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| To provide the opportunity for people of all ages to develop an appreciation for the performing arts through participation, thus instilling characteristics of integrity, dedication, excellence and good citizenship. |
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| To continue a tradition of pride, respect, and excellence of a champion. |
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Welcome to the Santa Clara Vanguard website
(www.scvanguard.org). The following are the rules or "Terms"
that govern use of the Santa Clara Vanguard Web site ("Site").
By using or visiting the Site, you expressly agree to be bound by
these Terms and to follow these Terms and all applicable laws and
regulations governing the Site. The Santa Clara Vanguard reserves
the right to change these Terms at any time, effective immediately
upon posting on the Site. Please check this page of the Site periodically.
We will note when there are updates to the Terms of Use on this
page. If you violate these Terms, the Santa Clara Vanguard may terminate
your use of the Site, bar you from future use of the Site, and/or
take appropriate legal action against you.
No Deep Linking
You agree that you are only authorized to
visit, view and to retain a copy of pages of this Site for your
own personal use, and that you shall not duplicate, download, publish,
modify or otherwise distribute the material on this Site for any
purpose other than to review event and promotional information,
for personal use, or to purchase merchandise for your personal use,
unless otherwise specifically authorized by the Santa Clara Vanguard
to do so. You also agree not to deep-link to the site for any purpose,
unless specifically authorized by the Santa Clara Vanguard to do
so. The content and software on this Site is the property of the
Santa Clara Vanguard and/or its suppliers and is protected by U.S.
and international copyright laws. We post a legal notice and various
credits on pages of the Site, which may not be removed. Please do
not remove this notice or these credits, or any additional information
contained along with the notices and credits.
User Contributions to the Site
There may be opportunities for you to contribute
to the Site. These may include, among others, uploading your user
profile, participating in chats, using our discussion forum, etc.
which collectively, we call "Content". The Santa Clara
Vanguard is not liable or responsible for any Content provided by
its users or other third parties to the Site ("User Content").
The contributions of third parties do not necessarily represent
the view or opinions of the Santa Clara Vanguard. The Santa Clara
Vanguard cannot preview User Content before it appears. Users can
be held liable for any illegal or prohibited User Content they provide
to the Site, including among other things, infringing, defamatory
or offensive materials. If you discover this kind of material on
the Site, please notify the webmaster.
We will investigate your claim and may then take the actions deemed
appropriate.
Links and Search Results
The Site may automatically produce search
results that reference or link to third party sites throughout the
World Wide Web. The Santa Clara Vanguard have no control over these
sites or the content within them. The Santa Clara Vanguard cannot
guarantee, represent or warrant that the content contained in the
sites is accurate, legal and/or inoffensive. The Santa Clara Vanguard
does not endorse the content of any third party site, nor do we
warrant that they will not contain viruses or otherwise impact your
computer. By using the Site to search for or link to another site,
you agree and understand that you may not make any claim against
the Santa Clara Vanguard for any damages or losses, whatsoever,
resulting from your use of the Site to obtain search results or
to link to another site. If you have a problem with a link from
the Site, please notify the webmaster, and we will investigate your
claim and take any actions we deem appropriate in our sole discretion.
Prohibited Content
The following is a partial list of the kind
of Content which is illegal or prohibited on the Site. It includes
Content that:
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is patently offensive to the online community,
such as Content that promotes racism, bigotry, hatred or physical
harm of any kind against any group or individual;
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could be harmful to minors;
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harasses or advocates harassment of another
person;
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involves the transmission of "junk mail",
"chain letters", or unsolicited mass mailing or
"spamming";
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promotes information that you know is false,
misleading or promotes illegal activities or conduct that
is abusive, threatening, obscene, defamatory or libelous;
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promotes an illegal or unauthorized copy of
another person's copyrighted work, such as providing pirated
computer programs or links to them, providing information
to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated music files;
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contains restricted or password only access
pages, or hidden pages or images (those not linked to or from
another accessible page);
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displays pornographic or sexually explicit
material of any kind;
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provides material that exploits people under
the age of 18 in a sexual or violent manner, or solicits personal
information from anyone under 18;
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provides instructional information about illegal
activities such as making or buying illegal weapons, violating
someone's privacy, or providing or creating computer viruses;
-
solicits passwords or personal identifying
information for commercial or unlawful purposes from other
users; and
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engages in commercial activities and/or sales
without our prior written consent such as contests, sweepstakes,
barter, advertising, and pyramid schemes.
Offline Conduct
Although the Santa Clara Vanguard can not monitor the conduct of
its Users off the Site, it is also a violation of these rules to
use any information obtained from this Site in order to harass,
abuse, or harm another person, or in order to contact, advertise
to, solicit or sell to any User without their prior explicit consent.
No Commercial Use
The discussion forum, chat and other areas of this Site may not
be used by our visitors for any commercial purposes such as to conduct
sales of tickets, merchandise or services of any kind, with the
exception of those areas specified for such transactions. You must
obtain our prior written consent to make commercial offers of any
kind, whether by advertising, solicitations, links, or any other
form of communication. Without limiting the foregoing, you may not
resell or link to other sites for the purpose of selling tickets
of any kind. We will investigate and take appropriate legal action
against anyone who violates this provision, including without limitation,
removing the offending communication from the Site and barring such
violators from use of the Site.
