Last Updated: 2024.12.05
TABLE OF CONTENTS
SPECIAL NOTE
THIS IS A BINDING CONTRACT. YOUR CONTINUED USE OF THE RESOURCES (AS DEFINED BELOW) IN ANY MANNER SIGNIFIES YOUR ACCEPTANCE AND AGREEMENT TO THESE TERMS OF USE, IN WHATEVER FORM THEY MAY CURRENTLY EXIST. AS SUCH, PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
CONSUMER DISCLOSURE
THESE TERMS OF USE, ALONG WITH THE RULES AND PRIVACY POLICY GOVERN WHAT CLAIMS YOU CAN BRING, WHAT DAMAGES YOU CAN CLAIM, AND HOW DISPUTES BETWEEN YOU AND THE COMPETITION ENTITIES (AS DEFINED IN THE RULES) RELATING TO YOUR PARTICIPATION AS AN ENTRANT, COMPETITOR, VOTER, OR WINNER (COLLECTIVELY, A “PARTICIPANT”) IN THE COMPETITION WILL BE RESOLVED. THE SECTIONS OF THE RULES TITLED “WAIVER AND LIMITATIONS OF LIABILITY” AND “DISPUTE RESOLUTION” EXPLAIN WHAT CLAIMS YOU ARE WAIVING, WHAT DAMAGES YOU CAN CLAIM, AND CONTAIN AN ARBITRATION AGREEMENT AND WAIVER OF CLASS ACTION, WHICH STATES THAT YOU AND THE COMPETITION ENTITIES (EACH A “PARTY” AND, COLLECTIVELY, THE “PARTIES”) MUST ARBITRATE INSTEAD OF GOING TO A COURT BEFORE A JUDGE AND JURY AND THAT ALL SUCH ARBITRATION CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS REPRESENTATIVE OR MEMBER, OR OTHERWISE ON BEHALF OF OTHERS, IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
PLEASE NOTE THAT THE DISCLAIMER OF WARRANTIES, LIMITATIONS OF LIABILITY, AND GOVERNING LAW, WAIVER AND DISPUTE RESOLUTION SECTIONS CONTAIN IMPORTANT LIMITATIONS ON OUR LIABILITY AND OUR AGREEMENT TO ARBITRATE FOLLOWING THE LAWS OF ARIZONA ONLY.
OPERATOR
Colossal Management, LLC ("Operator"), a Delaware limited liability company and for-profit professional/commercial fundraiser, administers www.danceicon.org (the “Website”) and the operation of the associated Dance Icon Competition (the “Competition"). Operator can be reached here.
APPLICABILITY
These Terms of Use explain the general terms of use that govern your access to and/or use of the Website, Competition software, Operator and Competition-specific social media pages, including any content or information downloaded or otherwise obtained through the use of the Website, forms, social media, press releases, communications, including emails and text messages (collectively the “Resources”).
PERSONAL INFORMATION
Your privacy is very important to us, which is why we have created a separate Privacy Policy, to explain in detail how we collect, manage, process, secure, and store your private information. Please read the Privacy Policy in its entirety.
DISCLAIMER OF WARRANTIES
UNLESS OTHERWISE EXPRESSED, OPERATOR EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The Resources are provided to you to be used and accessed at your own discretion and risk. As such, you are solely responsible for any damage to your computer or other devices for any loss of data that may result from the use, access, and/or download of the Resources.
No information or advice, whether expressed, implied, oral, or written, obtained by you from Operator or through any of the Resources we provide shall create any warranty, guarantee, or conditions of any kind, except for those expressly outlined in these Terms of Use.
YOUR USE OF THE RESOURCES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLYING WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE RESOURCES. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, THESE RESOURCES, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, OPERATOR DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, FOR THE RESOURCES, THEIR CONTENTS AND THE REGISTRATION, AND ITEMS LISTED OR PURCHASED THROUGH THE RESOURCES. OPERATOR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE RESOURCES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, ITS RESOURCES OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, OPERATOR SHALL NOT BE LIABLE FOR THE USE OF THE RESOURCES, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS.
LIMITATIONS OF LIABILITY
Under no circumstance will Operator be liable for any direct or indirect damages with respect to the availability or accuracy of the Resources or information contained therein, the availability of the Competition or operation of the Website, the responsiveness of the Resources or your use of the Resources or information provided to you.
IN NO EVENT SHALL OPERATOR BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES, OR INTANGIBLE LOSSES OF ANY KIND ARISING FROM YOUR USE OF THE WEBSITE OR RESOURCES, YOUR INABILITY TO USE THE WEBSITE OR RESOURCES, OR THE REGISTRATION, VOTING, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE OR RESOURCES, EVEN IF OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL OPERATOR BE LIABLE FOR ANY DIRECT DAMAGES BEYOND OUT OF POCKET COSTS OR ARBITRATION COSTS.
