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Terms of Use

Website Terms and Conditions of Use and Privacy Policy

The foregoing terms and conditions of use (“Terms of Use”) are applicable to your use of any and all of the Nevada Sesquicentennial Committee’s (“NV 150”) websites.

By accessing or using this Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and shall comply with all applicable laws and regulations, including United States Copyright and Trademark laws. If you are using this website on behalf of an employee or third party principal, you represent that you are authorized to accept these Terms of Use on behalf of your employer or third party principal. If you do not accept the Terms of Use, immediately discontinue your use of this website.

GENERAL TERMS OF USE

SCOPE OF USE. NV 150 invites you to view and use this Website for your informational, noncommercial use. Except as otherwise provided in these Terms of Use, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of NV 150. You understand that NV 150 may discontinue, change or restrict your use of this Website for any reason without notice.

ONLINE CONDUCT. You agree to use the Website and any e-mail services provided through this website only for lawful purposes. Unacceptable uses of the Website include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person or entity; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Website or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; (viii) negligently or intentionally providing false or misleading content or information; or (viv) engaging in any other activity deemed by NV 150 to be in conflict with the spirit or intent of this Website.

MODIFICATIONS TO WEBSITE CONTENT. NV150 reserves the right, in its sole discretion, to change these Terms of Use or the content of this Website at any time, without prior notice, by posting the changes on the Website. For this reason, we encourage you to review the Website and these Terms of Use whenever you use our Website. Any changes, revisions, or modifications are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such changes, revisions or modifications to these Terms of Use. NV 150 may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website. NV 150 may modify its services at any time without prior notice.

DOCUMENTS FOR PERSONAL USE ONLY. You may download, view, copy and print documents and materials (such as press releases, news articles, and applications) (“Documents”) from the Website subject to the following: (a) the Documents may be used solely for personal, informational, noncommercial purposes; (b) the Documents may not be sold, modified or altered in any way; (c) the Documents may not be used for public display (commercial or non-commercial); (d) you may not attempt to decompile or reverse engineer any software contained on the Website; (e) you may not remove any copyright or other proprietary notations from the Documents; and (f) you may not transfer the Documents to another person or “mirror” the Documents on any other server. This is the grant of a license, not a transfer of title, interest, ownership or other rights or other interest. This license shall automatically terminate if you violate any of these restrictions and may be terminated by NV 150 at any time. Upon terminating your viewing of these Documents or upon termination of this license, you must destroy any downloaded Documents in your possession whether in electronic or printed format. Your use of any of the Documents from the Website is entirely at your own risk, for which NV 150 shall not be liable.

THIRD-PARTY WEBSITES, CONTENT, PRODUCTS AND SERVICES. The purpose of NV 150’s Website is to provide information about Nevada’s Sesquicentennial celebrations, events and sponsors. This Website may provide access to other websites, content, or information about events, products, ideas and services provided by third parties, some of whom may be coordinating events or projects related to the Sesquicentennial celebrations (collectively, “Third Party Content”). Access to Third Party Content is provided for your convenience to provide additional information regarding the Nevada Sesquicentennial. The presence of Third Party Content on the NV 150 Website shall not be interpreted as an endorsement by NV 150. By accessing Third Party Content through NV 150’s Website, you agree that NV 150 is not responsible for Third Party Content, including opinions, advice, statements and advertisements, or the availability or accuracy of the Third Party Content, and the user bears all risks associated with the access and use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that NV 150 is not responsible for (a) the quality or suitability of third party products or services, or (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that NV 150 is not responsible for any loss or damage of any kind that you may incur as a result of accessing Third Party Content or interacting with third parties. Third-party brands, logos, designs, names and content are the property of their respective owners.

Third parties submitting Third Party Content to NV 150 must agree to these Terms of Use. By submitting Third Party Content, third parties warrant that they have all rights, licenses, or permission in the Third Party Content provided to NV 150, including, but not limited, any and all copyrights, trademarks, patents, or any other rights or interests, and that the third party has the authority to grant NV 150 permission or license to use said Third Party Content on this Website and in any manner consistent with communications about the Nevada Sesquicentennial. Third parties submitting Third Party Content agree to indemnify, defend, reimburse and hold harmless NV 150, any of its members, directors, officers, employees, or agents from and against any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages and liabilities of any kind, arising in any manner out of NV 150’s use of Third Party Content.

NV 150 reserves the right to edit or modify any Third Party Content in any manner it deems appropriate for purposes of correcting grammatical or typographical errors or to accommodate website formatting issues. NV 150 reserves the right in its sole discretion to accept or reject Third Party Content.

