Terms of Use

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:

Thank you for visiting the www.fyao.org website (this “Site”).  This Site is owned and operated by Florida Young Artists Orchestra, Inc., a Florida not for profit corporation (“FYAO”).  By accessing and using this Site you agree to these Terms of Use (the “Terms of Use”).  If you do not agree, you may not use this Site.

I. RESTRICTIONS ON USE

All material and content on this Site (the “Content”) is the property of FYAO and/or its licensors.  Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way other than as set forth in these Terms of Use without the prior written consent of FYAO.  The Content on this Site is provided for lawful purposes only.

II. PERMITTED USES

Unless otherwise expressly prohibited on this Site, you may print copies of the Content and download the Content on your computer for personal, non-commercial home use, provided you do not delete or change any copyright, trademark, or other proprietary notices.  By using this Site or engaging in any permitted use of the Content as described above, you acknowledge and agree that the Site and all Content is the sole and exclusive property of FYAO and/or its licensors.  You further acknowledge and agree that any translations, derivative works, modifications or alterations you create based on the Content, whether or not permitted in writing by FYAO, shall be owned exclusively by FYAO and/or its licensors, as applicable and that FYAO and/or its licensors, as applicable, reserve all rights to use such translations, derivative works, modifications or alterations in any way as determined in their sole and absolute discretion.  You may not use the Content in any way other than as expressly provided in these Terms of Use.

III. OBLIGATIONS OF SITE VISITORS

You agree not to do any of the following while visiting or using this Site: (a) restrict or inhibit any other user from using and enjoying the Site; (b) impersonate any person or entity or falsely state or otherwise misrepresent your professional or other affiliation with any person or entity or indicate that you are an employee or representative of FYAO; (c) post or transmit unlawful, offensive, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any images or other material depicting nudity; (d) post or transmit comments containing harassing or offensive language or engage in disruptive activities online; (e) post or transmit any information or software which contains a virus, “trojan horse”, “worm” or other harmful component; (f) post or transmit any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters” or any other form of solicitation on the Site or through the Site; (g) post, upload or transmit any material that is fraudulent or violates or infringes the rights of others, including material that violates privacy or publicity rights, or infringes copyright, trademark or other intellectual property and/or proprietary rights; (h) post or transmit material that encourages or provides instructional information about illegal activities, in particular hacking, cracking or distribution of counterfeit software or goods; (i) solicit other users to join or contribute money to any online service or other organization, advocate or attempt to get users to join in illegal schemes or plan or participate in scams involving other users; (j) violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority; (k) access or use password protected, secure or non-public areas of the Site without authorization; (l) frame, repackage, or otherwise redistribute any portion of the Site; or (m) use the Site to collect personally identifying information about users of the Site or conduct any activity in violation of these Terms of Use or the Privacy Policy applicable to use of the Site.  FYAO may terminate your access to the Site and/or use of the Content at any time for any reason or no reason, including, but not limited to, as a result of your violation or threatened violation of any of the obligations described above, in FYAO’s sole and absolute discretion.  FYAO will not be liable to you or any third party as a result of such termination. The terms and conditions provided in these Terms of Use will survive any such termination.

IV. SUBMISSIONS

All remarks, suggestions, ideas, graphics, or other information communicated to FYAO about this Site, whether through this Site or through some other form of communication (together, the “Submissions”) will forever be the property of FYAO.  FYAO will not be required to treat any Submissions as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future FYAO operations. Without limitation, FYAO will have exclusive ownership of all present and future existing rights to the Submissions of every kind and nature everywhere.  Other than as set forth below with respect to personally identifiable information, FYAO will be entitled to use the Submissions for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submissions.  Personally identifiable information that may be received by or through this Site is provided voluntarily by visitors to this Site. The treatment and use of this information is described in FYAO’s Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not FYAO have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

V. DISCLAIMER; NO WARRANTY

THE CONTENT ON THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. FYAO MAY MAKE CHANGES TO THIS SITE OR THE CONTENT AT ANY TIME. THIS SITE AND THE CONTENT ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FYAO MAKES NO WARRANTY THAT THE SITE WILL EVER BE AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FYAO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE AND THE CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FYAO DOES NOT WARRANT THAT THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT MESSAGES OR REQUESTS WILL BE DELIVERED OR RECEIVED, OR THAT THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FYAO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF, OR THE RESULT OF THE USE OF THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE RELATED TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

