 |
American Ballet Theatre and its affiliates provide their services
to you through this website subject to the following conditions.
By visiting or shopping at www.abt.org and/or any other web pages
affiliated with American Ballet Theatre, you accept the following
conditions. Therefore, please read them carefully.
Please review our Privacy Policy
to understand our practices regarding your privacy in connection
with our online services.
When you visit this website or send emails to us, you are communicating
with us electronically. As part of these Conditions of Use, you:
(1) consent to receive communications from us electronically, including
communications by email or by notices posted on our website; and
(2) agree that all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal requirement
that such communications be in writing.
All content included on this website (such as text, graphics, logos,
button icons, images, audio clips, digital downloads, data compilations,
and software), the compilation of all content on this website and
all software used on this website are the property of Ballet Theatre
Foundation, Inc. d/b/a American Ballet Theatre (hereinafter referred
to as “American Ballet Theatre”) or its content suppliers
and are protected by U.S. and international copyright laws. Please
note that the names and images of artists and other persons appearing
on this website may be additionally protected under U.S. and international
laws concerning rights of publicity and privacy.
Unless you receive American Ballet Theatre's express written consent,
you may not copy, reproduce, publish, distribute, create derivative
works of, sell, transfer, display, transmit, compile or collect
in a database, or in any manner commercially exploit, any copyright-protected
element of this website, including the content and/or software on
this website. You must abide by all copyright notices, information
and/or restrictions contained or referenced in this website.
You may make a single copy of any webpage from this website for
your own personal, non-commercial use, provided that you do not
alter the content or remove any copyright, trademark or other proprietary
notice contained therein. Any other copying, or any republication
or distribution of any content of this website, is expressly prohibited
without the prior written consent of American Ballet Theatre. Permission
requests may be sent to contact@abt.org.
AMERICAN BALLET THEATRE, ABT, AMERICA’S NATIONAL BALLET COMPANY,
AMERICAN BALLET THEATRE – BRINGING BALLET TO AMERICA AND AMERICAN
BALLET TO THE WORLD, AND AMERICAN BALLET THEATRE – BRINGING
DANCE TO AMERICA AND AMERICAN DANCE TO THE WORLD as well as other
marks so indicated on our website and other American Ballet Theatre
graphics, logos, images, page headers and titles, button icons,
scripts, and trade and service names, are trademarks and/or trade
dress of American Ballet Theatre (or its affiliates) in the U.S.
and other countries. You may not use American Ballet Theatre's trademarks
and trade dress unless you first obtain the express written consent
of American Ballet Theatre.
All other trademarks not owned by American Ballet Theatre or its
subsidiaries that appear on this website are the property of their
respective owners, who may or may not be affiliated with, connected
to, or sponsored by American Ballet Theatre or its affiliates. American
Ballet Theatre makes no representations concerning, and assumes
no liability for, the infringing or non-infringing nature of any
trademarks that appear on this website but are not owned by American
Ballet Theatre or its affiliates.
American Ballet Theatre hereby grants you a limited, revocable and
nonexclusive license to access and make personal use of this website.
You may not, however, download this website (other than page caching)
or modify it in whole or in part unless you have first received
express written consent from American Ballet Theatre. Furthermore,
this limited, revocable license does not include the right to: any
resale or commercial use of this website or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative
use of this website or its contents; any downloading or copying
of account information for the benefit of another person or entity;
or any use of data mining, robots, or similar data gathering and
extraction tools. This website (or any portion thereof) may not
be reproduced, duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written consent
from American Ballet Theatre. You may not frame or utilize framing
techniques to enclose any trademark, logo, or other proprietary
information (including, but not limited to, images, text, page layout,
and/or form) of American Ballet Theatre and/or our affiliates without
express written consent from American Ballet Theatre. You may not
use any metatags or any other "hidden text" utilizing
American Ballet Theatre's name or trademarks without express written
consent from American Ballet Theatre.
