Terms of Service
Danceador may, in its sole discretion, modify or revise Terms of Service at any time, and you agree to be bound by such modifications or revisions. Nothing in Terms of Service shall be deemed to confer any third-party rights or benefits.
The Terms of Service apply to all users of the , including users who are also contributors of Content. “Content” includes the text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials you may view on, access through, or contribute to the site. This include all aspects of Danceador, including but not limited to all products, software and services offered via the Danceador website, such as the Danceador YouTube channels, and Danceador Accounts on Social Media Platforms such as Facebook, Instagram, Twitter, and Snapchat.
This may contain links to third party websites that are not owned or controlled by Danceador. Danceador has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. In addition, Danceador will not and cannot censor or edit the content of any third-party site. By using the Service, you expressly relieve Danceador from any and all liability arising from your use of any third-party website.
3. Danceador Content Submissions
In order to submit content to Danceador, you complete the “Submit A Dance” Form. You may never use another’s content without permission. When submitting content, you accurate and complete. You are solely responsible for the your submission and you must keep your submission/content secure. You must notify Danceador of any breach of security or unauthorized use of your account.
Although Danceador will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Danceador or others due to such unauthorized use.
4. General Use of the Service—Permissions and Restrictions
Danceador hereby grants you permission to access and use the as set forth in these Terms of Service, provided that:
You agree not to distribute in any Content without Danceador’s prior written authorization, unless Danceador makes such distribution through functionality offered by the site.
You agree not to alter or modify any part of the site.
You agree not to access Content through any technology or means other than the video playback pages, the Embeddable Player, or other explicitly authorized means Danceador may designate.
You agree not to use the for any of the following commercial uses unless you obtain Danceador’s prior :
● the sale of access to the site;
● the sale of advertising, sponsorships, or promotions placed on or within the site or Content; or
● the sale of advertising, sponsorships, or promotions on any page of another site
ad-enabled blog or website containing Content delivered via the site, unless other material not obtained from Danceador appears on the same page and is of sufficient value to be the basis for such sales.
Prohibited commercial uses do not include:
● uploading an original video to Danceador, or maintaining links on your submission form to promote your business or artistic enterprise;
● any use that Danceador expressly authorizes in writing.
You agree not to use or launch any automated system, including without limitation,“robots,” “spiders,” or “offline readers,” that accesses the Service in a manner that sends more request messages to the Danceador servers in a given period of time thana human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Danceador grants the operators of public search engines permission to use spiders to copy materials from the site for the solepurpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Danceador reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including accountnames, from the Service, nor to use the communication systems provided by the Service (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their Content.
In your use of the site, you will comply with all applicable laws.
Danceador reserves the right to discontinue any aspect of the site at any time.
5. Your Use of Content
In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of Content.
The Content on the site, and the trademarks, service marks and logos (“Marks”)on the Service, owned by or licensed to Danceador, subject to copyright and other intellectual property rights under the law.
Content is provided to you AS IS. You may access Content for your information and personal use solely as intended through the provided functionality of the Service and as permitted under these Terms of Service. You shall not download any Content unless you see a “download” or similar link displayed by Danceador for that Content. You shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content for any other purposes without the prior written consent of Danceador or the respective licensors of the Content. Danceador and its licensors reserve all rights not expressly granted in and to the Service and the Content.
You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Contentor enforce limitations on use of the or the Content therein.
D. You understand that when using the site, you will be exposed to Content from a variety of sources, and that Danceador is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Danceador with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Danceador, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Service.
6. Your Content and Conduct
As a YouTube account holder you may submit Content to the site, including videos and user comments. You understand that Danceador does not guarantee confidentiality with respect to any Content you submit.
You shall be solely responsible for your own Content and the consequences of submitting and publishing your Content on the site. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to publish Content you submit; and you license to Danceador all patent, trademark, trade secret, copyright or other proprietary rights in and to such Content for publicationon the pursuant to these Terms of Service.
For clarity, you retain all of your ownership rights in your Content. However, by submitting Content to Danceador, you hereby grant Danceador a worldwide, non-exclusive, royalty-free, sublicenseable, transferable license to use, reproduce, distribute, prepare derivative works , display, and perform the Content in connection with Danceador’s (and its successors’ and affiliates’) business, including without limitationpromoting and redistributing part or (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the to access your Content through the site, and to use, reproduce, distribute, display and perform such Content as permitted through the functionality of the and under these Terms of Service. The above license granted by you Content you submit to the terminate within a commercially reasonable time after you remove or deleteyour from the site. You understand and agree, however, that Danceador may retain, but not display, distribute, or perform, copies of your that havebeen removed or deleted. The above licenses granted by you in user comments you submit are perpetual and irrevocable.
You further agree that Content you submit to the will not contain third party copyrighted material, or material that is subject to other third party proprietary rights,unless you have permission from the rightful owner of the material or you are otherwiselegally entitled to post the material and to grant Danceador all of the license rights granted herein.
You further agree that you will not submit to the site any Content or other material that is contrary to the Danceador Community Guidelines, which may be updated from time to time, or contrary to applicable local, national, and international laws and regulations.
