TERMS OF USE 
    CHORAL ARTISTS OF CARMEL  
  
 


 

   

 Version
Date: August 11, 2019 

 TERMS OF USE
AGREEMENT 

   

 This Terms of Use Agreement (“Agreement”) constitutes a legally binding
agreement made between you, whether personally or on behalf of an entity
(“user” or “you”) and Choral Artists of Carmel and its affiliated
companies (collectively, “Company” or “we” or “us” or “our”), concerning your
access to and use of the choralartistsofcarmel.org website as well as any other
media form, media channel, mobile website or mobile application related or
connected thereto (collectively, the “Website”). The Website provides the
following service: Concert promotion (“Company Services”). Supplemental terms
and conditions or documents that may be posted on the Website from time to
time, are hereby expressly incorporated into this Agreement by reference.  

   

 Company makes no representation that the Website is appropriate or
available in other locations other than where it is operated by Company. The
information provided on the Website is not intended for distribution to or use
by any person or entity in any jurisdiction or country where such distribution
or use would be contrary to law or regulation or which would subject Company to
any registration requirement within such jurisdiction or country. Accordingly,
those persons who choose to access the Website from other locations do so on
their own initiative and are solely responsible for compliance with local laws,
if and to the extent local laws are applicable.   

   

 All users who are minors in the jurisdiction in which they reside
(generally under the age of 18) must have the permission of, and be directly
supervised by, their parent or guardian to use the Website. If you are a minor,
you must have your parent or guardian read and agree to this Agreement prior to
you using the Website. Persons under the age of 13 are not permitted to register
for the Website or use the Company Services.  

   

 YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH
ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY
CONTINUING TO USE THE WEBSITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT,
OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO
NOT USE OR ACCESS OR CONTINUE TO USE OR ACCESS THE COMPANY SERVICES OR THE
WEBSITE.     

   

 SUBMISSIONS 

   

 You acknowledge and agree that any questions, comments, suggestions,
ideas, feedback or other information about the Website or the Company Services
("Submissions") provided by you to Company are non-confidential and
Company (as well as any designee of Company) shall be entitled to the
unrestricted use and dissemination of these Submissions for any purpose,
commercial or otherwise, without acknowledgment or compensation to you. 

   

 PROHIBITED ACTIVITIES 

   

 You may not access or use the Website for any other purpose other than
that for which Company makes it available. The Website may not be used in
connection with any commercial endeavors except those that are specifically
endorsed or approved by Company. Prohibited activity includes, but is not
limited to:   

   

 A. attempting to bypass any measures of the
Website designed to prevent or restrict access to the Website, or any portion
of the Website  

 B. attempting to impersonate another user or
person or using the username of another user  

 C. criminal or tortious activity  

 D. deciphering, decompiling, disassembling or
reverse engineering any of the software comprising or in any way making up a
part of the Website  

 E. deleting the copyright or other proprietary
rights notice from any Website content  

 F. engaging in any automated use of the system,
such as using any data mining, robots or similar data gathering and extraction
tools  

 G. except as may be the result of standard
search engine or Internet browser usage, using or launching, developing or
distributing any automated system, including, without limitation, any spider, robot
(or "bot"), cheat utility, scraper or offline reader that accesses
the Website, or using or launching any unauthorized script or other
software  

 H. harassing, annoying, intimidating or
threatening any Company employees or agents engaged in providing any portion of
the Company Services to you  

 I. interfering with, disrupting, or creating an
undue burden on the Website or the networks or services connected to the
Website  

 J. making any unauthorized use of the Company
Services, including collecting usernames and/or email addresses of users by
electronic or other means for the purpose of sending unsolicited email, or
creating user accounts by automated means or under false pretenses  

 K. selling or otherwise transferring your
profile  

 L. systematic retrieval of data or other content
from the Website to create or compile, directly or indirectly, a collection,
compilation, database or directory without written permission from Company  

 M. tricking, defrauding or misleading Company
and other users, especially in any attempt to learn sensitive account
information such as passwords  

 N. using any information obtained from the
Website in order to harass, abuse, or harm another person  

 O. using the Company Services as part of any
effort to compete with Company or to provide services as a service bureau  

 P. using the Website in a manner inconsistent
with any and all applicable laws and regulations  

   

 INTELLECTUAL PROPERTY RIGHTS 

   

 The content on the Website (“Company Content”) and the trademarks,
service marks and logos contained therein (“Marks”) are owned by or licensed to
Company, and are subject to copyright and other
intellectual property rights under United States and foreign laws and
international conventions. Company Content, includes,
without limitation, all source code, databases, functionality, software,
website designs, audio, video, text, photographs and graphics. All Company
graphics, logos, designs, page headers, button icons, scripts and service names
are registered trademarks, common law trademarks or trade dress of Company in
the United States and/or other countries. Company's trademarks and trade dress
may not be used, including as part of trademarks and/or as part of domain
names, in connection with any product or service in any manner that is likely
to cause confusion and may not be copied, imitated, or used, in whole or in
part, without the prior written permission of the Company.  