OFFENSIVE CONTENT
You understand that, by accessing any images or external links on the Website or the Resources, you may encounter content that may you may deem offensive, indecent, or objectionable, which said content may or may not be identified as having explicit images or language, and that the accessing of a particular image or external link may unintentionally result in the user to being subjected to objectionable material. Nevertheless, you agree to use the Website at your sole risk, that you understand Operator has provided images and external links for convenience purposes only, and that Operator shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable.
COPYRIGHTS/TRADEMARKS
All content and materials available on the Website, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property ("IP") of Operator (or Operator has the legal right and authority to use said IP), and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any of Operator's IP or content on the Website is strictly prohibited, unless specifically authorized by Operator.
The information provided by Operator is the copyrighted property of Operator. Your use of this information is limited to you alone under these Terms of Use and the Rules. It may not be copied, retransmitted, sold or provided to others in any form or format except as provided for in this section of the Terms of Use.
The news media and subscribers may use brief portions of any material provided it is not distorted, Operator is given credit for the material utilized, and Operator is shown as the copyright holder.
Pursuant to the Rules, Entrants expressly assign any intellectual property rights in the Submitted or Additional Photographs to Operator and waive any claims for copyright infringement or violation of the right of publicity.
GOVERNING LAW, WAIVER, AND DISPUTE RESOLUTION
The Competition is controlled by Operator from offices located in the USA, and can be accessed from many countries around the world. As each country has laws that may differ from those that the Competition is operated under, by accessing the Website and/or participating in the Competition in any fashion, you agree that the laws of Arizona, without regard to the conflict of laws and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the Competition, including as an Entrant, Competitor, Voter, or Winner (as defined in the Rules), the use of the Website and the participation in the Competition, including through this Website.
Furthermore, any action to enforce these Terms of Use shall be brought pursuant to the Rules and the specific provisions in the Rules titled “Waiver and Limitations of Liability” and “Dispute Resolution”, which are incorporated in this document by this reference. You hereby agree to be bound and abide by the Competition Rules and all provisions therein.
COMMUNICATION
Collected information will not be shared with any third party and use will comply with the Privacy Policy.
SMS/TEXTING
When you provide us with your mobile phone number, you agree that Operator may contact you at the number provided via text message. Consent to be contacted via text message is not required to participate in the Competition.
By providing your phone number, you can expect Operator to send two-factor authentication messages to verify users. Operator may also send account status change notifications to users who register through the Website. Additionally, users will receive the following opt-in messaging: "You are successfully opted in to receive messages from Colossal for account and Competition notifications. Message and data rates may apply. Reply "HELP" for additional support. Reply "STOP" to unsubscribe."
You can cancel the SMS service at any time. Just respond "STOP" to the short code. After you send the SMS message "STOP", Operator will send you an SMS response to confirm that you have been unsubscribed. At that point, you will no longer receive SMS messages from Operator. If you would like to rejoin, you can sign up again and provide your mobile phone number, and you will again start receiving SMS messages from Operator.
If you are experiencing issues with the messaging system/program, you can reply with the keyword "HELP" for additional assistance, or you can get help by contacting us directly here.
Carriers are not liable for delayed or undelivered messages.
As always, message and data rates may apply for any messages sent to you from Operator and to Operator from you. Message frequency may also vary. If you have any questions about your text or data plan, Operator suggests that you contact your wireless provider.
If you have any questions regarding privacy, please read our Privacy Policy.
EMAIL
By providing your email address, you agree to receive emails from Operator (including newsletter, updates, and promotional offers related to the Competition).
AGREEMENT
These are the complete Terms of Use which, in combination with the Competition Rules, and Privacy Policy, govern your use of the Website and any participation by you as an Entrant, Competitor, Voter, or Winner in the Competition. Nothing published or said elsewhere should be viewed as a modification of these Terms of Use, the Rules, or the Privacy Policy.
CHANGES TO THIS AGREEMENT
Operator may occasionally update these Terms of Use, the Rules, and/or the Privacy Policy. When it does, Operator will also revise the "last updated" date at the top of the Agreement herein, posted on the Website. Such changes will be effective immediately when posted by Operator. You are responsible for checking these Terms of Use, the Rules, and the Privacy Policy regularly, to ensure that you understand what terms currently apply. Your continued use of the Resources or participation in any fashion with the Competition after the date upon which this Agreement is changed and the changes are posted will constitute your continued acceptance of the Agreement. Your only alternative, should you no longer wish to be bound by the Terms of Use, the Rules, and the Privacy Policy of this Agreement, is termination of your use of the service. No full or partial refunds will be offered in such an event.
SEVERABILITY
If any term or provision in these Terms of Use, the Rules, or the Privacy Policy is determined by a competent authority to be unenforceable, all other terms and provisions of these Terms of Use, the Rules, and the Privacy Policy shall continue in full force and effect.
CONTACT INFORMATION
If you have any questions or comments about these Terms of Use as outlined above, you can contact us here.