Danceador does not endorse any Content submitted to the by any user orother licensor, or any opinion, recommendation, or advice expressed therein, and Danceador expressly disclaims any and all liability in connection with Content. Danceador does not permit copyright infringing activities and infringement of intellectual property rights on the , and Danceador will remove all Content if properly notified that such Content infringes on another’s intellectual property rights. Danceador reserves the right to remove Content without prior notice.
7. Content Termination Policy
Danceador will terminate a user’s access to the if, under appropriate circumstances, the user is determined to be a repeat infringer.
Danceador reserves the right to whether Content violates these Terms of Service for reason, such as, but not limited to, pornography, obscenity, or excessive length. Danceador may at any time, without prior notice and in its sole discretion, remove such Content and/or terminate a user’s submission Content/ information for submitting such material in violation of these Terms of Service.
8. Digital Millennium Copyright Act
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
● A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
● Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
● Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
● Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
● A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. You may direct copyright infringement notifications to firstname.lastname@example.org. You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
Counter-Notice. If you believe that your Content that was removed (or to whichaccess was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information:
Your physical or electronic signature;
Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Missoula, Montana, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by Danceador, Danceador may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Danceador’s sole discretion.
9. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, DANCEADOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. DANCEADOR MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOUTUBE DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND DANCEADOR WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
10. Limitation of Liability
IN NO EVENT SHALL DANCEADOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOUTUBE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
This is controlled and offered by Danceador from its facilities in the United States of America. Danceador makes no representations that the is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Danceador, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive the Terms of Service and your use of the site.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Danceador without restriction.
You agree that: (i) the shall be deemed solely based in Montana; and (ii) the Service shall be deemed a passive website that does not give rise to personal jurisdiction over Danceador, either specific or general, in jurisdictions other than Montana. These Terms of Service shall be governed by the internal substantive laws ofthe State of Montana, without respect to its conflict of laws principles. Any claim or dispute between you and Danceador that arises in whole or in part from the shall be decided exclusively by a court of competent jurisdiction located in Missoula County, Montana. The Terms of Service, together with the Privacy Notice and any other legal notices published by Danceador on the site, shall constitute the entire agreement between you and Danceador concerning the site. If any provision of the Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Service, which shall remain in full force and effect. No waiver of anyterm of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Danceador’s failure to assert any right or provision under the Terms of Service shall not constitute a waiver of such right or provision. Danceador reserves the right to amend the Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms.
These requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Notify Danceador of alleged copyright infringement via email@example.com.
Danceador Privacy Guidelines
Please review the following for information on dealing with your privacy issue. Privacy guidelines apply to all users. While it may not violate privacy laws, it may still violate Danceador’s privacy guidelines.
For content to be considered for removal, an individual must be uniquely identifiable by image, voice, full name, Social Security number, bank account number or contact information (e.g. home address, email address). Examples that would not violate our privacy guidelines include gamer tags, avatar names, and address information in which the individual is not named. We also take public interest, newsworthiness, and consent into account when determining if content should be removed for a privacy violation. Danceador reserves the right to make the final determination of whether a violation of its privacy guidelines has occurred.
To be considered uniquely identifiable, there must be enough information in the video that allows others to recognize you. Please note that just because you can identify yourself within the video, it does not mean you are uniquely identifiable to others. A first name without additional context or a fleeting image, for example, would not likely qualify as uniquely identifiable.
If a privacy complaint is filed, Danceador will remove the Content and provide the uploader an opportunity to edit the private information within their video. We issue notification of the potential violation and provide the uploader 48 hours to take action on the complaint. If the uploader complies with the video during these 48 hours, the complaint filed will be closed. If the potential privacy violation remains on the site after 48 hours, the Danceador Team will then review the complaint.
Our Privacy Complaint Process also accounts for cases that warrant urgent removal of contact or financial data.
Reporting a privacy violation:
To file a privacy complaint, start the Privacy Complaint Process. As the complainant, your privacy is respected in this process. At no point will your identity or contact information be released to the uploader without your consent. Our communications to you about this process will be sent to your registered email address. Add “Privacy Violation” to your message heading and to your spam filter to ensure you receive these messages.
First-party claims required
We do not accept claims on behalf of third parties except in the following situations:
A. the individual whose privacy is being violated does not have access to a computer
B. the individual whose privacy is being violated is a vulnerable individual
C. you are the parent or legal guardian of the individual whose privacy is being violated. you act as a legal representative for the individual whose privacy is being violated. We will not accept privacy complaints filed on behalf of:
A. other family members (e.g., husband, wife, cousin, brother, sister)
B. co-workers or employees (individuals must report themselves)
C. a company
Tips on filing a complete privacy complaint
Please be clear and concise so that the Danceador Team can identify you within the video.
Use the time stamp to indicate only one or two places where you clearly appear in the video.
In the description area, please specify what you are wearing or doing that differentiates you from others within the video.
Make sure you’ve included the video URL in your report. You are not required to submit a URL if you are reporting an entire channel.
If you are reporting a comment made in the comments section of a video, please note this in the description area. Include the commenter’s username in the username field.