   

 Company Content on the Website is provided to you “AS IS” for your
information and personal use only and may not be used, copied, reproduced,
aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or
otherwise exploited for any other purposes whatsoever without the prior written
consent of the respective owners. Provided that you are eligible to use the
Website, you are granted a limited license to access and use the Website and
the Company Content and to download or print a copy of any portion of the
Company Content to which you have properly gained access solely for your
personal, non-commercial use. Company reserves all rights not expressly granted
to you in and to the Website and Company Content and Marks.  

   

 THIRD
PARTY WEBSITES AND CONTENT 

   

 The Website contains (or you may be sent through the Website or the
Company Services) links to other websites ("Third Party Websites") as
well as articles, photographs, text, graphics, pictures, designs, music, sound,
video, information, applications, software and other content or items belonging
to or originating from third parties (the "Third Party Content").
Such Third Party Websites and Third Party Content are not investigated,
monitored or checked for accuracy, appropriateness, or completeness by us, and
we are not responsible for any Third Party Websites accessed through the
Website or any Third Party Content posted on, available through or installed
from the Website, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices or other policies of or contained in the Third
Party Websites or the Third Party Content. Inclusion of, linking to or
permitting the use or installation of any Third Party
Website or any Third Party Content does not imply approval or endorsement
thereof by us. If you decide to leave the Website and access the Third Party Websites or to use or install any Third Party
Content, you do so at your own risk and you should be aware that our terms and
policies no longer govern. You should review the applicable terms and policies,
including privacy and data gathering practices, of any website to which you
navigate from the Website or relating to any applications you use or install
from the Website. Any purchases you make through Third Party Websites will be
through other websites and from other companies, and Company takes no
responsibility whatsoever in relation to such purchases which are exclusively
between you and the applicable third party. 

   

 SITE MANAGEMENT 

   

 Company reserves the right but does not have the obligation to: 

   

 A. monitor the Website for violations of this
Agreement; 

 B. take appropriate legal action against anyone
who, in Company’s sole discretion, violates this Agreement, including without
limitation, reporting such user to law enforcement authorities; 

 C. in Company’s sole discretion and without
limitation, refuse, restrict access to or availability of, or disable (to the
extent technologically feasible) any user’s contribution or any portion thereof
that may violate this Agreement or any Company policy; 

 D. in Company’s sole discretion and without
limitation, notice or liability to remove from the Website or otherwise disable
all files and content that are excessive in size or are in any way burdensome
to Company’s systems; 

 E. otherwise manage the Website in a manner
designed to protect the rights and property of Company and others and to
facilitate the proper functioning of the Website.   

   

 PRIVACY POLICY 

   

 We care about the privacy of our users. Please review the Company
Privacy Policy. By using the Website or Company Services, you are consenting to
have your personal data transferred to and processed in the United States. By
using the Website or the Company Services, you are consenting to the terms of
our Privacy Policy.  

   

 TERM AND TERMINATION 

   

 This Agreement shall remain in full force and effect while you use the
Website or are otherwise a user or member of the Website, as applicable. You
may terminate your use or participation at any time, for any reason, by
following the instructions for terminating user accounts in your account
settings, if available, or by contacting us using the contact information
below.  

   

 WITHOUT LIMITING ANY OTHER PROVISION OF THIS AGREEMENT, COMPANY RESERVES
THE RIGHT TO, IN COMPANY’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY,
DENY ACCESS TO AND USE OF THE WEBSITE AND THE COMPANY SERVICES, TO ANY PERSON
FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH
OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THIS AGREEMENT, OR OF
ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR
PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND
ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED AT ANY TIME, WITHOUT WARNING,
IN COMPANY’S SOLE DISCRETION.  

   

 In order to protect the integrity of the Website and Company Services,
Company reserves the right at any time in its sole discretion to block certain
IP addresses from accessing the Website and Company Services. 

   

 Any provisions of this Agreement that, in order to fulfill the purposes
of such provisions, need to survive the termination or expiration of this
Agreement, shall be deemed to survive for as long as necessary to fulfill such
purposes. 

   

 YOU UNDERSTAND THAT CERTAIN STATES ALLOW YOU TO CANCEL THIS AGREEMENT,
WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME PRIOR TO MIDNIGHT OF COMPANY’S
THIRD BUSINESS DAY FOLLOWING THE DATE OF THIS AGREEMENT, EXCLUDING SUNDAYS AND
HOLIDAYS. TO CANCEL, CALL A COMPANY CUSTOMER CARE REPRESENTATIVE DURING NORMAL
BUSINESS HOURS USING THE CONTACT INFORMATION LISTING BELOW IN THIS AGREEMENT OR
BY ACCESSING YOUR ACCOUNT SETTINGS. THIS SECTION APPLIES ONLY TO INDIVIDUALS
RESIDING IN STATES WITH SUCH LAWS. 

