Terms of Service

Statement of Rights and Responsibilities

This Statement of Rights and Responsibilities ("Statement," "Terms," or "SRR") derives from the National Water Dance Principles (NWD), and is our terms of service that governs our relationship with users and others who interact with NWD. By using or accessing NWD, you agree to this Statement, you will find resources at the end of this document that help you understand how NWD works.

Privacy

Your privacy is very important to us. We designed our Data Use Policy to make important disclosures about how you can use NWD to share with others and how we collect and can use your content and information.  We encourage you to read the Data Use Policy, and to use it to help you make informed decisions.

Sharing Your Content and Information

You own all of the content and information you post on NWD, and you can control how it is shared through your privacy and application settings. In addition:

For content that is covered by intellectual property rights, like photos and videos (IP content), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with NWD (IP License). This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.

When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use an application, the application may ask for your permission to access your content and information as well as content and information that others have shared with you.  We require applications to respect your privacy, and your agreement with that application will control how the application can use, store, and transfer that content and information.  (To learn more about Platform, including how you can control what information other people may share with applications, read our Data Use Policy and Platform Page.)

When you publish content or information using the Public setting, it means that you are allowing everyone, including people off of NWD, to access and use that information, and to associate it with you (i.e., your name and profile picture).

We always appreciate your feedback or other suggestions about NWD, but you understand that we may use them without any obligation to compensate or acknowledge you for them (just as you have no obligation to offer them).

Safety

We do our best to keep NWD safe, but we cannot guarantee it. We need your help to keep NWD safe, which includes the following commitments by you:

You will not post unauthorized commercial communications (such as spam) on NWD.

You will not collect users' content or information, or otherwise access NWD, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission.You will not upload viruses or other malicious code.

You will not solicit login information or access an account belonging to someone else.

You will not bully, intimidate, or harass any user.

You will not post content that: is hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

You will not develop or operate a third-party application containing alcohol-related, dating or other mature content (including advertisements) without appropriate age-based restrictions.

You will not use NWD to do anything unlawful, misleading, malicious, or discriminatory.

You will not do anything that could disable, overburden, or impair the proper working or appearance of NWD, such as a denial of service attack or interference with page rendering or other NWD functionality.

You will not facilitate or encourage any violations of this Statement or our policies.

Registration and Account Security

NWD users provide their real names and information, and we need your help to keep it that way. Here are some commitments you make to us relating to registering and maintaining the security of your account:

You will not provide any false personal information on NWD, or create an account for anyone other than yourself or your institution without permission.

You will not create more than one personal or institutional account.

If we disable your account, you will not create another one without our permission.

You will not use NWD if you are under 13 without the permission of your teacher.

You will keep your contact information accurate and up-to-date.

You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.

You will not transfer your account (including any Page or application you administer) to anyone without first getting our written permission.

Protecting Other People's Rights

We respect other people's rights, and expect you to do the same.

You will not post content or take any action on NWD that infringes or violates someone else's rights or otherwise violates the law.

We can remove any content or information you post on NWD if we believe that it violates this Statement or our policies.

If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, we will provide you with an opportunity to appeal.

If you repeatedly infringe other people's intellectual property rights, we will disable your account when appropriate.

You will not use our trademarks (including NWD, the NWD and NWD Logos), or any confusingly similar marks, except as expressly permitted by our Brand Usage Guidelines or with our prior written permission.

If you collect information from users, you will: obtain their consent, make it clear you (and not NWD) are the one collecting their information, and post a privacy policy explaining what information you collect and how you will use it.

Special Provisions Applicable to Pages

If you create or administer a Page on NWD you agree to our Pages Terms.

Special Provisions Applicable to Social Plugins

If you include our Social Plugins, such as the Share or Like buttons on your website, the following additional terms apply to you:

We give you permission to use NWD’s Social Plugins so that users can post links or content from your website on NWD.

You give us permission to use and allow others to use such links and content on NWD.

You will not place a Social Plugin on any page containing content that would violate this Statement if posted on NWD.

Termination

If you violate the letter or spirit of this Statement, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of NWD to you. We will notify you by email or at the next time you attempt to access your account. You may also delete your account or disable your application at any time. 

Disputes

You will resolve any claim, cause of action or dispute (claim) you have with us arising out of or relating to this Statement or NWD exclusively in a state or federal court located in Miami-Dade County. The laws of the State of Florida will govern this Statement, as well as any claim that might arise between you and us, without regard to conflict of law provisions. You agree to submit to the personal jurisdiction of the courts located in Miami-Dade County, Florida for the purpose of litigating all such claims.

If anyone brings a claim against us related to your actions, content or information on NWD, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim. Although we provide rules for user conduct, we do not control or direct users' actions on NWD and are not responsible for the content or information users transmit or share on NWD. We are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or information you may encounter on NWD. We are not responsible for the conduct, whether online or offline, or any user of NWD.

WE TRY TO KEEP NWD UP, BUG-FREE, AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. WE ARE PROVIDING NWD AS IS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT NWD WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT NWD WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. NWD IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS STATEMENT OR NWD, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR NWD WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, NWD'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Definitions

By "NWD" we mean the features and services we make available, including through (a) our website at www.nationalwaterdance.org and any other NWD branded or co-branded websites (including sub-domains, widgets, and mobile versions); (b) our Platform; (c) social plugins such as the Like button, the Share button and other similar offerings and (d) other media, software (such as a toolbar), devices, or networks now existing or later developed.

By "Platform" we mean a set of APIs and services (such as content) that enable others, including application developers and website operators, to retrieve data from NWD or provide data to us.

By "information" we mean facts and other information about you, including actions taken by users and non-users who interact with NWD.

By "content" we mean anything you or other users post on NWD that would not be included in the definition of information.

By "data" or "user data" or "user's data" we mean any data, including a user's content or information that you or third parties can retrieve from NWD or provide to NWD through Platform.

By "post" we mean post on NWD or otherwise make available by using NWD.

By "use" we mean use, copy, publicly perform or display, distribute, modify, translate, and create derivative works of.

By "active registered user" we mean a user who has logged into NWD at least once in the previous 30 days.

By "application" we mean any application or website that uses or accesses Platform, as well as anything else that receives or has received data from us.  If you no longer access Platform but have not deleted all data from us, the term application will apply until you delete the data.

Other

If you are a resident of or have your principal place of business in the US, this Statement is an agreement between you and NWD.  References to “us,” “we,” and “our” mean NWD.

This Statement makes up the entire agreement between the parties regarding NWD, and supersedes any prior agreements.

If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.

If we fail to enforce any of this Statement, it will not be considered a waiver.

Any amendment to or waiver of this Statement must be made in writing and signed by us.

You will not transfer any of your rights or obligations under this Statement to anyone else without our consent.

Nothing in this Statement shall prevent us from complying with the law.

This Statement does not confer any third party beneficiary rights.

We reserve all rights not expressly granted to you.

You will comply with all applicable laws when using or accessing NWD.