IMPORTANT: Please review the following terms and conditions carefully. These Terms Of Use are a legally binding contract between you and the Fox Riverside Theater Foundation (“Foundation”) pertaining to the access and use of the services offered, and all products, information, content, media, content, printed materials and “online” or other electronic documentation accessible from www.riversidefoxfoundation.org.
(For Raffle Terms & Conditions, please click here)
This website is offered free of charge on the express condition that you accept, without modification, and abide by these Terms of Use. Your access and use of is conditioned upon your continued compliance with these Terms of Use. Please read these Terms of Use carefully, as your use constitutes your acceptance of these Terms of Use. The Foundation reserves the right to change the Terms of Use any time by reasonable notice, including without limitation by posting revised terms on the site (which shall constitute reasonable notice), and such amended terms shall be binding upon you; thus, you should consult the most recent version of these Terms of Use each time that you view the Sites.
You may view and print information, documents and web pages located on the Sites for your own personal use but not for any for-profit or commercial activities or purposes or resale. Usage of the Foundation logo must be approved by the Foundation.
Sponsors and Donors
The Foundation may choose to acknowledge certain persons and companies who have provided donations or sponsorships in furtherance of the organization’s mission. Such acknowledgement may be in the form of recognition of such persons or companies’ own names or marks and/or links to such person or companies’ own websites. If you choose to click on the links to any of our sponsors’ websites or otherwise engage in any correspondence or business dealings with or other purchase of products or services from any of our sponsors, you do so on your own initiative and you agree that the Foundation is not responsible or liable for any loss or damages of any sort incurred as a result of any such dealings or as a result of the acknowledgement of or links to such sponsors in conjunction with the site.
Links to Other Sites
The Foundation may provide links to other Internet sites or resources. The information provided to you in such links is provided solely for your interactive enjoyment. The results are not guaranteed to be accurate and are in no way endorsed, offered or guaranteed by the Fox Riverside Theater Foundation. Links to the Foundation site may be provided from other sites, either known or unknown to the Foundation, and some links to the site may be unauthorized, and accessing any other site linked to or from the Foundation site is done at your own risk. The Foundation has not necessarily reviewed, nor is it responsible for the content of any third party sites linked to or from the Foundation site.
General Indemnification
You agree that you will hold harmless the Foundation, its officers, directors, employees, volunteers, and partners from all claims arising out of or related to your access or use of, or your inability to access or use, the sites or other sites to which it is linked. If your use of the site results in the need for servicing, repair of equipment or data, you will assume any costs thereof.
Limitation of Liability
In no event and under no circumstances shall the Foundation or the contributors of information to the site or our sponsors or authorized representatives be liable to you or any third party for special, incidental, punitive or consequential damages (including without limitation any loss of profits, lost savings, or loss of data) arising out of your (or any authorized user’s) or any unrelated party’s use or inability to use the site, or your (or any authorized user’s) or any unrelated party’s reliance or use of information, products or services provided on or through the Internet, or that result from mistakes, omissions, interruptions, deletions of files or other data loss, errors, defects, delays in operation, service or transmission or any failure of performance of the site, even if we, or any of our authorized representatives, have been advised of the possibility of such damage and even if the remedies stated in these Terms of Use fail of their essential purpose.
Disclaimer of Warranties
THE SITE (INCLUDING WITHOUT LIMITATION ALL SERVICES AND CONTENT) ARE PROVIDED “AS IS” AND “WITH ALL FAULTS” WITHOUT WARRANTY OF ANY KIND AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. There is no warranty, representation or guarantee that the site will continuously operate or be error free or that any problems will be corrected, or that any information, software or other material accessible from the Sites is free of viruses, worms, Trojan horses or other harmful components. Further, we do not warrant, guarantee, or make any representations regarding the use of, or the results of the use of the site, either in terms of its compatibility with hardware or other software, its reliability, currentness, or otherwise; and you rely on the site solely at your own risk.