   

 If Company terminates or suspends your account for any reason, you are
prohibited from registering and creating a new account under your name, a fake
or borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, Company reserves the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress. 

   

 MODIFICATIONS 

   

 To Agreement 

   

 Company may modify this Agreement from time to time. Any and all changes
to this Agreement will be posted on the Website and revisions will be indicated
by date. You agree to be bound to any changes to this Agreement when you use
the Company Services after any such modification becomes effective. Company may
also, in its discretion, choose to alert all users with whom it maintains email
information of such modifications by means of an email to their most recently
provided email address. It is therefore important that you regularly review
this Agreement and keep your contact information current in your account
settings to ensure you are informed of changes. You agree that you will
periodically check the Website for updates to this Agreement and you will read
the messages we send you to inform you of any changes. Modifications to this
Agreement shall be effective after posting.  

   

 To Services 

   

 Company reserves the right at any time to modify or discontinue,
temporarily or permanently, the Company Services (or any part thereof) with or without
notice. You agree that Company shall not be liable to you or to any third party
for any modification, suspension or discontinuance of the Company
Services.  

   

 DISPUTES 

   

 Between Users 

   

 If there is a dispute between users of the Website, or between users and
any third party, you understand and agree that Company is under no obligation
to become involved. In the event that you have a dispute with one or more other
users, you hereby release Company, its officers, employees, agents and
successors in rights from claims, demands and damages (actual and
consequential) of every kind or nature, known or unknown, suspected and
unsuspected, disclosed and undisclosed, arising out of or in any way related to
such disputes and/or the Company Services.   

   

 With Company 

   

 A. Governing Law; Jurisdiction. This Agreement and all aspects of the Website and Company Services shall
be governed by and construed in accordance with the internal laws of the State
of California, without regard to conflict of law provisions. With respect to
any disputes or claims not subject to informal dispute resolution or
arbitration (as set forth below), you agree not to commence or prosecute any
action in connection therewith other than in the state and federal courts
located in Monterey County, State of California, and you hereby consent to, and
waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in such
state and federal courts. Application of the United Nations Convention on
Contracts for the International Sale of Goods is excluded from this Agreement.
Additionally, application of the Uniform Computer Information Transaction Act
(UCITA) is excluded from this Agreement. In no event shall any claim,
action or proceeding by you related in any way to the Website or Company
Services be instituted more than two (2) years after the cause of action arose. 

   

 B. Informal Resolution. To expedite resolution and control the cost of any dispute, controversy
or claim related to this Agreement ("Dispute"), you and Company agree
to first attempt to negotiate any Dispute (except those Disputes expressly provided
below) informally for at least thirty (30) days before initiating any
arbitration or court proceeding. Such informal negotiations commence upon
written notice from one person to the other. 

   

 C. Binding Arbitration. If you and Company are unable to resolve a Dispute through informal
negotiations, either you or Company may elect to have the Dispute (except those
Disputes expressly excluded below) finally and exclusively resolved by binding
arbitration. Any election to arbitrate by one party shall be final and binding
on the other. YOU UNDERSTAND THAT ABSENT THIS PROVISION, YOU WOULD HAVE THE
RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced
and conducted under the Commercial Arbitration Rules of the American
Arbitration Association ("AAA") and, where appropriate, the AAA’s
Supplementary Procedures for Consumer Related Disputes ("AAA Consumer
Rules"), both of which are available at the AAA website www.adr.org. The
determination of whether a Dispute is subject to arbitration shall be governed
by the Federal Arbitration Act and determined by a court rather than an
arbitrator. Your arbitration fees and your share of arbitrator compensation
shall be governed by the AAA Consumer Rules and, where appropriate, limited by
the AAA Consumer Rules. If such costs are determined by the arbitrator to be
excessive, Company will pay all arbitration fees and expenses. The arbitration
may be conducted in person, through the submission of documents, by phone or
online. The arbitrator will make a decision in writing, but
need not provide a statement of reasons unless requested by a party. The
arbitrator must follow applicable law, and any award may be challenged if the
arbitrator fails to do so. Except where otherwise required by the applicable
AAA rules or applicable law, the arbitration will take place in Monterey
County, State of California. Except as otherwise provided in this Agreement,
you and Company may litigate in court to compel arbitration, stay proceedings
pending arbitration, or to confirm, modify, vacate or enter judgment on the
award entered by the arbitrator. 

