Site usage agreement
By using this site and/or viewing, printing, and/or downloading any material, you agree to be bound by this Agreement.
This agreement applies to you. Space Coast Ballet reserves the right to change this Agreement from time to time at its sole discretion, and your use of the site will be subject to the most current version posted on the site at the time of your use. If you do not wish to be bound by this Agreement, do not accept this Agreement and do not use this site or download or use any Images.
Permitted Use of this Site
This site is maintainted and operated by Space Coast Ballet. All images and related informational materials in any medium furnished by Space Coast Ballet hereunder, including related text, captions, or information (collectively referred to as "Images") are owned by Space Coast Ballet. All Images are protected by copyright laws.
This site contains both Images that depict a visible watermark (“Watermarked Images”) and Images that do not contain a visible watermark (“Non-Watermarked Images”). Space Coast Ballet allows you to view and use Watermarked Images only as permitted below. Space Coast Ballet may also provide access to Non-Watermarked Images, which shall be used only as permitted below. You may not remove any copyright or other proprietary notices contained in the Images, caption information, or any other material on this site. Space Coast Ballet reserves the right to revoke your authorization to view, download and use the Images and information available on this site at any time, and you agree to immediately discontinue your such use upon notice from Space Coast Ballet. All rights not specifically granted under this Agreement are reserved to Space Coast Ballet. Additionally, you may not employ software to "crawl" or search our web site and/or retrieve Images or related information.
Space Coast Ballet may immediately terminate all licenses granted to you without notice if you fail to comply with any provision of this agreement or with Space Coast Ballet' Standard Terms and Conditions applicable to your use. If a license is terminated, you agree to immediately (i) stop using this site and the Images, (ii) delete all Images and all copies from all magnetic media and destroy all other copies, or at Space Coast Ballet's request return all such copies to Space Coast Ballet. Your use of this site and any Images shall comply with all applicable law. Space Coast Ballet may restrict or remove your access to this site at any time, or restrict or remove the use of any Image for any reason, and may replace the Image with another Image, and you agree to immediately discontinue all use of the Image upon notification from Space Coast Ballet.
Despite our efforts to provide accurate information, this site may contain technical or other mistakes, inaccuracies or typographical errors. You are solely responsible for determining whether your use of any Image requires the consent of any third party or the license of any additional rights, and you should not rely solely on the information provided by SSpace Coast Ballet. If you are unsure whether additional third-party rights are needed for your use, you are responsible for consulting with competent rights management professionals or legal counsel.
Listed Restrictions
Images may contain listed restrictions, including without limitation restrictions as to time, manner, industry and territory of use. Your ability to access an Image does not in itself entitle you to use that Image. Use of any Image contrary to a listed restriction is prohibited. If you do not understand or are unsure as to any restriction, you must contact Space Coast Ballet prior to download or use of any Image.
Unauthorized Use
Without limitation, Images may not be used as a trademark or service mark, or for any pornographic use, unlawful purpose or use, or to defame any person, or to violate any person's right of privacy or publicity, or to infringe upon any copyright, trade name, trademark, or service mark of any person/entity. You may not modify an image that may depict the subject matter of an Image in a negative or unfavorable light or subject persons to ridicule, or in any way cause the disparagement of a person or persons, or of the Space Coast Ballet. Unauthorized use of these Images constitutes copyright infringement and shall entitle Space Coast Ballet to exercise all rights and remedies under applicable copyright law, including an injunction preventing further use and monetary damages against all users and beneficiaries of the use of such Images. The foregoing is not a limiting statement of Space Coast Ballet's rights or remedies in connection with any unauthorized use.
Personal Use Only
Space Coast Ballet forbids the useage of any photo for other than personal use. You are solely responsible for the use of any Image in combination with any other material, and you agree not to use Images for non-personal use without Space Coast Ballet's separate written agreement. You may not modify, alter, or remove any visible or electronic watermark, or disassemble, reverse engineer, or decompile any Image. Except for this limited, personal use as granted by this agreement, Space Coast Ballet grants you no other rights, and you may not distribute, sublicense or make available for use or distribution any Watermarked or non-watermarked Image.
Indemnification
You agree to indemnify, defend, and hold harmless Space Coast Ballet against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to (1) a breach of this Agreement, (2) the use of this site and the use of any Image either alone or in combination with any other material, (3), your failure to abide by any restriction regarding the use of an Image, or (4) any claim by a third party related to the use of an Image, alone or in combination with any other material.
Disclaimers
SPACE COAST BALLET PROVIDES YOU WITH ITS SITE AND IMAGES ON AN "AS IS" BASIS. SPACE COAST BALLET MAKES NO WARRANTY, EXPRESS OR IMPLIED REGARDING ANY IMAGES, ITS SITE, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-FRINGEMENT, OR THAT THE SITE OR ANY SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT FOR ANY LIABILITY WHICH CANNOT BY LAW BE EXCLUDED OR LIMITED, NEITHER SPACE COAST BALLET NOR ANY SPACE COAST BALLET REPRESENTITIVE SHALL BE LIABLE TO YOU OR ANY OTHER THIRD PARTY CLAIMING THROUGH IT FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR RELATING TO THE USE OF THE IMAGES, WHETHER FRAMED AS A BREACH OF FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT, UPON ANY LEGAL THEORY, IN TORT, CONTRACT, FAILURE OF ESSENTIAL PURPOSE, OR OTHERWISE.
Governing Law and Venue
This Agreement shall be interpreted, construed and governed by the laws of the state of Florida. Users of this website agree that any and all disputes arising from the use of this website, or the ordering of materials from this website, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Space Coast Ballet shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-Florida court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Space Coast Ballet, such action is necessary or desirable.
Miscellaneous
You acknowledge that you have read this Agreement and understand it, and agree to be bound by all its terms and conditions. This document constitutes the agreement between the parties with respect to the subject matter hereof and merges all prior and contemporaneous communications. This Agreement shall not be modified except by a written agreement signed by duly authorized representatives of Space Coast Ballet. If any provision of this Agreement is found invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable according to its terms. The parties intend that the provisions of this Agreement be enforced to the fullest extent permitted by applicable law. Accordingly, the parties agree that if any provisions are deemed not enforceable, they shall be deemed modified to the extent necessary to make them enforceable and in such manner as comes closest to the intentions of the parties to this Agreement as is possible. This Agreement will inure to the benefit of and be binding upon the parties, their successors and assigns, and shall not be assigned or transferred.
