Terms of Use

Welcome to the Terms of Service for Sundance Collab (“Sundance Collab Terms”) provided by Sundance Institute (“Sundance Institute”, “we” or “us”).

These Sundance Collab Terms govern your use of and access to the sites, content, applications, services, tools and features related to Sundance Collab and provided by Sundance Institute, including at the website https://collab.sundance.org (collectively, the “Services”). Please read these Sundance Collab Terms carefully, as they include important information about your legal rights. Your use of the Services is also governed by the Sundance Institute Website Terms and Conditions (“Website Terms”) and Privacy Policy, currently available at http://www.sundance.org/about/privacy-policy#sundance-institute-web-site-terms-and-conditions. The Website Terms are hereby incorporated by reference into these Sundance Collab Terms, provided that in the event of a conflict between the Website Terms and these Sundance Collab Terms, these Sundance Collab Terms will supersede and control.

By using or accessing the Services, you are agreeing to these Sundance Collab Terms. For purposes of these Sundance Collab Terms, “you” and “your” means you as the user of the Services. If you use the Services on behalf of a company or other entity then “you” includes you and that entity, and you represent and warrant that (a) you are an authorized representative of such entity with the authority to bind such entity to these Sundance Collab Terms, and (b) you agree to these Sundance Collab Terms on such entity’s behalf.

ARBITRATION NOTICE FOR USERS IN THE UNITED STATES: Please note that Section 9 contains an arbitration clause and class action waiver. By agreeing to these Sundance Collab Terms, you agree (a) to resolve all disputes with us through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) that you waive your right to participate in class actions, class arbitrations, or representative actions. You have the right to opt-out of arbitration as explained in Section 9.

1. Who May Use the Services

You must be 13 years of age or older to use our Services and 16 years of age or older to enroll in any Sundance Collab courses. Minors under the age of majority in their jurisdiction but that are at least 13 years of age are only permitted to use our Services if the minor’s parent or guardian accepts these Sundance Collab Terms on the minor’s behalf prior to use of the Services. Children under the age of 13 are not permitted to use the Services. By using the Services, you represent and warrant that you meet all of these requirements.

2. User Accounts and PAID Services

2.1 Creating and Safeguarding your Account.To use certain portions of the Services, you will need to create an account (“Account”). You agree to provide us with and maintain accurate, complete and updated information for your Account. You are solely responsible for any activity on your Account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your Account. You must immediately notify us at collabsupport@sundance.org if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account. Accounts that remain inactive for a period of a year or more may be purged from our system with prior written notice to the email address listed in the relevant user’s Account.

2.2 Paid Services and Fees.Certain portions of the Services are available to you for a fee. If you sign up for such Services, you agree to pay us the applicable fees and taxes in U.S. Dollars. Failure to pay these fees and taxes will result in the termination of your access to the paid Services. You agree that (a) we may store and continue billing your payment method (e.g. credit card) to avoid interruption of the Services, and (b) we may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You acknowledge and agree that all information you provide with regards to a purchase of Services, including, without limitation, credit card or other payment information, is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (a) discontinue or limit the available quantity of any paid Services, and (b) refuse to allow any user to purchase any Services. If you are on a payment plan, you acknowledge and agree that the second payment must be made in full prior to the third class session, and the third payment made in full prior to the fifth session of the respective course, or your access to the paid Services will be terminated.

2.3 Refunds

2.3.1 General. You may request a refund by contacting collabsupport@sundance.org. Except as expressly set forth in these Sundance Collab Terms, payments are non-refundable and there are no credits for partially used courses, Master Classes, or Video Bundles. The term "purchase fee" as used herein does not include any credit card or other payment processing fees. No more than one (1) refund per account, per year will be provided (at Sundance Institute’s sole discretion or as set forth herein). Scholarships are not transferable to future courses.

2.3.2 Courses. If you wish to withdraw your enrollment in any online course within the time frames listed below and have not already received a refund in the past year, we will provide a refund of all or a portion of the fee you paid, as stated below, subject to the following conditions:

(a) You are eligible to receive 100% of the purchase fee minus any processing fees if you withdraw from the course within 14 days of the date of your initial purchase, provided that (i) the class sessions have not yet started, and (ii) you have not accessed any course materials.

