PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING www.eisemanncenter.com web site (the "Site"). This Site is operated by the City of Richardson, Texas (the “City”). By accessing and using this Site, you agree to the terms and conditions set forth herein (the "Agreement"). This Site and the Services (as defined below) are only open to users 13 years of age or older. If you do not agree with all of the terms and conditions of the Agreement, do not use this Site. By registering for this Site, you will automatically be registered to use all of the services offered by the Site, including but not limited to email services, instant messaging, and shopping. The City reserves the right to change or alter the terms and conditions of this Agreement at any time, which changes shall become effective immediately upon the posting thereof. Please review the terms and conditions of this Agreement periodically. The use of the Site following the posting of changes constitutes your acceptance of the new terms and conditions of the Agreement. For your information, this page was last updated on August 17, 2004.
OWNERSHIP OF INTELLECTUAL PROPERTY All Site software, design, text, images, photographs, illustrations, audioclips, videoclips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of the City, its assigns, licensors, or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. The City hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use the Material for noncommercial and personal use only, provided that you maintain all copyright and other notices contained in such Material, and comply with all copyright, trademark or other applicable law. You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the prior written consent of the City. You may not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.
CONTESTS , E-MAIL SERVICES, AND OTHER ACTIVITIES The City provides Rules of Participation for certain activities on this Site including, without limitation, e-mail services, contests, and auctions by the City and in conjunction with third parties. To the extent that any conflict exists between this Agreement and specific Rules of Participation, the Rules of Participation for the activity in which a user participates shall govern.
DISCLAIMER AND LIMITATION OF LIABILITY THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. The City of Richardson is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT ALLOWED BY LAW, THE CITY , ITS OFFICERS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY THE CITY OR ANY THIRD PARTY.
HYPERLINKS TO THIRD PARTY SITES The appearance of external hyperlinks does not constitute endorsement by the City of the opinions or views expressed by these linked websites and the City does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, the City is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, the City is not responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or postings from the end user, the City does not assume or have any responsibility or liability for the manner in which the Information or postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. The City shall not be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.
INDEMNIFICATION The user agrees to indemnify, defend and hold harmless, the City, its officers, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by the user.
MISCELLANEOUS The City operates this Site from its offices at 411 W. Arapaho, Richardson, Texas, 75080, United States of America. This Site is intended exclusively for residents of the United States.
This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legally enforceable, and shall remain, as modified, in full force and effect. This Agreement is governed by the laws of the State of Texas (without regard to any principles of conflict of laws), and the user consents to the jurisdiction of the courts of the State of Texas in Dallas County, Texas.
QUESTIONS AND CONCERNS The City is a registered municipality. We can be reached by email at firstname.lastname@example.org.
Personal information is defined as information that includes a person's full name, address, telephone number, date of birth and/or email address or any other information that is intended to identify or contact the user, unless stated on the Site. The City may gather information on users in two different ways: (1) cookie technology; and (2) voluntary submissions.
We utilize cookie technology to collect data regarding the number of visits a person has made to the Site. This data is stored in aggregate form and is in no way singled out in an individual file. This information allows the City to know what pages/sites are of interest to our users. This information is utilized to revise the Site to better serve our users. The City also collects personally identifiable information from users through voluntary submissions. The City uses good faith efforts to make it clear why the information is being collected and what use will be made of it. In the event information is to be shared with a third party the City will use good faith efforts to post a notice on the Site indicating that the information may be shared with third parties and/or provide the user the opportunity to opt-in to authorize the sharing of such information.
When a user orders products, the City may also collect personally identifiable information from the user. If a user orders products or services, the City will collect and maintain the user name, e-mail address, billing address, shipping address, telephone number, product selections, credit card or other payment information, order number, referring URL, IP address and a password. The City collects this and other information, as disclosed in this policy, to process the order and communicate with the user about the order, and to send promotional materials. Before confirming your order, the user will have the opportunity to review and change the product order form. Changes will be automatically kept for future use. The City will use good faith efforts not to provide third parties with access to your individual account information, unless stated otherwise on the Site. The City reserves the right to provide non-identifiable consumer data to third parties including, but not limited to, general statistics about pages viewed on our site, sales and other shopping information.
Unless specified otherwise on the Site, users must be 18 years or older before registering for any contests. When contests are open to users 13-17 years old, the City will collect only first and last names, phone numbers and email addresses for prize fulfillment purposes only, unless otherwise stated on the Site. If a contest winner is under 18 years of age a consent form signed by the winner's parent or guardian is required to award the prize.
The City has taken steps to ensure that personally identifiable information collected is secure, including limiting the number of persons who have access to the database servers, as well as electronic security systems and password protections that are intended to guard against unauthorized access.
The City encourages users to be smart about choosing when, and to whom, to release information online.
The City also allows users or their parents to opt out of the Site database in the following ways:
To remove user name or child's name from the database of a specific contest or other similar activity: Send an e-mail to email@example.com with the following information in the body of the e-mail form:
•Email address used to register
•Name of sweepstakes or contest or activity entered
(2) To remove user name or child's name from the City database entirely, send an e-mail to firstname.lastname@example.org with the following information in the body of the e-mail form:
•Email address used to register