Conditions of Use & Disclaimer

 

The provisions of the Conditions of Use and Disclaimer that follow cover all the bakersfieldcca.org online services provided by Kern County Musical Association,  dba, Bakersfield Community Concert Association (“BCCA”).  The rules that follow govern your use of the BCCA Website.  These rules shall apply to all materials, online communications and other information that is or becomes available on the BAKERSFIELDCCA.ORG WEBSITE (collectively,”Information”).  BY SIGNING ON AND USING THE BAKERSFIELDBCCA.ORG WEBSITE, YOU THEREBY AGREE TO ABIDE BY THESE RULES AND ANY MODIFICATIONS TO THEM.

 

1. User’s Responsibility

The BCCA website is an online information exchange service for use by BCCA, its staff and the general public.  You shall not post, publish, transmit, reproduce, distribute or in any way use or exploit any Information for commercial purposes or otherwise use the Information in a manner that is inconsistent with these rules

 

2. Uses Not Permitted

In using the BCCA website, you will abide by all applicable federal, state or local laws, including those that pertain to libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency, and copyright or trademark infringement.  The Information available on this website may include intellectual property that is protected under the copyright, trade mark and other intellectual property laws of the United States and other countries.  Such intellectual property laws generally prohibit the unauthorized reproduction, distribution or exhibition of all text, photographic and graphic images, music, sound samplings and other protected materials.  The violation of applicable intellectual property laws may give rise to civil and criminal penalties.

 

3. Disclosure of Online Communications

You are advised that any online communication may not be fully confidential or protected.  Also you should be aware that some administrative personnel of BCCA may, in the course of their regular duties, have access to communications for technical or operational purposes.  BCCA may also disclose any communications to the extent necessary to comply with the law or legal process, protect against misuse or unauthorized use of the web site, or protect the personal safety or property of BCCA web site users, the public, or BCCA, and its volunteers.  Above all, BCCA will at all times fully comply with California and federal laws relating to the confidentiality and non-disclosure of any information in its electronic data bases.

 

4. Rogue Programming Prohibited

You shall not post, transmit or make available in any way through the BCCA website any software or other materials which contain a computer virus, Trojan horse, time bomb worm or other rogue programming.  BCCA has no obligation to detect the presence of any rogue programming.  Any downloading of software or other materials or any other use of the Information on the BCCA website is at your own and sole risk, and you are advised to take adequate precautions to minimize any loss to your system caused by rogue programming, including use of anti-virus programs and proper backup of files.

 

5. User Responsible for Content of Information

You are responsible for the content of any information that you put on the BCCA website.  BCCA has no obligation to, and does not in the normal course, monitor or control any information that is or becomes available on the BCCA website.  BCCA reserves the right to review any Information that is or comes available on the BCCA website.  BCCA reserves the right to refuse to post or to remove any Information that is, in BCCA’s sole discretion, unacceptable, undesirable or in violation of these rules.  However, BCCA has no obligation to exercise such reservation of rights.

 

6. Disclaimer of Warranties

The BCCA website, bakersfieldcca.org, is provided on an “as is” basis without warranties of any kind, either express or  implied, including without limitation warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose.  BCCA does not warrant that any information is complete or accurate, that the BCCA website will be uninterrupted or error free, or that any information is free of rogue programming.   

 

7. Limitation of Damages

Under no circumstances, including negligence, shall BCCA be liable for any direct, indirect, incidental, special, punitive or consequential damages that may result from the use or inability to use the BCCA website, including without limitation use of or reliance on information available on the BCCA website, interruptions, errors, defects, mistakes, omissions, deletions of files, delays in operation or transmission, non-delivery of information, disclosure of communications, or any other failure of performance.

 

8. Release and Indemnity

Under these rules, your use of the BCCA website effects a release and waiver of any and all claims and liability against BCCA, its board members, officers, and volunteers arising from your use of the BCCA website.  You also agree to defend, indemnify and hold harmless BCCA, its board members, officers, and volunteers from and against any and all claims or liability, including the costs and attorney fees, arising from your use of the BCCA website or failure to abide by applicable law.

 

9. Acceptance of Website Conditions of Use and Disclaimer

By your use of this site, you signify your agreement to the terms and conditions of the BCCA Website Conditions of Use and Disclaimer.  If you do not agree to these terms and conditions, please do not use the site.  We reserve the right, at our sole discretion, to change, modify, add or remove portions of this policy at any time.  Please check this page periodically for any changes.  Your continued use of the BCCA website following the posting of any changes to these terms shall mean that you have accepted those changes.  If you have any questions or concerns, please email us at communityconcert@yahoo.com or send a letter to BCCA, P.O. Box 11929, Bakersfield, CA  93389.

 

10. Privacy Policy

To understand the additional terms and conditions which apply to your use of our site, make sure you read carefully BCCA’s online Privacy Policy.

 

           

September 2010