TERMS AND CONDITIONS OF USE

Denver Ballet Guild Website

By accessing or using any of the Denver Ballet Guild ("DBG") Internet properties including, without limitation, www.denverballetguild.org, and any others released by the DBG from time to time (collectively referred to as the "DBG website") you agree to comply with and be bound by these Terms of Use.

Please read these Terms of Use carefully as well as the DBG's Privacy Policy, which are incorporated by this reference. If you do not agree to these Terms of Use, the Privacy Policy, you must immediately terminate your use of the DBG website.

You may print or save a copy of these Terms of Use for your records.

Changes to the Terms and Conditions of Use:
As our organization, membership and benefits change from time to time, we expect this Terms and Conditions of Use to change as well. We reserve the right to amend the Terms and Conditions at any time, for any reason, and will signal a change by revising the "Last updated" date at the bottom of this page.

1. Personal Login Information. Certain features and areas of the DBG website are available only with registration, login and/or a paid subscription. If you are required to register and select a unique login and password ("Personal Login Information"), you must keep your Personal Login Information confidential. Your Personal Login Information is personal to you and you may not allow any third party to use it under any circumstances. The DBG is not liable for any harm caused by or related to the theft, misappropriation, disclosure, or unauthorized use of your Personal Login Information. You must contact DBG immediately if you become aware of or believe there is or may have been any unauthorized use of your Personal Login Information, or otherwise wish to deactivate your Personal Login Information due to security concerns.
2. Privacy Policy. For information about the DBG's data protection practices and the DBG's use and protection of your personal information, please read the DBG's Privacy Policy which is incorporated into and made a part of these Terms of Use.
3. User Obligations. You warrant that you will abide by all applicable local, state, national and international laws and regulations with respect to your use of the DBG website and not interfere with the use and enjoyment of the DBG website by other users or with the DBG's operation and management of the DBG website. You will, at all times, provide true, accurate, current, authorized, and complete information when submitting information or materials on the DBG website, including, without limitation, information required to be provided through an DBG registration form. If any false, inaccurate, untrue, unauthorized or incomplete information is submitted by you, the DBG reserves the right to terminate your access and use of the DBG website. You warrant that you will not impersonate any other person or entity, whether actual or fictitious, when using the DBG website, or defame or otherwise harm any party, including the DBG, through your use of the DBG website.
4. Proprietary Rights. The content of the DBG website includes, without limitation, (i) the DBG's trademarks, service marks, logos, brands, and brand names, trade dress and trade names and other distinctive identification (collectively "DBG Marks"); and (ii) information, data, materials, interfaces, databases, products, services, text, images, photographs, audio and video material, and artwork, and (iii) the design, structure, selection, compilation, assembly, coordination, expression, functionalities, applications, look and feel, and arrangement of any content contained in or available through the DBG website (the items identified in subsections (i) (ii) and (iii) shall be collectively referred to herein as "DBG Content"). DBG Content is the property of the DBG, its licensors, sponsors, partners, advertisers, content providers or other third parties and is protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national and international laws, treaties and regulations. The reproduction, transmission, distribution, sale, publication, broadcast, circulation or dissemination of any DBG Content by you, or by you through any other person or entity, is prohibited unless express written consent is separately obtained from the DBG or the owner of such content if the DBG is not the owner. Any use of the DBG Marks without the DBG's express written consent is strictly prohibited. You may not alter, delete, obscure or conceal any copyright or other notices appearing in the DBG Content, including any such notices appearing on any DBG Content you are permitted to download, transmit, display, print, or reproduce from the DBG website.
5. The DBG retains the right to utilize any photographs, videos and other visual materials obtained at DBG events on this website and other marketing materials.
   