(b)If the class sessions have started, you are eligible to receive 50% of the purchase fee you paid minus any processing fees if you withdraw from the course 14 days from the date of your initial purchase, provided that not more than 50% of the scheduled class sessions for the course have been conducted.

(c)No refund will be available if more than 50% of the scheduled class sessions for the course have been conducted prior to your election to withdraw from the course.

2.3.3 Course Bundles. If you wish to withdraw your enrollment in any online course purchased with a bundle within the time frames listed below and have not already received a refund in the past year, we will provide a refund of all or a portion of the fee you have paid, as stated below, subject to the following conditions:

(a) You are eligible to receive 100% of the purchase fee minus any processing fees if you elect to cancel the bundle within 14 days of the date of your initial purchase, provided that (i) the class sessions have not yet started, and (ii) you have not accessed any course materials.

(b)You are eligible to receive 50% of the purchase fee minus any processing fees if you elect to cancel the bundle more than 14 days after the date of your initial purchase, provided that the second scheduled course has not begun.

2.3.4 Advisor Office Hours. Refunds for advisor office hours are available if: (a) you have not already received a refund in the past year, and (b) you cancel at least 72 hours before the office hours. The refund amount will be the purchase price minus any processing fees.

2.4 Promotional and Referral Code. We may offer certain promotional codes, referral codes or similar promotional coupons (“Promotional Codes”) that may be redeemed for discounts on future Services, or other features or benefits related to the Services, subject to any additional terms that Sundance Institute establishes. You acknowledge that Promotional Codes are intended for one-time use only and you understand and agree that only one Promotional Code may be used at a time. Promotional Codes are not valid on past purchases and will not be applied retroactively. You agree that Promotional Codes: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by Sundance Institute; (d) may be disabled or have additional conditions applied to them by Sundance Institute at any time for any reason without liability to Sundance Institute; (e) may only be used pursuant to the specific terms that Sundance Institute establishes for such Promotional Code; (f) are not redeemable for cash or other credits or points offered via the Service; and (g) may expire prior to your use.

2.5 Changes to Services and Pricing. Sundance Institute may, at any time and in our sole and complete discretion, revise or change the pricing, availability, specifications, content, descriptions or features of any Services. While we attempt to be as accurate as we can in our descriptions for the Services, we do not warrant that Service descriptions are accurate, complete, reliable, current, or error-free. We reserve the right to change our course plans or adjust pricing for our Services in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise provided in these Sundance Collab Terms, any price changes or changes to your course plan will take effect following reasonable notice to you via the email listed in your Account.

2.6 Order Acceptance. Once we receive your order for a Service, we will provide you with an order confirmation. Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to provide such Service; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole and complete discretion. If we cancel an order after you have already been billed, then we will refund the billed amount.

3. Contests

3.1 Contest Rules and Eligibility. We may host certain contests (the “Contests”) as announced on the Service. No purchase is necessary to enter a Contest. For specific details on how to enter into a Contest, the criteria for selecting winner(s) and other related information, please reference any specific Contest rules (the “Rules”) that are posted on the Service for such Contest. In the event of any conflict between the Rules and these Sundance Collab Terms, the Rules will supersede as they apply to any specific Contest. Employees of Sundance Institute and its respective parents, subsidiaries, affiliates, and members of their immediate family (spouse, parent, sibling or child and their respective spouses, regardless of where they reside) are not eligible to enter or win. The Contest is void where prohibited by law.

3.2 Entries. You acknowledge and agree any of Your Content (defined in Section 6.2 below) specifically uploaded in connection with your participation in a Contest (“Your Entry”) may be viewed by Sundance Institute’s partners, teachers, contest judges and advisors and other users of the Service assisting Sundance Institute in connection with the Contest. By participating in a Contest, you represent and warrant that Your Content is your original work, and that you are the sole owner and author of Your Content and have all legal rights to Your Content. You further represent and warrant that Your Content does not defame, disparage or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights, is not restricted by copyright, trademark or any other similar right of any third party, is legal to assign and offer for sale, suitable for publication, and otherwise complies with the Rules and these Sundance Collab Terms.

