ABOUT THE TERMS OF USE
Welcome, these Terms of Use apply to all customers, visitors, users, and others who view the Burlington Jazz and Blues Festival Inc. Web sites ("users"), including users who are also contributors of images, video, information, and other materials or services on the Burlington Jazz and Blues Festival Inc.. The Terms of Use has been published by the Burlington Jazz and Blues Festival Inc., also known as the Burlington Jazz'n Blues Festival, and are governed by all its subsidiaries, its associated Web sites and other related companies owned and operated by the Burlington Jazz and Blues Festival Inc. (also known hereafter collectively and individually in these Terms of Use as the "Web site Network"). You are agreeing to be legally bound by these Terms of Use as modified from time to time. Any use of the "Web site Network" by you after such changes are posted constitutes your agreement within the Terms of Use and also within the Privacy Policy Statement, Terms and Principles as modified.
Before using the "Web site Network", it is your responsibility to read the Privacy Policy Statement, Terms and Principles and its Terms of Use fully.
What Web sites are included in the "Web site Network"?
Any and all Web sites inclusive that we govern, control, own, operate, manage and administrate under the Burlington Jazz and Blues Inc. banner. These said sites currently include but are not limited to the following Web sites:
- jazznblues.info
- jazznblues.net
- jazznblues.info/bb
- getaway.jazznblues.net
- meet.jazznblues.net
- johnreeves.jazznblues.net
- buy.jazznblues.net
- survey.jazznblues.net
- contest.jazznblues.net
Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. The "Web site Network" reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. The "Web site Network" retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. The "Web site Network" provides links to many other Web sites affiliated with the Burlington Jazz and Blues Festival Inc. and the "Web site Network" that may have Terms of Use Policies different from, or in addition to, the Terms of Use specified herein, particularly in the case of Web sites hosting third-party content or that allow postings by third-parties. By accessing such Web sites through links provided on the "Web site Network", you agree to abide by each applicable Terms of Use policy as therein specified.
The "Web site Network" hereby grants you permission to use the "Web site Network" as set forth in this Terms of Use, provided that: (i) your use of the "Web site Network" as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the "Web site Network" in any medium without the "Web site Network" and the Burlington Jazz and Blues Festival Inc.'s prior written authorization; (iii) you will not alter or modify any part of the "Web site Network" other than as may be reasonably necessary to use the "Web site Network" for their intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Use.
In order to access some features of the the "Web site Network", you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify the "Web site Network" immediately of any breach of security or unauthorized use of your account. Although the Burlington Jazz and Blues Festival and its "Web site Network" will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of the "Web site Network" or others due to such unauthorized use.
TRADEMARKS, COPYRIGHTS and RESTRICTIONS
This site and the "Web site Network" in general is controlled and operated by the Burlington Jazz and Blues Festival Inc. which can be contacted by postal mail at 561 Brant Street, P.O.Box 85095, Burlington, Ontario, Canada L7R 4K3. The phone number is (905) 314-3535. All material on this site, including, but not limited to editorials, written content, marketing and promotional campaigns, images, photographs, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by the Burington Jazz and Blues Festival Inc. and its "Web site Network", its related companies or by other parties that have licensed their material to the "Web site Network" and the Burlington Jazz and Blues Festival Inc. Material on the "Web site Network" or any Web site owned, operated, licensed or controlled by "Web site Network" and the Burlington Jazz and Blues Festival Inc. is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of the Burlington Jazz and Blues Festival Inc. Use of the materials on any other Web site or networked computer environment controlled by the "Web site Network", or use of the materials for any purpose other than personal, non-commercial use is a violation of the "Web site Network's" copyrights, trademarks and other proprietary rights, and is prohibited.
GENERAL SUBMISSIONS
We are pleased to hear from our visitors and welcome your comments regarding our products and services. Unfortunately, however, our company policy does not allow us to accept or consider creative ideas, suggestions, or materials other than those that we have specifically requested. We hope you will understand that it is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by our professional staff might seem to others to be similar to their own creative work. Please do not send us any unsolicited original creative materials such as stories or ideas, music, or original artwork. While we do value your feedback on our services and products, we request that you be specific in your comments on those services and products, and not submit any creative ideas, suggestions, or materials (unless specifically requested by us).
If, through participation in certain activities, you send any material (e.g., postings to chat, boards, forums, or contests) or, despite our request, you send us unsolicited creative suggestions, ideas, notes, original music concepts, or other information (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, our property. None of the Submissions shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, we shall exclusively own all now-known or hereafter existing rights to the Submissions of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Submissions on our "Web site Network" for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions or any other person or entity unless otherwise agreed upon.
