Terms & Conditions of Use of This Website and Services

 

You agree to be bound by these terms of use ( "Terms of Use" ) by doing any of the following: By accessing or using the Sonia Plumb Dance Company website (collectively, the "Website" ), or by accessing or using any of the Sonia Plumb Dance Company services, or any applications made available by Sonia Plumb Dance Company (collectively, the "Services"), like making donations.

 

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES. By accessing and using the Website or Services, or sending donations to Sonia Plumb Dance Company, you signify that you have read, understand, acknowledge, and agree to be bound by the following Terms of Use.  

 

You acknowledge that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which are hereby acknowledged. You may not use the Website or Services and may not accept these Terms of Use if you are not of legal age to form a binding contract with Sonia Plumb Dance Company. If you do not agree to these Terms of Use, you may not use the Website or Services or receive any donations through Sonia Plumb Dance Company. Any use of the Website or Services in violation of these Terms may result in termination or suspension of your permission to access or use the Website and Services.

 

The terms "we,"  "us," or "our" shall refer to Sonia Plumb Dance Company. The terms "you,"  "your," or "User" shall refer to any individual or entity who accepts these Terms of Use by using this Website or the Services. If you are using the Services on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. Nothing in these Terms of Use shall be deemed to confer any third-party rights or benefits.

 

We reserve the right, in our sole discretion, to change these Terms of Use ( "Updated Terms" ) from time to time. We will make reasonable efforts to provide you with notice if the Updated Terms contain any material and substantive changes to your use of the Website or Services. You agree that we may notify you of the Updated Terms by posting them on the Website or Services, and that your use of the Services after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Services. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Services from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.

 

INTELLECTUAL PROPERTY

All trademarks, service marks, and trade names on the Website, including the Sonia Plumb Dance Company marks (collectively the "Marks" ) are trademarks or registered trademarks of, and are proprietary to, Sonia Plumb Dance Company or other owners that have granted Sonia Plumb Dance Company the right and license to use such Marks.  Sonia Plumb Dance Company owns all rights, title, and interest in the Website and Services, all text, content, graphics, images, videos, interfaces, code and materials, the look and feel, selection and arrangement, design, and organization of the Website and Services, and the compilation of the content, code, data, and materials on the Website and Services, including all intellectual property and proprietary rights (collectively, the "Content" ). The Website, Services, and Content are copyrighted and are the property of Sonia Plumb Dance Company. We may change the Website or Services or delete Content or features at any time, in any way, for any or no reason.

 

Except as we specifically agree in writing, no Content from the Website may be used, reproduced, transmitted, distributed, or otherwise exploited in any way other than as part of the Website. Requests for written consent may be made via email to info [at] soniaplumbdancecompany [dot] org.

 

Sonia Plumb Dance Company shall be the sole and exclusive owner of the Services, Website, and Content, all new versions, improvements, enhancements, additions, and modifications to the Services, Website, or Content, all copyright, patent, trade secret, trademark, and other intellectual property rights related to the Services, Website, and Content, and all tangible media on which the Services, Website, and Content are maintained. You shall have no claim or right whatsoever with respect to the Services, Website, or Content except for the limited license to use the Services, Website, and Content granted herein. You may not use, copy, modify, transfer, or make any derivative works of all or any part of the Services, Website, or Content, or any copy, adaptation, transcription, or merged portion thereof, except as expressly permitted hereunder. You may display and download onto a single personal computer and print in portions of the Content from the Website and Services solely for your own personal, non-commercial use. Otherwise, you may not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell, or otherwise exploit the Website, Services, or Content. If you undertake any such prohibited action, your license shall be automatically terminated.

 

CONTACT

When you, if a donor, submit your contact information to sign up for a Sonia Plumb Dance Company Profile, you agree and consent that Sonia Plumb Dance Company may send you communication relating to our products, events, or recommended services.  Please contact us to opt out of receiving such communications.

 

CUSTOMER DATA
You shall be solely responsible for the quality and accuracy of all data that you enter into the Website and Services. Except as otherwise provided in these Terms of Use, as against Sonia Plumb Dance Company, such data shall be your sole property. We respect and honor the confidentiality of your data, including donor information, financial information, member data, etc. Accordingly, Sonia Plumb Dance Company will exercise reasonable care to (i) keep all data pertaining to you and stored in the Services private and (ii) not disclose such data to anyone except employees, agents, and contractors of Sonia Plumb Dance Company who need to know the same in order to facilitate the performance of their duties. Sonia Plumb Dance Company will exercise reasonable care in the protection of your data and will maintain reasonable data integrity safeguards against the deletion or alteration of your data.  Please note that Sonia Plumb Dance Company’s use of your data will be in accordance with our Privacy Policy.

