WEBSITE TERMS AND CONDITIONS OF USE AND PRIVACY POLICY

 

Ventura County Comets offers this website, including all information and services available from this website or offered as part of or in conjunction with this website (the "Website"), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Your continued use of the Website constitutes your agreement to all such terms, conditions and notices.

 

Personal and Noncommercial Use

The Website is for your personal and noncommercial use. As a condition to your continued use of the Website, you warrant to Ventura County Comets that you will not use the Website for any purpose that is unlawful or prohibited by these terms and conditions of use.

 

No Warranties

USE THE WEBSITE AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. Neither Ventura County Comets nor its agents, third party information providers, merchants, licensors or the like warrant that the Website or its operation will be accurate, reliable, uninterrupted or error-free. No agent or representative has the authority to create any warranty regarding the Website on behalf of Ventura County Comets.

 

Exclusion of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Ventura County Comets OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, STORING OR DISTRIBUTING THE WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH USE OF THE WEBSITE, DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

 

Featured Links and Linking

The Website may contain hyperlinks to websites offered by parties other than Ventura County Comets.  Such hyperlinks are provided for your reference and convenience only. Ventura County Comets does not control such other websites and is not responsible for their content; nor does Ventura County Comets's inclusion of hyperlinks to such websites imply any endorsement of the material on such websites or any association with their operators.

 

Unless you are subsequently advised otherwise by Ventura County Comets, you are hereby licensed to create hyperlinks to the content on the Website, provided that the hyperlink accurately describes the content as it appears on the Website. Ventura County Comets reserves the right to revoke this license generally, or your right to use specific links, at any time, and may normally break any hyperlink after 30 days. Only with explicit permission may you "frame" the Website or any of its content or copy portions of the Website to a server. Each page within the Website must be displayed in full (including all trademarks, branding, advertising and promotional materials), without any accompanying frame, border, margin, design, branding, trademark, advertising or promotional materials not originally displayed on the page within the Website.

 

Software Available on Website

Any software that is made available to download from this Website is the copyrighted work of Ventura County Comets and/or its suppliers. Your use of the software is governed by the terms of the End User License Agreement, if any, that accompanies or is included with the software. You may not install or use any software without first agreeing to the terms of such End User License Agreement. For any software not accompanied by an End User License Agreement, Ventura County Comets hereby grants to you a personal, nontransferable license to use the software for viewing and other purposes within the scope of use of such software anticipated by Ventura County Comets in accordance with these terms and conditions, and for no other purpose. Any such software is provided to you subject to the warranty and liability exclusions set forth in these terms and conditions.

 

Copyright

Except for material in the public domain under United States copyright law, all material contained on the Website (including all software, HTML code, Java applets, Active X controls and other code) is protected by United States and foreign copyright laws. Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Website without the prior consent of the copyright owner. Violation of this provision may result in severe civil and criminal penalties.

 

You may make single copies of materials displayed on the Website for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Website. You may not distribute such copies to others, whether or not for a charge or other consideration, without prior written permission from Ventura County Comets or the copyright owner of the copied material. Requests to reproduce materials on the Website for distribution or other purposes should be submitted via the online contact form.

 

Copyright Infringement

Ventura County Comets will not tolerate copyright infringement of any kind.  However, Ventura County Comets does not necessarily monitor user-submitted materials for copyright infringement.  If you believe that any material on the Website infringes your copyright, you may seek to have the material removed by sending Ventura County Comets a notice that includes all of the following information: your full name, address and telephone number your e-mail address identification of the copyrighted work(s) that you believe is being infringed identification of the infringing material and information sufficient for Ventura County Comets to locate the material your statement of good faith belief that (a) the material infringes your copyrights, (b) the information provided in the notice is accurate and (c) under penalty of perjury, you are authorized to act for the copyright owner your physical or electronic signature

 

Upon receipt of notice complying with the above requirements, Ventura County Comets will act to remove infringing materials and, if applicable, send notice to the user that posted such materials on the Website.

