Thank you for visiting our website.
We will provide you with access to the Website in accordance with this Policy.
2. YOUR OBLIGATIONS
You (i) agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all applicable laws; (ii) agree not to upload or transmit through the Website any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or network; (iii) will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene, indecent, or menacing character, or that may cause annoyance, inconvenience or needless anxiety; (iv) will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired; (v) will not use the Website in any manner which violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy); (vi) agree that in the event that you have any right, claim or action against any Users arising out of that User's use of the Website, then you will pursue such right, claim or action independently of and without recourse to us.
You agree to be fully responsible for and fully indemnify us against all claims, liability, damages, losses, costs and expenses, including legal costs and fees, suffered by us and arising out of any breach of the Policy by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your computer or Internet access account.
4. OUR RIGHTS
4.1 We reserve the right to (i) modify or withdraw, temporarily or permanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or (ii) change this Policy from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your
responsibility to check regularly to determine whether the Policy has been changed. If you do not agree to any change to the Policy then you must immediately stop using the Website.
4.2 We will use reasonable efforts to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
5. THIRD PARTY LINKS
In an attempt to provide increased value to our Users, we may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including without limitation any advertising, products or othermaterials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of this Policy or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website).
7. COLLECTION OF PERSONAL INFORMATION
7.1 ATOS may collect Personal Information in order to offer or provide goods and services to our Users. We may obtain this information from a variety of sources including but not limited to User applications, questionnaires and other materials submitted to us by Users; transactions in which ATOS and Users are involved; activities on or in connection with the Website; and from a variety of third-party sources, such as our business customers, government repositories, consumer reporting agencies, other financial institution, and/or otherwise.
7.2 We respect your Personal Information and shall comply with all applicable laws from time to time in place with respect to the privacy of Personal Information. We also take reasonable and adequate steps to ensure that your Personal Information is safeguarded from unauthorized access and/or disclosure.
8. DISCLOSURE OF PERSONAL INFORMATION
8.1 To the extent we are requested by the police or any regulatory or government authority investigating suspected unlawful activities, or upon receipt of an order or subpoena from any Court, or other judicial or administrative tribunal, to provide your Personal Information and/or information concerning your activities with respect to using the Website, we shall do so.
8.2 We further reserve the right in our discretion to disclose details of your use of the Website in relation to any, or any threatened, judicial or administrative proceedings in connection with your use, or the use of anyone under your control, of the Website whether in connection with the matters set out in this Policy or otherwise.
8.3 Except as otherwise provided herein, ATOS does not disclose customer information to third parties without first giving customers an opportunity to opt-out of certain kinds of disclosures. There are some disclosures to third parties that are not subject to the opt-out, such as disclosures necessary to effect, administer or enforce a transaction requested by you, to companies that perform services for us or to prevent fraud.
8.4 We may disclose consumer information to companies affiliated with ATOS and to companies or other parties not affiliated with ATOS, including but not limited to (i) financial institutions, such as banks, credit card companies and brokerage houses; (ii) companies that process transactions or provide other services for us; (iii) government agencies; and/or (iv) credit reporting bureaus as provided by applicable law. Those disclosures may consist of the following: (i) financial background information describing a customer's financial status; (ii) identification information, such as name and address data; (iii) transaction information, such as account activity, debit activity or credit activity; and (iv) other information relating to financial matters
8.5 Many of the disclosures described herein are beneficial to Users because they permit goods and services of interest to Users to be offered at attractive rates. We strive to give Users choices about how their data will be used. You have the right to opt-out of (direct us not to make) these disclosures when the User information is about you. If you wish to opt out, or have any question(s) about your rights hereunder, please notify us as provided below under “Notices.”
9. ELECTRONIC COMMUNICATIONS
9.1 Directors, officers, agents, contractors, employees (if any), and/or other representatives of ATOS may from time to time send designated confidential written communications by email, facsimile, or through other electronic means. Any such electronic communication, and any information contained, referenced, or linked within the communication shall be a confidential communication between the original sender and the intended recipient, and shall at all times be treated as and deemed confidential.
