Ballerhouse, Inc. Terms & Conditions of Use
Welcome to Ballerhouse, Inc.’s Web site network (collectively the Ballerhouse Network). Ballerhouse, Inc. a Delaware corporation, operates the following Web sites in its Ballerhouse Network: BallerHouse.com, BallerRide.com, and BallerHub.com.If you are under the age of 18, you may not use the products or services provided on the Ballerhouse network, unless you are under the direct supervision of your parents or guardians. All references hereafter to Ballerhouse, Inc. shall include all websites within the Ballerhouse Network and, where appropriate, its employees, officers, directors, investors, agents, consultants, assignees, affiliates, partners, contractors, attorneys, accountants, advertisers, and any and all other individuals and organizations providing services on behalf of Ballerhouse, Inc.
By using any and all Web sites within the Ballerhouse Network, you, the user of the Site (”you”), agree to the terms, conditions, notices and guidelines contained in this Terms and Conditions of Use Agreement (the “Agreement”) and all modifications hereto. Please e-mail any questions regarding this Agreement to answers@ballerhouse.com. You may have this same information sent to you by e-mail by sending a letter to Ballerhouse, Inc. 2951 Bush St. Suite A, San Francisco, CA 94115. IF YOU DO NOT AGREE TO COMPLY WITH THIS AGREEMENT, PLEASE DO NOT USE THIS OR ANY BALLERHOUSE NETWORK WEB SITE.
1. Intellectual Property. The Site and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Ballerhouse, Inc. or the party credited as the provider or owner of the Intellectual Property. The compilation (meaning the collection, arrangement, and assembly) of all content on the Site is the exclusive property of Ballerhouse, Inc. and protected by U.S. and international copyright laws. All software used on the Site is the property of Ballerhouse, Inc. or commercial software suppliers and is protected by U.S. and international copyright laws.
Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Site subject to the following conditions:
- The material may only be used for your personal, non-commercial use;
- The material may not be modified, except as noted in this paragraph;
- All copyright, trademark, and other proprietary notices contained in all such copies must be kept intact; and
- The copyright notice and permission notice: “Copyright © 2007 Ballerhouse, Inc. All rights reserved. Protected by the copyright laws of the United States and international treaties” must appear on each copy.
The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any other material or element from the sites including, but not limited to, the design or layout of the sites, individual elements of the sites’ designs or logos without the ex, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any such material on any other website or networked computer environment is prohibited.
2. User Submissions. Any messages, suggestions, ideas, or concepts that are submitted through the Ballerhouse Network’s websites shall become, and remain, the property of Ballerhouse, Inc. You agree that any submissions, in whole or in part, may be used by Ballerhouse, Inc. or any of its affiliates for any purpose including modification, reproduction, transmission, publication, broadcast, and posting. You additionally agree that Ballerhouse, Inc. is free to use any ideas, concepts, techniques, or know-how contained in any communication you send to its sites for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. By making such submissions, you are assigning and transferring any and all right, title and interest in those submissions to Ballerhouse, Inc., including any moral rights. You represent and warrant by submitting any materials that such submission does not infringe any third-party intellectual property rights. Do not transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, or profane material, or any other material that could constitute or encourage conduct that could be considered a criminal offense or violate any law. Further, you agree not to use any facilities or resources available on or through the Ballerhouse Network to perpetrate prohibited conduct, whether against Ballerhouse Inc. or any other third party. Examples of prohibited conduct include, but are not limited to chain letters, pornography, or other communication that creates a nuisance or is otherwise offensive to the recipient.
3. Trademarks. The trademarks, logos, and service marks, including but not limited to Ballerhouse™ (collectively, the “Trademarks”) displayed on the Site are the Trademarks of Ballerhouse, Inc. and others. Nothing contained in the Ballerhouse network should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Ballerhouse, Inc. or the third party that owns the Trademarks displayed on the Ballerhouse Network. Your use of the Trademarks displayed on the network, or any other content on the network, except as provided in this Agreement, is strictly prohibited.
4. User Responsibilities. If you choose to become a registered user of any of part of the Site, you agree that you will provide true, accurate, current and complete information about yourself as prompted by the registration process. You also agree to update that information as necessary to maintain its accuracy. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Ballerhouse, Inc. has reason to believe such information is untrue, inaccurate, not current or incomplete, Ballerhouse, Inc. has the right to suspend or terminate your account and refuse you any or all current and future use of any of the network, or the services Ballerhouse, Inc. offers.
5. Privacy. By accepting this Agreement, you expressly consent to our use of your personal information as explained in our Privacy Policy.
