TERMS OF USE
PRIVACY AND SECURITY POLICY
Disclosure of Personal Information:
THE MASKERAIDES FOUNDATION is committed to keeping your personal information strictly confidential. THE MASKERAIDES FOUNDATION will retain your information when you contact us. When we collect your personal information (i.e. name, address, e-mail, and telephone number) it is in an effort to improve your experience and to notify you about program updates, services and to answer your inquiries. It is our policy not to disclose any of your personal information at any time, unless you tell us to do so. We do not sell, trade, or rent your personal information to third parties.
Security:
We use industry-standard methods to protect your information from unauthorized access. Among other techniques, we store such information on a computer behind our "firewall" in a secure location. Please be aware, of course, that there is no such thing as perfect security - on or off the Internet.
Please keep security in mind as you reach other websites through links from Maskeraides.org com. Each separate company has its own privacy policies and practices. Although business partners are chosen carefully, there are no representations concerning privacy and security on those sites. You are strongly urged you to close your browser window. .
Changes in Policy:
If you have any concerns or questions with respect to our Privacy Policy, please feel free to contact us. By using this site, you are agreeing to the conditions of this Privacy Policy. DO NOT USE THIS SITE IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY. If we decide to change our Privacy Policy in whole or in part it will be posted on the site. Please check this page periodically for changes.
Terms of Use
Maskeraides.org welcomes you to you to our site. The services includes the Web Site located at Maskeraides.org (“Website”). Facebook and Twitter (collectively, the “Services”). The goal of the Service is to provide access to our requests page. To ensure a pleasant environment for all of our users, we have established these Terms of Use. In this way, you will know what you can expect from us and what we expect from you. These Terms of Use only apply to the online Services to which it is linked.
Note: You must be 18 years or older and the age of majority in your place of residence to use or request services from this site.
THESE TERMS OF USE APPLY TO ALL CHANNELS OF THE SITE AND AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, RADIO, TELEVISION, MOBILE DEVICE, AND SOCIAL MEDIA. BY ACCESSING ANY OF THE CHANNELS, AND ANY AREAS OF THE SERVICE, YOU AGREE TO BE LEGALLY BOUND, AND TO ABIDE BY, THESE TERMS OF USE.
Ownership, Trademarks and Patents
Maskeraides.org and the Service are owned by Barbara Squires, President, THE MASKERAIDES FOUNDATION.
Disclaimers and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. NEITHER THE MASKERAIDES FOUNDATION, NOR ANY OF AFFILIATES OFFICERS, DIRECTORS, OR EMPLOYEES, AGENTS, THIRD-PARTY SERVICE OR CONTENT PROVIDERS ("PROVIDERS"), MERCHANTS ("MERCHANTS"), SPONSORS ("SPONSORS"), LICENSORS ("LICENSORS"), OR THE LIKE (COLLECTIVELY, "ASSOCIATES"), WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION CONTENT OR SERVICE.
UNDER NO CIRCUMSTANCES SHALL THE MASKERAIDES FOUNDATION, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, MANUFACTURING, DISTRIBUTING, MARKETING, OR SELLING THE SERVICE PRODUCTS, SERVICES OR THIS WEB SITE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THE SERVICE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE RECORDS, PROGRAMS, OR SERVICES.
YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL SERVICES AND CONTENT AVAILABLE THROUGH ALL PROMOTIONAL CHANNELS OF THE SERVICES AND THAT OF AFFILIATES INCLUDING, BUT NOT LIMITED TO, THE INTERNET, TELEPHONE, RADIO, TELEVISION, MOBILE DEVICE, AND SOCIAL MEDIA PLATFORM BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Third-party Service Providers
Some aspects of the Services may be dependent upon a third-party service provider, such as a wireless carrier or social media platform. We do not control such third-party service providers and are not liable for their acts or omissions. In addition, such third-party service provider may have their own terms, policies and guidelines. You should become familiar with all such terms, policies or guidelines prior to using the Services through such third-party service provider.
