Terms and Conditions
Effective 12/27/2009

Welcome to the Conquistadors Performing Arts Association website (www.conquistadorswinterguard.org). The following are the rules or "Terms" that govern use of the Conquistadors Performing Arts Association Web site ("Site"). By using or visiting the Site, you expressly agree to be bound by these Terms and to follow these Terms and all applicable laws and regulations governing the Site. The Conquistadors Performing Arts Association reserves the right to change these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates to the Terms of Use on this page. If you violate these Terms, the Conquistadors may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

Age Requirement

Access to this website is void where prohibited. This Site is intended solely for users who are eleven (11) years of age or older. Any use of or access to the Site by anyone under 11, is unauthorized, unlicensed and in violation of these Terms of Conditions. By using this Site, you represent and warrant that you are 11 or older, and that you agree to and to abide by all of the terms and conditions of this Agreement.

No Deep Linking

You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase merchandise for your personal use, unless otherwise specifically authorized by the Conquistadors to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by the Conquistadors to do so. The content and software on this Site is the property of the Conquistadors Performing Arts Association and/or its suppliers and is protected by U.S. and international copyright laws. We post a legal notice and various credits on pages of the Site, which may not be removed. Please do not remove this notice or these credits, or any additional information contained along with the notices and credits.

User Contributions to the Site

There may be opportunities for you to contribute to the Site. These may include, among others, uploading your user profile, participating in chats, using our discussion forum, etc. which collectively, we call "Content". The Conquistadors Performing Arts Association is not liable or responsible for any Content provided by its users or other third parties to the Site ("User Content"). The contributions of third parties do not necessarily represent the view or opinions of the Conquistadors. The Conquistadors cannot preview User Content before it appears. Users can be held liable for any illegal or prohibited User Content they provide to the Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify the webmaster. We will investigate your claim and may then take the actions deemed appropriate.

Links and Search Results

The Site may automatically produce search results that reference or link to third party sites throughout the World Wide Web. The Conquistadors Performing Arts Association has no control over these sites or the content within them. The Conquistadors cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. The Conquistadors do not endorse the content of any third party site, nor do we warrant that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against the Conquistadors for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, please notify the webmaster, and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Content/Activity Prohibited

The following are examples of the kind of Content that is illegal or prohibited to post on or through the Site. The Conquistadors Performing Arts Association reserves the right to investigate and take appropriate legal action against anyone who, in the Conquistadors’ sole discretion, violates this provision, including without limitation, removing the offending Content from the Site and terminating the Membership of such violators. Prohibited Content includes, but is not limited to; Content that, in the sole discretion of the Conquistadors Performing Arts Association:

• is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• exploits people in a sexual or violent manner; contains nudity, excessive violence, or offensive subject matter or contains a link to an adult website;
• solicits personal information from anyone under 18;
• publicly posts information that poses or creates a privacy or security risk to any person;
• constitutes or promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• constitutes or promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
• involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
• contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
• furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
• involves commercial activities and/or sales without prior written consent from the Conquistadors such as contests, sweepstakes, barter, advertising, or pyramid schemes;
• includes a photograph or video of another person that you have posted without that person's consent;
• for band, comedy, filmmaker and other profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile; or
• violates the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person.

The following are examples of the kind of activity that is illegal or prohibited on the Site. The Conquistadors Performing Arts Association reserves the right to investigate and take appropriate legal action against anyone who, in the Conquistadors' sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

• criminal or tortuous activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• advertising to, or solicitation of, any Member to buy or sell any products or services through the unauthorized or impermissible use of the Site. You may not transmit any chain letters or junk email to other Members. In order to protect our Members from such advertising or solicitation, the Conquistadors Performing Arts Association reserves the right to restrict the number of emails which a Member may send to other Members in any 24-hour period. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized commercial communications of any kind through the Site, you acknowledge that you will have caused substantial harm to the Conquistadors, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay the Conquistadors $50 for each such unsolicited email or other unauthorized commercial communication you send through the Site;
• circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Site;
• activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
• any automated use of the system, such as, but not limited to, using scripts to send comments or messages;
• interfering with, disrupting, or creating an undue burden on the Site or the networks or services connected to the Site;
• impersonating or attempting to impersonate another Member, person or entity;
• using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
• using any information obtained from the Site in order to harass, abuse, or harm another person or entity, or attempting to do the same;
• displaying an unauthorized commercial advertisement on your profile, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity through the unauthorized or impermissible use of the Site on behalf of that person, such as placing commercial content on your profile, posting blogs or bulletins with a commercial purpose, selecting a profile with a commercial purpose, sending private messages with a commercial purpose;
• or using the Site in a manner inconsistent with any and all applicable laws and regulations.

Offline Conduct

Although the Conquistadors cannot monitor the conduct of its Users off the Site, it is also a violation of these rules to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any User without their prior explicit consent.

