDITIONS WEBSITE OR THE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE AUDITIONS WEBSITE OR THE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AUDITIONS WEBSITE OR THE SERVICES OR ANY LINKS ON THE AUDITIONS WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE AUDITIONS WEBSITE OR THE SERVICES OR ANY LINKS ON THE AUDITIONS WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdiction, limitations of liability are not permitted. In such jurisdictions, the foregoing limitation may not apply to you.
P) EVENT LIABILITY WAIVER
Physical activities at an Auditions may involve risks and dangers of serious bodily injury, including permanent disability, paralysis, and death ("Injury"). This Injury may be caused by my action or inaction or the action or inaction of others at the Auditions event. In consideration for being permitted to participate in any way in activities at an Auditions event, all members’/participants’ registering for and/or attending the Auditions event, discharge, and covenant not to sue Auditions or any involved businesses, their administrators, directors, agents, officers, members, volunteers, employees, other participants, any sponsors, advertisers, and, if applicable, owner and lessors of premises on which these and all other Activities take place for any Injury that may occur to me or my family. Through member/participant registration for and attendance at an Auditions event, you consent to the Event Liability Waiver.
Q) USE OF MATERIALS
The contents of this site, including, but not limited to, text, graphics and icons, are copyrighted materials (“Contents”) owned or controlled by Auditions, or entities which have granted certain rights to Auditions. The Contents may also contain Audition's or such other entity’s name, trademarks, service marks, and trade names, as well as product designs covered by United States and foreign design patents. You are hereby granted a nonexclusive, nontransferable, limited license to view, download, and print portions of the Site and the Contents of the Site, for your personal use in learning about the topic discussed at the Site, in evaluating or acquiring Auditions's services or products, or in learning about and evaluating other services and products described at the Site.
Except as specifically provided herein, Auditions does not grant permission to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the Site or the Contents.
Use, duplication or disclosure by or for the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)1(ii) and FAR 52.227-19.
R) THIRD PARTY LINKS
Auditions assumes no responsibility for material created or published by third parties. This included links to third party sites posted on the Auditions site by its subscribers.
All information submitted to Auditions via this Site, Auditions’s Social Media outlets, or via any postal or any e-mail submission to any Auditions employee or volunteer, shall remain the property of Auditions. Auditions will credit all submissions to the legal author, if the submission is published by Auditions. Auditions reserves the right to review and edit all content posted on the website and remove material which is objectionable to Auditions, in its sole discretion.
You warrant that all information submitted by you is fit for publication, and is not libelous, defamatory, protected by an existing copyright and/or pornographic.
You agree to indemnify Auditions if any third party takes action against Auditions, and agree not to take action against Auditions, in relation to any material you submit, regardless of form.
By submitting information, you warrant that Auditions may publish the information, and/or incorporate it or any concepts described in such information, without liability to you or any other or entity.
Subscriber agrees to indemnify and hold Auditions, its subsidiaries, affiliates, successors, assigns, directors, officers, agents, employees, service providers, and suppliers harmless from any dispute which may arise from a breach of terms of this Agreement or use of the Services. Subscriber agrees to hold Auditions harmless from any claims and expenses, including reasonable attorney's fees and court costs, related to Subscriber's violation of this Agreement.
U) Governing Law
The Agreement and the relationship between Subscriber and Auditions shall be governed by and interpreted in accordance with the laws of the State of California, without regard to any conflict of law principles to the contrary. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, you and Auditions nevertheless agree that the court should strive to give effect to your and Auditions's intentions as reflected in the provision, and the other provisions of the Agreement shall remain unaffected and in full force and effect. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to Auditions, the Services and/or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. Auditions makes no representation that any material and/or other content on this website is appropriate and/or available for use in other locations, and accessing such material and/or content from territories where it is illegal is prohibited. Any persons who choose to access this website from other locations do so on their own initiative and at their own risk, and are solely responsible for compliance with all applicable laws.
The Agreement makes up the entire agreement between Subscriber and Auditions and governs your use of Auditions and the Services, superseding any prior agreements between Subscriber and Auditions. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Auditions to exercise or enforce any right or provision of the Agreement shall not result in a waiver of such right or provision. The section titles in the Agreement are for convenience only and have no legal or contractual effect. In the event there is a discrepancy between this English language version and any translated copies of the Website Terms and Conditions, the English version shall prevail. The side summaries within this Agreement are for reference only. In the event that there is a discrepancy between the full terms of this Agreement and the language contained within the side summaries the full version of the Agreement shall prevail.
Users with questions about this Terms of Service and any of the above statements may contact Auditions by writing to firstname.lastname@example.org