CONTENT - Proprietary Rights
You acknowledge that the Service contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively "Content") that are protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and THE MASKERAIDES FOUNDATION or Affiliates or other third-party licensors may own a copyright in the selection, coordination, arrangement, and enhancement of such Content. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may use the content only for your personal non-commercial use and make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see e.g. 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right. In addition to the foregoing, use of any software Content shall be governed by the software license agreement accompanying such software.
User Submissions
THE MASKERAIDES FOUNDATION does not claim ownership of any Content you submit or make available for inclusion on the Service. However, with respect to all such Content, including, without limitation, creative ideas, suggestions, content, postings, artwork, material or other submissions whether via email, feedback, a public forum or otherwise (collectively, "User Submissions"), you grant THE MASKERAIDES FOUNDATION and its affiliates the worldwide, perpetual, royalty-free, irrevocable, non-exclusive right to use, communicate, reproduce, publish, display, perform, modify, alter, adapt, translate, sublicense, distribute, create derivative works from and exploit such User Submissions in any manner, including on the Service or any other web sites, in television programs, on radio, in books, magazines, articles, commentaries, and in any other medium now known or later developed without your consent. You also warrant that you own or otherwise control all of the rights to any User Submissions you submit or post on or to the Service or otherwise transmit to THE MASKERAIDES FOUNDATION and that our public posting and other public or private use of such User Submissions will not infringe the rights of any third-party. You acknowledge that you are not entitled now, or in the future, to any compensation for any User Submissions you may submit or post.
No User Submissions, regardless of how they may be marked, will be received by us in confidence, nor shall they be subject to any express or implied obligation of confidentially. Neither THE MASKERAIDES FOUNDATION, or Affiliates, nor their respective officers, directors, agents or employees shall be liable for any use or disclosure of any User Submissions.
You and your successors and assigns hereby waive any and all rights and remedies you may have against THE MASKERAIDES FOUNDATION, or Affiliates, or any of their respective officers, directors, employees, or agents now or in the future, and hereby release THE MASKERAIDES FOUNDATION and Affiliates, and any of their respective officers, directors, agents and employees from any and all claims, demands, actions, causes of action, damages, obligations, losses and expenses of whatever kind, (collectively "Claims") relating to providing, posting, transmitting or making available through the Service the User Submissions to THE MASKERAIDES FOUNDATION, or THE MASKERAIDES FOUNDATION receiving, evaluating, and utilizing the User Submissions.
In addition, THE MASKERAIDES FOUNDATION may, in our sole discretion, at any time and without prior notice to you, suspend or terminate any public forum, any other portion of the Service, or the subscription or registration of any user who violates any of these terms and conditions of use, any of the rules, regulations or guidelines or for any other behavior that we in our sole discretion believe is in breach of these Terms of Use.
Distribution/Uploading by Users of Third-party Content
Except as otherwise set forth in these Terms, you agree not to upload to or otherwise distribute on the Service any Content created or owned by others which is subject to any copyright or other proprietary rights of any third-party. The unauthorized submission or distribution of copyrighted or other proprietary third-party Content is illegal and could subject you to personal liability for damages. You, not THE MASKERAIDES FOUNDATION or Affiliates, or any of their respective officers, directors, agents, employees, Merchants, Providers, Sponsors, Licensors, or the like, will be liable for any damages resulting from any infringement of copyrights or proprietary rights, or from any other harm arising from such submission.