OTHER TYPES OF SUBMISSIONS
Other types of submissions to us may include uploads to Forums and other interactive sites that allow you to upload or save information on our servers within our "Web site Network". The "Web site Network" may now or in the future permit the submission of images, sounds, videos or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, the "Web site Network" does not guarantee any confidentiality with respect to any User Submissions.
You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize the "Web site Network" to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the "Web site Network" and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the "Web site Network" and these Terms of Use. For clarity, you shall retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to the "Web site Network", you hereby grant the "Web site Network" a worldwide, non-exclusive, fully paid-up, royalty-free, irrevocable, perpetual, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, perform and otherwise exploit the User Submissions in connection with the "Web site Network" and the Burlington Jazz and Blues Festival Inc. (and its successor's) business, including without limitation for promoting and redistributing part or all of the "Web site Network" (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the "Web site Network" a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the "Web site Network" and under these Terms of Use.
SUBMISSION TO FORUMS AND GENERAL PUBLIC COMMUNICATION
"Forums" means a chat area, message board, instant messaging, mobile messaging or e-mail function (including, but not limited to, participating contests where you may be required to submit information) offered as part of any "Web site Network" experience. If you participate in any Forums within the "Web site Network", you agree to follow our terms set forth below.
In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant the Burlington Jazz and Blues Festival Inc. and its entire "Web site Network" all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage the "Web site Network", the Burlington Jazz and Blues Festival Inc. or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. the "Web site Network" does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the "Web site Network" expressly disclaims any and all liability in connection with User Submissions. The "Web site Network" does not permit copyright infringing activities and infringement of intellectual property rights on the "Web site Network", and the "Web site Network" will remove all Content and User Submissions if properly notified that such Content infringes on another's intellectual property rights. the "Web site Network" reserves the right to remove Content and User Submissions without prior notice. The "Web site Network" will also terminate a User's access to the "Web site Network", if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had Content or a User Submission removed from the "Web site Network" more than twice. The "Web site Network" also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material. The "Web site Network" may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
You acknowledge that anything you submit to the "Web site Network" by way of any Forum is routed through the "Web site Network" servers and the Internet and that, therefore, you have no expectation of privacy with regard to any such submission. You acknowledge that the Forums and features on the "Web site Network" are forums for public and not private communications. Please keep in mind that whenever you give out personal information online, for example, via message boards or chat, that information can be collected and used by people you don't know. We cannot guarantee the security of any information you disclose online; you make such disclosures at your own risk.
You understand that when using the "Web site Network", you will be exposed to User Submissions from a variety of sources, and that the Burlington Jazz and Blues Festival Inc. and the "Web site Network" as a whole is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the "Web site Network" with respect thereto, and agree to indemnify and hold the "Web site Network", the Burlington Jazz and Blues Festival Inc., its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
Users or visitors shall remain solely responsible for the content of their messages in the Forums. We are not responsible for the content or opinions posted or sent by users in any of the "Web site Network" Forums. You take responsibility for postings under your username and use the information provided in the Forums at your own risk. We reserve the right to remove or edit content from any of our Forums at any time and for any reason although we have no duty to do so.
The "Web site Network" permits you to link to your own User Submissions hosted on the "Web site Network" or User Submissions of other third parties available on the the "Web site Network", for personal, non-commercial purposes only. You understand that the User Submissions, whether or not linked or embedded into other Web sites, are provided to you only on an as-available basis, and the "Web site Network" does not guarantee that their availability will be uninterrupted or bug free. The "Web site Network" reserves the right to discontinue any aspect to the "Web site Network" at any time, including discontinuing any linked or embedded Content either generally or in specific cases.
When participating in a Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with in any chat room, message board, or other user-generated content area. Information obtained in a Forum may not be reliable, and it is not a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm. We cannot be responsible for the content or accuracy of any information, and shall not be responsible for any trading, investment, or any other decisions made based on such.
HOUSE RULES
The following is a list of the House Rules of conduct for the "Web site Network". By using the "Web site Network" you agree not to do any of the following:
- Post, distribute, or otherwise make available or transmit any data, text, message, or computer file that we deem to be: (a) defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking; (b) bigoted, hateful, or racially offensive; (c) vulgar, obscene, or sexually explicit (language or images); or that (d) encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them;
- Post, distribute, or otherwise make available or transmit any data, text, message, computer file, or other material that infringes and/or violates any right of a third party or any domestic or international law, rule, or regulation, including but not limited to: (a) copyright, patent, trademark, or other proprietary rights; (b) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; (c) any confidentiality obligation;
- Advertise or sell any products, services or otherwise (whether or not for profit), or solicit others or use any Forum for commercial purposes of any kind unless that Forum specifically states approval for such purposes,
- Post, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component;
- Impersonate any person or entity or misrepresent your identity or affiliation with any person or entity;
- Engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet;
- Delete any legal notices, disclaimers, or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify;
- Post, distribute, or otherwise make available or transmit material or make statements that do not generally pertain to the designated topic or theme of any Forum.