No Commercial Use

The discussion forum, chat and other areas of this Site may not be used by our visitors for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind, with the exception of those areas specified for such transactions. You must obtain our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Access and Interference

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained thereon or for any other unauthorized purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the web site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own person, non-commercial use) from our website without the prior expressed written permission of the Conquistadors Performing Arts Association, Inc.

Unauthorized Use of the Site

Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated devise on the site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.

Violation of the Terms

You understand and agree that, in the Conquistadors' sole discretion, and without prior notice, the Conquistadors may terminate your access to the Site or exercise any other remedy available and remove any unauthorized User Content, if the Conquistadors Performing Arts Association believes that the User Content you provided has violated or is inconsistent with these Terms of Use or violated the rights of the Conquistadors, another User or the law. You agree that monetary damages may not provide a sufficient remedy to the Conquistadors for violations of these terms and conditions and you consent to injunctive or other equitable relief for such violations. The Conquistadors may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address an unlawful or harmful activity. The Conquistadors Performing Arts Association is not required to provide any refund to you if you are terminated as a User because you have violated these Terms of Use.

Privacy

For additional information regarding The Conquistadors Performing Arts Association's use of information collected in connection with this Site, please refer to the Privacy Policy, a copy of which is available at Privacy Policy, and which is expressly made part of this Agreement.

Copyright Policy

We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license express consent, valid defense or fair use exemption to do so. In particular, users who submit Content to this Site, whether articles, images, stories, software or other copyrightable material must ensure that the Content they upload does not infringe the copyrights or other rights of third parties (such as privacy or publicity rights). After proper notification by the copyright holder or it agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing users' rights to use and/or access this Site. We may, also in our sole discretion, decide to terminate a user's rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.

Disclaimers

The Conquistadors Performing Arts Association does not promise that the Site will be error-free, uninterrupted, nor that it will provide specific results from use of the Site or any Content, search or link on it. The Site and its Content are delivered on an "as-is" and "as-available" basis. The Conquistadors cannot ensure that files you download from the Site will be free of viruses or contamination or destructive features. The Conquistadors Performing Arts Association disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. The Conquistadors will not be liable for any damages of any kind arising from the use of this Site, including without limitation, direct, indirect, incidental, and punitive and consequential damages. The Conquistadors make no guarantee of any specific result from use of this Site. The Conquistadors disclaim any and all liability for the acts, omissions and conduct of any third party users, the Site users, advertisers and/or sponsors on the Site, in connection with the Conquistadors services or otherwise related to your use of the Site and/or the Conquistadors services. The Conquistadors Performing Arts Association is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to the Conquistadors by emailing the responsible party. The Conquistadors may investigate the claim and take appropriate action, in its sole discretion.

Limitation on Liability

Except in jurisdictions where such provisions are restricted, in no event will the Conquistadors Performing Arts Association be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if the Conquistadors Performing Arts Association has been advised of the possibility of such damages.

Disputes

If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts of the State of New York, City of Binghamton.

Indemnity

You agree to indemnify and hold harmless the Conquistadors Performing Arts Association, and it’s agents, employees, representatives, licensors, affiliates, officers from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site.

Remedies

You agree that any unauthorized use of the Site, or any related software or materials would result in irreparable injury to the Conquistadors and/or its affiliates for which money damages would be inadequate, and in such event the Conquistadors and/or its affiliates, as applicable, shall have the right, in addition to other remedies available at law and in equity, to immediate injunctive relief against you. Nothing contained in this Agreement shall be construed to limit remedies available pursuant to statutory or other claims that the Conquistadors and/or its affiliates may have under separate legal authority.

Termination

The Conquistadors Performing Arts Association, Inc. may in its sole discretion terminate this Agreement or suspend your account at any time without notice to you in the event that you breach (or the Conquistadors reasonably suspect that you have breached) any provision of this Agreement. If the Conquistadors terminate this Agreement, or suspend your account for any of the reasons set forth in this paragraph, it shall have no liability or responsibility to you and the Conquistadors will not refund any amounts that you have previously paid. You understand and agree that your cancellation of your account and membership is your sole right and remedy with respect to any dispute with the Conquistadors Performing Arts Association.

LAW AND LEGAL NOTICES

This Agreement and any other terms or documents referred to herein represent your entire agreement with the Conquistadors Performing Arts Association with respect to your use of this Site. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The laws of the State of New York, excluding its conflicts of law rules, govern this Agreement and your use of this Site. You expressly agree that the courts in the State of New York have exclusive jurisdiction over any claim or dispute with the Conquistadors Performing Arts Association or relating in any way to your account or your use of the Site. You further agree and expressly consent to personal jurisdiction over yourself in the federal and state courts in connection with any such dispute including any claim involving the Conquistadors or its partners, parents, affiliates, employees, contractors, officers, directors or suppliers.