6. Responsibility for Use of the Internet and the DBG website. Use of the Internet and the DBG website is solely at your risk and is subject to all applicable local, state, national and international laws and regulations. The DBG does not guarantee the confidentiality or security of any communication or other material transmitted to or from the DBG website over the Internet or other communication network. The DBG shall not be obligated to correct or update the DBG website, the DBG Content or the User-Generated Content and the DBG shall not be liable for omissions, typographical errors, or out-of-date information which may appear on the DBG website.
7. Third Party Information. The DBG website may feature materials, information, products, and services provided by third parties. Any such information, including but not limited to articles, press clippings, opinions, advice, statements, services, offers, User-Generated Content or other information made available by third parties such as content providers and other users of the DBG website are those of the respective third party and not of the DBG or its affiliates. The DBG makes no representation with respect to, nor does it guarantee or endorse, the quality, non-infringement, accuracy, completeness, timeliness, or reliability of such third-party materials, information, services or products.
8. Advertisers. The DBG website may contain advertisements of third parties. The inclusion of advertisements on the DBG website does not imply endorsement of the advertised products or services by the DBG. The DBG shall not be responsible for any loss or damage of any kind incurred as a result of the presence of such advertisements on the DBG website. Further, the DBG shall not be responsible or liable for the statements or conduct of any third-party advertisers appearing on the DBG website. You shall be solely responsible for any correspondence or transactions you have with any third-party advertisers.
9. Links to Third Party website. The DBG website may provide links to other sites on the Internet for your convenience. These other sites are maintained by third parties over which the DBG exercises no control. The appearance of any such third-party links (provided by the DBG or by a third party) is not intended to endorse any particular company or product. If you decide to access any of the third-party sites linked to the DBG website, you do so entirely at your own risk.
10. Links to DBG website and DBG Content. Links posted by third parties to the DBG website and/or DBG Content may not use the DBG trademark or logo and shall not suggest that the DBG promotes or otherwise endorses any third-party products, business relationships, services, causes, campaigns, website, content, or information. Any links to any portion of the DBG website shall be the responsibility of the linking party. The DBG reserves the right to require any linking party to disable or remove any link that violates the DBG's rights or causes interruption or deterioration of DBG Content.
11. Warranties Disclaimed. THE DBG WEBSITE AND DBG CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." NEITHER THE DBG, ITS AFFILIATES, OFFICERS, OR TRUSTEES NOR ANY OF ITS AGENTS, REPRESENTATIVES, SUPPLIERS, ADVERTISERS, PROMOTIONAL PARTNERS, OR LICENSORS (COLLECTIVELY "DBG PARTIES") PROVIDE ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY THAT (i) THE DBG WEBSITE OR DBG CONTENT, OR ANY RESULTS THAT MAY BE OBTAINED BY YOU, ARE COMPLETE, ACCURATE, RELIABLE OR NON-INFRINGING; (ii) ACCESS TO THE DBG WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE DBG WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iv) DBG CONTENT WILL REMAIN UNCHANGED OR ACCESSIBLE ON THE DBG WEBSITE. ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
12. Limitation of Liability. THE DBG PARTIES SHALL NOT BE LIABLE, AND DISCLAIM ANY LIABILITY, FOR ANY CLAIM, LOSS OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER IN CONNECTION WITH, AS A RESULT OF, OR ARISING (i) OUT OF THE USE OF OR INABILITY TO USE THE DBG WEBSITE AND/OR ANY DBG CONTENT; (ii) FROM ANY INTERRUPTION IN THE AVAILABILITY OF THE DBG WEBSITE AND/OR DBG CONTENT; (iii) FROM ANY LOSS OF DATA AND/OR FROM ANY EQUIPMENT FAILURE; (iv) OUT OF THE PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY PROBLEMS WITH THE GOODS, CONTENT AND/OR SERVICES PURCHASED OR OBTAINED FROM THE DBG WEBSITE, OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE DBG WEBSITE; (v) FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (vi) FROM STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE DBG WEBSITE; (vii) FROM ANY DELAY OR FAILURE OF THE DBG WEBSITE ARISING OUT OF CAUSES BEYOND THE DBG'S CONTROL; (viii) OUT OF THE USE OF, REFERENCE TO, OR RELIANCE ON, THE DBG CONTENT; (ix) OUT OF ANY THIRD PARTY MATERIALS, INFORMATION, PRODUCTS AND SERVICES CONTAINED ON, OR ACCESSED THROUGH, THE DBG WEBSITE (x) OUT OF ANY CONTENT, MATERIALS, ACCURACY OF INFORMATION, AND/OR QUALITY OF THE PRODUCTS, SERVICES OR MATERIALS PROVIDED BY OR ADVERTISED ON THIRD PARTY WEBSITE; OR (xi) OUT OF ANY OTHER MATTER RELATING TO THE DBG WEBSITE OR DBG CONTENT.