3.3 Disclaimer. If you are a winner of a Contest, then as a condition to receive the applicable prize, you hereby fully release and hold Sundance Institute harmless from any injuries, attorneys’ fees, costs, expenses, losses or damages of any kind resulting from acceptance or use of such prize. Sundance Institute is not responsible for technical, hardware of software malfunctions, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications whether caused by the sender or by any of the equipment or programming associated with or utilized in this Contest or by any human error that may occur in the processing of entries.

3.4 Administration, Cancellation and Disqualification. By submitting Your Entry, you agree that the Rules, these Sundance Collab Terms and the decisions of Sundance Institute are binding on you and shall be final in all respects. Failure to comply with the Rules or these Sundance Collab Terms will result in disqualification. Winners of any Contest grant Sundance Institute the right to use their name, likeness, photo, score and/or prize information for promotional purposes relating to the Contest without further compensation or permission (unless prohibited by law). Sundance Institute reserves the right to cancel or modify any Contest if fraud, technical failures or other causes destroy or threaten the integrity of the Contest or if the Contest is not capable of running as planned for any reason. Sundance Institute reserves the right, at its sole and complete discretion, to cancel the Contest or disqualify any individual it determines to be tampering with the Contest, to be violating the Rules or these Sundance Collab Terms or acting in a manner disruptive to the conduct of the Contest. We reserve the right to discontinue any Contest at any time.

4. Privacy Policy and Code of Conduct

4.1 Privacy Policy. Our Privacy Policy describes how we handle the information you provide to us when you use our Services. For an explanation of our privacy practices, please visit our Privacy Policy at http://www.sundance.org/about/privacy-policy#-sundance-institute-privacy-policy.

4.2 Community Agreement. Our Community Agreement provides guidelines on how you must conduct yourself on our Services. The Community Agreement can be found on https://collab.sundance.org/community-agreement and is incorporated herein by reference.

5. Rights We Grant You

5.1 License Grant. Subject to your compliance with these Sundance Collab Terms, Sundance Institute hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to access and use the software and content provided to you as part of the Services for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by us, in the manner permitted by these Sundance Collab Terms and subject to the use restrictions described below.

5.2 Restrictions On Your Use of the Services. You may not do or attempt to do any of the following, unless applicable laws prohibit these restrictions or you have our written permission to do so:

(a) download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;

(b) duplicate, decompile, reverse engineer, disassemble or decode the Services (including any underlying idea or algorithm);

(c) use, reproduce or remove any copyright, trademark, trade names, slogan, logos, images, service marks or other proprietary notations displayed on or through the Services;

(d) exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;

(e) use the Services in any manner that we, in our sole discretion, suspect could disable, overburden, damage, disrupt or impair the Service or interfere with any other party’s use of the Services or use any device, software or routine that causes the same;

(f) attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, accounts registered to other users, or the computer systems or networks connected to the Service;

(g) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;

(h) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;

(i) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;

(j) use the Services for illegal, harassing, unethical, or disruptive purposes;

(k) violate any applicable law or regulation in connection with your use of the Services; or

(l) use the Services in any way not expressly permitted by these Sundance Collab Terms.

6. Ownership and Content

6.1 Ownership of the Services.The Services and their content, including their “look and feel” (e.g., text, graphics, images, logos, proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. Other than with respect to Your Content (as defined in Section 6.2 below), you agree that Sundance Institute and/or its licensors own all right, title and interest in and to the Services (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We and our licensors reserve all rights in connection with the Services and its content (other than Your Content), including, without limitation, the exclusive right to create derivative works. The Sundance Institute name, the terms SUNDANCE COLLAB, SUNDANCE FILM FESTIVAL® and SUNDANCE INSTITUTE®, the Sundance Institute logo and all related names, logos, product and service names, designs and slogans are trademarks of Sundance Institute or its affiliates or licensors. Other names, logos, product and service names, designs and slogans that appear on the Services are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

