End User Agreement Terms of Service
Welcome to the AZPBS community calendar. This service is offered free of charge to users. Your ("User") use of the calendar is, however, conditioned upon completion and acceptance of the End User Agreement Terms of Service (“Agreement”), as well as continued compliance with its provisions. PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS WEBSITE. BY INTERACTING WITH THIS WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS OF SERVICE, WITHOUT LIMITATION OR QUALIFICATION. IF AFTER READING THIS AGREEMENT, YOU DO NOT WISH TO AGREE TO ALL OF THE TERMS OF SERVICE, PLEASE DO NOT ACCESS OR OTHERWISE USE THIS WEBSITE OR ANY INFORMATION CONTAINED THEREIN.
General
This site is operated in part by Arizona PBS (“AZPBS”) , who owns and maintains the services (the "Service") offered on this website. The User understands and agrees that the Service is provided to them exclusively under this Agreement. By submitting an event, the User is stating that they have read and understand the Agreement, and that they agree to be bound by them. AZPBS may modify this Agreement at any time, and may terminate the User's use of the Service or otherwise revise any or all aspects of the Service in its sole discretion and without prior notice. The User's continued use of the Service now, or following the posting of notice of any changes in this Agreement, will constitute a binding acceptance by the User of such rules, changes or modifications. The User represents that they are at least 13 years of age and, if acting on behalf of a group or organization, have the authority to do so. Any minor using the system shall do so only with the consent of a supervising parent or legal guardian who shall execute an Agreement on behalf of such minor. The User, or parent or legal guardian, agrees to supervise usage of the Service by minors, if any, whom the User permits to use the Service.
The user responsibilities
The User is responsible for obtaining and maintaining all phone, internet, computer hardware and other equipment needed for access to and use of the Service and all charges related thereto. The User agrees to ensure that any content or information they provide will at all times be accurate, complete and not misleading. The User agrees not to place on this website any content that violates, plagiarizes or infringes upon the rights of others, including copyright, trademark, the right of privacy or the right of publicity, or that would be abusive, profane, obscene, indecent, threatening, defaming, slanderous, libelous, offensive, or otherwise illegal. The User agrees not to solicit the performance of any activity that is prohibited by law. The User agrees to comply with all applicable laws, rules and regulations in connection with this Agreement. The User agrees not to use the Service in connection with surveys, junk email, spamming, or any duplicative or unsolicited messages (commercial or otherwise). The User agrees not to restrict or inhibit any other user from visiting, employing and utilizing the Service. If the User visits this website from outside the United States, they are entirely responsible for compliance with applicable local laws, including, without limitation, the export and import regulations of other countries in relation to the Service.
Information on the website
AZPBS is not responsible for any material submitted to the public areas by Users which include community calendars, pages, or any other public area found on the website. Any material submitted by Users is not endorsed or reviewed by AZPBS. AZPBS reserves the right to remove any material submitted or posted in the public areas, without notice, if it becomes aware and determines, in its sole and absolute discretion, that there is the likelihood that content may, including but not limited to: (i) defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties; (ii) publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information; (iii) post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the website and/or a third party's computer system and/or network; (iv) violate any copyright, trademark, other applicable state, federal or international laws or intellectual property rights of AZPBS or any other third party; (v) submit contents containing marketing or promotional material which is intended solely to solicit funds; (vi) be used to sell items directly from this website or to directly link to payment gateways or services such as but not exclusive to eBay or PayPal; (vii) violate these Terms and Conditions.
Duplicate event postings will not be permitted on the site, and may be removed by AZPBS. All events posted on the site are sorted based on event start dates. Events must have reasonable start and end dates. AZPBS reserves the right to remove events. The AZPBS community calendar offers a way to highlight local and statewide events that are community focused. Event promoters are welcome to add their specific upcoming events to the community calendar for free event promotion. All information found on the AZPBS community calendar that pertains to events or promises rendered by any and all registrations are the sole creation and responsibility of the promoters. Any services, guarantees, performances, any and all promises made by the promoters via an event listing or electronic confirmation, rendered, or not rendered, are the sole responsibility of the event promoters. Any dispute that may occur between the promoters and a user of the website must be resolved between those two parties. AZPBS, in good faith, may attempt to put these two parties in contact with one another if such an occurrence arises, but any and all grievances or damages resulting by the use of the community calendar and the information found within, including event listing or information, are the responsibility of the promoters and any issues that may arise by participating in the event listed on the community calendar must be directed to the promoters. The outcome of that request is the sole responsibility, discretion and prerogative of the promoters.
