TERMS AND CONDITIONS

TERMS OF USE

South Dakota Ballet and its affiliates provide their services to you through this website subject to the following conditions. By visiting or shopping at www.southdakotaballet.org and/or any other web pages affiliated with South Dakota Ballet, you accept the following conditions. Therefore, please read them carefully.

PRIVACY POLICY

Please review our Privacy Policy to understand our practices regarding your privacy in connection with our online services.

ELECTRONIC COMMUNICATIONS

When you visit this website or send emails to us, you are communicating with us electronically. As part of these Terms of Use, you: (1) consent to receive communications from us electronically, including communications by email or by notices posted on our website; and (2) agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included on this website (such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software), the compilation of all content on this website, and all software used on this website are the property of South Dakota Ballet Co. d/b/a South Dakota Ballet (hereinafter referred to as “South Dakota Ballet”) or its content suppliers and are protected by the U.S. and international copyright laws. Please note that the names and images of artists and other persons appearing on this website may be additionally protected under U.S. and international laws concerning rights of publicity and privacy.

Unless you receive South Dakota Ballet’s express written consent, you may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of this website, including the content and/or software on this website. You must abide by all copyright notices, information, and/or restrictions contained or referenced on this website.

You may make a single copy of any webpage from this website for your own personal, non-commercial use, provided that you do not alter the content or remove any copyright, trademark or other proprietary notice contained therein. Any other copying, or any republication or distribution of any content of this website, is expressly prohibited without the prior written consent of South Dakota Ballet. Permission requests may be sent to info@southdakotaballet.org.

TRADEMARKS

SOUTH DAKOTA BALLET, SDB, SOUTH DAKOTA’S FIRST PROFESSIONAL BALLET COMPANY, SOUTH DAKOTA BALLET-BRINGING BALLET TO ALL 50 STATES, as well as other marks so indicated on our website and other South Dakota Ballet graphics, logos, images, page headers and titles, button icons, scripts, and trade and service names, are trademarks and/or trade dress of South Dakota Ballet (or its affiliates) in the U.S. and other countries. You may not use South Dakota Ballet’s trademarks and trade dress unless you first obtain the express written consent of South Dakota Ballet.

All other trademarks not owned by South Dakota Ballet or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by South Dakota Ballet or its affiliates. South Dakota Ballet makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks that appear on this website but are not owned by South Dakota Ballet or its affiliates.

LICENSE AND WEBSITE ACCESS

South Dakota Ballet hereby grants you a limited, revocable, and nonexclusive license to access and make personal use of this website. You may not, however, download this website (other than page caching) or modify it in whole or in part unless you have first received the express written consent from South Dakota Ballet. Furthermore, this limited, revocable license does not include the right to: any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another person or entity; or any use of data mining, robots, or similar data gathering and extraction tools. This website (or any portion thereof) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from South Dakota Ballet. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including, but not limited to, images, text, page layout, and/or form) of South Dakota Ballet and/or our affiliates without express written consent from South Dakota Ballet. You may not use any metatags or any other “hidden text” utilizing South Dakota Ballet’s name or trademarks without express written consent from South Dakota Ballet.

South Dakota Ballet also hereby grants you a limited, revocable, and nonexclusive license to create a hyperlink to the home page of South Dakota Ballet provided that the link (viewed as a whole with the content of the website on which the link is located) does not portray South Dakota Ballet, its affiliates, or their products or services, in a false, misleading, derogatory, offensive or otherwise objectionable manner. You may not use any South Dakota Ballet logo or other proprietary graphic or trademark as part of the link without express written permission from South Dakota Ballet.

Any unauthorized use automatically terminates the licenses and permission granted above by South Dakota Ballet. South Dakota Ballet and its affiliates reserve the right to block access, refuse services, or remove or edit content in connection with this website.

COPYRIGHT COMPLAINTS

South Dakota Ballet and its affiliates respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact South Dakota Ballet’s copyright agent in writing to info@southdakotaballet.org and provide the following information:

  • Your full name, address, telephone number, and email address;

  • A description of the copyrighted work that you claim has been infringed;

  • A description of where the material that you claim is infringing is located on the website;

  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

  • A signed statement by you specifically stating that, under penalty of perjury, the information you are providing in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying South Dakota Ballet and its affiliates that your copyrighted material is being infringed on this website.

RISK OF LOSS

All items purchased online from South Dakota Ballet are made pursuant to a shipment contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

PRODUCT/SERVICE DESCRIPTIONS

South Dakota Ballet and its affiliates try to be as accurate as possible. South Dakota Ballet, however, does not warrant that product or service descriptions, or other content of this website, are accurate, complete, reliable, current, or free of errors.

OTHER BUSINESSES

On this website, South Dakota Ballet may provide links to the websites of affiliated companies and certain other businesses or individuals. South Dakota Ballet is not responsible for examining or evaluating and does not make any representations or warranties concerning, any of those businesses or individuals, their products and services, or the content of their websites. South Dakota Ballet does not assume any responsibility or liability for the actions, products, services, or content of those businesses or individuals or any other third parties. You should carefully review the privacy statements and other Terms of use belonging to those businesses, individuals, and other third parties.

PURCHASES

Purchases are non-refundable and may not be returned to South Dakota Ballet after they have been purchased. Ticket holders must refer to the box office in which they have purchased to determine if a ticket is eligible for exchange. South Dakota Ballet offers merchandise. Merchandise cannot be refunded, only exchanged. Online sales through South Dakota Ballet website may only be made by persons who are 18 years of age or older.

APPLICABLE LAW

By visiting this website, you agree that the laws of the state of South Dakota, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and South Dakota Ballet or its affiliates.

DISPUTES

Any dispute relating in any way to your visit to this website, or to products or services you purchase through this website, shall be submitted to confidential arbitration in Sioux Falls, South Dakota.

MODIFICATION AND SEVERABILITY

South Dakota Ballet reserves the right to make changes to our website, policies, and these Terms of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.