Receiving notice of a privacy violation
Danceador provides you, the uploader, an opportunity to remove or edit the private information within your video. We email you about the potential violation and allow you 48 hours to take action on the complaint. If you remove the alleged violation from the site within the 48 hours, the complaint filed will then be closed. If the potential privacy violation remains on the site after 48 hours, the complaint will be reviewed by the Danceador Team.
If we remove your video for a privacy violation, please do not upload another version featuring the same people. These individuals will likely file another privacy complaint or report you for harassment. We are serious about protecting our users and suspend accounts that violate people’s privacy.
Unfortunately we cannot accept or review agreements granting consent before the video was uploaded. Thus, we may still have to remove your video based upon the complaint.
A. You can remove the reported content completely from the site.
B. If someone’s full name or other personal information is listed within the title, description, or tags of your video, you can edit this and re-submit.
C. Because they can be turned off at any time, annotations are not considered an appropriate method of editing.
Making a video private is also not an acceptable solution, as the uploader can change the status from private to public at any time.
Danceador Community Guidelines
We want Danceador to continue to be an authentic and safe place for inspiration and expression. Help us foster this community. Post only your own photos and videos and always follow the law. Respect everyone on Danceador, don’t spam people or post nudity.
Danceador is a reflection of our diverse community of cultures, ages, and beliefs.
A. Share only photos and videos that you’ve taken or have the right to share. As always, you own the content you post on Instagram. Remember to post authentic content, and don’t post anything you’ve copied or collected from the Internet that you don’t have the right to post.
B. Post photos and videos that are appropriate for a diverse audience. We know that there are times when people might want to share nude images that are artistic or creative in nature, but for a variety of reasons, we don’t allow nudity on Danceador. This includes photos, videos, and some digitally-created content that show sexual intercourse, genitals, and close-ups of fully-nude buttocks. It also includes some photos of female nipples, but photos of post-mastectomy scarring and women actively breastfeeding are allowed. Nudity in photos of paintings and sculptures is OK, too. People like to share photos or videos of their children. For safety reasons, there are times when we may remove images that show nude or partially-nude children. Even when this content is shared with good intentions, it could be used by others in unanticipated ways.
C. Foster meaningful and genuine interactions. Help us stay spam-free by not artificially promoting or repeatedly contacting people for commercial purposes without their consent.
D. Follow the law. Danceador is not a place to support or praise terrorism, organized crime, or hate groups. Offering sexual services, buying or selling firearms and illegal or prescription drugs (even if it’s legal in your region) is also not allowed. Remember to always follow the law when offering to sell or buy other regulated goods. Content promoting online gambling, online real money games of skill or online lotteries must get our prior written permission before using any of our products. We have zero tolerance when it comes to sharing sexual content involving minors or threatening to post intimate images of others.
E. Respect other members of the Danceador community to foster a positive, diverse community. We remove content that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, personal information meant to blackmail or harass someone, and repeated unwanted messages. We do generally allow stronger conversation around people who are featured in the news or have a large public audience due to their profession or chosen activities. It’s never OK to encourage violence or attack anyone based on their race, ethnicity, national origin, sex, gender, gender identity, sexual orientation, religious affiliation, disabilities, or diseases. When hate speech is being shared to challenge it or to raise awareness, we may allow it. In those instances, we ask that you express your intent clearly. Serious threats of harm to public and personal safety aren’t allowed. This includes specific threats of physical harm as well as threats of theft, vandalism, and other financial harm. We carefully review reports of threats and consider many things when determining whether a threat is credible.
F. Maintain our supportive environment by not glorifying self-injury. The Danceador community cares for each other, and is may be a place where people facing difficult issues such as eating disorders, cutting, or other kinds of self-injury come together to create awareness or find support. We may also remove content identifying victims or survivors of self-injury if the content targets them for attack or humor.
G. Be thoughtful when posting newsworthy events. We understand that many people use Danceador to share important and newsworthy events. Some of these issues can involve graphic images. Because so many different people and age groups may use Danceador, we may remove videos of intense, graphic violence to make sure Danceador stays appropriate for everyone. We understand that people often share this kind of content to condemn, raise awareness or educate. If you do share content for these reasons, we encourage you to caption your photo with a warning about graphic violence. Sharing graphic images for sadistic pleasure or to glorify violence is never allowed.
Help us keep the community strong:
A. Each of us is an important part of the Danceador community. If you see something that you think may violate our guidelines, please help us by using our “Contact Us” Form or emailing firstname.lastname@example.org. We will work as quickly as possible to remove content that doesn’t meet our guidelines. Even if you or someone you know doesn’t submit Content to Danceador, you can still file a report. When you complete the report, try to provide as much information as possible, such as links, usernames, and descriptions of the content, so we can find and review it quickly. We may remove entire posts if either the imagery or associated captions violate our guidelines.
B. You may find content you don’t like, but doesn’t violate the Community Guidelines. If that happens, you can avoid the page of the person who posted it.
C. Many disputes and misunderstandings can be resolved directly between members of the community. Don’t target the person who posted it by posting screenshots and drawing attention to the situation because that may be classified as harassment. We may work with law enforcement, including when we believe that there’s risk of physical harm or threat to public safety.