THE SITE IS MANAGED IN THE STATE OF CALIFORNIA, UNITED STATES OF AMERICA. THE FOUNDATION MAKES NO REPRESENTATION THAT IT OPERATES (OR IS LEGALLY PERMITTED TO OPERATE) IN ALL GEOGRAPHIC AREAS. THE FOUNDATION MAKES NO REPRESENTATION THAT THE SITES, SERVICES OR INFORMATION FOUND THROUGH THE SITES OR SERVICES IS APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS, AND ACCESSING THE SITES FROM TERRITORIES WHERE THE CONTENT OF THE SITES IS ILLEGAL IS EXPRESSLY PROHIBITED. IF YOU VIEW THE SITES AND/OR ACCESS THE SERVICES FROM ANY COUNTRY OTHER THAN THE UNITED STATES OF AMERICA, YOU ACKNOWLEDGE THAT YOU ARE DOING SO ON YOUR OWN INITIATIVE AND YOU ARE SOLELY RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS.
Disclaimer Regarding Translated Content
In addition to the general disclaimer of warranties provided under these Terms of Use, the Foundation does not warrant the accuracy, reliability, or timeliness of any information provided on its site in languages other than English (“Translated Content”). Any person or entity that relies on information obtained from the Translated Content does so at his or her own risk.
Immediately notify The Fox Riverside Theater Foundation if your password is lost, stolen, disclosed to an unauthorized third party or otherwise has been compromised or if there is any other breach of security. You must ensure that you exit from your account at the end of each session. You will be permitted to access only those portions of the Sites for which you have been granted permission to use by The Fox Riverside Theater Foundation.
Online Donations. In order to make donations online, you must submit the necessary contact and payment information, including, without limitation, your name, address, credit card and email. You are responsible for the accuracy of the. By providing such information to the Foundation by any means (e.g.: email, telephone, mail, etc.), you represent that any information or materials provided by you shall be accurate, complete and correct and that you shall have lawful right to provide such information for use in processing your donations. In order to make donations online using the payment method displayed on the Web site (e.g., VISA, MasterCard, etc.), you must be 18 years of age or older. By using the site’s payment method, you confirm that you possess the legal authority to enter into the conditions of use for the site, including, without limitation, instructing the Foundation to collect any payments from a credit or debit card, and to use the site in accordance with all terms and conditions of these Terms of Use. Billing to your credit card or to your account occurs at the time of donation or shortly thereafter. You agree that you are responsible for all charges incurred by your use of the site and you expressly authorize the Foundation to charge the credit card provided by you for any donations submitted online via the Sites.
Services Indemnification. IN ADDITION TO THE GENERAL INDEMNIFICATION PROVIDED UNDER THESE TERMS OF USE, YOU WILL INDEMNIFY AND HOLD THE FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND PARTNERS HARMLESS FROM AND AGAINST ANY LAWSUIT, CLAIM, DAMAGE, LIABILITY, OR EXPENSE (INCLUDING REASONABLE ATTORNEYS’ FEES) INCURRED BY THE FOUNDATION AND ITS OFFICERS, DIRECTORS, EMPLOYEES, VOLUNTEERS, AND PARTNERS PERTAINING TO THE FOUNDATION’S USE OF THE INFORMATION AND CONTENT PROVIDED BY YOU IN CONNECTION WITH THE SERVICES. YOUR FAILURE TO ABIDE BY THE ACCEPTABLE USE POLICY (SET FORTH BELOW). YOUR WILLFUL MIDSCONDUCT OR GROSS NEGLIGENCE, OR ANY PATENT, COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHT OR RIGHT OF PUBLICITY OR PRIVACY OF ANY THIRD PARTY THAT RELATES TO ANY INFORMATION, IMAGE, VOICE, NAME OR CONTENT PROVIDED BY YOU IN CONECTION WITH THE SERVICES, EVEN IF ANY SUCH CLAIMS, DAMAGES, LIABILITY OR EXPENSE ARE BASED IN WHOLE OR IN PART ON THE FOUNDATION’S OWN NEGLIGENCE. IN NO EVENT SHALL THE FOUNDATION’S AGGREGATE AND COMPLETE LIABILITY TO YOU AND ANY THIRD PARTY IN CONNECTION WITH ANY AND ALL OF ITS SERVICES PROVIDED VIA THE SITES, HOWEVER ARISING, EXCEED A MAXIMUM OF $100.00.
