Terms and Conditions
Thank you for visiting http://www.dancingfair.com (the “Website”). The Website is owned and operated by The Fair, Inc. (“Dancing Fair” “we,” or “us”). You are authorized to use the information and services available at this Website only if you agree to these Terms of Use, which constitute a legally binding agreement between you and Dancing Fair. Your use of the Website constitutes your acceptance of these Terms of Use. We may modify these Terms of Use at any time, without notice to you, and we will post the modified Terms of Use on this Website. Any modification is effective immediately upon posting. Your continued use of the Website following modification of these Terms of Use will be conclusively deemed to signify your acceptance of such modification. If there are any portions of these Terms of Use with which you do not agree, you may not continue to visit or use the Website. You are responsible for regularly reviewing these Terms of Use.
1. PROPRIETARY WEBSITE
No Content may be modified, distributed, copied, framed, reproduced, republished, scraped, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without express prior written permission. You may not reproduce, distribute, modify, adapt, create derivative works of, publicly display, transmit, broadcast, sell, license or in any way exploit the Content, in whole or in part, without our advance written consent. You agree not to display this Website in frames, or any of the Content via links, without our advance written consent. You agree not to use any manual or automated device or process to gather or extract data from this Website or to monitor or fetch pages available at the Website. Direct linking, deep linking, framing, page-jacking, metatagging, and using a robot, spider, or automated device of any kind to monitor or copy this Website or any products displayed on this Website are all strictly prohibited.
2. INTELLECTUAL PROPERTY
Dancing Fair® is a registered trademark of Dancing Fair. Dancing Fair’s
trademarks and trade dress (including without limitation, the logo and other
packaging, graphics, logos, page headers, scripts, and model names of
Dancing Fair products) are the exclusive property of The Fair, Inc. and may
not be used without the express written permission of Dancing Fair. You
agree not to use any of the trademarks that appear on this Website as
metatags on other websites.
3. LINKS
This Website may contain links to websites owned and operated by others. We have no control over these third party websites, are not responsible for their content, and make no representations about any information, goods, or services available at such third party websites. Our inclusion of such links is for your information only and does not constitute sponsorship, affiliation, or endorsement of the linked website. Once you link to another website, you do so at your own risk and are subject to the terms of use, privacy policies, and data gathering practices of that website.
4. PRIVACY
Dancing Fair is committed to respecting the privacy rights of all visitors to the Website. You may find our privacy policy at http://www.dancingfair.com/privacypolicy (the “Privacy Policy”).
5. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use or by any law or regulation. You may not use the Website in any manner that could damage, disable, overburden, or impair any Dancing Fair server, or the network(s) connected to any Dancing Fair server, or interfere with any other party's use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website, other accounts, computer systems, or networks connected to any Dancing Fair server, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.
6. NO WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THIS WEBSITE WILL BE AT YOUR SOLE RISK. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS WEBSITE AND YOUR USE THEREOF, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH
REGARD TO THE WEBSITE, ANY PRODUCTS, INFORMATION, OR SERVICE PROVIDED
THROUGH THE
WEBSITE, OR ANY WEBSITES LISTED ON THE
WEBSITE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY,
COMPLETENESS, CURRENCY, OR RELIABILITY OF THE CONTENT OR ANY MATERIAL
PROVIDED BY OR THROUGH THIS WEBSITE, AND ASSUME NO LIABILITY OR
RESPONSIBILITY FOR (A) ANY ERRORS, OR OMISSIONS IN THE CONTENT OR SUCH
MATERIAL, (B) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE
WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO, OR USE OF, OUR SERVERS AND/OR ANY
PERSONAL OR FINANCIAL INFORMATION STORED THEREON, (D) ANY BUGS, VIRUSES,
WORMS, TROJAN HORSES, SPYWARE, OR OTHER MALWARE OR MALICIOUS COMPUTER CODE
TRANSMITTED THROUGH THIS WEBSITE, OR (E) ANY PRODUCT OR SERVICE ADVERTISED
OR OFFERED BY A THIRD PARTY THROUGH THIS WEBSITE OR ANY SITE LINKED TO THIS
WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING THAT APPEARS ON THIS
WEBSITE. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL DAMAGE TO, OR LOSS OF,
PROPERTY, OR PERSONAL INJURY OR DEATH THAT MAY RESULT FROM YOUR ACCESS TO,
AND/OR USE OF, THIS WEBSITE.
DANCING FAIR DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR
ERROR-FREE OR THAT DEFECTS IN IT WILL BE CORRECTED. THE WEBSITE IS PROVIDED
ON AN "AS IS, AS AVAILABLE" BASIS.
IN NO EVENT WILL DANCING FAIR OR ITS OWNERS, EMPLOYEES, AGENTS AND THE
ASSIGNS OF SAME BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT
DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE)
ARISING OUT OF THE USE OF, OR IN CONNECTION WITH, OR INABILITY TO USE, THE
WEBSITE, THE CONTENT, THE MATERIALS, OR ANY INFORMATION, OR TRANSACTIONS
PROVIDED ON THE WEBSITE OR DOWNLOADED FROM THE WEBSITE, EVEN IF THE WEBSITE
OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, OR (2) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER
INACCURACIES IN THE WEBSITE, THE MATERIALS AND/OR LISTINGS OR INFORMATION
DOWNLOADED THROUGH THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR
WEBSITE'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
7. E-MAIL
Any communication or material you transmit to this Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Dancing Fair for any purpose, including, without limitation, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to this Website for any purpose whatsoever including, without limitation, developing, manufacturing, and marketing products using such information. Commercial enterprises seeking to do business with Dancing Fair should not submit unsolicited confidential or proprietary information to this Website. We have no responsibility or liability for the deletion of or failure to post or store any communications from you. You may not use our domain name as a pseudonymous return e-mail address for any communications that you transmit from another location or through another service. You may not use any false or misleading information concerning your identity or otherwise when using this Website or any of the services or resources available here. You may not transmit to this Website e-mail that includes false or misleading information in the return address or in the subject line. Notwithstanding the foregoing, the use of this Website is governed by, and any information you provide or that is collected by Dancing Fair is also governed by, the Privacy Policy which may be found at http://www.dancingfair.com/privacypolicy (the “Privacy Policy”).
By creating an account on the Website, [or by otherwise using the Website] you agree that we may send notices to you by e-mail at the e-mail address you provide when you create your account, or a different e-mail address that you update in your account settings. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirements that such communications be in writing. You also agree that we may use such e-mail address to send you information regarding our business, promotions, contests, advertisements, etc., including blog posts and newsletters. However, you may opt out of receiving these emails by unsubscribing as provided on the Website.
8. ELIGIBILITY TO USE
You represent that you are of legal age to form a binding contract with us and are not barred from using this Website by the laws of the United States or the country or state in which you reside. Use of this Website is void where prohibited.
Notwithstanding the foregoing, the Website is not designed to be used by anyone under the age of 18. If we learn that we have received information from an individual under the age of 18, we will use that information only to respond to that individual that he or she cannot use the Website and we will delete that information from our servers