Bochette Summer Dance Program Website User Agreement

This User Agreement (“Agreement”) is made and entered into by and between Dance Bochette (“Bochette”), a corporation organized under the laws of the State of Florida, and you (“You” or “Your”). This Agreement will be effective when You select the “I Agree” button. If You do not wish be bound by the terms of this Agreement, You must not select the “I Agree” button.

  1. Warranties. You warrant and agree that You have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that You are a human individual and that You are not a bot, script, or other computer or machine. You warrant that You are not prohibited from assenting to this Agreement by any preexisting Agreement. If You are using the website on behalf of a third you warrant and agree that you have obtained the consent of Your parent or guardian to use the website and that Bochette Summer may contact Your parent or guardian to party, including but not limited to a business entity, You warrant that You are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. In the event you are a child under the age of thirteen (13), verify that he or she has consented.
    1. Distributing, emulating, cloning, publishing, displaying, selling, assigning, sublicensing, renting, leasing, loaning, modifying, publicly displaying, publicly performing, creating derivative works of, translating, or adapting the Software;
    2. Decompiling, reverse engineering, disassembling, or hacking the Software;
    3. Circumventing the Software’s technology protection measures;
    4. Infringing upon the intellectual property or other proprietary rights of Bochette Summer;
    5. Exporting the Software in violation of the export controls and regulations of the laws of the United States or any other applicable country’s laws or regulations;
    6. Using the Software to violate any applicable law, statute, regulation, ordinance, or treaty, whether national or international;
    7. Using the Software to violate the rights of third parties, including, but not limited to, personal or proprietary rights;
    8. Removing or altering any proprietary notices contained within the Software, including, but not limited to, copyright and trademark notices;
    9. Imposing a disproportionate load on the Software or its server infrastructure or otherwise attempting to interfere with the operation of the Software;
    10. Submitting or utilizing any virus, worms, Trojan horses, or other code that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of the Software;
    11. Providing any material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
    12. Attempting to gain access to the private data, network, personal information, or personally identifiable information of a user of the Software or of a third party;
    13. Posting or transmitting content intended to collect personal or personally identifiable information from users of the Software or third parties;
    14. Harassing another user;
    15. Harassing a third party;
    16. Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
    17. Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid, or a chain letter; and
    18. Posting or transmitting content that is false, inaccurate, misleading, tortious, defamatory, vulgar, obscene, libelous, invasive, hateful, or otherwise objectionable.You understand and agree that You are prohibited from using in any way inconsistent with or in violation of this Agreement or any local, state, national, or international laws or regulations.
  2. User-Generated Content. Bochette Summer may provide you with the ability to upload, contribute, or transmit user-generated content to or through the Software, including, but not limited to, text, comments, posts, profile information, photographs, images, videos, and audio files (collectively “User-Generated Content”). You warrant that Your User-Generated Content will not (i) violate any law, statute, regulation, or ordinance, whether local, state, provincial, national, or international, (ii) violate any term or condition of this Agreement, or (iii) violate the rights of third parties, including intellectual property rights and any other personal or proprietary rights. By submitting User Generated Content to Bochette, you grant Bochette a non- exclusive, irrevocable, royalty free, worldwide, and perpetual license to use Your User-Generated Content. The customary and intended purposes may include, but are not limited to, displaying the content to you or to third parties, providing the services to you or to third parties, and archiving or making backup copies. By submitting User-Generated Content, you waive all moral rights or rights of publicity or privacy with respect to the User-Generated Content submitted. When posting User-Generated Content, you warrant that Your User Generated Content will be accurate, truthful, non-deceptive, and complete.
  3. Trademarks. You acknowledge and agree that any and all trademarks, trade names, design marks, or logos displayed on or through the Software by Bochette, including, but not limited to, Bochette & Dance Bochette, are common law or registered trademarks owned by or licensed to Ms. Bochette. You are expressly prohibited from using the trademarks of Bochette to cause confusion in, to cause mistake in, or to deceive consumers, or from falsely designating the origin of, the source of, or the sponsorship of Your goods or services. You are further prohibited from using the trademarks of Bochette in domain names, in keyword advertisements, to trigger keyword advertisements, or in meta tags. All other trademarks, trade names, design marks, or logos are the property of their respective owners.
