Terms and Conditions

Last update: 2019-09-03

Business/Website/Technology Owner:

FREMONT YOUTH SYMPHONY ORCHESTRA
3375 Country Drive
Fremont, CA, 94536
youth@fremontsymphony.org

Thank you for visiting our website. Please take the time to read and understand our site's Terms and Conditions and our Privacy Policy. The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user.

The terms “I”, “we”, “us” and “our” (or any variation) refers to the aforementioned business, technology and website you are visiting listed.

The terms “user,” “you”, “your” and “yours” (or any variation) refers to visitors, customers and any other users of the site and/or technology affiliated with the above person, group, business or organization.

By using this website, you agree to be bound by these Terms and Conditions.  Therefore, if you do not agree to these Terms and Conditions or any other Business policies, do not use this website.

CONTACT

This website is owned and managed by us. Contact information can be found on our Contact Page.

CONTENT

This website contains information including, without limitation, reports, data, applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, copyrights, other intellectual property and proprietary rights and other material (collectively "Content") belonging to us, its affiliates or to third parties who may from time to time associate themselves with us for the presentation of events, performances or for any other activities.

More specifically, logos and other graphics used by us with the consent of the groups, merchants and others affiliated with us.

You acknowledge that the Content belongs exclusively to its respective owner. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content without the express authorization of each respective owner.

By using this website, you acknowledge and agree that all Content may be protected by copyright, trademark and other intellectual property and proprietary rights in effect in the United States and elsewhere, and that these rights are valid and protected in all forms, mediums and technologies that exist now or are developed or created in the future. No right, title or interest in any Content on this website, including, but not limited to, logos and other marks, is transferred to you as a result of your use of this website and we reserve complete title and full intellectual property rights in and to such content.

Our website features hyperlinks to other websites. We are not responsible for the content of these websites. A hyperlink from our website to another does not mean or imply that we approve of or recommend the content of a website which does not belong to us.

USER OBLIGATIONS

To use this site, you must have reached the legal majority as prescribed by local laws where you are visiting the website.

You may use our information downloading or copying from this site, provided that you:

·         Do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;

·         Use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and

·         Do not make any representations or warranties relating to such information.

When you sign up for one of the website's services, you must:

·         Provide true, correct, up-to-date and complete information about yourself;

·         Regularly maintain and update your registration data in order to keep it true, accurate, up-to-date and complete.

By visiting this website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to us.

Any illegal or unauthorized use of our website shall constitute a violation of our Terms and Conditions.

You do not have permission to access our website in any way that violates these Terms and Conditions, the laws or regulations of the United States or the country from which you are visiting the website.

Illegal or unauthorized use of our website includes, but is not limited to: (i) using the website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part; or (ii) using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this website or any network connected to the website or reproduce or circumvent the navigational structure or presentation of the website or any Content.

REVIEW AND COMMENTS SECTION

Any review and comments section is open to everyone and with moderator, is dedicated to our activities. By using the Public Forum, you agree to post only appropriate, concise, polite messages that correspond to the Public Forum's theme and agree not to use obscene, profane or threatening language in any message posted on the Public Forum.

You agree not to submit any content that violates any copyright, intellectual property or privacy rights of any third party, nor any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, illegal (under Canadian, U.S. or foreign law) or otherwise objectionable. It is also prohibited to submit any executable files or any computer codes or programs to or through the forum or the website.

Any content you submit is for non-commercial use only.  Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.

Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to us shall be and remain as our exclusive property. Your submission of any such Comments shall constitute an assignment to us. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork.

You are solely responsible for the content of any message you post on the Public Forum and we assume no liability for any content you submit.  We may, but are not legally obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other guests to this website or any third party. We reserve the right to purge the content you provide.

DISCLAIMERS OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

·         YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT.

·         WITHOUT LIMITING THE FOREGOING, WE DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.

·         ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DOWNLOADED OR OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OR OBTAINING OF ANY SUCH MATERIAL. YOU (AND NOT US OR ANY OF OUR AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, OR THIRD PARTIES WITH WHOM WE ASSOCIATE FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

·         WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE WEBSITE OR THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM WE ASSOCIATE OURSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.

IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES.  IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM WE ASSOCIATE OURSELF FROM TIME TO TIME) UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (US $50). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE OUR WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.

INDEMNIFICATION

You are responsible for your postings on this website, the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this website or if somebody else uses your name or your password to cause damage to this website or harm to us, you will be held responsible. Do not reveal your password to anyone.

In addition, you agree to indemnify us and hold us harmless, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of us and any third parties with whom we associate with from time to time, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from the use of this website.

SUSPECTED VIOLATION

Violation of these Terms and Conditions and of any other of our policies or agreements, including unauthorized use of our website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that we may, at our sole discretion and without prior notice, terminate your access to the our website or exercise any other remedy it sees fit, if we deem, at its sole and exclusive discretion, your conduct or the conduct of any person whom we believe you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the our rights, our affiliates or any third parties with whom we associate our self from time to time, our client or any other user on our website.

YOUR INTELLECTUAL PROPERTY RIGHTS

We respect the intellectual property rights of others and we ask that you do the same. If you have good reason to believe that your work has been copied or is being used on our website in a manner that violates your intellectual property rights, we request that you inform us by providing the following information:

·         The signature, physical or electronic, of the person authorized to act on behalf of the owner of those rights;

·         A description of the work in relation to which you claim rights have been infringed;

·         The specific location on our website of the item that you claim is infringing your rights;

·         Your address, telephone number and e-mail address;

·         A statement by you that you have good faith reasons to believe that the disputed use is not authorized by the intellectual property rights owner, its agent, or the law; and

·         A statement by you, made under penalty of perjury or false oath (as is appropriate under applicable law), that the above information in your notice is accurate and that you are the intellectual property right owner or authorized to act on the owner's behalf.

To notify us of intellectual property claims, send us your information to the contact information in the top of this policy.

GOVERNING LAW

Any legal conflict between a user and us is subject to the laws of the we live in or do business in and the applicable laws of the United States, without regard to its conflict of law provisions.  Furthermore, you hereby agree to submit to the exclusive jurisdiction of the courts of the State of California, United States in respect of any action or proceeding arising out of or related to this website.

OTHER TERMS

Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision.  If any term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.