    In the event you are dissatisfied with, or dispute, these Terms of Use, the DBG website and/or the DBG Content, your sole right and exclusive remedy is to terminate your use of the DBG website, even if that right or remedy is deemed to fail of its essential purpose. You confirm that the DBG has no other obligation, liability or responsibility to you or any other party.
13. Indemnification. To the fullest extent permitted by law, you shall defend, indemnify, and hold harmless the DBG Parties from and against all claims arising from or in any way related to your use of the DBG website and/or DBG Content, a violation by you of these Terms of Use, or any other actions connected with your use of the DBG website and/or DBG Content, including any liability or expense, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees. The DBG will provide prompt written notice of any such claims, but failure to provide such notice will not release you from any of your obligations pursuant to this Section except to the extent that you are actually prejudiced by such failure, and will not relieve you from any other liability that you may have to the DBG Parties other than under this Section.
14. Term and Termination. These Terms of Use will take effect at the time you begin using the DBG website. The DBG reserves the right, with or without notice, at any time and for any reason to deny you access to the DBG website or to any portion thereof, and to terminate these Terms of Use. These Terms of Use will terminate automatically if you fail to comply with or violate them. You may terminate these Terms of Use at any time by ceasing to use the DBG website, but all applicable provisions of these Terms of Use will survive such termination. Upon termination, you must destroy all copies of any portion of the DBG website, including any DBG Content, in your possession.
15. Arbitration; Venue. Any controversy or claim (“Claim”) you have arising out of or relating to these i) Terms of Use, ii) Additional Terms and Conditions, iii) the DBG website, and iv) any products and services accessed or purchased through the DBG website shall be resolved by a single impartial arbitrator pursuant to proceedings administered by the American Arbitration Association under its rules for resolution of commercial disputes. Any such Claim shall be brought, in any arbitration or other legal proceeding, solely by you as an individual and not as part of, or as a representative of, a class. The arbitration shall be held in Denver, Colorado. All submissions to the arbitrator, the proceedings and the award shall be confidential. The arbitration shall be conducted on an expedited basis with minimal discovery. The arbitrator’s award shall be final and binding. The courts of the State of Colorado shall have exclusive jurisdiction and venue over (a) any action concerning the enforcement of an arbitration award, or (b) if arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use. You agree to unconditionally and irrevocably submit to the exclusive jurisdiction and venue of such courts and you will not object to such jurisdiction and venue on the grounds of lack of personal jurisdiction, inconvenient forum or otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING. The DBG reserves all rights and remedies available to it in law or equity.
16. Waiver and Severability. The failure of the DBG to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.
17. Complete Agreement. These Terms of Use, together with any revisions, any Additional Terms and Conditions incorporated by reference, and any Click-through Agreement, constitutes the entire agreement between you and the DBG relating to the DBG website and its use by you, and supersedes any previous written or oral communication regarding use of the DBG website.
18. Contact Information. If you have any questions or concerns regarding these Terms of Use or the DBG website, please visit our "Contact Us" page.
19. Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the DBG website must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
20. Use of DBG website and DBG Content outside of the United States. The DBG makes no claims regarding access or use of the DBG website or the DBG Content outside of the United States. If you use or access the DBG website or the DBG Content outside of the United States, you do so at your own risk and are responsible for compliance with the laws and regulations of those governing jurisdictions in addition to these Terms of Use.

Last Updated: April 30, 2018