American Ballet Theatre also hereby grants you a limited, revocable
and nonexclusive license to create a hyperlink to the home page
of American Ballet Theatre, provided that the link (viewed as a
whole with the content of the website on which the link is located)
does not portray American Ballet Theatre, its affiliates, or their
products or services, in a false, misleading, derogatory, offensive
or otherwise objectionable manner. You may not use any American
Ballet Theatre logo or other proprietary graphic or trademark as
part of the link without express written permission from American
Ballet Theatre.
Any unauthorized use automatically terminates the licenses and
permission granted above by American Ballet Theatre. American Ballet
Theatre and its affiliates reserve the right to block access, refuse
services, or remove or edit content in connection with this website.
American Ballet Theatre and its affiliates respect the intellectual
property rights of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
contact American Ballet Theatre's copyright agent in writing to
contact@abt.org and provide
the following information:
- Your full name, address, telephone number, and email address;
- 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;
- 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 signed statement by you specifically stating that, under penalty
of perjury, the information you are providing in your notice is
accurate and that you are the copyright owner or authorized to
act on the copyright owner's behalf.
Please note that this procedure is exclusively for notifying American
Ballet Theatre and its affiliates that your copyrighted material
is being infringed on this website.
All items purchased online from American Ballet Theatre are made
pursuant to a shipment contract. This means that the risk of loss
and title for such items passes to you upon our delivery to the
carrier.
American Ballet Theatre and its affiliates try to be as accurate
as possible. American Ballet Theatre, however, does not warrant
that product or service descriptions, or other content of this website,
are accurate, complete, reliable, current, or free of errors.
On this website, American Ballet Theatre may provide links to the
websites of affiliated companies and certain other businesses or
individuals. American Ballet Theatre is not responsible for examining
or evaluating, and does not make any representations or warranties
concerning, any of those businesses or individuals, their products
and services, or the content of their websites. American Ballet
Theatre does not assume any responsibility or liability for the
actions, products, services or content of those businesses or individuals
or any other third parties. You should carefully review the privacy
statements and other conditions of use belonging to those businesses,
individuals and other third parties.
THIS WEBSITE IS PROVIDED BY AMERICAN BALLET THEATRE ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AMERICAN BALLET THEATRE
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,
MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE
THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, AMERICAN BALLET
THEATRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. AMERICAN BALLET THEATRE DOES NOT WARRANT
THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM AMERICAN BALLET
THEATRE OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
AMERICAN BALLET THEATRE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY
KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED
TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL
DAMAGES.
CERTAIN STATES' LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS
APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS,
OR LIMITATIONS MAY NOT APPLY TO YOU.
Purchases are nonrefundable and may not be returned to American
Ballet Theatre after they have been purchased. Although American
Ballet Theatre offers products and services for children, online
sales through American Ballet Theatre website may only be made by
persons who are 18 years of age or older.
By visiting this website, you agree that the laws of the state of
New York, without regard to principles of conflict of laws, will
govern these Conditions of Use and any dispute of any sort that
might arise between you and American Ballet Theatre or its affiliates.
Any dispute relating in any way to your visit to this website, or
to products or services you purchase through this website, shall
be submitted to confidential arbitration in New York, New York;
except that, to the extent you have in any manner violated or threatened
to violate American Ballet Theatre's intellectual property rights,
American Ballet Theatre may seek injunctive or other appropriate
relief in any state or federal court in the state of New York, and
you consent to exclusive jurisdiction and venue in such courts.
Arbitration under these Conditions of Use shall be conducted under
the rules then prevailing of the American Arbitration Association.
The arbitrator's award shall be binding and may be entered as a
judgment in any court of competent jurisdiction. To the fullest
extent permitted by applicable law, no arbitration under these Conditions
of Use shall be joined to an arbitration involving any other party
subject to these Conditions of Use, whether through class arbitration
proceedings or otherwise.
American Ballet Theatre reserves the right to make changes to our
website, policies, and these Conditions of Use at any time. If any
of these conditions shall be deemed invalid, void, or for any reason
unenforceable, that condition shall be deemed severable and shall
not affect the validity and enforceability of any remaining conditions.
|