RESTRICTIONS ON USE OF MATERIALS
This site is owned and operated by International Baton Twirling Federation. Materials contained on or obtained through this site, including, but not limited to, text, graphics, images, data, audio and video (collectively, the "Materials") are owned or licensed by International Baton Twirling Federation. Any use of any of the Materials on this site other than for private, non-commercial viewing purposes is strictly prohibited. The sale, auction, lease, loan, gift, trade or barter, or use of any of the text, graphics, photographs, audio and/or video material, or stills from audiovisual material or any other materials contained herein, for any other purpose, in any form, media or technology now known or hereafter developed, including the use of any of the aforementioned Materials on any other web site or networked computer environment, without a prior written consent from International Baton Twirling Federation, is expressly prohibited. The creation of derivative works based on the Materials contained herein including, but not limited to, products, services, fonts, icons, link buttons, wallpaper, desktop themes, on-line postcards and greeting cards and unlicensed merchandise (whether sold, bartered or given away) is expressly prohibited. No Materials from this site or any web site owned, operated, licensed or controlled by International Baton Twirling Federation may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the Materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Materials or use of the Materials for any other purpose is a violation of International Baton Twirling Federation’s copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other web site or networked computer environment is prohibited.
You must retain all copyright, trademark and other proprietary notices contained in the original Materials on our site or on any copy you make of the Materials. You may not frame or utilize framing techniques to enclose all or any portion of this site. You may not use any metatags or any other similar hidden text utilizing International Baton Twirling Federation's name, service marks or trademarks.
We may, in our sole discretion, modify, add or discontinue any aspect, content or feature of this site.
Webmasters: As stated above, the use of any of the material on our site is strictly prohibited without prior written consent. The rights to many of the photographs on our site belong to the photographer and not International Baton Twirling Federation. At no time will permission be granted to use any material for commercial purposes. If you are interested in using any material on our site in a non-commercial manner, please send an e-mail requesting permission to infoibtf-batontwirling [dot] org. Include in your e-mail the reasons you would like to use the material and how it would be distributed. Permission is granted at our sole discretion on an individual basis only and is given only for the specific purpose requested.
International Baton Twirling Federation maintains federal and state service mark and trademark registrations, and has common law rights, in certain trademarks and service marks. Some of these marks may appear on International Baton Twirling Federation site(s). The use of any of these marks taken from International Baton Twirling Federation’s site(s) by you for any reason, including on any other web site or networked computer environment or for personal use, is strictly prohibited. All other trademarks, service marks and logos used on this site are the property of their respective owners.
THIS SITE AND THE MATERIALS ARE PROVIDED ON AN AS-IS, AS-AVAILABLE BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, INTERNATIONAL BATON TWIRLING FEDERATION, ITS AFFILIATES AND ITS THIRD PARTY LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, FITNESS ƒFOR A PARTICULAR PURPOSE OR ACCURACY OF ANY INFORMATIONAL CONTENT. CERTAIN STATES DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO ONE OR ALL OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You understand and expressly agree that use of this site and the Materials is at your sole risk and that this site and the Materials may not be current, complete, uninterrupted, accurate or error-free. We make no representation or warranty regarding the use, validity, security, accuracy, currency, completeness, reliability or the results from the use of this site or the Materials and do not assume any liability or responsibility for any errors or omissions in the Materials or any actions taken or not taken in reliance upon the Materials. The Materials may contain typographical errors or inaccuracies and may not be complete or current and, therefore, we reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
LINKS TO THIRD-PARTY SITES
This site contains links to third-party web sites. These links are provided solely for your convenience. They are not an endorsement by us of the content of such third-party web sites. We are not responsible for the content or practices of linked third-party sites and do not make any representations or warranties about the content or accuracy of materials on such third-party web sites or the practices of such sites.
