WELCOME AND CONSENT TO TERMS
National Dance Institute (referred to collectively in this policy as “NDI”, “we” or “us”), is a 501(c)(3) nonprofit educational organization. Through one or more website(s) operated at nationaldance.org (the “Sites”) and other activities, NDI seeks to inform the general public about its philosophy and dance programs designed to engage all children—regardless of background, ability, or socioeconomic status—and motivate them toward excellence. These Terms of Use apply to our Sites, regardless of media platform (e.g., computer, smartphone, tablet, etc.).

By accessing and/or using our Sites, including viewing any materials, posting comments, or otherwise availing yourself of any content or service made available on our Sites, you acknowledge that you have read and agree to abide by and be bound by these Terms of Use, and that they create a legally binding agreement between you and us. If you do not agree to these Terms of Use, please refrain from accessing and using the Sites.  If you have questions about our Sites, please contact us by email at info@nationaldance.org or by mail at our main office at: National Dance Institute Center for Learning & the Arts, 217 West 147th Street, New York NY 10039.

AGE RESTRICTION
Registering, subscribing, donating, and posting content on the Sites is restricted to adults 18 years of age and older and minors 13 years of age or older who possess parental or guardian consent. By registering, subscribing, donating, posting content, or otherwise participating in services or functions on the Sites (other than simply viewing content), you hereby represent that you are in one of those two categories, and therefore have the authority to enter into the terms and conditions herein.

PRIVACY POLICY
Our Privacy Policy is part of our Terms of Use. Please review our Privacy Policy to understand how we collect and use your personal information in connection with our Sites. By consenting to our Terms of Use, you also consent to the privacy practices and policies set forth in our Privacy Policy.

COPYRIGHT/NDI CONTENT SHARING
Unless otherwise stated where the content is presented, all articles, photographs, images, illustrations, audio clips and video clips presented on our Sites (“NDI Content”) is the property of NDI or its licensors. NDI Content is available for limited, non-commercial re-use subject to the specific usage terms outlined below:

You can republish or embed NDI Content on your website or blog (but not on third party websites or blogs, such as YouTube or LinkedIn), as long as:

  • You Provide Attribution: NDI must be clearly referenced as the original source of the materials, NDI’s logos and visuals remain untouched and unedited, and you provide a proximate link back to nationaldance.org
  • The Use is Consistent with NDI Standards: NDI Content is not used (in whole or in part) in any way that is disparaging of NDI or does not otherwise reflect NDI’s high standards of excellence.
  • The Use is Strictly Non-Commercial: NDI Content is not used (in whole or in part) for commercial or revenue-generating purposes, including but not limited to advertising; and
  • The Use is Non-Derivative: You may not alter the NDI Content in any way (or “edit,” “remix,” “cut,” etc.), or build upon or incorporate the NDI Content into other media or work.

Any use, including distribution, of this copyrighted material is strictly limited to the terms described above. Any other uses, and any modifications to these terms, can only be made with the explicit written permission of NDI (or our licensors, if they are the copyright holders). NDI reserves the right to limit or prohibit any uses that are inconsistent with its educational mission, and may request withdrawal of content if it does not meet NDI standards. Nothing herein is intended to limit fair use rights under U.S. copyright law. If you are not sure if your use is “non-commercial” or is otherwise permitted under this policy, please contact us at info@nationaldance.org.

TRADEMARKS
NDI, ANDI, and their respective logos are registered trademarks of NDI.  All rights reserved. You may not use our logo or trademark without our express permission, except when providing attribution as required above.

SUBMITTING CONTENT TO OUR SITES
NDI allows or may allow users of our Sites the ability to submit comments and other content (“User Content”) directly or through our Facebook page and other NDI social media. If you decide to submit or otherwise make available any User Content, you represent and warrant that this User Content is not and does not contain Prohibited Content as defined below in these Terms of Use. You also represent and warrant that you have all necessary rights, licenses and/or clearances to grant NDI all rights as specified in the following paragraph.

Immediately upon your posting of any User Content whether directly on our Sites, on the NDI Facebook page, or via other NDI social media, you grant NDI a fully transferable, irrevocable, perpetual, worldwide, royalty-free and non-exclusive license to use, sublicense, distribute, transmit, reproduce, modify, adapt, publicly perform and publicly display such User Content on the Sites and in connection with other NDI projects and forums, and to associate such User Content with you if you originally posted it with your name or other identifying information.

LINKS TO THIRD PARTY SITES
Our Sites may include hyperlinks to sites maintained or controlled by affiliated or unaffiliated third parties. Our Terms of Use do not apply to those sites. We have not reviewed any third-party websites for accuracy, completeness or non-infringement and do not approve or endorse the contents of, or any of the products or services on, such websites. We make no representations or warranties about such third-party sites and content and take no responsibility and are not liable for them or the content provided therein.

