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.