While every effort is made to update the information contained on this website, neither AZPBS nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any pricing information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the website. AZPBS reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only. The User may rely on the information contained on this website at their own risk. If an error or omission is found on this website, please contact AZPBS.
Privacy
As part of the event submission process, the User may provide certain personal information to AZPBS. Except as provided herein, AZPBS agrees to use the User’s personally identifiable information only for internal purposes; AZPBS may, however, provide the User information, in an aggregate form with the information of other Users, to third parties, but only in such a way that the User's individual privacy is protected. AZPBS may contact the User periodically to provide them with news, other information, or offers which it believes would be of interest to them. Opt-out mechanisms are available if the User prefers not to provide their information to third parties. All uses of the User’s information will be in accordance with the provisions of Arizona State University’s Privacy Policy.
Content and monitoring
AZPBS has the right, but not the obligation, to monitor and review the content on the Service and the User's submission form to determine compliance with the conditions of use and operating rules established by AZPBS, to satisfy any law, regulation or authorized government request, or for other reasonable purposes. If AZPBS becomes aware of any use of the Service which may be considered inappropriate, it will respond accordingly, which response may include, but is not limited to, sharing the name and contact information of the Users of the Service with law enforcement agencies. The User assumes all risk and liability with respect to use of the Service, including the User's continued compliance with the Agreement. By using the Service, the User irrevocably grants AZPBS and their assigns a non-exclusive, perpetual, irrevocable, royalty-free license to: (i) copy, display, distribute, publish, and create derivative works from, communicate to the public, perform and display event information (“Content”) in whole or in part worldwide and/or to incorporate in other works in any form, media or technology now known or later developed, solely in connection with fulfilling its obligations in this Agreement, and (ii) to use and disclose the Content in aggregated form, including, but not limited to, analysis and extrapolation of the Content and the demographic trends resulting therefrom for marketing and other geo-targeting purposes; provided, however, that such use shall not personally identify the User. Except as otherwise expressly noted on this site, the User is hereby authorized to use the Service solely for their noncommercial, personal use. Except as otherwise provided by copyright law, all other copying, redistribution, or publication must be with the expressed permission of the owner of such material. Copying, redistribution, or publication of copyrighted material, or changes to or deletion of author attribution or copyright notice are prohibited.
Third party interaction
This website may be linked to other websites on the internet which are not under the control of or maintained by AZPBS. Such links do not constitute an endorsement by AZPBS of those websites. The User agrees that AZPBS is providing these links to the Users only as a convenience, and further agree that AZPBS is not responsible for the content of such websites. In the User's use of this site, they may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers, sponsors and other users of this website. Any such correspondence, purchase or participation, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or participation is solely between the User and the applicable third party. The User agrees that AZPBS has no liability, obligation or responsibility for any such correspondence, purchase or participation between the User and any third party.
Trademarks
Certain of the names, logos, and other materials displayed in the Service constitute trademarks or intellectual property of AZPBS or other entities. The User is not authorized to use any such marks. Ownership of all such trademarks and other intellectual property remains with AZPBS or those other entities. No permission is granted to hyperlink other internet sites with any page in this website, the sole exception being a hyperlink to a specific event page or landing page with more event details. The User agrees not to "frame" or "mirror" any of the contents or pages contained on or accessible from this website on any other server or internet-based device without the advance written authorization of AZPBS, as applicable. This authorization terminates automatically, without notice to the User, if they breach any of the Terms of Service.