 

IMPROVEMENTS

Sonia Plumb Dance Company may update or otherwise modify the Services or Website at any time for any reason in Sonia Plumb Dance Company’s sole discretion. Sonia Plumb Dance Company may shut down the Services or Website for maintenance and development work when necessary. Sonia Plumb Dance Company shall have no obligation whatsoever to customize, modify or improve the Services or Website.

 

RULES OF CONDUCT

You acknowledge and agree that:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

We take no responsibility and assume no liability for any content posted, stored, or uploaded by you or any third party, or for any loss or damage thereto, nor is Sonia Plumb Dance Company liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter. Sonia Plumb Dance Company is not liable for any statements, representations, or content provided by its Users on the Website or through the Services.  Although we have no obligation to screen, edit, or monitor any of the content posted to or distributed through any interactive area of the Website or through the Services, we reserve the right, and have sole discretion, to remove without notice any content posted or stored on the Website or through the Services.
 

CLAIMS OF COPYRIGHT INFRINGEMENT

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances as determined by us in our sole discretion, of users who are infringers of copyright.

 

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Sonia Plumb Dance Company: info [at] soniaplumbdancecompany [dot] org.

 

To be effective, the notification must be a written communication that includes the following:

 

 

 

 

 

 

 

 

 

 

We may give you notice that we have removed or disabled access to certain material by means of a general notice on the Website, electronic mail to a user’s e-mail address in our records, or by written communication sent by first-class mail to your physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

DISCLAIMERS 
THE CONTENT, THE Website, THE SERVICES, OR ANY THIRD PARTY Website OR SERVICES LINKED TO FROM THE Website OR OTHERWISE ACCESSED BY YOU IS PROVIDEDAS IS AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT ANY CONTENT WILL BE ERROR-FREE, THAT ACCESS THERETO WILL BE UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE Website, THE SERVICES, OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST US WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY Website (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION).

 

INDEMNIFICATION

You are responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives, and other authorized users, and each of the foregoing entities’ respective resellers, distributors, service providers and suppliers, and all of the foregoing entities’ respective officers, directors, owners, employees, agents, representatives, and assigns (collectively, the Indemnified Parties) harmless from and against any and all losses, damages, liabilities, and costs (including settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or claims arising from your use of the Website, Services, Content, and/or your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, PERSONAL INJURY (INCLUDING DEATH), AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THE Website, SERVICES, OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE Website OR SERVICES OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE Website OR SERVICES. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS, OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS, OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS CONTAINED HEREIN AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

 

GENERAL PROVISIONS

These Terms of Use shall be construed in accordance with the laws of the State of New York, without regards to conflict of laws principles. You hereby irrevocably consent to the jurisdiction of the courts in the District of Columbia. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. In these terms of use, the word including is used illustratively, as if followed by the words but not limited to. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE Website, SERVICES, OR CONTENT MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.

 

Supply of goods, services, and software through the Website is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Website, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services, or software through the Website if: 1) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan, or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List or 2) you intend to supply the acquired goods, services, or software to Cuba, Iran, North Korea, Sudan, or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List, or Entity List.

 

We may suspend or terminate your account and your ability to use the Services, the Website, or portion thereof for failure to comply with these terms of use or any special terms related to a particular service, for infringing copyright, or for any other reason whatsoever.

 

These Terms of Use constitute the entire agreement between the parties pertaining to the matters set forth herein and supersedes all prior and contemporaneous agreements, representations, and understandings of the parties, except the Sonia Plumb Dance Company Services Agreement, which shall govern the use of the Services by nonprofit organizations that subscribe to our Services.

Last updated August 2017. 

•You will not use the Website or Services in connection with pyramid schemes, chain letters, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise).

•You will not publish, post, upload, distribute, or disseminate any materials that violate any legal rights (such as rights of privacy and publicity, intellectual property rights, or any other legal rights) of others, or otherwise violate any such rights using the Website or Services.

•You will not publish, post, upload, distribute, or disseminate any profane, defamatory, obscene, indecent, or unlawful topic, name, image, material or information.

•You will not publish, post, upload, distribute, or disseminate any content that, in the sole judgment of Sonia Plumb Dance Company, is objectionable, or which may expose the Website, Services, or their users to any harm.

•You will not publish, post, upload, distribute, or disseminate any topic, name, material, or information that incites discrimination, hate, or violence towards one person or a group because of their race, gender, sexual orientation, religion, or national origin, or that insults the victims of crimes against humanity by contesting the existence of those crimes.

•You will not upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.

•You will not download any file or information that you know, or reasonably should know, cannot be legally distributed in such manner.

•You will not falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

•You will not restrict or inhibit any other authorized user from using and enjoying the Website or Services.

•You will not violate any applicable laws or regulations.

•You will not create a false identity for the purpose of misleading others.