Acceptable Use Policy for Services & Sites
You will not, and will not allow or authorize others to, use the Services or the Sites to take any actions that: (i) infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violate any applicable law, statute, ordinance or regulation (including those regarding export control); (iii) are defamatory, trade libelous, threatening, harassing, invasive of privacy, stalking, harassment, abusive, tortuous conduct, hateful, discrimination based on race, ethnicity, gender, sex or disability, pornographic or obscene; (iv) interfere with or disrupt any services or equipment with the intent of causing an excessive or disproportionate load on the Foundation; (v) involve knowingly distributing viruses, Trojan horses, worms, or other similar harmful or deleterious programming routines; (vi) involve the preparation and/or distribution of “junk mail”, “spam”, “chain letters”, “pyramid schemes” or other deceptive on-line marketing practices or any unsolicited bulk email or unsolicited commercial email or otherwise in a manner that violate the Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act of 2003); (vii) would encourage conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international laws or regulations; (viii) involve the unauthorized entry to any machine accessible via the Services or interference with the site or any servers or networks connected to the site or disobey any requirements, procedures, policies or regulations of networks connected to the site, or attempt to breach the security of or disrupt Internet communications on the site (including without limitation accessing data to which you are not the intended recipient or logging into a server or account for which you are not expressly authorized); (ix) impersonate any person or entity, including, without limitation, one of the Foundation’s or other’s officers or employees, or falsely state or otherwise misrepresent your affiliation with a person or entity; (x) forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the site; (xi) collect or store personal data about other account users or attempt to gain access to other account users’ accounts or otherwise mine information about other account users or the site; (xii) execute any form of network monitoring or run a network analyzer or packet sniffer or other technology to intercept, decode, mine or display any packets used to communicate between the sites’ servers or any data not intended for you; (xiii) attempt to circumvent authentication or security of any content, host, network or account (“cracking”) on or from the site; or (xiv) are contrary to the Foundation’s public image, goodwill, reputation or.
In addition you will not, and will not assist, enable or permit others to, directly or indirectly (i) modify, enhance, alter, or prepare derivative works based on any of the Foundation’s content, software or infrastructure, (ii) decompile, decode, unlock, attempt to discover the source code of, or otherwise reverse engineer, any of the Foundation’s software or infrastructure, or (iii) sublicense, sell, rent, lease, transfer, assign, or convey any rights under these Terms of Use to any third party, or otherwise commercially exploit or profit from the information or content of the site (or any part or portion thereof).
IMPROPER USE OF THE SITE MAY RESULT IN CIVIL AND CRIMINAL LIABILITIES.
Term & Termination
These Terms of Use are effective from the date that you first access the site and continues in effect until terminated in accordance with these Terms of Use.
The Foundation may terminate your access to the site at any time for any reason. Cause for such termination shall include, but not be limited to: (l) breaches or violations of these Terms of Use; (ll) requests by law enforcement or other government agencies; (lll) a request by you; (lV) discontinuance or material modification to the site’s services (or any part thereof); (V) unexpected technical or security issues or problems; (Vl) fraudulent or illegal activities performed by or on behalf of you in connection with the site; (Vll) discontinuance of the site or services as a whole; (Vlll) a statement by you that you no longer agree to these Terms of Use, or a statement by you otherwise requesting termination of your access to the services; (lX) any other reason reasonably considered by the Foundation to be in its best interest.
Your access to the site or its services also will terminate automatically if you fail to comply with any term or provision of these Terms of Use. You agree that any termination of your your access to the site or services may be effected without prior notice and that the Foundation may delete all related information, files or related content and/or bar any access to such information or content by you or others. The Foundation shall not be obligated to return or provide copies of any information, files or content to you upon termination of access.
You further agree that the Foundation shall not be liable to any third-party for any termination or deactivation of your access to the site.
Upon termination, the Foundation will have no further obligation or responsibility to you with respect to the termination, and you will have no further obligation or responsibility to the Foundation with respect to the terminated access; provided, however, the foregoing statement does not apply to any liability, responsibility, or obligation of either party existing or arising prior to the effective date of termination. Your obligations under these Terms of Use, which by their nature are intended to survive termination (such as indemnification), shall survive the termination of your access to the site or services.