   

 D. Restrictions. You and Company agree that any arbitration shall be limited to the
Dispute between Company and you individually. To the full extent permitted by
law, (1) no arbitration shall be joined with any other; (2) there is no right
or authority for any Dispute to be arbitrated on a class-action basis or to
utilize class action procedures; and (3) there is no right or authority for any
Dispute to be brought in a purported representative capacity on behalf of the
general public or any other persons. 

   

 E. Exceptions to Informal Negotiations and
Arbitration. You and Company agree that the following
Disputes are not subject to the above provisions concerning informal
negotiations and binding arbitration: (1) any Disputes seeking to enforce or
protect, or concerning the validity of any of your or Company’s intellectual
property rights; (2) any Dispute related to, or arising from, allegations of
theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for
injunctive relief. If this Section is found to be illegal or unenforceable then
neither you nor Company will elect to arbitrate any Dispute falling within that
portion of this Section found to be illegal or unenforceable and such Dispute
shall be decided by a court of competent jurisdiction within the courts listed
for jurisdiction above, and you and Company agree to submit to the personal
jurisdiction of that court.   

   

 CORRECTIONS 

   

 Occasionally there may be information on the Website that contains
typographical errors, inaccuracies or omissions that may relate to service
descriptions, pricing, availability, and various other information. Company
reserves the right to correct any errors, inaccuracies or omissions and to
change or update the information at any time, without prior notice.  

   

 DISCLAIMERS 

   

 Company cannot control the nature of all of the
content available on the Website. By operating the Website, Company does not
represent or imply that Company endorses any blogs, contributions or other
content available on or linked to by the Website, including without limitation
content hosted on third party websites or provided by third party applications,
or that Company believes contributions, blogs or other content to be accurate,
useful or non-harmful. We do not control and are not responsible for unlawful
or otherwise objectionable content you may encounter on the Website or in
connection with any contributions. The Company is not responsible for the
conduct, whether online or offline, of any user of the Website or Company
Services. 

   

 YOU AGREE THAT YOUR USE OF THE WEBSITE AND COMPANY SERVICES WILL BE AT
YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS,
DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED,
IN CONNECTION WITH THE WEBSITE AND THE COMPANY SERVICES AND YOUR USE THEREOF,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO
WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE
WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES
NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF
CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE
WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY
UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL
INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION
OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE OR COMPANY SERVICES, (E)
ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR
THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN
ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A
RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE
AVAILABLE VIA THE WEBSITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR
ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A
THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND COMPANY 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.   

   

 LIMITATIONS OF LIABILITY 

   

 IN NO EVENT SHALL COMPANY OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR
COMPANY SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, COMPANY’S
LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE
ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO
COMPANY FOR THE COMPANY SERVICES DURING THE PERIOD OF 3 MONTHS PRIOR TO ANY
CAUSE OF ACTION ARISING. 

   

 CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR
ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY
HAVE ADDITIONAL RIGHTS. 

   

 IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE
SECTION 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME
OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED
HIS SETTLEMENT WITH THE DEBTOR." 

   

 INDEMNITY 

   

 You agree to defend, indemnify and hold Company, its subsidiaries, and
affiliates, and their respective officers, agents, partners and employees,
harmless from and against, any loss, damage, liability, claim, or demand,
including reasonable attorneys’ fees and expenses, made by any third party due
to or arising out of your contributed content, use of the Company Services,
and/or arising from a breach of this Agreement and/or any breach of your
representations and warranties set forth above. Notwithstanding the
foregoing, Company reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
Company, and you agree to cooperate, at your expense, with Company’s defense of
such claims. Company will use reasonable efforts to notify you of any such
claim, action, or proceeding which is subject to this indemnification upon
becoming aware of it. 

   

 NOTICES 

   

 Except as explicitly stated otherwise, any notices given to Company
shall be given by email to the address listed in the contact information below.
Any notices given to you shall be given to the email address you provided
during the registration process, or such other address as each party may
specify. Notice shall be deemed to be given twenty-four (24) hours after the
email is sent, unless the sending party is notified that the email address is
invalid. We may also choose to send notices by regular mail. 

   

 USER DATA 

   

 Our Website will maintain certain data that you transfer to the Website
for the purpose of the performance of the Company Services, as well as data
relating to your use of the Company Services. Although we perform regular
routine backups of data, you are primarily responsible for all data that you
have transferred or that relates to any activity you have undertaken using the
Company Services. You agree that Company shall have no liability to you for any
loss or corruption of any such data, and you hereby waive any right of action
against Company arising from any such loss or corruption of such data. 

   

 ELECTRONIC CONTRACTING 

   

 Your use of the Company Services includes the ability to enter into
agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR
ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY FOR
SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY
ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU
ENTER INTO RELATING TO THE COMPANY SERVICES, INCLUDING NOTICES OF CANCELLATION,
POLICIES, CONTRACTS, AND APPLICATIONS. In order to access and retain your
electronic records, you may be required to have certain hardware and software,
which are your sole responsibility.   

