Privacy Policy | Dancefestopia

Privacy Policy / Terms of Service

Updated June 11, 2021

General

This website at www.dancefestopia.com (the “Website” or this or our “Website”) is owned and operated by a subsidiary or affiliate of Borda Productions (collectively, “Borda,” “us” or “we”). The following terms of use (“Terms”) govern your use of our Website on any platform and in any format.

Please read these Terms carefully. By using our Website, you acknowledge that you have read and accept these Terms. If you do not agree to be bound by these Terms, do not access or use this Website. Borda has the right, at its sole discretion, to enhance, change or discontinue all or part of this Website any time. We may update or change these Terms from time to time. If we do so, we will publish an announcement on the Website.

User Registration, Password and Security

In general, you may access and use our Website in keeping with these Terms. However, to access and use certain features of this Website’s, you must register and create an account. By creating an account, you agree to (i) provide accurate, current, and complete information, which may include your user ID, password, email address, age, date of birth, phone number, (ii) maintain the security of your user ID and password at all times, and (iii) be fully responsible for use of your account.

You are responsible for maintaining security and control over your user ID and password that you create to use the Website. We are not responsible for any losses arising out of the unauthorized use of your accounts or the Website. If you believe that the security of your user ID and/or password has been compromised, you agree to immediately change your user ID and/or password to eliminate this security risk. You will notify us of any known or suspected unauthorized use of, or disclosure related to, your account.

No Children Under 13

You must be at least 13 years old to use this Website. This Website is not directed at and not intended for use by children under 13. There may be some features of this Website that require an account. Borda requires its users to provide a date of birth to create an account. You are not permitted to register an account if you are under 13 years old.

Users Outside the United States

This Website is not directed at and is not intended for use by users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal information submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction.

Consent to Receive Communications

If you register to receive newsletters, alerts, emails, or any other communications from us, you consent to receive such communications. You may opt out of these communications at any time using the prompts contained at the bottom of the communications.

With your prior express written consent, we may also send advertising text messages using an autodialer to your mobile number. Subscribing to text messages is not a condition of purchasing any property, goods or services.

Functionality and Prohibited Uses of this Website

Functionality

We may limit the amount of storage space, activity, bandwidth, or any other resources available on this Website in its discretion. Periodically, this Website may become unavailable due to required maintenance or other reasons. Borda assumes no responsibility for any errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communications line failures, theft, destruction, or unauthorized access to, or alteration of, any content or information that you submit on, to, or through the Website.

This Website and all of the services offered on this Website are provided “as is” without express or implied warranty of any kind (including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and noninfringement). In no event will Borda, ITS SUBSIDIARIES OR AFFILIATES be liable for damages of any kind, including without limitation any special, indirect, incidental, or consequential damages.

Prohibited Uses

• You will not manipulate this Website by any means, including but not limited to the use of bots, botnets, automated scripts, or other automated or electronic means. You will not plant viruses or disturb our system through any Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which might overburden, impair, or disrupt this Website or any Website user’s use, access, or experience. If you manipulate or disrupt our Website in connection with a contest or sweepstakes you may be disqualified from participation.

• You will not interfere with, tamper with, or damage this Website in any way whatsoever, including but not limited to by trespass, burdening network capacity, repeatedly posting the same or similar content, or uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code.

• You will not circumvent, disable, or otherwise interfere with security-related features of the Website or any features that prevent or restrict use or copying of any content or enforce limitations on use of this Website.

• You will use this Website only for private, non-commercial purposes.

Content of this Website

N Proprietary Content

All content used on and in this Website and the functionality of this Website, including without limitation the text, logos, designs, icons, software, scripts, source code, graphics, photos, images, likenesses, domain names, interactive features, and the like, and the trade secrets, trademarks, trade names, service marks, copyrights, and logos contained therein, but excluding User Content as defined below (collectively, “Borda Content”), are owned by or licensed to Borda and are proprietary and protected by applicable intellectual property law. No express or implied rights are conferred on you to use Borda Content. Except as explicitly permitted by these Terms or the functionality of this Website, Borda Content may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, modified, adapted, sideloaded, used in derivative works, or otherwise exploited for any other purposes whatsoever without our prior written consent. We may change any Borda Content without notice.

We Do Not Control Third-Party Content

This Website may contain content, resources, and services from third parties, including but not limited to User Content (defined and discussed below). We may provide links, data, or information related to third parties and their materials. We have no control over these third parties, and, as such, we do not endorse and are not responsible or liable for any such third-party material, or its accuracy or quality. You assume full responsibility when you choose to access third-party content or follow any links that lead you to third-party websites. You should review the terms of use and privacy policies of these third-party websites.