 

If Ventura County Comets removes materials posted by you as a user due to alleged copyright infringement, you may seek to have the materials reinstated by notifying the Website in writing, including the following information:

 

your full name, address and telephone number

your e-mail address

identification of the material that has been removed or to which access has been disabled, including its location before it was removed or disabled

your statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material

your statement consenting to the jurisdiction of the Federal District Court for the district in which your address is located, or, if you reside outside of the United States, for the Eastern District of Virginia, and that you will accept service of process from the person who provided notice of copyright infringement or from such person's agent

your physical or electronic signature

 

Upon receipt of a notice meeting the above requirements, Ventura County Comets will send a copy of the notice to the copyright owner who initially claimed copyright infringement. Within 10 to 14 days following receipt of the notice, Ventura County Comets will replace or enable access to the removed material unless the Website receives notice from the copyright owner who submitted the first notification that it has filed an action seeking a court order to restrain the user that posted the materials from engaging in infringing activity. Please note that parties who misrepresent that materials are infringing or were removed by mistake or misidentification are subject to substantial civil liability to Ventura County Comets and/or the copyright owner or Website user.

 

Public Posting Areas

You agree not to use the Website to send or submit for public posting any libelous, slanderous, defamatory, abusive, obscene, profane, sexually explicit, threatening, harmful or illegal material, material containing blatant expressions of bigotry, racism or hate, material encouraging conduct that would constitute a criminal offense, give rise to civil liability or violate any local, state, national or international law, or other material of any kind that Ventura County Comets finds objectionable.

 

The public posting areas are for discussion and debate only. You may not use the public posting areas to post or transmit advertisements or commercial solicitations of any kind. You may not post or transmit any material of any nature, including text, audio, software, animation or photographs, belonging to any person or party other than yourself, without the prior written consent of such owner. Simply because material is available on the Internet does not mean it is in the public domain. The vast majority of materials on the Internet are protected by copyright and trademark laws.  Ventura County Comets shall have the right, but not the obligation, to monitor the posting areas of the Website to determine compliance with these Terms and Conditions and any other operating rules that may be established by Ventura County Comets from time to time.

 

By posting messages or other material in the public posting areas of the Website, you are granting to Ventura County Comets and its licensees a worldwide, royalty-free, perpetual, non-exclusive and irrevocable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any posting by you (in whole or in part) and/or to incorporate it in other works in any form, media or technology now known or hereafter developed.

 

Termination of Privileges

Ventura County Comets reserves the right to terminate your privilege of using all or any portion of the Website if you breach any of these terms and conditions of use. If Ventura County Comets receives notice or otherwise discovers that you have posted material that infringes another party's copyright or trademark rights or violates another party's rights of privacy or publicity, Ventura County Comets may terminate your access to the Website, including all of your privileges or accounts that you may have established in connection with the Website.

 

General Privacy

 

For each visitor to the Website, the servers automatically collect information about which pages are visited and the domain name of visitors. This information is used for internal review, to tailor information to individual visitors and for website traffic audits. We do not provide this information about our users to any advertisers or third-party market researchers.

 

Through your use of the Website, Ventura County Comets may collect information about you that identifies you or your household. Normally, you would provide such information when specifically asked for it by the Website. Any information in Ventura County Comets 's possession solely as a result of your use of the Website and that is associated with you or your household is considered "Personal Information." It consists of both information supplied by you (e.g. name, address, telephone number and e-mail address) and information collected about how you use the Website. It does not include aggregate information or information that you have made public on the Website or that is otherwise publicly available.

 

Ventura County Comets uses Personal Information only for purposes necessary to provide the Website and other products and services to you.

 

General

These Terms and Conditions constitute the entire agreement and understanding between you and Ventura County Comets with respect to use of the Website, superseding all prior or contemporaneous communications and/or proposals. Ventura County Comets reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location. By continuing to use the Website, you are agreeing to all changes made by the Website. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based upon or relating to use of the Website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

The Website is controlled and operated by Ventura County Comets from its principal office in the United States of America. Ventura County Comets makes no representation that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. The Website is not intended to subject Ventura County Comets to the laws or jurisdiction of any country or territory other than the United States of America.