   

 MISCELLANEOUS 

   

 This Agreement constitutes the entire agreement between you and Company
regarding the use of the Company Services. The failure of Company to exercise
or enforce any right or provision of this Agreement shall not operate as a
waiver of such right or provision. The section titles in this Agreement are for
convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. This
Agreement and your account may not be assigned by you without our express
written consent. Company may assign any or all of its
rights and obligations to others at any time. Company shall not be responsible
or liable for any loss, damage, delay or failure to act caused by any cause
beyond Company's reasonable control. If any provision or part of a provision of
this Agreement is unlawful, void or unenforceable, that provision or part of
the provision is deemed severable from this Agreement and does not affect the
validity and enforceability of any remaining provisions. There is no joint
venture, partnership, employment or agency relationship created between you and
Company as a result of this Agreement or use of the Website and Company
Services. Upon Company’s request, you will furnish Company any documentation,
substantiation or releases necessary to verify your compliance with this
Agreement. You agree that this Agreement will not be construed against Company
by virtue of having drafted them. You hereby waive any and all defenses you may
have based on the electronic form of this Agreement and the lack of signing by
the parties hereto to execute this Agreement. 

   

 CONTACT US 

   

 In order to resolve a complaint regarding the Company Services or to
receive further information regarding use of the Company Services, please
contact Company as set forth below or, if any complaint with us is not
satisfactorily resolved, and you are a California resident, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
Department of Consumer Affairs in writing at 400 "R" Street,
Sacramento, California 95814 or by telephone at 1-916-445-1254. 

   

 Choral Artists of Carmel  

 Email: choralartistsofcarmel@gmail.com  

 

 


 

   

 

 
 

 


 
 
  
   PRIVACY POLICY 
   CHORAL ARTISTS OF CARMEL 
  
 


 

   

 Version Date: August 11, 2019 

   

 GENERAL 

   

 Choral Artists of Carmel (“Company” or “we” or “us” or “our”) respects the
privacy of its users (“user” or “you”) that use our website located at
choralartistsofcarmel.org, including other media forms, media channels, mobile
website or mobile application related or connected thereto (collectively, the
“Website”). The following Company privacy policy (“Privacy Policy”) is designed
to inform you, as a user of the Website, about the types of information that
Company may gather about or collect from you in connection with your use of the
Website. It also is intended to explain the conditions under which Company uses
and discloses that information, and your rights in relation to that
information. Changes to this Privacy Policy are discussed at the end of this
document. Each time you use the Website, however, the current version of this
Privacy Policy will apply. Accordingly, each time you use the Website you
should check the date of this Privacy Policy (which appears at the beginning of
this document) and review any changes since the last time you used the Website. 

   

 The Website is hosted in the United States of
America and is subject to U.S. state and federal law. If you are accessing our
Website from other jurisdictions, please be advised that you are transferring
your personal information to us in the United States, and by using our Website,
you consent to that transfer and use of your personal information in accordance
with this Privacy Policy. You also agree to abide by the applicable laws of
applicable states and U.S. federal law concerning your use of the Website and
your agreements with us. Any persons accessing our Website from any
jurisdiction with laws or regulations governing the use of the Internet,
including personal data collection, use and disclosure, different from those of
the jurisdictions mentioned above may only use the Website in a manner lawful
in their jurisdiction. If your use of the Website would be unlawful in your
jurisdiction, please do not use the Website.  

   

 BY USING OR ACCESSING THE WEBSITE, YOU ARE
ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY. 

   

 GATHERING, USE AND DISCLOSURE OF
NON-PERSONALLY-IDENTIFYING INFORMATION 

   

 Users of the Website Generally 

   

 “Non-Personally-Identifying Information” is
information that, without the aid of additional information, cannot be directly
associated with a specific person. “Personally-Identifying Information,” by
contrast, is information such as a name or email address that, without more,
can be directly associated with a specific person. Like most website operators,
Company gathers from users of the Website Non-Personally-Identifying
Information of the sort that Web browsers, depending on their settings, may
make available. That information includes the user’s Internet Protocol (IP)
address, operating system, browser type and the locations of the websites the user
views right before arriving at, while navigating and immediately after leaving
the Website. Although such information is not Personally-Identifying
Information, it may be possible for Company to determine from an IP address a
user’s Internet service provider and the geographic location of the visitor’s
point of connectivity as well as other statistical usage data. Company analyzes Non-Personally-Identifying
Information gathered from users of the Website to help Company better
understand how the Website is being used. By identifying patterns and trends in
usage, Company is able to better design the Website to improve users’
experiences, both in terms of content and ease of use. From time to time,
Company may also release the Non-Personally-Identifying Information gathered
from Website users in the aggregate, such as by publishing a report on trends
in the usage of the Website. 