•A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

•Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

•Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

•Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

•A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

•Your physical or electronic signature;

•Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;

•A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

•Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Sonia Plumb Dance Company may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

Privacy Policy

 

This privacy statement describes how Sonia Plumb Dance Company ("SPDC", "we", "us") collects and uses the Personal Information you willingly provide on our Web site: sonisplumbdancecomapny.org. It also describes the choices available to you regarding our use of your Personal Information and how you can access and update this information. Personal Information is information about you, that is not otherwise available to the public, that you willingly provide to SPDC in order to donation or pay for our products.

 

If you have questions or concerns regarding this policy, you should first contact us at info [at] soniaplumbdancecompany [dot] org.  

 

Collection and Use of Personal Information

In order to facilitate the operation of our site and manage your donation, we collect Personal Information from you. This information may include but is not limited to, your name, email address, credit card or debit card number, your zip code, your address and phone number. 

We use this information to

•Fulfill your donation

•Fulfill your order

•Send you a confirmation

•Respond to information requests

•Send you a newsletter

•Send you other communications

•Respond to your questions and concerns

•Improve our Web site and marketing efforts

•Conduct research and analysis

Electronic and Web Browsing Information We Gather As is true of most Web sites, we automatically gather information about your computer such as your IP address, browser type, browser settings, navigation through our site(s), referring/exit pages, and operating system. This information does not include Personal Information. We may use third party tools and analytical services to gather and analyze this information.

 

Choice/Opt-Out You may choose to stop receiving our newsletter or marketing emails by following the unsubscribe instructions included in these emails or you can contact us at info [at] soniaplumbdancecompany [dot] org. 

Information Sharing

We will share your Personal Information with third parties only in the ways that are described in this privacy statement. We do not sell your Personal Information to third parties.

 

We may provide your Personal Information to companies that provide services to help us with our business activities such as credit/debit card processing, shipping your order or offering customer service. These companies are authorized to use your Personal Information only as necessary to provide these services to us.

 

We may also disclose your Personal Information as required by law such as to comply with a subpoena or similar legal process when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
 

If SPDC is involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your Personal Information, as well as any choices you may have regarding your Personal Information, to any other third party with your prior consent to do so.

 

To protect against fraud and misuse of our Website and Services, we actively analyze purchases, attempted purchases and use of the Website and Services to help us identify and block individuals suspected of misuse and/or fraudulent activity. We may use that information, in conjunction with our security partners and/or law enforcement to protect SPDC’s business and systems, your Personal Information and assist those we reasonably believe may have been victimized by such fraudulent use of the Website and Services. We may share data (including, but not limited to, suspect payment information, email addresses, IP addresses, etc.) with our payment processors, and law enforcement, in an effort to reduce fraud. You consent to the provision of this information (including keyword search data) for such investigative purposes.

 

Donations and Third Party E-Commerce Solutions Provider

Our donations system and shopping cart interacts with established PCI-DSS compliant third-party credit processing vendor(s) via SSL links. They host and collect your billing information for the purpose of processing your order and subscriptions. We use an established third-party vendor via SSL links to manage processing of refunds and updates of credit card and debit card numbers and expiration dates. These companies do not use this information for any other purpose. We do not store credit card and debit card numbers on our servers or systems.

 

Cookies and Other Tracking Technologies

We may use cookies, for example, to keep track of your preferences and profile information. Cookies are also used to collect general usage and volume statistical information that does not include Personal Information.

 

Links to Other Web Sites

Our Site may include links to other Web sites whose privacy practices may differ from those of SPDC. If you submit Personal Information to any of those sites, your information is governed by their privacy policies. We encourage you to carefully read the privacy policies of any Web site you visit.

 

Security

When we collect Personal Information directly from you, we follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore we cannot guarantee its absolute security. If you have any questions about security on our Web site, you can contact us at info [at] soniaplumbdancecompany [dot] org

 

In order to make a purchase from us or donation to us, you must use our third party credit processing vendor to finalize and pay for your order. Its privacy statement and security practices will also apply to your personal Information. We encourage you to read that privacy statement before providing your information.

 

Additional Policy Information

To review, correct and update your personal information to ensure it is accurate, contact us at info [at] soniaplumbdancecompany [dot] org.

 

Notification of Privacy Statement Changes

We may update this privacy statement to reflect changes to our privacy practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on this Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

 

Contact Information

You can contact us about this privacy policy by emailing us at info [at] soniaplumbdancecompany [dot] org

 

Last updated August 2017.

Sonia
Plumb
Dance

Mailing Address: 20 Church Street, Mezzanine, Hartford, CT 06103

Sonia Plumb Dance is a non-profit 501(c)(3)

EIN: 06-1304412

Director@soniaplumbdance.org

860-508-9082

Proudly Supported By

Hartford Foundation for

Public Giving

Marion and Maximillan Hoffman Foundation

© 2017 by Sonia Plumb Dance Company. Website made possible by an Ignition Grant from the Greater Hartford Arts Council.