Access and Interference
You agree that you will not use any robot, spider, other automatic
device, or manual process to monitor or copy our web pages or the
content contained thereon or for any other unauthorized purpose
without our prior expressed written permission. You agree that you
will not use any device, software or routine to interfere or attempt
to interfere with the proper working of the Santa Clara Vanguard
web site. You agree that you will not take any action that imposes
an unreasonable or disproportionately large load on our infrastructure.
You agree that you will not copy, reproduce, alter, modify, create
derivative works, or publicly display any content (except for your
own person, non-commercial use) from our website without the prior
expressed written permission of the Santa Clara Vanguard.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not
limited to, unauthorized ticket sales, unauthorized framing of or
linking to the Site, or unauthorized use of any robot, spider or
other automated devise on the site, will be investigated and appropriate
legal action will be taken, including without limitation civil,
criminal and injunctive redress.
Violation of the Terms
You understand and agree that, in the Santa Clara Vanguard's sole
discretion, and without prior notice, the Santa Clara Vanguard may
terminate your access to the Site or exercise any other remedy available
and remove any unauthorized User Content, if the Santa Clara Vanguard
believes that the User Content you provided has violated or is inconsistent
with these Terms of Use or violated the rights of the Santa Clara
Vanguard, another User or the law. You agree that monetary damages
may not provide a sufficient remedy to the Santa Clara Vanguard
for violations of these terms and conditions and you consent to
injunctive or other equitable relief for such violations. The Santa
Clara Vanguard may release user information about you if required
by law or subpoena, or if the information is necessary or appropriate
to release to address an unlawful or harmful activity. The Santa
Clara Vanguard is not required to provide any refund to you if you
are terminated as a User because you have violated these Terms of
Use.
Privacy
We believe that your privacy and the privacy of all our users is
important. Please review our Privacy Policy.
By posting Content to the Site, you authorize us to use or allow
others to distribute, reproduce or otherwise use the Content. The
Santa Clara Vanguard is not liable for any lost data resulting from
the operation of our Site and/or the enforcement of the Terms. We
urge all users to maintain their own back up versions of any content
they submit to the Site. Other than in registration forms, or when
entering a contest on the Site that is sponsored by us, you should
not post information about yourself on the Site that can be used
to identify you, your home or work address, phone numbers, pagers,
email address or other such personal information. The Santa Clara
Vanguard cannot prevent such information from being used in a manner
that violates these rules, the law, or your personal privacy and
safety. By posting such information on the Site, you violate these
Terms of Use, and you assume the risks and sole liability for the
results of such posting.
Copyright Policy
We will terminate the privileges of any user who uses this Site
to unlawfully transmit copyrighted material without a license express
consent, valid defense or fair use exemption to do so. In particular,
users who submit Content to this Site, whether articles, images,
stories, software or other copyrightable material must ensure that
the Content they upload does not infringe the copyrights or other
rights of third parties (such as privacy or publicity rights). After
proper notification by the copyright holder or it agent to us, and
confirmation through court order or admission by the user that they
have used this Site as an instrument of unlawful infringement, we
will terminate the infringing users' rights to use and/or access
to this Site. We may, also in our sole discretion, decide to terminate
a user's rights to use or access to the Site prior to that time
if we believe that the alleged infringement has occurred.
Disclaimers
The Santa Clara Vanguard does not promise that the Site will be
error-free, uninterrupted, nor that it will provide specific results
from use of the Site or any Content, search or link on it. The Site
and its Content are delivered on an "as-is" and "as-available"
basis. The Santa Clara Vanguard can not ensure that files you download
from the Site will be free of viruses or contamination or destructive
features. The Santa Clara Vanguard disclaims all warranties, express
or implied, including also any implied warranties of merchantability
and fitness for a particular purpose. The Santa Clara Vanguard will
not be liable for any damages of any kind arising from the use of
this Site, including without limitation, direct, indirect, incidental,
and punitive and consequential damages. The Santa Clara Vanguard
makes no guarantee of any specific result from use of this Site.
The Santa Clara Vanguard disclaims any and all liability for the
acts, omissions and conduct of any third party users, the Santa
Clara Vanguard users, advertisers and/or sponsors on the Site, in
connection with the Santa Clara Vanguard services or otherwise related
to your use of the Site and/or the Santa Clara Vanguard services.
The Santa Clara Vanguard is not responsible for the products, services,
actions or failure to act of any venue, performer, promoter or other
third party in connection with or referenced on the Site. Without
limiting the foregoing, you may report the misconduct of users and/or
third party advertisers, service and/or product providers referenced
on or included in the Site to the Santa Clara Vanguard by emailing
the responsible party.
The Santa Clara Vanguard may investigate the claim and take appropriate
action, in its sole discretion.
Limitation on Liability
Except in jurisdictions where such provisions are restricted, in
no event will the Santa Clara Vanguard be liable to you for any
indirect, consequential, exemplary, incidental, special or punitive
damages, including also lost profits, even if the Santa Clara Vanguard
has been advised of the possibility of such damages.
Disputes
If there is any dispute about or involving the Site, by using the
Site, you agree that the dispute will be governed by the laws of
the State of California without regard to its conflict of law provisions.
You agree to personal jurisdiction by and venue in the state and
federal courts of the State of California, City of Santa Clara.
Indemnity
You agree to indemnify and hold the Santa Clara Vanguard, its affiliates,
officers, agents and other partners and employees, harmless from
any loss, liability, claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your use
of the Site, including also your use of the Site to provide a link
to another site or to upload content or other information to the
Site.
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