User Content – What You Can and Cannot Submit

Subject to these Terms, users may submit, upload, and/or post to the Website data and digital media as may be permitted from time to time by the Website, which may include text, pictures, audio, video, electronic files, and other content supplied by you and other users (“User Content”). By submitting, uploading, or posting User Content, you acknowledge that Borda will store User Content on Borda’s or cloud providers’ servers for use on or by the Website.

For each piece of your User Content, you agree that:

• You are responsible for your User Content. You are solely responsible for all of your User Content submitted, posted, uploaded, and/or displayed on the Website and for your interactions with other Website users.

• You must have the rights to all content in your User Content. Your User Content, and each and every part of it, is an original work by you, or you have all full and necessary legal rights and authority, including but not limited to, copyrights, trademarks, rights of attribution, rights to credit, neighboring rights, moral rights, or any other intellectual property or proprietary rights, to use and to authorize Borda to use, or, where relevant, to grant us the licenses to the content pursuant to these Terms, on behalf of yourself and any composers, publishers, authors, or other third parties.

• You will not infringe on the rights of others. Your User Content does not and will not infringe upon or violate the rights of any third party, including, without limitation, copyright, trademark, intellectual property rights, rights of privacy or publicity, real property rights, or rights in confidential information.

• You will not submit prohibited content. Your User Content does not contain falsehoods, misrepresentations, or deceptive material that is unlawful, obscene, patently offensive, defamatory, libelous, threatening, sexually explicit, harassing, hateful, racially or ethnically offensive, and does not encourage conduct that would be considered a criminal offense, trespass, give rise to civil liability, violate any law, and is not otherwise inappropriate or objectionable.

• You will not use the Website for commercial activities, spam, scams, or advertising. Your User Content does not contain any unsolicited or unauthorized advertising, promotional messages, mass email, spam, or any other form of solicitation involving commercial activities and/or sales, such as contests, sweepstakes, advertising, or pyramid schemes.

• You waive moral rights in your User Content. You hereby irrevocably and unconditionally waive any and all moral and like rights that you may have in your User Content and hereby agree not to make any claim based on such moral or like rights with respect to our use of your User Content in keeping with these Terms.

• We are free to use your User Content on the Website. We are free to use your User Content in keeping with the terms of these Terms and our Privacy Policy [link].

• You will not be paid for your User Content. We are not required to pay you or any person or entity for your User Content.

• Your User Content will not harm anyone. Your User Content dos not include information that poses or creates a safety or security risk to any person.

We are under no obligation to post or use any User Content, and we may remove User Content of which we become aware at any time for any reason in our sole discretion.

We reserve the right to decide whether User Content is appropriate and complies with these Terms, and we may prevent User Content from being displayed or remove it if we decide in our sole discretion that the User Content is not appropriate and/or does not comply with these Terms. We assume no responsibility or liability for the deletion, corruption, or loss of User Content or failure to receive or store User Content for any reason, including, without limitation, malfunctioning of any network, hardware, or software. Removal of User Content will not automatically result in the deletion of the relevant files from our or our cloud providers’ systems and servers. Unless required by law, we are not obligated to ensure the deletion of User Content from any servers or systems operated or used by Borda or to require that any user delete any specific material. Our Privacy Policy [link] provides additional information on retention of and access to your personal information.

User Content - Your Grant of Rights to Us

By submitting User Content on the Website, you grant us a worldwide, non-exclusive, royalty-free, sublicenseable, transferable, and perpetual license to use, distribute, publicly display, and publicly perform your User Content in connection with the Website. You also grant each other user a non-exclusive license to access your User Content and to use your User Content as permitted by the functionality of this Website and these Terms. The grant of rights by you to Borda and by you to other users described in this paragraph is, in each case, subject to our Privacy Policy [see below].

DMCA Copyright Notice and Repeat Infringer Policy

If you are a copyright holder who believes that any of the products, services, or content which are directly available via the Website contain infringing copies of your work, please notify us at:

Dancefestopia

P.O. Box 23794

Overland Park, KS 66283

Phone: 913.735.0801

Email: comments@bordaproductions.com

We reserve the right to terminate a user’s access to the Website if we determine, in our sole discretion, that the user is a repeat infringer. For purposes of the Digital Millennium Copyright Act, a repeat infringer is a user who has been notified of infringing activity and has had User Content removed from the Website more than once.

Contests, Sweepstakes and Promotions

You acknowledge that if and when Borda sponsors contests, sweepstakes or promotions (each a "Special Promotion"), or third parties sponsor a Special Promotion in conjunction with Borda, Borda or the third party will post terms and conditions in the official rules and/or registration area for the Special Promotion that apply to the particular Special Promotion. Those terms and conditions, to the extent they conflict with these Terms, will govern that particular Special Promotion.