We welcome comments regarding our service. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") submitted to us will be our exclusive property. Submission of any such Comments constitutes an assignment to International Baton Twirling Federation of all worldwide right, title and interest in and to all copyrights and other intellectual property rights in and to the Comments, and you represent and warrant that you have the right to make such an assignment and that such Comments do not violate or infringe any rights of anyone. International Baton Twirling Federation will be entitled to use, reproduce, disclose, publish and distribute any Comments for any purpose whatsoever (in whole or in part) worldwide and/or to incorporate it in other work in any form, media or technology now known or later developed, without restriction and without compensating you in any way. For this reason, we ask that you do not send us any Comments that you do not desire to assign to International Baton Twirling Federation, including, but not limited to, any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
LIMITATION OF LIABILITY
IN NO EVENT SHALL INTERNATIONAL BATON TWIRLING FEDERATION, ITS AFFILIATES OR ITS THIRD PARTY LICENSORS BE LIABLE FOR ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES REGARDLESS OF THE CHANNEL BY WHICH THEY ARE SPREAD, BUSINESS INTERRUPTION, LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLES,) ARISING FROM OR IN ANY WAY RELATING TO THESE TERMS, THIS SITE, THE MATERIALS (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE THIS SITE OR THE MATERIALS), OR ANY INFORMATION, GOODS OR SERVICES CONTAINED ON OR OBTAINED THROUGH THIS SITE, EVEN IF INTERNATIONAL BATON TWIRLING FEDERATION HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORM OF ACTION (INCLUDING, BUT NOT LIMITED TO, CONTRACT, NEGLIGENCE, TORT OR WARRANTY). CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify and hold harmless International Baton Twirling Federation and its affiliates and their officers, directors, employees and agents, from and against any and all third-party claims, liability, injuries, actions, demands, costs or expenses (including, but not limited to, attorneys' fees) of any nature arising from or relating to your use of this site or the Materials, material that you post to this site or otherwise provide to International Baton Twirling Federation, or your breach or violation of these terms. International Baton Twirling Federation reserves the right to defend any such claim, and you agree to provide International Baton Twirling Federation with such reasonable cooperation as it may request.
These terms are effective until terminated by either party. You may terminate these terms at any time by destroying all materials obtained from any and all International Baton Twirling Federation site(s) and all related documentation and all copies and installations thereof, whether made under the terms of these terms or otherwise. You agree that International Baton Twirling Federation, in its sole discretion, may terminate any account (or any part thereof) you may have with us, or use of the web site, and remove and discard all or any part of your account or any submissions, for any reason whatsoever in International Baton Twirling Federation sole discretion. International Baton Twirling Federation may also in its sole discretion and at any time discontinue providing the International Baton Twirling Federation site, or any part thereof, with or without notice. You agree that any termination of your access to the site or any account you may have or portion thereof, may be effected without prior notice, and you agree that International Baton Twirling Federation shall not be liable to you or any third-party for any such termination. Upon termination, you must destroy all materials obtained from this site and any and all other International Baton Twirling Federation site(s) and all copies thereof, whether made under the terms of these terms or otherwise.
NOTICE AND PROCEDURE FOR CLAIMS OF COPYRIGHT INFRINGEMENT
We may, at our discretion and in appropriate circumstances, terminate the accounts of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Designated Agent the notice and information required by the Digital Millennium Copyright Act, including, but not limited to, 17 U.S.C. § 512. Notification of claims of copyright infringement relating to material on this web site should be sent to the following Designated Agent:
Service Provider: International Baton Twirling Federation
Address: 2429 7th Street, Clay Center, Kansas USA
Designated Agent: Coordinator
E-mail address: infoIBTF-batontwirling [dot] org
These terms will be governed by the internal laws of the State of Kansas. You agree that any and all disputes, claims and causes of action arising from or relating to this site or these terms may be brought only in a court of competent jurisdiction in Colorado, and you hereby consent to the jurisdiction, venue and convenience of such courts. Any and all disputes, claims and causes of action arising out of or relating to this site or these terms shall be resolved individually, without resort to any form of class action.
This site is based in the United States. Access to the Materials may not be legal by certain persons or in certain countries. If you access this site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Headings in these terms are for convenience only and shall not be used to interpret or construe its provisions. If any term or provision of these terms is found to be invalid, void or unenforceable by any court having competent jurisdiction, the remainder of these terms shall remain in full force and effect. Any waiver of any term or provision of these terms will be effective only if it is in writing and signed by International Baton Twirling Federation. No waiver of any term or provision of these terms shall be deemed a further or continuing waiver of such term or provision or any other term or provision. These terms constitute the entire agreement between the parties pertaining to the subject matter hereof, and cancels and supersedes all prior oral and written negotiations, agreements or understandings between the parties with respect to the subject matter hereof. Except as provided above in the section labeled "Changes to these Terms," no modification of any provision of these terms shall be valid or binding unless made in writing and signed by an authorized representative of International Baton Twirling Federation.
Revised: July 29, 2019