6.2 Your Content License Grant. In connection with your use of the Services, you may be able to post, upload, or submit content to be made available through the Services (“Your Content”). As a condition of your use of the Services, you grant us a nonexclusive, royalty-free, worldwide license to access, use, host, cache, store, transmit, display and publish Your Content on the Services in connection with our provision of the Services to you, including to permit other users of our Services and Sundance Institute’s partners, teachers, contest judges and advisors to provide feedback on Your Content or to judge them in connection with any applicable Contest. As part of the foregoing license grant you agree that the other users of our Services and Sundance Institute’s partners, teachers, contest judges and advisors shall have the right to review and comment on Your Content. By posting or submitting Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.

6.3 Course Recordings. Sundance Institute may record certain courses offered as part of the Services while they are in session and store such recordings (the “Course Recordings”) in our courses archive and/or on the Sundance Collab website. You acknowledge that Sundance Institute may offer, display, store, and publish any and all Course Recordings in connection with the operation of the Services. By using any of the Services, you grant Sundance Institute the right to use your name, image and likeness as they appear in the Course Recordings in the archive and/or on the Sundance Collab website and without further compensation or permission (unless prohibited by law).

6.4 Ownership of Feedback. You may be able to offer feedback and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Sundance Institute, in perpetuity, and Sundance Institute may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Sundance Institute any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

6.5 Notice of Infringement for User Content – DMCA Policy
Sundance Institute is committed to complying with the Digital Millennium Copyright Act (the “DMCA”). If you are a copyright owner (or an agent thereof) who believes that your (or your client’s) content was posted on the Services without your permission in a way that infringes your rights, you can follow the DMCA notification procedures outlined in the Website Terms to notify our Copyright Designated Agent regarding such content.

7. Third Party Services and Materials

7.1 Use of Third Party Materials in the Services. Certain Services may display, include or make available content, data, information, materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Services, you acknowledge and agree that we are not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party Services, Third Party Materials or websites, or for any other materials, products, or services of third parties. Third Party Materials and links to other websites are provided solely as a convenience to you.

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers. Your access to and use of the Services are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, Sundance Institute, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners, instructors and licensors (the “Sundance Institute Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Sundance Institute Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Services; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services; (c) the operation or compatibility with any other application or any particular system or device; (d) whether the Services will meet your requirements or be available on an uninterrupted, secure or error-free basis; and (e) the hacking of, corruption of, deletion of, or the failure to store or transmit, Your Content and other communications maintained by the Services. No advice or information, whether oral or written, obtained from the Sundance Institute Entities or through the Services, will create any warranty or representation not expressly made herein.

8.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE SUNDANCE INSTITUTE ENTITIES BE LIABLE (A) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE SUNDANCE COLLAB TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE SUNDANCE COLLAB TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE SUNDANCE INSTITUTE ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE SUNDANCE COLLAB TERMS OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION OR LIMITATION MAY NOT APPLY TO YOU. THE SUNDANCE INSTITUTE ENTITIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE SUNDANCE INSTITUTE ENTITIES, IF ANY, IN THE PAST SIX (6) MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

8.3 Indemnification. By entering into these Sundance Collab Terms and using the Services, you agree to defend, indemnify and hold the Sundance Institute Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Sundance Collab Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) any unauthorized use of the Services; (d) Your Content; and/or (e) your negligence or willful misconduct.

9. ARBITRATION AND CLASS ACTION WAIVER

9.1 Informal Process First. You agree that in the event of any dispute between you and the Sundance Institute Entities relating in any way to these Sundance Collab Terms or your use of the Services, you will first contact Sundance Institute in writing and make a good faith sustained effort to engage respectfully and collaboratively with Sundance Institute to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action.