Termination

If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms, we may, in our sole discretion, without notice to you, terminate, suspend, disable, or prohibit your access to the Website. If your access has been terminated, we may, but we are not obligated to unless required by law, irretrievably delete any and all content we have stored pertaining to your activity on our Website.

You may terminate this agreement at any time by simply discontinuing access to and use of the Website.

Legal Disputes

Choice of Law, Venue, and Jurisdiction

These Terms are governed by the laws of the State of Kansas. You expressly agree that exclusive jurisdiction for any claim or dispute with Borda concerning these Terms or relating in any way to your use of the Website resides in the federal and state courts located in Kansas. You further agree that neither you nor Borda, its subsidiaries or affiliates will participate in a class action lawsuit or class action arbitration or claims brought in a private attorney general or representative capacity, if Borda or any of its subsidiaries or affiliates is a party to such a proceeding.

Indemnification

You agree to indemnify, defend, and hold harmless Borda, its subsidiaries, and affiliates and each of their directors, officers, shareholders, members, employees, representatives, successors, agents, partners, clients, and contractors from and against any loss, liability, claim, demand, damage, cost, and expense (including reasonable legal fees) asserted by any third party due or arising from or in connection with your use of or conduct on the Website, your violation of these Terms, or your violation of any rights of another user of the Website. Borda reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.

No Obligation to Participate in Disputes Between Users

If there is a dispute between users of the Website, or between a user and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Borda, its subsidiaries, and affiliates and each of their officers, employees, shareholders, members, agents, representatives, and successors from any and all claims, demands, and damages of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Website.

Miscellaneous

Failure by Borda to enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Borda without restriction. If any provision of these Terms, or any portion thereof, is held to be invalid and unenforceable, then the remainder of these Terms nevertheless remain in full force and effect.

Updated June 11, 2021

General

Dancefestopia (“Dancefestopia.com” or “us” or “we”) understand your privacy is important and is committed to protecting the privacy and security of your personal data. This Privacy Policy explains how we handle personal data collected when you use our website [Dancefestopia.com] (this “Website” or our “Website”).

By submitting your personal data to us through this website you consent to our collection, use, processing, sharing, storage, security, retention and access as described in this Privacy Policy.

Please refer to our Terms of Use/Service (“Terms”) [see above] for additional information.

No Children Under 13

This Website is not directed at or intended for use by children under 13 years old. We do not knowingly collect personal data from children under 13 through this Website. You may be required to create an account to use certain features of our Website, which will require you to provide your date of birth. Please review our Terms [see above] for additional information.

Users Outside the U.S.

This Website is not directed at or intended for users outside the U.S. Please be advised that if you are located in the European Union or another region with laws related to data collection and use that may differ from U.S. law, your personal data submitted through this Website and transferred to the U.S. may not have the same legal data protection as in your jurisdiction. Please review our Terms [link] for additional information.

Data We Collect and How We Use It

We collect personal data that you provide through voluntary submissions via this Website, for example, by creating an account; signing up for our emails, alerts, newsletters, promotions, and discounts; applying for a job; registering for and participating in contests or playing online games; sharing story ideas and or submitting news tips; submitting a comment, suggestion, or question to us; and requesting information from us. Such data may include your name, email address, phone number, zip code, age/date of birth, gender, device IP address, geolocation data, and other data you voluntarily provide. We use this information to respond to your inquiries and requests; to register you for and communicate with you about our contests/sweepstakes; to deliver email, newsletters, alerts, promotions, discounts and other information you request; to follow up on story ideas or tips you submit to us; to contact you in response to a job inquiry or a comment, suggestion or question you submitted; to enable functionality of this Website; to target and promote sponsor products and services to you; to enable data matching as described below; to analyze Website usage and improve our Website; and to personalize content. Our third-party service providers may collect, store and process this data for us. We also use cookies, beacons and other tracking tools as described below.

Please see our Terms [see above] for additional information.

Cookies, Beacons and Tracking

This Website uses cookies, beacons and other tracking tools. A cookie is a piece of data stored on the user’s computer tied to data about the user. A beacon is small image placed on a website or in an email that is used to monitor the behavior of users visiting our Website. You are not required to accept these tools to use this Website. If you choose not to accept cookies, beacons and/or other tracking tools, some functionality of this Website may not work properly.

This Website contains links to other websites, and these third-party websites may set cookies or other tracking tools on your device. We are not responsible for the cookie or tracking practices of other websites.

We may use cookies and beacons for these purposes:

1. We may use cookies and beacons to track visitors around our Website. We may use this information to analyze browsing, use and navigation patterns on our Website so that we may enhance and improve its functionality and service.

