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The www
The www.CaliforniaFestivalsandFairs.com Web Site (the "Site") is an online
information service provided by California Festivals and Fairs
("www.CaliforniaFestivalsandFairs.com "), subject to your compliance with the
terms and conditions set forth below. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE
ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE
BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE
BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
www.CaliforniaFestivalsandFairs.com MAY MODIFY THIS AGREEMENT AT ANY TIME, AND
SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT ON THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE
AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE SHALL
BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Copyright, Licenses and Idea Submissions.
The entire contents of the Site are protected by international copyright
and trademark laws. The owner of the copyrights and trademarks are
www.CaliforniaFestivalsandFairs.com, its affiliates or other third party
licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST,
TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING
TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of
material from the different areas of the Site solely for your own
non-commercial use provided that you agree not to change or delete any
copyright or proprietary notices from the materials. You agree to grant to
www.CaliforniaFestivalsandFairs.com a non-exclusive, royalty-free,
worldwide, perpetual license, with the right to sub-license, to reproduce,
distribute, transmit, create derivative works of, publicly display and
publicly perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products and
services) you submit to any public areas of the Site (such as bulletin
boards, forums and newsgroups) or by e-mail to
www.CaliforniaFestivalsandFairs.com by all means and in any media now known
or hereafter developed. You also grant to
www.CaliforniaFestivalsandFairs.com the right to use your name in connection
with the submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related thereto.
You agree that you shall have no recourse against
www.CaliforniaFestivalsandFairs.com for any alleged or actual infringement
or misappropriation of any proprietary right in your communications to
www.CaliforniaFestivalsandFairs.com.
2. Use of the Site.
You understand that, except for information, products or services clearly
identified as being supplied by www.CaliforniaFestivalsandFairs.com,
www.CaliforniaFestivalsandFairs.comdoes not operate, control or endorse any
information, products or services on the Internet in any way. Except for
www.CaliforniaFestivalsandFairs.com- identified information, products or
services, all information, products and services offered through the Site or
on the Internet generally are offered by third parties, that are not
affiliated with www.CaliforniaFestivalsandFairs.com a. You also understand
that www.CaliforniaFestivalsandFairs.com cannot and does not guarantee or
warrant that files available for downloading through the Site will be free
of infection or viruses, worms, Trojan horses or other code that manifest
contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your
particular requirements for accuracy of data input and output, and for
maintaining a means external to the Site for the reconstruction of any lost
data.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE
INTERNET. www.CaliforniaFestivalsandFairs.com PROVIDES THE SITE AND RELATED
INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES,
REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION
WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE
SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE
OR ON THE INTERNET GENERALLY, AND www.CaliforniaFestivalsandFairs.com SHALL
NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY
FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE
ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES,
MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE
INTERNET GENERALLY. www.CaliforniaFestivalsandFairs.com DOES NOT WARRANT
THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE
SERVICE WILL BE CORRECTED.
YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS
UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE
TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK.
www.CaliforniaFestivalsandFairs.com HAS NO CONTROL OVER AND ACCEPTS NO
RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.
LIMITATION OF LIABILITY
IN NO EVENT WILL www.CaliforniaFestivalsandFairs.com BE LIABLE FOR (I) ANY
INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR
INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE
SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR
DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE.
EVEN IF www.CaliforniaFestivalsandFairs.com OR ITS AUTHORIZED
REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN
THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. IN SUCH STATES, www.CaliforniaFestivalsandFairs.com LIABILITY IS
LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
www.CaliforniaFestivalsandFairs.com makes no representations whatsoever
about any other web site which you may access through this one or which may
link to this Site. When you access a non-www.CaliforniaFestivalsandFairs.com
web site, please understand that it is independent from
www.CaliforniaFestivalsandFairs.com, and that
www.CaliforniaFestivalsandFairs.com has no control over the content on that
web site. In addition, a link to a www.CaliforniaFestivalsandFairs.com web
site does not mean that www.CaliforniaFestivalsandFairs.com endorses or
accepts any responsibility for the content, or the use, of such web site.
3. Indemnification.
You agree to indemnify, defend and hold harmless
www.CaliforniaFestivalsandFairs.com, its officers, directors, employees,
agents, licensors, suppliers and any third party information providers to
the Service from and against all losses, expenses, damages and costs,
including reasonable attorneys' fees, resulting from any violation of this
Agreement (including negligent or wrongful conduct) by you or any other
person accessing the Service.
4. Third Party Rights.
The provisions of paragraphs 2 (Use of the Service), and 3
(Indemnification) are for the benefit of www.CaliforniaFestivalsandFairs.com
and its officers, directors, employees, agents, licensors, suppliers, and
any third party information providers to the Service. Each of these
individuals or entities shall have the right to assert and enforce those
provisions directly against you on its own behalf.
5.Term; Termination.
This Agreement may be terminated by either party without notice at any
time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and
Idea Submissions), 2 (Use of the Service), 3 (Indemnification), 4 (Third
Party Rights) and 6 (Miscellaneous) shall survive any termination of this
Agreement.
6.Miscellaneous.
This Agreement shall all be governed and construed in accordance with the
laws of U.S.A. applicable to agreements made and to be performed in U.S.A..
You agree that any legal action or proceeding between
www.CaliforniaFestivalsandFairs.com and you for any purpose concerning this
Agreement or the parties' obligations hereunder shall be brought exclusively
in a federal or state court of competent jurisdiction sitting in U.S.A. .
Any cause of action or claim you may have with respect to the Service must
be commenced within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred.
www.CaliforniaFestivalsandFairs.com's failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any provision of this
Agreement. www.CaliforniaFestivalsandFairs.com may assign its rights and
duties under this Agreement to any party at any time without notice to you.
Any rights not expressly granted herein are reserved.
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