  4. Bochette as Service Provider. You understand and agree that Bochette provides the website as a service and will not be held liable for and takes no responsibility for any interactions by and between users of the website. You understand and agree that Bochette is an interactive website as those terms are defined under Section 230 of the Communications Decency Act and that Interlochen cannot be held liable for any commercial or personal torts in its role as a publisher of information provided by third parties. Though Bochette may edit, remove, or control the content submitted to and displayed through the website by third parties, it will not be held liable for that content. The website may contain links to third-party websites. The inclusion of such links does not imply approval or endorsement of the linked site by Bochette. If You decide to leave the site and access any third-party web site, You do so at Your own risk.
  5. Payment. When You register and use a User Account to access the website, Bochette may provide You with the ability to make payments to Bochette for goods or services, including, but not limited to, for tuition. All fees paid to Bochette will be payable in the amounts and upon the payment schedule listed in the website and your correspondence. All payments made to Bochette are non-refundable. You represent and warrant that You will timely pay all fees and charges, including, but not limited to, in those instances in which You agree that Bochette may charge Your payment method on a reoccurring basis. Bochette reserves the right to terminate Your User Account and access to the website for Your failure to timely pay. All fees will be quoted and payable in United States Dollars. You agree that You will not initiate any chargebacks against Bochette unless approved by Bochette in writing. You understand and agree that You will be held responsible for any costs or fees associated with any unauthorized chargebacks. Any disputes as to payment must be brought to Bochette’s attention in writing within thirty (30) days or will otherwise be barred.
  6. Taxes. You agree that You will pay all taxes assessed by governmental bodies, whether local, state, provincial, national, or international, associated with Your use of the website. Bochette will report as income all payments received from You to Dance Bochette to all proper taxing authorities.
  7. Privacy Policy.
    1. Introduction.
      1. Bochette has adopted the following privacy practices (“Privacy Policy”) to inform you of its collection and use of Your personal or personally identifiable information. Bochette values Your privacy and has adopted this Privacy Policy in an effort to remain transparent with respect to its collection and use of this information
      2. Bochette reserves the right to suspend, replace, modify, amend, or terminate this Privacy Policy at any time and within its sole and absolute discretion. Your continued use of the website after a change in this Privacy Policy will constitute Your manifestation of assent to and agreement with any replacement, modification, or amendment herein.
    2. Information Collected.
      1. Bochette may collect the following personal information from You: 1. Email address; 2. Username; 3. Password; 4. First name; 5. Last name; 6. Phone number; 7. Address; 8. City; 9. State or province; 10. Country; 11. Zip code; 12. Payment information; and 13. Any other information that you voluntarily submit through the website.
      2. Bochette may also collect the following personally identifiable information from you: 1. Information collected through first and third party cookies, including, but not limited to, session cookies and persistent cookies; 2. IP address; 3. Geolocation data; 4. Pixel tags; 5. Web beacons; and 6. Your use of the Software.
    3. Bochette’s Use of Personal or Personally Identifiable Information.
      1. Bochette may use this information to provide you with support, to register Your User Account, to provide you with the website, to communicate with you about Your User Account or purchases, to transmit information to a third party to aid you in completing a transaction, such as making a payment to Bochette, to tailor the website to Your preferences, or to update you on Bochette’s offerings.
    4. Information Security.
      1. Bochette works to protect the security of Your personal and personally identifiable information and has implemented industry standard encryption to protect against unauthorized access to or interception of Your personal and personally identifiable information. You are responsible for the security of the username and password associated with Your User Account and you have an ongoing duty to guard against unauthorized access. In the event You discovery unauthorized access to Your User Account, You must immediately inform Bochette of the details of the unauthorized access.
      2. Bochette collects and processes Your personal and personally identifiable information on servers located within the United States and, through Your use of the website, you hereby expressly agree to the processing of Your personal and personally identifiable information within the United States.