   

 Web Cookies 

   

 A “Web Cookie” is a string of information which
assigns you a unique identification that a website stores on a user’s computer,
and that the user’s browser provides to the website each time the user submits
a query to the website. We use cookies on the Website to keep track of services
you have used, to record registration information regarding your login name and
password, to record your user preferences, to keep you logged into the Website
and to facilitate purchase procedures. Company also uses Web Cookies to track
the pages that users visit during each Website session, both to help Company
improve users’ experiences and to help Company understand how the Website is
being used. As with other Non-Personally-Identifying Information gathered from
users of the Website, Company analyzes and discloses in aggregated form information
gathered using Web Cookies, so as to help Company, its partners and others
better understand how the Website is being used. COMPANY USERS WHO DO NOT WISH
TO HAVE WEB COOKIES PLACED ON THEIR COMPUTERS SHOULD SET THEIR BROWSERS TO
REFUSE WEB COOKIES BEFORE ACCESSING THE WEBSITE, WITH THE UNDERSTANDING THAT
CERTAIN FEATURES OF THE WEBSITE MAY NOT FUNCTION PROPERLY WITHOUT THE AID OF
WEB COOKIES. WEBSITE USERS WHO REFUSE WEB COOKIES ASSUME ALL RESPONSIBILITY FOR
ANY RESULTING LOSS OF FUNCTIONALITY.  

   

 Web Beacons 

   

 A “Web Beacon” is an object that is embedded in
a web page or email that is usually invisible to the user and allows website
operators to check whether a user has viewed a particular web page or an email.
Company may use Web Beacons on the Website and in emails to count users who
have visited particular pages, viewed emails and to deliver co-branded
services. Web Beacons are not used to access users’ Personally-Identifying
Information. They are a technique Company may use to compile aggregated
statistics about Website usage. Web Beacons collect only a limited set of
information, including a Web Cookie number, time and date of a page or email
view and a description of the page or email on which the Web Beacon resides.
You may not decline Web Beacons. However, they can be rendered ineffective by
declining all Web Cookies or modifying your browser setting to notify you each
time a Web Cookie is tendered, permitting you to accept or decline Web Cookies
on an individual basis.   

   

 Analytics 

   

 We may partner with selected third
parties to allow tracking technology on the Website, which will enable them to
collect data about how you interact with the Website and our services over
time. This information may be used to, among other things, analyze and track
data, determine the popularity of certain content and better understand online
activity. 

   

 Aggregated and
Non-Personally-Identifying Information 

   

 We may share aggregated and
Non-Personally Identifying Information we collect under any of the above circumstances.
We may also share it with third parties and our affiliate companies to develop
and deliver targeted advertising on the Website and on websites of third
parties. We may combine Non-Personally Identifying Information we collect with
additional Non-Personally Identifying Information collected from other sources.
We also may share aggregated information with third parties, including
advisors, advertisers and investors, for the purpose of conducting general
business analysis. For example, we may tell our advertisers the number of
visitors to the Website and the most popular features or services accessed.
This information does not contain any Personally-Identifying Information and
may be used to develop website content and services that we hope you and other
users will find of interest and to target content and advertising.  

   

 SOCIAL MEDIA  

   

 We may use hyperlinks on the Website which will redirect you
to a social network if you click on the respective link. However, when you
click on a social plug-in, such as Facebook’s “Like” button, Twitter’s “tweet”
button or the Google+, that particular social network’s plugin will be
activated and your browser will directly connect to that provider’s servers. If
you do not use these buttons, none of your data will be sent to the respective
social network’s plugin provider. So for example, when you click on the
Facebook’s “Like” button on the Website, Facebook will receive your IP address,
the browser version and screen resolution, and the operating system of the device
you have used to access the Website. Settings regarding privacy protection can
be found on the websites of these social networks and are not within our
control. 

   

 COLLECTION, USE AND DISCLOSURE OF
PERSONALLY-IDENTIFYING INFORMATION  

   

 Website Registration 

   

 As defined above, Personally-Identifying
Information is information that can be directly associated with a specific
person. Company may collect a range of Personally-Identifying Information from
and about Website users. Much of the Personally-Identifying Information
collected by Company about users is information provided by users themselves
when (1) registering for our service, (2) logging in with social network
credentials, (3) participating in polls, contests, surveys or other features of
our service, or responding to offers or advertisements, (4) communicating with
us, (5) creating a public profile or (6) signing up to receive newsletters.
That information may include each user’s name, address, email address and
telephone number, and, if you transact business with us, financial information
such as your payment method (valid credit card number, type, expiration date or
other financial information). We also may request information about your
interests and activities, your gender, age, date of birth, username, hometown
and other demographic or relevant information as determined by Company from
time to time. Users of the Website are under no obligation to provide Company
with Personally-Identifying Information of any kind, with the caveat that a
user’s refusal to do so may prevent the user from using certain Website
features. 