VI. LIMITATION OF LIABILITY

IN NO EVENT WILL FYAO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, THE CONTENT, THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE, ANY WEBSITES LINKED TO THIS SITE OR ANY INFORMATION CONTAINED ON ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FYAO, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE BE LIABLE TO YOU IN ANY MANNER WHATSOEVER FOR ANY ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON INFORMATION OR CONTENT PROVIDED THROUGH THIS SITE. TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. FYAO’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION RELATED TO THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE AND/OR YOUR ACCESS OR USE OF THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE, THE CONTENT OR THE FUNCTIONS OR SOFTWARE CONTAINED ON THIS SITE.

VII. THIRD PARTY WEBSITES AND DOWNLOADABLE MATERIALS

This Site contains downloadable materials as well as links to external sites.  FYAO is not responsible for, and has no control over, the content of such downloadable materials or external sites.  The inclusion of any links does not imply endorsement by FYAO of any such sites.  You understand that FYAO cannot and does not guarantee or warrant that files or software of any kind, from any source, that are available for downloading through this Site or through third party websites linked to this Site, will be free of infection, viruses, “worms”, “trojan horses” or other harmful code or defects that contain or incorporate contaminating or destructive properties.

VIII. PRIVACY POLICY

Our policies concerning the use of your personal information are set forth in our Privacy Policy available on this website’s home page (“Privacy Policy”).  The terms of the Privacy Policy are incorporated herein by this reference.  Please carefully review the information contained in the Privacy Policy.  By using this Site or the Content provided through this Site, you agree to waive and release FYAO from any claim or liability in connection with the collection, use, or disclosure of information that is consistent with the terms of the Privacy Policy. 

IX. INDEMNIFICATION

You agree to indemnify and hold FYAO, its affiliates, officers, directors, agents, partners, and employees, harmless from any claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of any content you submit, post to, email, or otherwise transmit through this Site, your use of this Site and/or the Content, your connection to this Site or your breach of these Terms of Use or the Privacy Policy.

X. TERMINATION

You may discontinue your participation in and access to the Sits at any time. You acknowledge and agree that FYAO may terminate or block your use of all or part of this Site, without prior notice and for any reason or no reason at all.  You agree that upon termination or discontinuance for any reason, FYAO, in FYAO’s sole discretion, may bar your access to the Site.

XI. COPYRIGHT ACT AGENT

 The FYAO respects the intellectual property rights of others, and requires that the people who use this Site do the same. If you believe that your work appears on this Site and has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below: (a) Your address, telephone number, and email address; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the alleged infringing material is located; (d) a statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (e) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (f) a statement by you, made under penalty of perjury, that the above information contained in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.  Copyright Agent: Dale A. Burket, 215 North Eola Drive, Orlando, FL 32802.

XII. TRADEMARK INFORMATION

All other trademarks used on this Site, including, but not limited to other trademarks used on this Site that may be owned by FYAO, are the property of their respective owners.

XIV. MISCELLANEOUS

These Terms of Use will be governed and interpreted in accordance with the laws of the State of Florida, United States of America, notwithstanding any principles of conflicts of law. Any controversy or claim arising out of or relating to these Terms of Use, or the breach thereof, shall be submitted to binding arbitration in front of a single arbitrator, administered by the American Arbitration Association, under its Commercial Arbitration Rules, and judgment on the award rendered by the single arbitrator may be entered in any court having jurisdiction thereof. Venue for any such arbitration proceeding shall be in Orange County, Florida.  In any action to enforce these Terms of Use, the prevailing party will be entitled to costs and attorney fees.  If any part of these Terms of Use is deemed to be unlawful, void, or unenforceable, that part will be severed and will not affect the validity and/or enforceability of any remaining provisions.  These Terms of Use, together with the Privacy Policy, constitute the entire agreement between the parties relating to your use of this Site.  FYAO may revise these Terms of Use at any time without providing notice by posting updates to these Terms of Use on the Site.