We reserve the right to remove any material, and if we deem appropriate, to turn over to law enforcement officials, any material, including message, e-mail, or posting, that is in violation of these House Rules. We also reserve the right to remove messages, e-mails, or postings that do not pertain to the designated topic or theme of the Forum.
You agree not to collect or harvest any personally identifiable information, including account names, from the "Web site Network", nor to use the communication systems provided by the "Web site Network" for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the "Web site Network" with respect to their User Submissions.
We also reserve the right to comply with any order or otherwise cooperate with law enforcement officials regarding the identification of any user alleged to be using the "Web site Network" in violation of the law.
LINKED SITES
The "Web site Network" may contain links to other Web sites ("Linked Sites"). The Linked Sites are for your convenience only, and you access them at your own risk.
You should be aware that when you are on the "Web site Network", you could be directed to other sites that are beyond our control. There are links to other sites from the "Web site Network" pages that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the "Web site Network". This includes links from advertisers, sponsors, and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves the "Web site Network" you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that the Burlington Jazz and Blues Festival Inc. or the "Web site Network" in its most general of terms is not responsible for those sites. We reserve the right to disable any third-party linked sites within the "Web site Network", although we are under no obligation to do so.
We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to the "Web site Network".
The Burlington Jazz and Blues Festival Inc. and the "Web site Network" is not responsible for, and does not necessarily endorse, the content of any Linked Sites whether or not the Burlington Jazz and Blues Festival Inc. is affiliated with said sites. Visitors to any linked Web sites outside of the "Web site Network" are urged and expected to abide by the Terms of Use and Privacy Policies of that particular linked site.
The "Web site Network" welcomes links to our sites. You may establish a hypertext link to this site or one of our other sites, provided that the link does not state or imply any sponsorship or endorsement of your site by the Burlington Jazz and Blues Festival Inc. or any site within the "Web site Network". You may not use on your site any trademarks, service marks or copyrighted materials appearing on the "Web site Network", including but not limited to any logos or characters, or persons names without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another Web site any of the content or other materials on the "Web site Network" without prior written consent of the Burlington Jazz and Blues Festival Inc. its principles or directors.
DISCLAIMER OF WARRANTIES AND LIABILITY
THE MATERIALS ON THE "Web site Network" ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. "Web site Network" AND THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THIS AGREEMENT, ARE IMPLIED BY LAW AND ARE INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION. NEITHER THE BURLINGTON JAZZ AND BLUES FESTIVAL, ITS "Web site Network", NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY PERSON INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE "Web site Network" BAND OF SITES WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE "Web site Network" OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MATERIAL THAT YOU READ ON THESE "Web site Network" PAGES AND ITS RELATED WEB SITES IS PROVIDED FOR ENTERTAINMENT AND PROMOTIONAL PURPOSES. THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. AND THE "Web site Network" DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN "Web site Network" OR THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY AGREE THAT USE OF THE "Web site Network" IS AT YOUR SOLE RISK. YOU EXPRESSLY AGREE THAT NEITHER "Web site Network", THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. NOR ITS AFFILIATED OR RELATED ENTITIES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, OR AGENTS, NOR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, PRODUCTION, AND DISTRIBUTION OF THE "Web site Network" AND BURLINGTON JAZZ AND BLUES FESTIVAL INC. WEB SITES ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM THE USE OR MISUSE OF THIS SITE OR ANY OTHER "Web site Network" WEB SITE OWNED, OPERATED OR MANAGED BY THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. BY WAY OF EXAMPLE, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE "Web site Network", THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. AND RELATED PERSONS AND ENTITIES SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CLAIM OR DAMAGE ARISING FROM FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, COMPUTER VIRUS, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO OR ALTERATION OF PERSONAL RECORDS, OR THE RELIANCE UPON OR USE OF DATA, INFORMATION, OPINIONS OR OTHER MATERIALS APPEARING ON THE "Web site Network". YOU (AND NOT "Web site Network" OR THE BURLINGTON JAZZ AND BLUES FESTIVAL INC.) ASSUME THE ENTIRE COST OF, AND RESPONSIBILITY FOR ANY AND ALL NECESSARY SERVICING, REPAIR OR CORRECTION RESULTING FROM YOUR USE OF THIS SITE. IN ADDITION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT "Web site Network" AND THE BURLINGTON JAZZ AND BLUES FESTIVAL INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER SUBSCRIBERS OR THIRD PARTIES.