Disclaimer of warranty; limitation of liability
THE USER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT THE USER'S SOLE RISK. NEITHER AZPBS NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES PUBLISHER, NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT. NEITHER AZPBS NOR ANY OF THEIR INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF (A) DAMAGES RESULTING FROM ANY ACCESSING, ALTERING, OR DESTROYING OF DATA; (B) DAMAGES FROM THE INACCURACY OF THE SOFTWARE EITHER NOW OR IN THE FUTURE; (C) DAMAGES FROM LOSS OF BUSINESS, PROFITS, OR BUSINESS OPPORTUNITIES; (D) DAMAGES FROM THE INTRODUCTION OF COMPUTER VIRUSES; OR (E) LOSSES FROM INTERRUPTION, TERMINATION, OR FAILED OPERATION OF THE INTERNET, PRIVATE INTRANET OR OF THIRD PARTY TELECOMMUNICATION SERVICES. To the maximum extent permitted by applicable law, in no event will AZPBS, or any person or entity involved in creating, producing or distributing the Service or the content included therein, be liable to the User or any third party in contract, in tort (including for its own negligence) or under any other legal theory (including strict liability) for any damages, including, without limitation, direct, indirect, extraordinary, exemplary, incidental, special, punitive, consequential or similar damages, including, without limitation, business interruption, loss of data, lost profits or revenues, loss of use or similar economic loss, arising out of the use of or inability to use the Service. The User hereby acknowledges that the provisions of this section shall apply to all use of and content on the Service. The User acknowledges that the content on the Service, by its nature, may involve a level of risk, including, without limitation, personal injury, property damage or other dangers. AZPBS shall not be responsible for and disclaims all liability for any loss, liability, damage whether direct, indirect or consequential, personal injury or expense of any nature whatsoever which may be suffered by the User or any third party including the User’s organization or business, as a result of or which may be attributable, directly or indirectly, to the User’s access and use of the website, any information contained on the website, the User’s personal information or material and information transmitted over the system. In particular, neither AZPBS nor any third party or data or content provider shall be liable in any way to the User or to any other person, firm or corporation whatsoever for any loss, liability, damage whether direct or consequential, personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any pricing information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. This disclaimer of liability applies to any damages or injury caused by any failure of performance, error, omission, inaccuracy, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of the Service and content therein, under any legal theory or cause of action.
Indemnification
The User agrees to indemnify, defend and hold harmless AZPBS, its affiliates, licensors, officers, directors, employees, consultants, licensees and agents from and against any and all claims, demands, liability, damages and/or costs (including, but not limited to, investigation and attorneys' fees) arising from the User's use of the Service or content therein, their violation of the Terms of Service, or their infringement of any intellectual property or other right of any person or entity.
Miscellaneous
The Terms of Service will inure to the benefit of AZPBS' successors and assigns. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by AZPBS. If any provision of these Terms of Service is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of AZPBS to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by AZPBS in writing. These Terms of Service constitute the entire agreement between the User and AZPBS with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. AZPBS can revise these Terms of Service at any time without notice, and the User agrees that their continued use of the Service after such revisions have been posted constitutes their acceptance of such revised Terms of Service. The provisions of this Terms of Service are for the benefit of AZPBS and their contractors, information providers, service providers, licensors, employees, licensees and agents; and each shall have the right to assert and enforce such provisions directly on its own behalf. Any acknowledgment of an e-mail or other communication from the User that is in any way inconsistent with, or adds to, the provisions of these Terms of Service is null and void. Neither the course of conduct between parties nor trade practice shall act to modify the provisions of these Terms of Service. AZPBS may authorize or allow its contractors and other third parties to provide to AZPBS and/or to the User services necessary or related to making the Service available and to perform obligations and exercise rights of AZPBS under these Terms of Service. Any obligations or duties which by their nature extend beyond the termination of these Terms of Service shall survive any expiration or termination of these Terms of Service. AZPBS and/or third parties may from time to time send e-mail messages to the User containing advertisements, promotions and other such information. AZPBS makes no representation or warranty with respect to the content of such email messages or any goods or services which may be obtained from such third parties, and the User agrees that neither AZPBS nor such third party shall have any liability with respect thereto. Recognizing the above, the User chooses to voluntarily use the Service and to not hold AZPBS responsible for any action or inaction on either of their parts. The User chooses to use the Service and to abide by the Terms and Conditions set forth here.
Comments or questions
Questions, comments or concerns arising from the website, the Terms and Conditions, policies and notices or the way in which AZPBS is handling the community calendar, may be directed to AZPBS at arizonapbsevents@asu.edu.
THESE TERMS OF USE FORM A BINDING CONTRACT BETWEEN AZPBS AND YOU. BY USING THE AZPBS WEBSITE, COMMUNITY CALENDAR, OR OTHER PAGES THEREIN, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.