2. We may use cookies and beacons to analyze device and location information to target specific products or services to you.

3. We may use cookies and beacons, and personal data collected through them, for marketing and advertising purposes. These uses include but are not limited to retargeting advertising, or serving you ads, once you have left our Website and analyzing effectiveness of our promotions.

4. Cookies are also used to facilitate data matching as described below.

Data Matching

This Website uses data matching technology. Email addresses voluntarily submitted through our Website are matched with cookie data and interactions on our Website data so we may target or retarget content, advertising and promotions to our users.

California Do-Not-Track Disclosure

This Website does not respond to “Do Not Track Signals.”

Google Analytics

Our Website uses Google Analytics, a service provided by Google, Inc. Google Analytics uses cookies to analyze how users use our Website. We review aggregated data provided to us through Google Analytics to analyze website usage and improve our Website. Google Analytics has its own privacy policy, located here. By using our Website, you consent to the processing of data about you by Google in the manner and for the purposes described here and in the Google Analytics privacy policy.

How We Share Data

We will not share your personal data except in the following limited circumstances:

• We may collect, report, and share personal data with third parties that perform services on our behalf, for example, technical, marketing and content service providers. We may also share your personal data with third-party providers of cloud, web and/or server hosting services. We do not authorize these third parties to use your personal data except as necessary to provide services to us or for purposes authorized by us.

• Our website uses third-party service providers for the following purposes: (1) to conduct financial transactions on our Website, (2) to create and manage our email lists to fulfill newsletters, alerts, clubs and other purposes, (3) to conduct our online job application intake process, (4) to handle your comments and questions submitted on our Website, (5) to deliver advertisements and promotions, including behavioral pop-ups, (6) to analyze navigation and site usage patterns, (7) for data matching and behavioral marketing, (8) for contests and promotions and (9) to store and process data. These third-party service providers may collect financial and other personal data from you as authorized by us. We do not collect or store your financial data. Our service providers may provide data collected by them through this Website to us, such as reports of email addresses and personal data they collect, store and/or process for us, which we may use for marketing purposes. We are not responsible for the privacy practices of these service providers or of other websites. By using our Website, you consent to the processing and handling of your personal data by our service providers in the manner and for the purposes described here and in their respective privacy policies. We do not authorize our third-party service providers to use your personal data except as necessary to provide services to us or for purposes authorized by us.

• Additionally, we may disclose your personal data (1) to comply with a law, regulation, or other governmental request, for example, to comply with subpoenas, court orders, legal process, or requests by law enforcement or governmental entities; (2) to investigate or defend against third-party claims against us; (3) to detect, prevent, or investigate fraud or other illegal activity or to enforce our Terms [see above]; (4) to repair or resolve technical issues in the operation of this Website; (5) to respond to a request by you to disclose the information, including your requests to allow access to your account and personal data by third-parties designated by you; (6) with your knowledge and consent; and (7) to address emergencies or acts of god. We may share your personal data as an asset of the business in the event of a sale, merger, or other business combination or transfer involving us, our parent or subsidiary entities.

Links to Third Party Sites

This Website contains links to other websites. Please be aware that we are not responsible for the privacy practices or content of other websites. This Privacy Policy applies solely to personal data collected by this Website (www.dancefestopia.com). We encourage you to be aware when you leave our Website and to read the privacy policies of other websites and online services.

Security of Personal Data

We take the security of your personal data seriously. We implement commercially reasonable technical, physical, and administrative security measures to protect against the loss, misuse, unauthorized access, alteration, and destruction of personal data collected through this Website. However, we cannot and do not guarantee that your personal data will never be accessed by an unauthorized party or otherwise breached.

Retention of Personal Data

We will retain your personal data for as long as we deem reasonably necessary or desirable, unless a different retention period is required by any applicable law, rule, or regulation. We reserve the right to delete or destroy any data collected, including personal data, at any time.

Access to Your Personal Data and How to Contact Us

If you have questions about this Privacy Policy, or if you wish to correct, update, amend, or delete/remove personal data that you have provided to us, you may contact us by email at: Comments@bordaproductions.com.

To obtain access to your personal data collected by third parties, you should follow the instructions outlined in the third party’s privacy policy.

You may choose to stop receiving our communications, alerts, or marketing emails by following the unsubscribe instructions included in these emails or you may contact us at: comments@bordaproductions.com

Updates to this Privacy Policy

We may update or change our privacy practices and this policy from time to time. If we update the policy, we will publish an announcement on our Website. The date at the top of this policy reflects the date of the most recent update.

Privacy Policy / Terms of Service

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