   

 BY REGISTERING WITH OR USING THE WEBSITE, YOU CONSENT
TO THE USE AND DISCLOSURE OF YOUR PERSONALLY-IDENTIFYING INFORMATION AS
DESCRIBED IN THIS “COLLECTION, USE AND DISCLOSURE OF PERSONALLY-IDENTIFYING
INFORMATION” SECTION. 

   

 Company Communications 

   

 We may occasionally use your name and email
address to send you notifications regarding new services offered by the Website
that we think you may find valuable. We may also send you service-related
announcements from time to time through the general operation of the service.
Generally, you may opt out of such emails at the time of registration or
through your account settings, though we reserve the right to send you notices
about your account, such as service announcements and administrative messages,
even if you opt out of all voluntary email notifications. 

   

 Company Disclosures 

   

 Company will disclose
Personally-Identifying Information under the following circumstances:  

   

 •
  By Law or to Protect Rights. When we believe disclosure is appropriate, we may disclose
Personally-Identifying Information in connection with efforts to investigate,
prevent or take other action regarding illegal activity, suspected fraud or
other wrongdoing; to protect and defend the rights, property or safety of
Company, our users, our employees or others; to comply with applicable law or
cooperate with law enforcement; to enforce our Terms of Use or other agreements
or policies, in response to a subpoena or similar investigative demand, a court
order or a request for cooperation from a law enforcement or other government
agency; to establish or exercise our legal rights; to defend against legal
claims; or as otherwise required by law. In such cases, we may raise or waive
any legal objection or right available to us. 

   

 •
  Marketing Communications. Unless users opt-out from receiving Company marketing
materials upon registration, Company may email users about products and
services that Company believes may be of interest to them. If you wish to
opt-out of receiving marketing materials from Company, you may do so by
following the unsubscribe link in the email communications, by going to your
account settings (if applicable) or contacting us using the contact information
below. 

   

 • 
 Third-Party Service Providers. We may share your Personally-Identifying Information, which may
include your name and contact information (including email address) with our
authorized service providers that perform certain services on our behalf. These
services may include fulfilling orders, providing customer service and
marketing assistance, performing business and sales analysis, supporting the
Website’s functionality and supporting contests, sweepstakes, surveys and other
features offered through the Website. We may also share your name, contact
information and credit card information with our authorized service providers
who process credit card payments. These service providers may have access to
personal information needed to perform their functions but are not permitted to
share or use such information for any other purpose. 

   

 •
 Business Transfers; Bankruptcy. Company reserves the right to transfer all Personally-Identifying
Information in its possession to a successor organization in the event of a
merger, acquisition, bankruptcy or other sale of all or a portion of Company’s
assets. Other than to the extent ordered by a bankruptcy or other court, the
use and disclosure of all transferred Personally-Identifying Information will
be subject to this Privacy Policy, or to a new privacy policy if you are given notice
of that new privacy policy and are given an opportunity to affirmatively
opt-out of it. Personally-Identifying Information submitted or collected after
a transfer, however, may be subject to a new privacy policy adopted by the
successor organization.  

   

 Changing Personally-Identifying Information;
Account Termination  

   

 You may at any time review or change
your Personally-Identifying Information by going to your account settings (if
applicable) or contacting us using the contact information below.  Upon
your request, we will deactivate or delete your account and contact information
from our active databases. Such information will be deactivated or deleted as
soon as practicable based on your account activity and accordance with our
deactivation policy and applicable law. To make this request, either go to your
account settings (if applicable) or contact us as provided below. We will
retain in our files some Personally-Identifying Information to prevent fraud,
to troubleshoot problems, to assist with any investigations, to enforce our
Terms of Use and to comply with legal requirements as is permitted by law.
Therefore, you should not expect that all your Personally-Identifying
Information will be completely removed from our databases in response to your requests.
Additionally, we keep a history of changed
information to investigate suspected fraud with your account. 

   

 General Use 

   

 Company uses the
Personally-Identifying Information in the file we maintain about you, and other
information we obtain from your current and past activities on the Website (1)
to deliver the products and services that you have requested; (2) to manage
your account and provide you with customer support; (3) to communicate with you
by email, postal mail, telephone and/or mobile devices about products or
services that may be of interest to you either from us, our affiliate companies
or other third parties; (4) to develop and display content and advertising
tailored to your interests on the Website and other sites; (5) to resolve
disputes and troubleshoot problems; (6) to measure consumer interest in our
services; (7) to inform you of updates; (8) to customize your experience; (9)
to detect and protect us against error, fraud and other criminal activity; (10)
to enforce our Terms of Use; and (11) to do as otherwise described to you at
the time of collection. At times, we may look across multiple users to identify
problems. In particular, we may examine your Personally-Identifying Information
to identify users using multiple user IDs or aliases. We may compare and review
your Personally-Identifying Information for accuracy and to detect errors and
omissions. We may use financial information or payment method to process
payment for any purchases made on the Website, enroll you in the discount,
rebate, and other programs in which you elect to participate, to protect
against or identify possible fraudulent transactions and otherwise as needed to
manage our business. 