Deactivation of the Sites
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the site, or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the site, or any part or portion thereof. Nothing in these Terms of Use shall be construed to obligate the Foundation to maintain and support the site, or any part or portion thereof, during the term of these Terms of Use.
Notice of Claims of Intellectual Property Violations
The content of the site may include pictures, information, testimonials, letters, marks, slogans and other content uploaded or provided by third parties or otherwise received from third parties. The Foundation does not permit the use of content on the site that infringes on the copyright or trademarks or rights of publicity of others, and will remove any such content that violates the copyright or trademarks or other rights of others if properly notified of such violation in accordance with the procedure set forth in these Terms of Use. If you believe that any of the content on the site infringes your copyright or trademark rights or your rights of publicity, please provide the Foundation with the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work or mark or publicity right claimed to have been infringed, or, if you believe that multiple works, marks or publicity rights have been infringed on the site, a representative list of such works, marks or publicity rights.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the Foundation to locate the material.
- Information reasonably sufficient to permit the Foundation to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please provide all of the information requested above. No specific form is required to provide notifications of possible infringement. However, it will take the Foundation longer to process your notice if any of this information is not provided, and in some cases, we may not be able to process your notice.
COPPA
In accordance with the U.S. Childrens’ Online Privacy Protection Act of 1998, the Foundation does not knowingly request or solicit personally identifiable information from anyone under the age of 13 without prior verifiable parental consent. In the event that the Foundation receives actual knowledge that it has collected such personal information without the requisite and verifiable parental consent, the Foundation will delete that information from the site as quickly as is reasonably practical.
Privacy
Protecting privacy is an important priority to The Fox Riverside Theater Foundation. Our Privacy Policy governs the collection, use, retention and disclosure of personal information gathered from the site. Please view our Privacy Policy.
Equitable Remedies
You agree that, if the terms of these Terms of Use are not specifically enforced, we will be irreparably damaged, and therefore you agree that we shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect any breach(es), in addition to any other available remedies.
Governing Law; Venue; Statute of Limitations
These Terms of Use are governed by the laws of the State of California, U.S.A., excluding any conflict of laws, rules or similar principals, and the applicable laws, regulations and treaties of the United States of America. Any action arising out of any dispute with respect to this Agreement shall only be brought in the state or federal courts located in Riverside County, California. You agree that the statute of limitations for any claim against the Foundation shall be brought within one year from when the claim arose, and any claims not brought within such period of time shall be deemed waived.
Dispute Resolution
In the event of any dispute arising out of these Terms of Use, you the Foundation each agree to use good faith efforts to resolve our differences amicably. In the event those efforts are unsuccessful, you and the Foundation agree not to commence litigation until attempting to resolve our dispute through mediation. Either you or the Foundation may initiate the mediation process with thirty (30) days’ prior written notice to the other. The dispute shall be submitted to mediation in Riverside, California, U.S.A. Costs of mediation shall be borne equally by both you and the Foundation. Mediation of the dispute shall be completed within fifteen (15) days of commencement, unless you and the Foundation agree to extend the time by mutual agreement or unless the mediator declares you and the Foundation to be at an impasse. Notwithstanding the above, in the event that the Foundation believes that immediate injunctive relief is required to protect its rights, the Foundation may invoke the immediate powers of the appropriate court of law without the requirement to first mediate the dispute.
Miscellaneous
If any provision of these Terms of Use is held to be illegal, invalid, or unenforceable, then that provision shall be fully severable from these Terms of Use and shall not affect the legality, validity, or enforceability of the remaining provisions of these Terms of Use.
Failure by us to enforce any particular term of these Terms of Use shall not be construed as a waiver of any of our rights hereunder.
These Terms of Use have been written in the English language and the English language shall control. These Terms of Use, which are in English, shall be interpreted in accordance with the commonly understood meaning of the words and phrases in the United States of America. These Terms of Use (and each supplemental agreement referenced in or referencing these Terms of Use found on the site) constitutes the entire agreement between you and The Fox Riverside Theater Foundation with respect to the site.
Contact Information
If you have any questions regarding these Terms of Use, you may contact info@riversidefoxfoundation.org.