Geeky Ballerina

GEEKY BALLERINA TERMS & CONDITIONS OF USE AGREEMENT

Date Last Modified: February 2, 2024

Welcome to Geeky Ballerina’s (“Geeky Ballerina”) website!

Geeky Ballerina’s website (hereinafter referred to as the “Website”) is designed to provide you with high-quality ballet curricula, information about ballet teaching, and bring together a community of people that are interested in teaching excellent ballet.

The Website is owned by Geeky Ballerina. These Terms & Conditions of Use (this “Agreement”) apply to all of the products, services and websites offered by Geeky Ballerina, the mobile or tablet versions thereof, any Geeky Ballerina software, and any applications created by Geeky Ballerina whether available through a social networking site or its subsidiaries or affiliated companies (collectively, the“Service”). Please note that the availability of any Geeky Ballerina applications on a social networking site, mobile or tablet device, internet television or other technology platform does not indicate any relationship or affiliation between Geeky Ballerina and such social networking site, mobile or tablet device, or internet television or other technology platform.

PLEASE READ THIS TERMS OF USE AGREEMENT VERY CAREFULLY BEFORE USING THE WEBSITE.

1. Acceptance of Terms

This Agreement sets forth legally binding terms for your use of the Website. By using the Website, you agree to be bound by this Agreement. If you do not accept the terms of this Agreement, you should leave the Website and discontinue use of the Service immediately. We may modify this Agreement from time to time, and such modification shall be effective upon its posting on the Website. You agree to be bound by any modification to this Agreement when you use the Website after any such modification is posted; it is therefore important that you review this Agreement regularly.

1. Content

Content (as defined in Section 6 of this Agreement) on the Website is provided to you “AS IS” for your information and personal use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Geeky Ballerina. Geeky Ballerina reserves all rights not expressly granted in and to the Website and the Content.

   2. Health Disclaimer

Geeky Ballerina is not a medical organization and its agents or staff cannot give you medical advice or diagnosis. All suggestions and comments relating to the use of this information are not required to be performed by you and are carried out at your election. Nothing contained in this Website should be construed as any form of such medical advice or diagnosis.

By using the Website you represent that you understand that physical exercise involves strenuous physical movement, and that such activity carries the risk of injury whether physical or mental. You understand that it is your responsibility to judge your physical and mental capabilities for such activities. It is your responsibility to ensure that by participating in classes and activities from Geeky Ballerina, you will not exceed your limits while performing such activity, and you will select the appropriate level of classes for your skills and abilities, as well as for any mental or physical conditions and/or limitations you have. You expressly waive and release any claim that you may have at any time for injury of any kind against Geeky Ballerina, or any person or entity involved with Geeky Ballerina, including without limitation its directors, principals, instructors, independent contractors, employees, agents, contractors, affiliates and representatives.

   3. Minors

Geeky Ballerina’s content is not directed to persons under eighteen (18) years of age.

   4. Security Components

You understand that the Website and software embodied within the Website may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by Geeky Ballerina and/or content providers who provide content to Geeky Ballerina. You may not attempt to override, disable, circumvent or otherwise interfere with any such security components and usage rules embedded into the Website.

   5. Proprietary Rights

All materials on the Website, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Geeky Ballerina or by third parties that have licensed or otherwise provided their material to Geeky Ballerina. You acknowledge and agree that all Materials on the Website are made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere on this Website, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Geeky Ballerina’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize the Website or any part of the Material for any purpose other than its intended purposes is strictly prohibited.

   6. Non-commercial Use

The Service may not be used in connection with any commercial purposes, except as specifically approved by Geeky Ballerina. Unauthorized framing of or linking to any of the Website is prohibited. ​

   7. Other Sites

Our Website may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). We are not responsible for examining or evaluating, and we do not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of their website. Geeky Ballerina does not assume any responsibility or liability for the actions, product, and content of any such website. Before you use any third party website, you should review the applicable terms of use and policies for such website. The inclusion of a link in any of the Website does not imply Geeky Ballerina’s endorsement of such third party website. If you decide to access any such linked website, you do so at your own risk.

