As a condition of your use of our Websites, you warrant that you will not use the Websites for any purpose that is unlawful or prohibited by the these Terms. You will comply with all applicable laws, including but not limited to, privacy laws, intellectual property laws, regulatory requirements, etc.
You will use our Websites in a professional manner, and you may not use our Websites in any manner that could damage, disable, overburden, or impair our Websites or interfere with any other party's use and enjoyment of our Websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided through our Websites. You will not use any robot, spider, other automatic device, scraping process, or manual process to monitor or copy our Websites or the contents or information contained therein without our prior express written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of our Websites or any transaction being conducted through our Websites. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for any information in which you have an ownership interest) from our Websites without our prior express written consent or the appropriate third party.
The information you provide to us (i) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information; and (ii) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
If applicable, you may not permit anyone other than yourself to use your username or password to gain access to our Website. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are entirely responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account.
In the event you gain access to information or material not intended to be accessed by you, you agree that you will immediately notify us and destroy all copies of such information in your possession and not forward such information to any third-parties. For this notice, you may contact us as described below.
Our Websites are maintained and operated solely for the educational and non-profit purposes of the San Francisco Symphony. Your participation on our Websites is at your own risk. The posted materials are provided to you "as is" without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and against infringement. The San Francisco Symphony does not warrant that the functioning of our Websites will be uninterrupted or error free, that defects will be corrected, or that our Websites, the servers that makes them available, or any other technologies used in connection with the our Websites are free of viruses or other harmful components. The San Francisco Symphony does not warrant or make any representations regarding the use of materials on or provided to our Websites accuracy, reliability, or otherwise. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. In these jurisdictions, the foregoing exclusions and limitations will be enforced to the greatest extent permitted by applicable law.
To the greatest extent permitted by applicable law, under no circumstances, including but not limited to negligence, shall the San Francisco Symphony be liable for any direct, special or consequential damages that result from the use of, or inability to use, the materials on our websites or the maintenance of personal information, even if we have been advised of the possibility of such damages. Applicable law may not allow the forgoing limitation or exclusion, so the above exclusion may not apply to you. Subject to the forgoing limitations and exclusions, in no event shall the San Francisco Symphony's total liability to you for all damages, losses, and causes of action, including but not limited to negligence, arising out of or in connection with your use of our Websites, exceed the lessor of the amount of fees paid by you, if any, for access to the Website or $50.00.
You agree to indemnify, defend and hold harmless The San Francisco Symphony and its affiliates, and their owners, partners, subsidiaries, officers, each of such person's or entities' directors, employees, contractors, agents, licensors and suppliers (collectively, the "Indemnified Parties") from and against any and all allegations, demands, claims, liabilities, damages, fines, losses, expenses,
penalties or costs of whatsoever nature, including reasonable attorney's fees and court costs, and whether by reason of death of or injury to any person or loss of or damage to any property or otherwise ("Claims") arising or resulting in any way from any violation of these Terms, the services or products provided to you as part of, as a result of, or connected with, our Websites or any related act or failure to act by you and whether or not occasioned or contributed to by the negligence of The San Francisco Symphony or any agent or employee of the Indemnified Parties or any of them (except as and to the extent prohibited by applicable law) or Claims arising from your account, including, without limitation, any Claims related to infringement by you of the intellectual property rights of any person, including without limitation, copyright, patent, trade secret, trademark, artist rights, droit moral, privacy, publicity or rights under other intellectual property laws.
All of our Websites, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, code, or other copyrightable elements, and the selection and arrangements thereof, and trademarks are the property of the San Francisco Symphony and/or other respective owners, and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws.
We may prohibit you from participating in or utilizing our Websites if in our sole and absolute discretion, including but not limited to, when you show a disregard for these Terms, or act in an unacceptable manner, with the intent to annoy, abuse, threaten, or harass any other person, or in any other disruptive manner. We also reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole and absolute discretion without notice to you, including discontinuing of our Websites immediately and with no notice to you.
If for any reason any portion of our Websites is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond our reasonable control which corrupt or affect the administration, security, fairness, integrity, or proper conduct of our Websites, we reserve the right (but not the obligation) in our sole and absolute discretion, to prohibit you and any other individual or entity from using our Websites, and to cancel, terminate, modify or suspend the Site or any portion thereof and void such information.
These Terms are governed by the internal substantive laws of California, without regard to its conflict of laws principles. Jurisdiction for any claims arising under or out of these Terms shall lie exclusively with the state and federal courts within California. If any provision of these Terms and conditions found to be invalid by a court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Policy or terms and conditions, which shall remain in full force and effect.
You represent and warrant that you have the legal right, power and authority to agree to these Terms on behalf of yourself. You further agree that your use constitutes an electronic signature as defined by the Electronic Signatures in Global and National Commerce Act ("E-Sign") and the Uniform Electronic Transactions Act ("UETA") and that you have formed, executed, entered into, accepted these Terms and acknowledged and agreed that same is an electronic record for purposes of E- Sign, UETA and the Uniform Computer Information Transactions Act and as such is completely valid, has legal effect, is enforceable, and is binding on, and non-refutable by you and the member, buyer or supplier on whose behalf you are acting.
Copyright and Trademark Notices. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on our Websites are registered and unregistered Trademarks of the administrator(s) of our Webites and others.
Nothing contained on our Websites may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on our Websites without our written permission or the permission of such third party that may own the Trademarks displayed on our Websites.
All contents of our Websites are copyright 2022 by The San Francisco Symphony, All rights reserved.
San Francisco Symphony Davies Symphony Hall San Francisco, CA 94102 [email protected] 415-552-8000