6. Limits on Liability. Ballerhouse Inc. is not liable for:
- The contents of any communication, message, or other information sent by you or third parties to Ballerhouse, Inc., or posted by you or other third parties on any part of the network;
- The contents of any website not controlled, owned, or operated by Ballerhouse, Inc. that is accessed from or linked to any part of the network;
- Any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure; and
- Any direct, indirect, incidental, special, or consequential damages arising out of or relating to use of or inability to use any of the network, or download any of the software through any of the Ballerhouse Network, even if Ballerhouse, Inc. has been advised of the possibility of such damages. If you are dissatisfied with any portion of any of the Site, or with any of these Terms of Service, your sole and exclusive remedy is to discontinue using any and all sites in the Ballerhouse Network.
The Ballerhouse network may include links to other Internet sites, both related and unrelated to the network, which may be of interest to users. Additionally, other sites may link to the network with or without the permission of Ballerhouse, Inc. Ballerhouse, Inc. is not responsible for the content or availability of these sites. Descriptions of or references to individuals, companies, products, or publications not owned by Ballerhouse, Inc. on the network or any linked website do not imply any endorsement of such individuals, companies, products, or publications by Ballerhouse, Inc. Ballerhouse, Inc. shall not be liable for any damages or costs arising out of or in any way connected with your use or involvement with any of the individuals, companies, services, or publications accessed through the Ballerhouse Network.
7. Indemnification. You agree to indemnify and hold Ballerhouse, Inc., its directors, officers, employees, agents and representatives harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses) arising out of or relating to (a) your use of any parts of the network; (b) your use of any products or services offered by third-parties through the network; (c) your download and/or use of any of the software available for download through any part of the network; or (d) your alleged breach of this Agreement.
8. Disclaimer of Warranties. The information, materials, services, and products (including the products and services offered through the Ballerhouse Network and provided by third parties) included on any part of the network may include inaccuracies, typographical errors, bugs, and other problems. Ballerhouse, Inc. may make changes or improvements to the Ballerhouse Network at any time.
ALL OF THE CONTENT, PRODUCTS AND SERVICES ON THE NETWORK ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BALLERHOUSE, INC. DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
BALLERHOUSE, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ITS CONTENT, INCLUDING THIRD-PARTY AND SERVICES OFFERED THROUGH THE SITE, ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BALLERHOUSE, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE WEBSITE AND ITS CONTENT, INCLUDING THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, AVAILABLE ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, OR OTHERWISE.
USE OF THE BALLERHOUSE NETWORK, INCLUDING BUT NOT LIMITED TO THE USE OF ANY LEGAL FORM, ANY INTERACTIVE AREA, ANY SOFTWARE, ANY SOFTWARE DOWNLOADS, AND ANY THIRD-PARTY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
9. Termination. In addition and without prejudice to any other legal or equitable remedies available to Ballerhouse, Inc., Ballerhouse, Inc. may terminate this Agreement at any time and for any reason whatsoever. You may terminate this Agreement by closing your account with Ballerhouse, Inc., and paying any and all outstanding balances owed by you to Ballerhouse, Inc. under that account.
10. Arbitration/Jurisdiction. This Agreement will be governed by and construed in accordance with the internal laws of the State of Delaware, excluding that body of laws known as choice of law or conflict of laws. Subject to the provisions of this Section, all disputes, controversies or claims arising out of or relating to this Agreement will be resolved through mandatory binding arbitration pursuant to the United States Arbitration Act, 9 U.S.C. Section 1, et seq. (the “Act”).
The Ballerhouse Network is owned and operated by Ballerhouse, Inc. from the State of California, United States of America. Ballerhouse, Inc. makes no representation that content on any part of the Site is appropriate or available for use in other locations. Those who choose to access any part of the Site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Site may contain references to products or services not available in all countries. Ballerhouse, Inc. does not market all of its products or services in all countries. Software from any part of the network may be subject to export controls.
11. Copyright Complaints. Ballerhouse, Inc. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact legal@ballerhouse.com.
12. Miscellaneous. This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Sections 1, 2, 3, 5, 6, 7, 10, 11, 12, 13, 14, and 15 of this Agreement shall survive any termination or cancellation of this Agreement. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. Equal Opportunity Employer. Ballerhouse, Inc. reserves the right to post information about employment opportunities with the company on any part of the Site. Ballerhouse, Inc. is an equal opportunity employer, employing people without paying attention to race, sex, religion, nationality, age or disability.
14. Notification of Changes. Ballerhouse, Inc. will occasionally update this Agreement. Visitors to the Ballerhouse Network should periodically check for changes to this Agreement. Your continued use of the network following the posting of changes to this Agreement.