9.2 If you receive an email from us which you believe to have been sent to you in error, you agree to contact us immediately at web2011 [at] atos.org and further agree to maintain the confidentiality of such communication. Any inadvertent disclosure by us of an electronic communication shall not be deemed to be a waiver of any right or privilege with respect to the communication or any information contained therein.
We do not collect or maintain information at our website from those whom we actually know are under the age of 18.
11. INTELLECTUAL PROPERTY AND RIGHT TO USE
11.1 You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content supplied as part of the Website shall remain at all times vested in us or in our licensors, as the case may be. You are permitted to use this material only as expressly authorized by us.
11.2 The Website is © 2011 American Theatre Organ Society, Inc. All rights reserved.
12. IDEAS SUBMITTED TO US
Any comments, suggestions, ideas, notes, drawings, concepts, or other material that is offered by you through this Website shall be deemed and shall remain our property. Please understand that we may have internal and/or external resources that have already developed or will develop in the future ideas similar to those suggestions and/or comments, and we will only consider your suggestions, comments, ideas, or other material under these terms. Without limitation, we shall exclusively own all now-known or hereafter-existing rights to the suggestions of every kind and nature throughout the world and shall be entitled to the unrestricted use of the comments for any purpose whatsoever without compensation to you or the provider of the information.
You may send us notices under or in connection with this Policy to web [at] atos.org. Proof of sending notice does not guarantee our receipt of your notice. You must therefore ensure that you have received an acknowledgement from us in writing.
14. LIMITATION OF LIABILITY
14.1 WHILE WE WILL USE REASONABLE EFFORTS TO VERIFY THE ACCURACY OF ANY INFORMATION WE PLACE ON THE WEBSITE, WE MAKE NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CONTENT, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED ON OR WITHIN THE WEBSITE.
14.2 The Website is provided on an "as is" and "as available" basis without any representations or warranties of any kind whatsoever. Unless specified in separate terms and conditions related to a particular product or service, we make no warranties of any kind, whether express or implied, in relation to the Website, or products or services offered on the Website whether by us or on our behalf including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, condition or completeness, or any implied warranty arising from course of dealing or usage or trade. Further, you agree not to rely on any representation, express or implied, contained on the Website or any part thereof for any purpose.
14.3 Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Website or products or services offered on the Website whether by us or on our behalf will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server that makes it available or products or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website.
14.4 You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you except as otherwise provided herein.
14.5 We will not be liable in contract, tort or otherwise if you incur loss or damage connecting to the Website through a third party's hyper-text link.
14.6 We will not be liable, in contract, tort (including, without limitation, negligence), quasicontract or other representations or otherwise out of or in connection with the Website or products or services offered on the Website whether by us or on our behalf for (i) any economic losses (including without limitation loss of revenues, profits, contracts, business or anticipatedsavings); or (ii) any loss of goodwill or reputation; or (iii) any special, indirect, or consequential losses in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred.
14.7 Nothing in this Policy shall exclude or limit our liability to the extent that any such exclusion or limitation would contravene applicable law.
15. SEVERANCE & SURVIVAL
If any part of the Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from this Policy and shall not affect the validity and enforceability of any of the remaining provisions of the Policy. Each provision of this Policy shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in any circumstances.
Nothing shall be construed as a waiver by us of any preceding or succeeding breach of any provision.
17. ENTIRE AGREEMENT
This Policy (as amended from time to time) contains the entire agreement between you and us relating to the subject matter covered herein and supersedes any prior or contemporaneous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of this Policy unless made in a writing signed by both of us. You confirm that, in agreeing to accept this Policy, you have not relied on any representation not expressly contained in this Policy, and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of this Policy.
18. APPLICABLE LAW
This Policy shall be exclusively governed by and construed in accordance with the laws of the United States and the State of California without reference to the choice of law provisions thereof. The state and/or federal courts in the State of California shall have the sole and exclusive jurisdiction in any dispute, except that we have the right, at our sole discretion, to commence and/or pursue proceedings in any alternative jurisdiction(s).