NO WARRANTIES. All content on the NV 150 Website is provided on an “as is” and/or “as available” basis. NV 150 makes no representations or warranties of any kind whatsoever, express or implied, in connection with these Terms of Use or the content of the Website, including but not limited to any implied warranties of merchantability or infringement. NV 150 makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this Website. You are responsible for verifying any information before relying on it. Use of the Website and the content available on the Website is at your sole risk. NV 150 makes no representations or warranties that use of the Website will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Website is free of viruses.

LIMITATION OF LIABILITY. Your use of the NV 150 Website or any content provided thereon is at your own risk. NV 150 specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Website, including but not limited to (a) reliance by any party on any content obtained through the use of this Website, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user; (b) interruptions of business; (c) access delays or access interruptions to the Website; (d) data non-delivery, incorrect delivery, corruption, destruction, or other modification; (e) losses or damages of any kind incurred as a result of dealings with or the access to Third Party Content; (f) computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from Third Party Content; (g) the acts or omissions of third parties related to Third Party Content or events organized, sponsored or administered by third parties; or (h) events beyond our reasonable control, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the Website, or related information or programs.

INDEMNIFICATION. You agree to defend, indemnify and hold harmless NV 150 and its employees, contractors, agents, officers, managers, and other affiliated entities from and against all liabilities, actions, claims, losses, damages or costs, including reasonable attorneys’ fees, arising from or relating to: (a) use of this Website, Third Party Content, or Documents, including any data or work received by you or any service provider; (b) violation of these Terms of Use; (c) violation of any rights of a third party or service provider; and (d) claims of infringement arising from Third Party Content, including, but not limited, claims arising out of copyright, trademark, trade secret, patent, and other intellectual property. You also agree to indemnify NV 150 for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from use of data gathering and extraction tools, or any other action taken that imposes an unreasonable burden or load on the NV 150 infrastructure.

INTELLECTUAL PROPERTY RIGHTS. The Documents, text, design and layout of Nevada Sesquicentennial Website and any other NV 150 owned, operated, licensed or controlled website is the property of NV 150 and is protected by United States and international copyright laws. Copyright © 2012 Nevada Sesquicentennial Committee. All rights reserved. No logo, graphic, sound or image from any NV 150 Website may be copied or retransmitted unless expressly permitted by NV 150. NV 150 does not claim ownership of copyrights or trademarks owned by third parties which may appear on the Website as Third Party Content.

The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claims to NV 150’s designated agent listed below. For the notice to be effective, if must include the following information:

NV 150 owns trademark and service rights in its mark NEVADA 150 and NV 150, as well as all of the associated graphics, logos and service marks, and such trademarks or service marks may not be used without the prior written consent of NV 150. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.

All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to NV 150 in connection with your use of this Website shall be the exclusive property of NV 150. You agree that unless otherwise prohibited by law, NV 150 may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation or acknowledgment to you.

TERMINATION. Access to the Website may be terminated immediately by NV 150 without notice if NV 150 determines in its sole discretion that you fail to comply with any term or provision of these Terms of Use.

SECURITY. NV 150 reserves the right to monitor all network traffic to this Website to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Website in any fashion. Anyone using this Website expressly consents to such monitoring.

GOVERNING LAW. Any claim relating to this Website or arising under the terms of this Agreement shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions. Any suit, action or proceeding brought under this Terms of Use Agreement shall be brought in a court of competent jurisdiction sitting in Carson City County, Nevada. In any action to enforce the terms of this Terms of Use Agreement, NV 150 shall be entitled to recover all costs and fees associated with and incurred as a result of enforcing said terms, including, but not limited to, reasonable attorneys’ fees.

SEVERABILITY. If for any reason a court of competent jurisdiction finds any provision of these Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of these Terms of Use shall continue in full force and effect.

PRIVACY POLICY

NV 150 is committed to maintaining the privacy of the personal information you share with us over the Website. NV 150 values the trust and confidence you have placed in us, and to ensure that we live up to your trust, we have defined the procedures we will use to protect your information. As part of the normal operation of our services, NV 150 collects and, in some cases, may disclose information about you. We have created the following Privacy Policy to let you know what information we collect when you visit the Website, why we collect it, and how it is used. This Privacy Policy applies to all information that you provide to NV 150 (“us,” “we,” or “our”) and that we maintain electronically, through the Website located at www.nevada150.org. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Website. This Privacy Policy does not apply to any information that you may provide to third parties, such as those third party websites linked to this Website. You should contact such third parties directly to determine their respective privacy policies.