We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from any "Web site Network" of the Burlington Jazz and Blues Festival Inc.. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the "Web site Network", or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
INDEMNIFICATION
You are entirely responsible for maintaining the confidentiality of your member name(s), password(s), and your account, as well as all activities that occur under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, licensors, and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liabilities and costs (including reasonable attorneys' fees) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY BURLINGTON JAZZ AND BLUES FESTIVAL INC. WEB SITE OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE NAMELY WITHIN THE "Web site Network", EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY BURLINGTON JAZZ FESTIVAL INC. OR RELATED SITE OPERATED WTHIN THE "Web site Network".
JURISDITIONAL ISSUES
Unless otherwise specified, the materials in the "Web site Network" and the Burlington Jazz and Blues Inc. Web site and other related sites are presented solely for the purpose of entertainment and promoting programs, artists, information, and other products or promotions including but not limited to contests available in Canada, its provinces, territories, possessions, and protectorates. The "Web site Network" is controlled and operated by the Burlingon Jazz and Blues Festival Inc. from its offices within the Province of Ontario, Canada. The Burlington Jazz and Blues Festival Inc. makes no representation that materials in the "Web site Network" are appropriate or available for use in other locations. Those who choose to access the "Web site Network" including the Burlington Jazz and Blues Festival Inc. Web site from other locations do so on their own initiative and are responsible for compliance with their local laws, if and to the extent local laws may be applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the Province of Ontario, Canada, as it is applied to agreements entered into and to be performed entirely within such Province. Any action you, any third party or "Web site Network" bring to enforce this agreement or, in connection with, any matters related to the "Web site Network" or the Burlington Jazz and Blues Festival Inc. Web site shall be brought only in either the Province or Federal Courts located in the City of Burlington, Ontario, Canada, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement, and shall not affect the validity and enforceability of any remaining provisions. This represents the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the appropriate principle(s) or director(s) of the Burlington Jazz and Blues Festival Inc.
TERMINATION
These terms of use are effective until terminated by either you or us. You may terminate these terms at any time by discontinuing use of all the related sites within the "Web site Network" and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use for any paid subscriptions or memberships, you agree to notify us of such termination by sending notice of such termination by certified postage pre-paid to:
Member Services c/o
Burlington Jazz and Blues Festival Inc.
561 Brant Street
P.O.Box 85095
Burlington, Ontario
Canada L7R 4K3
We may immediately terminate these terms of use with respect to you (including your access to the "Web site Network") without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all the "Web site Network" related sties and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise.
We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.
PRIVACY
The Burlington Jazz and Blues Festival Inc. and the "Web site Network" is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of the "Web site Network" servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked may include but is not limited to the type of browsers being used by visitors to our sites (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor's Internet service provider (e.g., America Online, Earthlink), your IP address, how you found us, how long you stay and which pages you enter are also recorded for aggregate use. READ the Privacy Policy Statement, Terms and Principles for more specific details concerning what NON-Personal data that we collect from our visitors. By having this information, Web pages optimized for a particular visitor's computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form. E-mail addresses and other personally identifiable data about visitors to this site are known to the Burlington Jazz and Blues Festival and the "Web site Network" when voluntarily submitted by the users. The "Web site Network" will only use personally identifiable data provided at this site for the purposes described at the time it is collected (for example, the e-mail addresses visitors provide in order to receive e-mail alerts will only be used for the purpose of sending these e-mail alerts). Burlington Jazz and Blues Festival Inc., as well as any other third party sites linked to from the "Web site Network", may each have different privacy policies and practices. You should carefully review these other Web sites' privacy policies in order to determine how each site may use any personal information you provide.
Opt Out
We may use your information to notify you of important changes to the "Web site Network", services, and special offers. If you do not want to receive such notices, you may use the following option to opt out of receiving future communications:
Send an email message to alex@jazznblues.net with the words "Remove Me From Your Contact List " in the subject field.
Opting out may prevent you from receiving email messages regarding updates, improvements, or special offers. If the "Web site Network" has provided any third-party with your personal information, you will have to contact the third-party directly with any opt-out request.
Accountability
If you have any questions or concerns specifically regarding the privacy practices or terms of use on the "Web site Network" or one of its related owned and operated Web sites, please address them in writing by postal mail to the Privacy Officer.
Burlington Jazz and Blues Festival Inc.
561 Brant Street
P.O.Box 85095
Burlington, Ontario
Canada L7R 4K3
Need to contact the Webmaster?
The Webmaster is responsible for the overall management and administration of the "Web site Network". Please direct questions and comments about this or other related Web site concerns by email to: alexzafer@gmail.com |