Terms and Conditions of Website Usage Agreement
Thank you for visiting the Terms and Conditions (the “Terms”) page of FatChanceBellyDance, Inc. (“FCBD”). Your access and use of any of our websites at www.fatchancebellydance.org, www.fcbd.com, www.fcbdoffice.com, and all other FCBD websites (the “FCBD Websites”) is subject to the following terms and applicable laws. By accessing and browsing the FCBD Websites, you accept these terms without limitation or qualification, as well as such additional or amended terms and conditions as FCBD from time to time may publish. Certain services or other offerings made available on the Website may have additional terms and conditions that apply, and which can be viewed either on the pages containing such services or offerings, or via a link on those pages or other directions to the additional terms and conditions.
The FCBD Websites are owned and operated by FCBD and/or its affiliates, and are protected by copyright under United States and international laws and treaties. All rights reserved. Copyright in such content and the software provided are owned by or licensed to FCBD. All rights not expressly granted herein are reserved. Materials from the Website may not be copied, distributed or transmitted in any way without the prior written consent of FCBD. No links to the Website may be created without the express written consent of FCBD. Users of the Website may download one copy of any and all materials on the site for personal, non-commercial use, provided they do not modify or alter the materials in any way, or delete or change any copyright or trademark notice. No rights or licenses in any such material are granted or implied. All material on this Website is provided for lawful purposes only. Images of people or places in this Website are either the property of or used with permission by FCBD. The use or misuse of those images except as expressly authorized is prohibited. FCBD reserves complete title and full intellectual property rights in materials downloaded from the site.
FCBD products and services are protected by a variety of copyrights and trademarks. These copyrights and trademarks not only recognize the originality and distinctiveness of FCBD’s intellectual property rights in its creative works, products and brands, but also afford legal protection to FCBD from infringements of these property rights. Our policy is to diligently enforce all property rights.
Registered trademarks (®)of FCBD include: Fatchancebellydance, Fatchancebellydance (stylized), American Tribal Style, ATS and FCBD. Trademarks of FCBD include Devotion,TribalStar Galactica, Naka Rali and Tribal Counsel. Please add ® to any references to the above you are using in your print or web descriptions and advertising; Mac: option + r, PC: alt + 0174.
FCBD and its affiliates enforce their intellectual property rights to the fullest extent of the law. If you have any questions concerning the legal notices stated above, please contact the Director at email@example.com.
You agree not to: (i) share usernames, passwords or other access credentials that allow access to protected portions of any FCBD Website by any unauthorized third party; (ii) engage in or facilitate spamming; (iii) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings.
You agree not to post, disseminate or transmit any content that: (i) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another’s privacy; (ii) infringes or violates any other party’s right, trademark, trade secret, copyright or other proprietary right, including but not limited to using third party materials protected by author’s right law without appropriate permission, using third party trademarks without appropriate permission or attribution, and using or distributing third party information whether or not protected as a trade secret in violation of a duty of confidentiality; or (iii ) contains personally identifiable information belonging to minors.
Disclaimer and Limitation of Liability
BY USING THE FCBD WEBSITES, YOU EXPRESSLY AGREE THAT USE OF THE FCBD WEBSITES IS AT YOUR SOLE RISK. THE FCBD WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FCBD DOES NOT WARRANT THAT USE OF THE FCBD WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE. FCBD DOES NOT WARRANT THE ACCURACY, INTEGRITY OR COMPLETENESS OF THE CONTENT PROVIDED ON THE FCBD WEBSITES OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THE FCBD WEBSITES. FCBD SPECIFICALLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS. NO VERBAL INFORMATION PROVIDED BY FCBD SHALL CREATE A WARRANTY. UNDER NO CIRCUMSTANCES SHALL FCBD BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE FCBD WEBSITES, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE FCBD WEBSITES THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF FCBD HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE AND SERVICES AVAILABLE THROUGH THE WEBSITE.
Applicability of content
Information on this site includes description of products and services that may be available in the United States of America only. This site is operated in the State of California, United States of America, and FCBD makes no representation that the content provided is applicable or appropriate for use in other locations.
Intended for Users Over 13
Enforcement of terms and conditions
These Terms are governed and interpreted pursuant to the laws of the State of California, United States of America, without reference to its provisions concerning conflicts of law. Any and all dispute(s) concerning the validity or interpretation of these Terms, or performance hereunder, shall be brought exclusively in a court of competent jurisdiction located in the County of San Francisco, State of California, which shall constitute the exclusive venue for any such dispute(s). If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions. FCBD may revise these Terms at any time by updating this posting.
FCBD may terminate this agreement at any time, without notice and for any reason. If you have any questions concerning the legal notices stated above, please contact the Director at firstname.lastname@example.org or at the address below:
FatChanceBellyDance Studio Inc.