9.2 Agreement to Arbitrate and Class Action Waiver. In the event a respectful and collaborative sustained effort does not fully resolve a dispute, any remaining dispute, controversy, or claim (collectively, “Claim”) relating in any way to these Sundance Collab Terms or your use of the Services, will be resolved by arbitration. You and Sundance Institute agree that, to the maximum extent permitted by applicable law, any Claim will be settled by final and binding arbitration, using the English language. Arbitration will be handled by a sole arbitrator. Judgment on the arbitration award may be entered in any court that has jurisdiction. You understand that by agreeing to these Sundance Collab Terms, you and Sundance Institute are each waiving the right to trial by jury or to participate in a class action or class arbitration. Notwithstanding the foregoing, you and Sundance Institute will have the right to bring an action in a court of proper jurisdiction for injunctive or other equitable or conservatory relief, pending a final decision by the arbitrator. You may instead assert your claim in “small claims” court so long as your claim remains in such court and your claim remains on an individual, non-representative and non-class basis. An arbitrator shall not be bound by rulings in prior arbitrations involving different users, but is bound by rulings in prior arbitrations involving the same user to the extent required by applicable law.

9.3 Costs of Arbitration. Payment for any and all reasonable filing, administrative and arbitrator fees will be borne by the non-prevailing party.

9.4 Opt-Out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these Sundance Collab Terms by sending written notice of your decision to opt-out to collabsupport@sundance.org or to Sundance Institute, P.O. Box 684429, Park City, UT 84068. The notice must be sent to Sundance Institute within thirty (30) days of your registering to use the Services or agreeing to these Sundance Collab Terms, otherwise you shall be bound to arbitrate disputes in accordance with these Sundance Collab Terms. If you opt-out of these arbitration provisions, Sundance Institute also will not be bound by them.

10. Additional Provisions

10.1 Updating These Sundance Collab Terms. We may modify these Sundance Collab Terms from time to time in which case we will update the “Last Revised” date at the top of these Sundance Collab Terms. We will use reasonable efforts to notify affected users of any material changes, including by e-mail and/or by placing a prominent notice on the front webpage for the Services. However, it is your sole responsibility to review these Sundance Collab Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

10.2 Termination of License and Your Account. If you breach any of these Sundance Collab Terms, all licenses granted by Sundance Institute will terminate automatically. Additionally, Sundance Institute may suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason. If Sundance Institute deletes your Account for any suspected breach of these Sundance Collab Terms by you, you are prohibited from re-registering for the Services under a different name. In the event of Account deletion for any reason, Sundance Institute may, but is not obligated to, delete any of Your Content. All sections which by their nature should survive the termination of these Sundance Collab Terms shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by Sundance Institute or you. Termination will not limit any of Sundance Institute’s other rights or remedies at law or in equity.

10.3 Injunctive Relief. You agree that a breach of these Sundance Collab Terms will cause irreparable injury to Sundance Institute for which monetary damages would not be an adequate remedy and Sundance Institute shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

10.4 California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

10.5 Export Laws. You agree that you will not export or re-export, directly or indirectly, the Services and/or other information or materials provided by Sundance Institute hereunder, to any country for which the United States or any other relevant jurisdiction requires any export license or other governmental approval at the time of export without first obtaining such license or approval. You are responsible for and hereby agree to comply at your sole expense with all applicable United States export laws and regulations.

10.6 Severability. If any provision of these Sundance Collab Terms is unlawful, void or for any reason unenforceable, then that provision shall be excluded to the extent of its unenforceability. All other Sundance Collab Terms shall remain in full force and effect.

10.7 Miscellaneous. These Sundance Collab Terms and the licenses granted hereunder may be assigned by Sundance Institute without notice but may not be assigned by you without the prior express written consent of Sundance Institute. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. The Service is operated by Sundance Institute in the United States. Those who choose to access the Service from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local rules and laws regarding your use of Services, including as it concerns online conduct and acceptable content. Sundance Institute’s headquarters are in Park City, Utah, and the laws of the state of Utah shall govern this agreement without regard to conflict of law rules. Summit County, Utah shall also be the exclusive venue and jurisdiction of any disputes, whether brought in court or through arbitration.

10.8 How to Contact Us. You may contact Sundance Institute regarding the Services or these Sundance Collab Terms at: Sundance Institute, P.O. Box 684429, Park City, UT 84068, or by email at collabsupport@sundance.org.