WHAT INFORMATION DO WE COLLECT AND WHY? NMCF collects General Information and certain Personal Information from users who visit this Website. General Information is collected and used to generate general statistics about visitors to the Website. ”General Information” is information about you or your activities on our Website that does not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host website you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, the number of times you visit a particular website, and your movement and interaction within that website on each visit.

NV 150 does not collect Personal Information about individuals, except when such information is provided to NV 150 on a volunteer basis. ”Personal Information” includes that information which can be used to identify the user, such as name, address, phone number, email address and other contact information. Personal Information may be gathered in connection with requests for information and/or application forms or comments entered through the Website. Before or at the time of collecting Personal Information, we will identify the purposes for which such information is being collected. NV 150 will collect and use Personal Information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes.

The Personal Information NV 150 collects is used to (i) respond to inquiries; (ii) provide customer services and resolve any complaints; (iii) improve the Website and service and resolve any technical problems; (iv) communicate with you concerning the services offered on the Website or Centennial events or volunteer opportunities in which the user has expressed interest or requested information; (v) cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (vi) create aggregate data; and (vii) comply with any applicable laws and regulations. We may provide your Personal Information to government officials and agencies as required by law, and the NV 150 Foundation as part of business operations, transaction processing, volunteer opportunities for which a user has expressed interest, and marketing efforts, as identified below. For purposes of this Privacy Policy, “Partner” shall mean any person or entity with whom we enter into any kind of business transaction who is under an obligation to us to use reasonable care to keep your Personal Information confidential.

Personal Information will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to “opt out” of receiving information about us and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, we reserve the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

DISCLOSURE OF INFORMATION. Except as provided in this Privacy Policy, NV 150 will not sell, trade, or disclose to third parties any Personal Information obtained by us about you through this Website without your prior consent. However, we may disclose Personal Information without prior consent (i) when we in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose us or you to legal liability; (ii) when required by law or to comply with a court order, subpoena, search warrant or other legal process, or by other reasonable request from law enforcement; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (iv) to protect and defend us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute; (v) to prevent imminent physical harm; (vi) to share aggregated statistical or demographic data with our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); and (vii) to provide data, including Personal Information about you, with our affiliates, subsidiaries and Partners to assist us in managing a database of customer information, distributing e-mails, direct marketing and data collection, volunteer coordination, and other services designed to assist us in maximizing our business potential. NV 150 may disclose general aggregate statistics derived from third parties. In the event we merge or are acquired by another company or committee formed by the Governor of the State of Nevada, the successor company or committee will have access to your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled “Changes to this Privacy Policy” below.

HOW WE PROTECT INFORMATION WE COLLECT. NV 150 will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. NV 150 employs a variety of security measures to protect the data that you submit to the Website. These measures include a combination of policy, physical and electronic measures that are intended to reduce the risk of unauthorized access to this data.

HOW LONG WE KEEP USER INFORMATION. NV 150 generally keeps user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it. Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.

SPECIAL NOTE ABOUT CHILDREN.NV 150 does not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our site under the age of 13 not to disclose or provide any Personal Information on our Website. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s website at www.ftc.gov for more information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible. This Website is targeted primarily for use by adults, meaning persons twenty-one (21) years of age and older. If you are under the age of 21, we ask that you do not provide any Personal Information to us.

CHANGES TO THIS PRIVACY POLICY. By using this Website, you agree to this Privacy Policy. We reserve the right to change, modify or amend this Privacy Policy at any time. When this Privacy Policy is changed, modified or amended, the revised Privacy Policy will be posted on this Website and be included within the Website’s Terms and Conditions. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy. It is your responsibility to periodically check and review our Privacy Policy for changes.

DISCLAIMER

The purpose of the Nevada Sesquicentennial Website is to provide information about Nevada’s Sesquicentennial celebrations, events, projects, sponsors and sponsorships. Submission of an Event or Project Application through NV 150’s Website is provided only as a convenience to applicants. Decisions to accept or deny an application are made by the Nevada Sesquicentennial Committee.

Designation of an event/project by NV 150 as an “official” Sesquicentennial event/project does not imply any guarantee or warranty, express or implied, of the event/project, nor of any of the products, services or fundraising activities associated with the event/project. NV 150 is not liable for any direct, indirect, incidental, consequential, special or exemplary damages or lost profit resulting from the applicant’s event/project or from a decision to accept or reject an application. An applicant submitting an application for an event/project using NV 150’s Website must review and accept its Terms of Use.

 

 

 

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