    5. Sharing of Personal and Personally Identifiable Information
      1. Bochette does not sell or rent Your personal personal or personally identifiable information to third parties. Bochette may, however, share Your personal or personally identifiable information with third parties that use the website in order to provide the services offered through the website. Bochette may also share Your personal information with third party service providers retained by Bochette, such credit card processors and marketing agencies, to provide you with additional information on the products or services of Bochette or to aid you in the performance of Bochette’s services. Bochette may also transfer Your personal or personally identifiable information to third parties upon Your consent.
      2. Bochette may transfer Your personal or personally identifiable information to share information with its parents or subsidiaries or to a third party in a sale of Bochette. Bochette may also transfer Your personal or personally identifiable information to respond to a duly authorized subpoena or court order, to respond to regulatory requests by government authorities, to protect the safety or security of Bochette, the website, its employees, and its users, and, where necessary, to protect against fraud, false advertising, or the violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international.
    6. Ceasing the Collection and Use of Personal or Personally Identifiable Information
      1. You may cease Bochette’s collection and use of Your personal or personally identifiable information by discontinuing Your use of the website and by adjusting Your web browser settings to clear any cookies remaining on Your computer from Your prior use of the website.
    1. California Privacy Rights.
      1. California residents may obtain once a year, and without charge, a list of Your personal information that Bochette has disclosed to third parties for marketing purposes within the previous calendar year. This includes a list of all personal information disclosed to third parties, as well as the names and addresses of the third parties that received Your personal information. If you are a California resident and would like to make a request for disclosure under this section, please contact privacy@bochettedance.com in writing.
    2. Child Privacy.
      1. In the event You are under the age of thirteen (13), Bochette will first seek and obtain parental consent from Your parent or guardian before You may use the website. To obtain this verifiable parental consent, Bochette may require You to provide the email address of Your parent or guardian when You create a User Account. Bochette will then send a request for parental consent to Your parent or guardian’s email address. In the event Bochette does not obtain verifiable parental consent, You will be expressly prohibited from using the website.
      2. Parents and guardians may, at any time, prevent Bochette from collecting further personal or personally identifiable information from their child. Parents and guardians may also request that Interlochen delete from its records the personal or personally identifiable information that it has collected from their child. To cease the further collection and use of personal or personally identifiable information, parents and guardians are directed to delete their child’s User Account. To delete any personal or personally identifiable information that Bochette has collected, parents and guardians may contact Bochette at privacy@bochettesummer.com to request the deletion of this information.
    3. Notice.
      1. All requests for information concerning Bochette’s Privacy Policy may be directed to: Dance Bochette 2265 Widman Way, Fort Myers, FL 33901USA
  8. Term and Termination. The term of this Agreement will begin upon Your first accessing of the website and will continue until the earlier of the following: (i) Bochette terminates Your access to the website; or (ii) You cease using the website and terminate Your User Account. Bochette reserves the right to terminate the website or Your access to the website in its sole and absolute discretion and without prior notice.
  9. Indemnification. You agree to indemnify, defend, and hold harmless Bochette, its officers, shareholders, directors, employees, subsidiaries, affiliates, and representatives, from any and all losses, including, but not limited to, costs and attorneys’ fees, arising out of or related to (i) Your use of the website, (ii) Your violation of any term or condition of this Agreement; (iii) Your violation of the rights of third parties, including, but not limited to, intellectual property rights or other personal or proprietary rights; and (iv) violation of any law, statute, ordinance, regulation, or treaty, whether local, state, provincial, national or international. Your obligation to defend Bochette will not provide You with the ability to control Bochette’s defense, and Bochette reserves the right to control its defense, including its choice of counsel and whether to litigate or settle a claim subject to indemnification.
  10. Interpretation. This Agreement will be deemed to have been drafted by both parties, and the terms and conditions of this Agreement will not be interpreted against its drafter.
  11. Assignment. You are expressly prohibited from assigning Your rights and duties under this Agreement. Bochette reserves the right to assign its rights and duties under this Agreement, including in a sale of Bochette or the website.
  12. Waiver and Integration. No term or condition of this Agreement or breach of this Agreement will be deemed to have been waived or consented to unless said waiver is writing and signed by the party to be charged. This Agreement is the entire agreement between the parties and supersedes all previous agreements or representations between the parties.