THE MASKERAIDES FOUNDATION'S Rights
THE MASKERAIDES FOUNDATION is not responsible for screening, policing, editing, or monitoring Content (including User Submissions). THE MASKERAIDES FOUNDATION (or Affiliates) may elect, but is not obligated, to monitor, electronically or otherwise, areas of the Service and may disclose any Content (including User Submissions), records, or electronic communication of any kind and information you provide to THE MASKERAIDES FOUNDATION or Affiliates, through the Service or otherwise, including all merchandising channels, (i) when we believe disclosure to be appropriate to comply with any law, regulation, or government or law enforcement request or to comply with judicial process; or (ii) if such disclosure is necessary or appropriate to operate the Service and/or the overall business of THE MASKERAIDES FOUNDATION and Affiliates; or (iii) to protect the rights or property of THE MASKERAIDES FOUNDATION, users of the Service, Affiliates, subscribers, customers, recipients, Sponsors, Providers, Licensors, or Merchants. Subject to the "Copyright Agent" provisions above, if notified of allegedly infringing, defamatory, damaging, illegal, or offensive Content, THE MASKERAIDES FOUNDATION may investigate the allegation and determine in its sole discretion whether to remove or request the removal of such Content from the Service. THE MASKERAIDES FOUNDATION reserves the right to prohibit or remove conduct, communication, or Content (including User Submissions) that she deems in their sole discretion to be harmful to users of the Service, subscribers, customers, recipients, Providers, Merchants, Sponsors, or Licensors, content or service providers, THE MASKERAIDES FOUNDATION or Affiliates, or any rights of THE MASKERAIDES FOUNDATION or any third-party, or to violate any applicable law. Notwithstanding the foregoing, neither THE MASKERAIDES FOUNDATION, nor Affiliates, Providers, Merchants, Sponsors, or Licensors can ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither THE MASKERAIDES FOUNDATION, nor Affiliates, nor any of their respective officers, directors, employees, agents or employees, nor any Provider, Merchant, Sponsor, or Licensor shall assume liability for any action or inaction with respect to conduct, communication, or Content (including User Submissions) on the Service.
Online Conduct
Any conduct by you that in THE MASKERAIDES FOUNDATION's sole discretion restricts or inhibits any other user from using or enjoying the Service will not be permitted. You agree to use the Service in accordance with these Terms of Use and only for lawful purposes.
You agree that you will not use the Service to send unsolicited advertising, promotional material, or other forms of solicitation to other users, except in specified areas, if any, that are specifically designated for such a purpose. The provisions of these Terms of Use are for the benefit of THE MASKERAIDES FOUNDATION, Affiliates and the Service Providers, Merchants, Sponsors and Licensors, and each shall have the right to assert and enforce such provisions directly against the violator on its own behalf.
Privacy Policy
We recognize and respect the importance of maintaining the privacy of our users, customers and subscribers and have established a privacy policy as a result. In our Privacy Policy, which constitutes part of these Terms of Use, we describe why we gather information from users, customers, and subscribers, what information we collect, how we collect it, what we use the information for and how you can instruct us if you prefer to limit the use of information about you. We encourage you to carefully read our Privacy Policy.
Indemnity
You agree to indemnify, defend and hold harmless THE MASKERAIDES FOUNDATION, Affiliates and any of their respective officers, directors, agent or employees, from and against any and all liability, claims, costs and expenses (including without limitation reasonable legal fees and expenses), brought by any third-party alleging, arising, related or resulting from (i) your use (or use by any third-party using your account) of the Service, including in violation or breach of the Terms of Use, (ii) your User Submissions or (iii) your violation of any applicable law, rule or regulation.
Severability
If any term or other provision of these Terms of Use are deemed by a final court of competent jurisdiction to be invalid, illegal or incapable of being enforced by any rule of law, or public policy, all other terms, conditions and provisions of this these Terms of Use shall nevertheless remain in full force and effect to the maximum extent permitted by law. Upon such determination that any term or other provision is invalid, illegal or incapable of being enforced, the court shall modify only the affected term, condition or provision to effect the original intent of the parties as closely as possible so that the contemplated transactions are fulfilled and THE MASKERAIDES FOUNDATION and Affiliates are protected to the greatest extent possible.
Acknowledgment and Changes
This Agreement represents the entire understanding between you and THE MASKERAIDES FOUNDATION regarding your relationship with THE MASKERAIDES FOUNDATION and supersedes any prior statements or representations. YOU AGREE TO BE BOUND BY THESE TERMS OF USE by accessing any areas of the Service, or using the telephone, catalog, radio, television, mobile device and any other form of media.
We reserve the right to change the Terms of Use at any time. If we make any change to the Terms of Use, we will post those changes on this, or any other appropriate page, and they will become effective upon the later of 1) the date specified by ATHE MASKERAIDES FOUNDATION, if any, or 2) the posting. By accessing the Service after changes are made to the Terms of Use and posted on the Service, you agree to be legally bound and to abide by the amended terms. (REV 05312020).
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