Attn: Carolena Nericcio-Bohlman, director FatChanceBellyDance, Inc.
508 Main Street
Half Moon Bay, CA 94019
Effective May 25, 2018
What Type of Personal Information Do We Collect and Use?
Whenever you register for FCBD instruction or other services, send us an email, purchase products from a FCBD Website, register on one of the FCBD Websites, subscribe to one of our newsletters, or otherwise transmit information via any of the FCBD Websites, FCBD may obtain and collect personally identifiable contact information (expressed herein generally as “personal information”) such as your name, email address, payment information and/or mailing address.
How Do We Use Personal Information?
Personal information is used by FCBD to identify customers and provide them with support, services, mailings, sales and marketing actions, billing, and to meet contractual obligations. FCBD will never disclose your name, address, email address or phone number to third parties for any purpose. If you wish to stop receiving a FCBD newsletter that you have previously subscribed for, please follow the “unsubscribe” instructions contained at the bottom of each newsletter.
The legal basis for our processing of your data is consent or that the processing is necessary for the performance of a contract to which you are a party or to take steps at your request prior to entering into a contract.
FCBD may always use personal information in the following ways:
To enable us to respond to you generally, or to process, validate and verify requests and/or purchase orders. To perform any services requested by you. To compile and/or distribute aggregate – never individual – information about our website users and aggregate usage patterns.
FCBD may share aggregate statistical information with business partners, sponsors or other third parties, but none of them receive individual identifying information about you. For example, we may tell an advertiser that a certain number of visitors visited a certain area on a website, or that a certain number of men and a certain number of women filled out registration forms, but we would not disclose anything that uniquely identifies those individuals.
Unsolicited Emails Received by You
FCBD does not send unsolicited bulk emails to anyone who has requested that we do not contact them. We send our newsletters only to those who have taken affirmative steps to subscribe. If you have inadvertently received one of our newsletters, or if you simply wish to stop receiving them, please follow the “unsubscribe” instructions contained in each newsletter or send a request through “safeunsubscribe” which can be accessed at the newsletter registration page of the FCBD Websites.
Chat Rooms and Forums
The FCBD Websites may now or in the future include chat rooms, forums, message boards, and/or news groups. Any information that is disclosed in these areas becomes public information. You should exercise caution before disclosing your personal information via these public venues, which you do at your own risk. If you do so, you may receive unsolicited emails or “spam” from others. FCBD cannot safeguard the privacy of personal information that is disclosed online in this manner.
Children’s Online Privacy Protection
The FCBD Websites comply with the Children’s Online Privacy Protection Act of 1998, which protects the privacy of children using the Internet. FCBD does not knowingly collect contact or personal information from children under 13. The FCBD Websites are not intended to solicit information of any kind from children under 13. It is possible that by fraud or deception we may receive information pertaining to children under 13. If we are notified of this, as soon as we verify the information, we will immediately obtain parental consent or otherwise delete the information. If you want to notify us of our receipt of information by children under 13, please do so by emailing us at email@example.com.
FCBD does not store or record the Internet Protocol (“IP”) addresses of visitors to the Website for marketing purposes. An IP address is a number assigned to your computer whenever you access the Internet. An Internet Service Providers (“ISP”) typically assigns a random IP addresses at the time of your dial-up. For local area network (“LAN”), DSL, or cable modem users, an IP address may be permanently assigned to a particular computer. We cannot determine your identity solely based upon your IP address. Your IP address can, however, reveal what geographic area you are connecting from, or which ISP you are using.
Your principal rights under data protection law are:
- The right to access;
- The right to rectification;
- The right to erasure;
- The right to restrict processing;
- The right to object to processing;
- The right to data portability;
- The right to complain to a supervisory authority; and
- The right to withdraw consent.
Access to Information
You have the right to request access to the information we have on you. You can do this by contacting us at firstname.lastname@example.org. We will make sure to provide you with a copy of the data we process about you. In order to comply with your request, we may ask you to verify your identity. We will fulfil your request by sending your copy electronically, unless the request expressly specifies a different method.
Information Correction & Deletion
If you believe that the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your data accurate. Any data that is no longer needed for the purposes specified above will be deleted. If at any point you wish for us to delete information about you, please contact us at email@example.com.
Personal data that we process for any purpose shall not be kept for longer than is necessary for that purpose.
Changes to Our Policy
We may update this policy from time to time by publishing a new version on our website. Please check this page occasionally to ensure that you are happy with any changes to our policy. We may notify of significant changes to this policy by e-mail.
Attn: Carolena Nericcio, director FatChanceBellyDance, Inc.
508 Main Street
Half Moon Bay, CA 94019