TERMS AND CONDITIONS

Last update: 2019-03-17

Thank you for visiting the Fremont Symphony 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.

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 Fremont Symphony policies, do not use this website.

The Internet is evolving, and so is Fremont Symphony. This means that there will be changes to these Terms and Conditions from time to time and to our website. Any modifications to our Terms and Conditions will be included on this page, and your use of the website after modifications have been made constitutes acceptance of the Terms and Conditions as modified.

CONTACT

This website is owned and managed by Fremont Symphony. 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 Fremont Symphony, its affiliates or to third parties who may from time to time associate themselves with Fremont Symphony for the presentation of events, performances or for any other activities.

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

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 Fremont Symphony reserves complete title and full intellectual property rights in and to such Content.

The Fremont Symphony 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 Fremont Symphony.

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 information about Fremont Symphony purposely made available by Fremont Symphony for 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 Fremont Symphony.

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

The review and comments section on certain pages and Fremont Symphony Blog (“Public Forum”) is open to everyone by may be moderated and is dedicated to Fremont Symphony 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 Fremont Symphony shall be and remain the exclusive property of Fremont Symphony. Your submission of any such Comments shall constitute an assignment to Fremont Symphony. Fremont Symphony 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 Fremont Symphony assumes no liability for any content you submit. Fremont Symphony may, but is 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. Fremont Symphony reserves the right to purge the content you provide.

DISCLAIMERS OF WARRANTIES

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

A. 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.

B. WITHOUT LIMITING THE FOREGOING, FREMONT SYMPHONY DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURRATE, 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.

C. 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 FREMONT SYMPHONY OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS, OR THIRD PARTIES WITH WHOM FREMONT SYMPHONY ASSOCIATES ITSELF FROM TIME TO TIME) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

D. WITHOUT LIMITING THE FOREGOING, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FREMONT SYMPHONY 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 FREMONT SYMPHONY OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM FREMONT SYMPHONY ASSOCIATES ITSELF 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 CONDITONS, 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 FREMONT SYMPHONY AGGREGATE LIABILITY (AND THAT OF ITS EMPLOYEES, DIRECTORS, OFFICERS, ADMINISTRATORS, AGENTS, AFFILIATES OR THIRD PARTIES WITH WHOM FREMONT SYMPHONY ASSOCIATES ITSELF 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 FREMONT SYMPHONY 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 Fremont Symphony, you will be held responsible. Do not reveal your password to anyone.

In addition, you agree to indemnify and hold harmless Fremont Symphony, its affiliates and other related entities, directors, officers, administrators, managers, employees, representatives and all other persons acting on behalf of Fremont Symphony and any third parties with whom Fremont Symphony associates itself 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 Fremont Symphony policies or agreement, including unauthorized use of the Fremont Symphony website, may be investigated and suitable legal actions may be taken, including, without limitation, civil, criminal and injunctive remedy. You understand and agree that Fremont Symphony may, at its sole discretion and without prior notice, terminate your access to the Fremont Symphony website or exercise any other remedy it sees fit, if Fremont Symphony deems, at its sole and exclusive discretion, your conduct or the conduct of any person whom Fremont Symphony believes you act in concert with, violates or is in breach with these Terms and Conditions or the law, or violates the rights of Fremont Symphony, its affiliates or any third parties with whom Fremont Symphony associates itself from time to time, a client of Fremont Symphony or any other user on our website.

YOUR INTELLECTUAL PROPERTY RIGHTS

Fremont Symphony respects 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 Fremont Symphony 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 Fremont Symphony of intellectual property claims, send information to the physical address or email address located on our Contact Page.

GOVERNING LAW

Programs, subscriptions or any other special groupings made available to Fremont Symphony supporters and the Fremont Symphony Internet website is operated from Fremont, CA, United States or from time to time adjacent cities. Any legal conflict between a user and Fremont Symphony is therefore subject to the laws of the State of California 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

These Terms and Conditions, including the Privacy Policy, constitute the entire agreement between you and Fremont Symphony with respect to your use of the website. These Terms and Conditions replace all previous agreements between you and Fremont Symphony. Do note that you may also be subject to additional terms and conditions when using certain services provided by Fremont Symphony or third parties such as the Purchase Policy.

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.

All requests for information about our Terms and Conditions may be sent to us through the information found on our Contact page.