   8. International Use

Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

   9. Privacy Policy

Geeky Ballerina respects your privacy and permits you to control certain aspects of the treatment of your personal information as set forth in Geeky Ballerina's Privacy Policy. A complete statement of the current privacy policy can be found in Geeky Ballerina’s Privacy Policy. The Privacy Policy is expressly incorporated into this Agreement by this reference.

   10. Term and Termination

This Agreement shall remain in full force and effect for so long as it is posted on any of the Website.

   11. Disclaimer of Warranties

You agree that your use of the Website shall be at your sole risk. The Website and the materials are provided “AS IS” and without warranties of any kind, either express or implied. To the fullest extent permitted by law, Geeky Ballerina, its officers, directors, employees, and agents disclaim all warranties, express or implied, in connection with the Website and your use thereof. Geeky Ballerina makes no warranties or representations about the accuracy or completeness of this Website’s content or the content of any sites linked to this Website and assumes no liability or responsibility or any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of Geeky Ballerina secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Website.

Geeky Ballerina does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Website or any hyperlinked website or featured in any banner or other advertising, and Geeky Ballerina will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

   12. Limitation on Liability

In no event shall Geeky Ballerina, its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Website, (iii) any unauthorized access to or use of Geeky Ballerina secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the Website, (v) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through the Website by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Website, whether based on warranty, contract, tort, or any other legal theory, and whether or not Geeky Ballerina is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

Any reference to a person, entity, product, or service on this Website does not constitute an endorsement or recommendation by Geeky Ballerina or any of its employees. Geeky Ballerina is not responsible for any third party content on the Website or third party web page accessed from this Website, nor does Geeky Ballerina warrant the accuracy of any information contained in a third party website or its fitness for any particular purpose.

No communication of any kind between you and Geeky Ballerina or a representative of Geeky Ballerina shall constitute a waiver of any limitations of liability hereunder or create any additional warranty not expressly stated in the terms of use.

Geeky Ballerina reserves the right to remove any material posted on the Website that it determines in its sole discretion is in violation of any law or right of any person, infringes the rights of any person, or is otherwise inappropriate for posting on the Website.

   13. Exclusions and Limitations

Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you; all other provisions of this Agreement remain in full force and effect.

   14. Indemnity

You agree to defend, indemnify and hold harmless Geeky Ballerina, its subsidiaries, affiliates, subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees and costs) arising from: (i) your use of and access to the Website; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your submissions of Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Website.

   15. Additional Terms

We may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Website, to obtain certain premium Content through the Website, or for other reasons. These additional terms are part of this Agreement, and you agree to comply with them when you participate in those promotions, or otherwise engage in activities governed by such additional terms.

   16. Modification and Discontinuation

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the Service or any of the Website (or any portion thereof) with or without notice. You agree that we will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of the Service or the Website.

   17. Assignment

This Agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Geeky Ballerina without restriction.

   18. Integration Clause

This Agreement together with the Privacy Policy and any other legal notices published by Geeky Ballerina on the Website, shall constitute the entire agreement between you and Geeky Ballerina concerning the Website and governs your use of the Website and Service, superseding any prior agreements between you and Geeky Ballerina with respect to the Website and Service.

   19. Waivers and Severability of Terms

The failure of Geeky Ballerina to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.

   20. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Service or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.

   21. Governing Law and Venue

This Agreement shall be governed by the laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Geeky Ballerina that arises in whole or in part from the Website shall be decided exclusively by a court of competent jurisdiction located in Salt Lake County, Utah.

You agree that: (a) the Website shall be deemed solely based in Utah; and (b) the Geeky Ballerina Website shall be deemed a passive website that does not give rise to personal jurisdiction over Geeky Ballerina, either specific or general, in jurisdictions other than Utah.

   22. Ability to Accept Terms of Service

You affirm that you are at least eighteen (18) years of age, and are fully able and competent to enter into this Agreement, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.

   23. General

Geeky Ballerina reserves the right to amend this Agreement at any time and without notice, and it is your responsibility to review this Agreement for any changes. Your use of the Website following any amendment of this Agreement will signify your assent to and acceptance of its revised terms.

   24. Questions

If you have any questions or comments regarding this Agreement or the Website, feel free to contact us by e-mail.