   

 COLLECTION AND USE OF INFORMATION BY THIRD
PARTIES GENERALLY 

   

 Company contractually prohibits its contractors,
affiliates, vendors and suppliers from disclosing Personally-Identifying
Information received from Company, other than in accordance with this Privacy
Policy. However, third parties are under no obligation to comply with this
Privacy Policy with respect to Personally-Identifying Information that users
provide directly to those third parties, or that those third parties collect
for themselves. These third parties include advertisers, providers of games,
utilities, widgets and a variety of other third-party applications accessible
through the Website. Company neither owns nor controls the third-party websites
and applications accessible through the Website. Thus, this Privacy Policy does
not apply to information provided to or gathered by the third parties that
operate them. Before visiting a third party, or using a third-party
application, whether by means of a link on the Website, directly through the
Website or otherwise, and before providing any Personally-Identifying
Information to any such third party, users should inform themselves of the
privacy policies and practices (if any) of the third party responsible for that
website or application, and should take those steps necessary to, in those
users’ discretion, protect their privacy. 

   

 SECURITY 

   

 We take the security of your
Personally-Identifying Information seriously and use reasonable electronic,
personnel and physical measures to protect it from loss, theft, alteration or
misuse.  However, please be advised that even the best security measures
cannot fully eliminate all risks. We cannot guarantee that only authorized
persons will view your information. We are not responsible for third-party
circumvention of any privacy settings or security measures.  

   

 We are dedicated to protect all information on
the Website as is necessary. However, you are responsible for maintaining the
confidentiality of your Personally-Identifying Information by keeping your
password confidential. You should change your password immediately if you
believe someone has gained unauthorized access to it or your account. If you
lose control of your account, you should notify us immediately. 

   

   

 PRIVACY POLICY CHANGES 

   

 Company may, in its sole discretion,
change this Privacy Policy from time to time. Any and all changes to Company’s
Privacy Policy will be reflected on this page and the date new versions are
posted will be stated at the top of this Privacy Policy. Unless stated
otherwise, our current Privacy Policy applies to all information that we have
about you and your account. Users should regularly check this page for any
changes to this Privacy Policy. Company will always post new versions of the
Privacy Policy on the Website. However, Company may, as determined in its
discretion, decide to notify users of changes made to this Privacy Policy via
email or otherwise. Accordingly, it is important that users always maintain and
update their contact information. 

   

 CHILDREN 

   

 The Children's Online Privacy Protection Act
("COPPA") protects the online privacy of children under 13 years of
age. We do not knowingly collect or maintain Personally-Identifying Information
from anyone under the age of 13, unless or except as permitted by law. Any
person who provides Personally-Identifying Information through the Website
represents to us that he or she is 13 years of age or older. If we learn that
Personally-Identifying Information has been collected from a user under 13
years of age on or through the Website, then we will take the appropriate steps
to cause this information to be deleted. If you are the parent or legal
guardian of a child under 13 who has become a member of the Website or has
otherwise transferred Personally-Identifying Information to the Website, please
contact Company using our contact information below to have that child's
account terminated and information deleted. 

   

 CALIFORNIA PRIVACY RIGHTS 

   

 California Civil Code Section 1798.83, also
known as the "Shine The Light" law, permits our users who are California
residents to request and obtain from us, once a year and free of charge,
information about the Personally-Identifying Information (if any) we disclosed
to third parties for direct marketing purposes in the preceding calendar year.
If applicable, this information would include a list of the categories of the
Personally-Identifying Information that was shared and the names and addresses
of all third parties with which we shared Personally-Identifying Information in
the immediately preceding calendar year. If you are a California resident and
would like to make such a request, please submit your request in writing to our
privacy officer as listed below.  

   

 DO-NOT-TRACK POLICY 

   

 Most web browsers and some mobile
operating systems include a Do-Not-Track (“DNT”) feature or setting you can
activate to signal your privacy preference not to have data about your online
browsing activities monitored and collected. Because there is not yet a common
understanding of how to interpret the DNT signal, the Website currently does
not respond to DNT browser signals or mechanisms. 

   

 CONTACT 

   

 If you have any questions regarding our Privacy
Policy, please contact our Privacy Officer at: 

   

 Choral Artists of Carmel 

 Attn: Privacy Officer 

 Email: choralartistsofcarmel@gmail.com