PROHIBITED ACTIVITIES/PROHIBITED CONTENT
We make our Sites and content available free of charge to the public and encourage you to visit our Sites and use our NDI Content often. We also encourage you to use our Comment feature, but please refrain from being insulting or personally attacking others. To support an active and vibrant community resource, we require that you agree to use the Sites as follows:

1) You may not reproduce, duplicate, copy, or repackage content from our Sites for sale or otherwise, except as set forth under Copyright/NDI Content Sharing above.
2) You may not use automated “high-volume” means to access our Sites (including without limitation, robots, spiders, scripts or web-scraping tools).
3) You may not use the Comment features or other public forums for communications unrelated to our Sites.
4) You may not post any of the following Prohibited Content:

  • Content that you know to be inaccurate, false or misleading;
  • Content that is illegal (e.g., harasses, threatens, or defames others; contains obscene language or pornographic images; or is discriminatory);
  • Content that infringes the intellectual property, privacy or publicity rights of a third party; or
  • Content that NDI in its sole discretion determines to be offensive, inappropriate or inconsistent with NDI’s values and/or mission.

NDI does not routinely screen or monitor content posted by users to the Sites, and has no obligation to do so, but we expressly reserve the right to remove Prohibited Content of which we become aware, or any content of any type whether created by us or by others, at a time and in a manner of our choosing without prior notice. If at any time you discover that any User Content you have posted or otherwise submitted to our Sites contains or may contain Prohibited Content you should immediately inform us at info@nationaldance.org.

GENERAL INDEMNIFICATION
You agree to indemnify, hold harmless, and at our option, defend NDI, its subsidiaries and affiliates, and each of our and their respective directors, officers, agents, contractors, employees, and assignees, from and against any and all claims, liabilities, expenses and damages, including, without limitation, reasonable attorneys’ fees and costs, incurred in connection with or as a result of any third party claim or demand relating to or arising out of (a) your use or attempted use of the Sites or the content or discussions and public forums included therein; (b) your violation or alleged violation of any law or infringement of any rights of any third party; or (c) User Content that you post or otherwise make available on the Sites, including without limitation any claim of infringement or misappropriation of intellectual property or other proprietary or personal rights.

GENERAL DISCLAIMER OF WARRANTIES
PLEASE NOTE THAT YOU USE OUR SITES AT YOUR OWN RISK. THE SITES AND ANY INFORMATION, PRODUCTS OR SERVICES THEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OR NON-INFRINGEMENT. NDI DOES NOT REPRESENT AND WARRANT, AND NDI AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ASSIGNEES, CONTRACTORS AND REPRESENTATIVES (“NDI PARTIES”) HEREBY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL SUCH REPRESENTATIONS AND WARRANTIES. FOR EXAMPLE, WE DO NOT MAKE ANY PROMISES ABOUT THE ACCURACY, ADEQUACY OR COMPLETENESS OF INFORMATION IN NDI CONTENT, IN CONTENT POSTED BY USERS (USER CONTENT), OR ON THIRD PARTY SITES WE LINK TO. ALSO, WHILE WE TRY TO ENSURE THAT OUR SYSTEM IS SAFE FROM BUGS, VIRUSES, DISRUPTIONS AND DELAYS, WE CANNOT PROMISE THAT IT WILL ALWAYS BE SO. NDI IS UNDER NO OBLIGATION TO POLICE AND ENFORCE THE TERMS AND CONDITIONS OF USE.

LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL NDI PARTIES BE LIABLE FOR ANY LOSSES, DAMAGES, LIABILITIES, COSTS OR CLAIMS (“COSTS”) DIRECTLY OR INDIRECTLY ARISING OUT OF YOUR USE OF THE SITES.  YOU IRREVOCABLY RELEASE NDI PARTIES FROM ANY SUCH COSTS.

TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE AGGREGATE LIABILITY OF THE NDI PARTIES IN CONNECTION WITH YOUR USE OF THE SITES EXCEED THE FEES PAID BY YOU IN THE LAST YEAR (IF ANY) TO NDI FOR YOUR USE OF THE SITES (OTHER THAN ANY INDEMNITY OBLIGATIONS). IN ALL CASES, NDI PARTIES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT WAS NOT REASONABLY FORESEEABLE.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US, AND THAT THESE LIMITATIONS ARE AN ESSENTIAL BASIS TO OUR ABILITY TO MAKE THE SITES AVAILABLE TO YOU FOR FREE.

GOVERNING LAW/LEGAL ACTIONS
These Terms of Use shall be interpreted under and governed by the laws of the State of New York (United States) excluding any laws that might direct the application of the laws of another jurisdiction. All claims, disputes and actions of any kind arising out of or relating to these Terms of Use, including, without limitation, arbitration, shall be settled exclusively in New York, New York and you agree to submit to such jurisdiction.

RIGHT OF MODIFICATION
We reserve the right to modify these Terms of Use in our sole discretion at any time. Any modification to the Terms of Use will be effective immediately upon posting by us. Your continued use of the Sites after the posting of such modifications, with or without notification, constitutes binding acceptance of such modified Terms of Use.

GENERAL
These Terms of Use control the relationship between you and NDI. They do not create any third-party rights. If any part of these Terms of Use is unenforceable, that will not affect the other terms. If you do not comply with any of these Terms of Use, and we do not take action to enforce them right away, that does not mean that we are giving up our rights, including the right to take action in the future. All of our rights and obligations under these Terms of Use are freely assignable by us, consistent with any limitations set forth in our Privacy Policy. We may take any actions necessary in order for us to comply with applicable laws and to enforce our rights hereunder.

CONTACT
If you have questions about these Terms of Use or our Sites generally, please contact us by email at info@nationaldance.org or by mail at our main office at:
National Dance Institute Center for Learning & the Arts
217 West 147th Street
New York, NY 10039

Effective as of March 14, 2018