Terms of Use Agreement
Read This Terms of Use Agreement Before Accessing Website.
This Terms of Use Agreement sets forth the standards of use of the Celebrating Patsy
Cline, Inc. Online Service. By using the www.celebratingpatsycline.org website or
the www.patsyclinemuseum.com website you (the “Member”) agree to these terms and
conditions. If you do not agree to the terms and conditions of this agreement, you
should immediately cease all usage of this website. We reserve the right, at any
time, to modify, alter, or update the terms and conditions of this agreement without
prior notice. Modifications shall become effective immediately upon being posted
at www.celebratingpatsycline.org or www.patsyclinemuseum.com website. Your continued
use of the Service after amendments are posted constitutes an acknowledgement and
acceptance of the Agreement and its modifications. Except as provided in this paragraph,
this Agreement may not be amended.
1. Description of Service
Celebrating Patsy Cline, Inc. is providing Member with information about Patsy Cline
and the Patsy Cline Museum. Member must provide (1) all equipment necessary for
their own Internet connection, including computer and modem and (2) provide for
Member’s access to the Internet, and (3) pay any fees relate with such connection.
2. Disclaimer of Warranties
The site is provided by Celebrating Patsy Cline, Inc. on an “as is” and on an “as
available” basis. To the fullest extent permitted by applicable law, Celebrating
Patsy Cline, Inc. makes no representations or warranties of any kind, express or
implied, regarding the use or the results of this web site in terms of its correctness,
accuracy, reliability, or otherwise. Celebrating Patsy Cline, Inc. shall have no
liability for any interruptions in the use of this Website. Celebrating Patsy Cline,
Inc. disclaims all warranties with regard to the information provided, including
the implied warranties of merchantability and fitness for a particular purpose,
and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties;
therefore the above-referenced exclusion is inapplicable.
3. Limitation of Liability
Celebrating Patsy Cline, Inc. SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND
IN PARTICULAR CELEBRATING PATSY CLINE, INC. SHALL NOT BE LIABLE FOR ANY SPECIAL,
INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS
OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION
CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER
STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CELEBRATING PATSY CLINE, INC.
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW
FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
4. Indemnification
Member agrees to indemnify and hold Celebrating Patsy Cline, Inc., its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim or demand,
including reasonable attorneys’ fees and costs, made by any third party due to or
arising out of Member’s use of the Service, the violation of this Agreement, or
infringement by Member, or other user of the Service using Member’s computer, of
any intellectual property or any other right of any person or entity.
5. Modifications and Interruption to Service
Celebrating Patsy Cline, Inc. reserves the right to modify or discontinue the Service
with or without notice to the Member. Celebrating Patsy Cline, Inc. shall not be
liable to Member or any third party should Celebrating Patsy Cline, Inc. exercise
its right to modify or discontinue the Service. Member acknowledges and accepts
that Celebrating Patsy Cline, Inc. does not guarantee continuous, uninterrupted
or secure access to our website and operation of our website may be interfered with
or adversely affected by numerous factors or circumstances outside of our control.
6. Third-Party Sites
Our website may include links to other sites on the Internet that are owned and
operated by online merchants and other third parties. You acknowledge that we are
not responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or Webmaster for those
third-party sites if you have any concerns regarding such links or the content located
on such sites. Your use of those third-party sites is subject to the terms of use
and privacy policies of each site, and we are not responsible therein. We encourage
all Members to review said privacy policies of third-parties’ sites.
7. Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors
or collected from publicly available sources. While Celebrating Patsy Cline, Inc.
makes every effort to ensure that the information on this website is accurate, we
can make no representations or warranties as to the accuracy or reliability of any
information provided on this website.
Celebrating Patsy Cline, Inc. makes no warranties or representations whatsoever
with regard to any product provided or offered by any Vendor, and you acknowledge
that any reliance on representations and warranties provided by any Vendor shall
be at your own risk.
8. Governing Jurisdiction of the Courts in Virginia
Our website is operated and provided in the Commonwealth of Virginia. As such, we
are subject to the laws of the Commonwealth of Virginia, and such laws will govern
this Terms of Use, without giving effect to any choice of law rules. We make no
representation that our website or other services are appropriate, legal or available
for use in other locations. Accordingly, if you choose to access our site you agree
to do so subject to the internal laws of the Commonwealth of Virginia.
9. Compliance with Laws
Member assumes all knowledge of applicable law and is responsible for compliance
with any such laws. Member may not use the Service in any way that violates applicable
state, federal, or international laws, regulations or other government requirements.
Member further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise violate
any applicable local, state, national, or international law or regulation.
10. Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is ©2008 Celebrating Patsy
Cline, Inc.com, with all rights reserved, or is the property of Celebrating Patsy
Cline, Inc. and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind, without
prior written permission of an authorized officer of Celebrating Patsy Cline, Inc.
is strictly prohibited. Members agree that they will not use any robot, spider,
or other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of Celebrating Patsy Cline, Inc.
Celebrating Patsy Cline, Inc.™ and Celebrating Patsy Cline, Inc.com™ are proprietary
marks of Celebrating Patsy Cline, Inc. com. Celebrating Patsy Cline, Inc.’s trademarks
may not be used in connection with any product or service that is not provided by
Celebrating Patsy Cline, Inc., in any manner that is likely to cause confusion among
customers, or in any manner that disparages or discredits Celebrating Patsy Cline,
Inc.
All other trademarks displayed on Celebrating Patsy Cline, Inc.’s website are the
trademarks of their respective owners, and constitute neither an endorsement nor
a recommendation of those Vendors. In addition, such use of trademarks or links
to the web sites of Vendors is not intended to imply, directly or indirectly, that
those Vendors endorse or have any affiliation with Celebrating Patsy Cline, Inc.
11. Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the
Digital Millennium Copyright Act, Celebrating Patsy Cline, Inc.com designates the
following individual as its agent for receipt of notifications of claimed copyright
infringement.
Counsel, Celebrating Patsy Cline, Inc.
By Mail: PO Box 3900, Winchester, Virginia 22604
By Telephone: 888-608-2726
By Email: info@celebratingpatsycline.org
12. Botnets
Celebrating Patsy Cline, Inc. retains the right, at our sole discretion, to terminate
any accounts involved with botnets and related activities. If any hostnames are
used as command and control points for botnets, Celebrating Patsy Cline, Inc. reserves
the right to direct the involved hostnames to a honeypot, loopback address, logging
facility, or any other destination at our discretion.
13. Other Terms
If any provision of this Terms of Use Agreement shall be unlawful, void or unenforceable
for any reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum possible
extent. You agree that this Terms of Use Agreement and any other agreements referenced
herein may be assigned by Celebrating Patsy Cline, Inc., in our sole discretion,
to a third party in the event of a merger or acquisition. This Terms of Use Agreement
shall apply in addition to, and shall not be superseded by, any other written agreement
between us in relation to your participation as a Member. Member agrees that by
accepting this Terms of Use Agreement, Member is consenting to the use and disclosure
of their personally identifiable information and other practices described in our
Privacy Policy Statement.
Celebrating Patsy Cline, Inc. Website Privacy Statement
1. ACKNOWLEDGEMENT AND ACCEPTANCE OF TERMS
Celebrating Patsy Cline, Inc. is committed to protecting your privacy. This Privacy
Statement sets forth our current privacy practices with regard to the information
we collect when you or your computer interact with our website. By accessing www.celebratingpatsycline.org
or www.patsyclinemuseum.com, you acknowledge and fully understand Celebrating Patsy
Cline, Inc.’s Privacy Statement and freely consent to the information collection
and use practices described in this Website Privacy Statement.
2. PARTICIPATING MERCHANT POLICIES
Related services and offerings with links from this website, including vendor sites,
have their own privacy statements that can be viewed by clicking on the corresponding
links within each respective website. Online merchants and others who participate
in Celebrating Patsy Cline, Inc. services are encouraged to participate in industry
privacy initiatives and to take a responsible attitude towards consumer privacy.
However, since we do not have direct control over the policies or practices of participating
merchants and other third parties, we are not responsible for the privacy practices
or contents of those sites. We recommend and encourage that you always review the
privacy policies of merchants and other third parties before you provide any personal
information or complete any transaction with such parties.
3. INFORMATION WE COLLECT AND HOW WE USE IT
Celebrating Patsy Cline, Inc. may collect certain information from and about its
users three ways: directly from our Web Server logs, with Cookies, and the user.
a. Web Server Logs.
When you visit our Website, we may track information to administer the site and
analyze its usage. Examples of information we may track include:
- Your Internet protocol address.
- The kind of browser or computer you use.
- Number of links you click within the site.
- State or country from which you accessed the site.
- Date and time of your visit.
- Name of your Internet service provider.
- Web page you linked to our site from.
- Pages you viewed on the site.
b. Use of Cookies
Celebrating Patsy Cline, Inc. may use cookies to personalize or enhance your user
experience. A cookie is a small text file that is placed on your hard disk by a
Web page server. Cookies cannot be used to run programs or deliver viruses to your
computer. Cookies are uniquely assigned to you, and can only be read by a Web Server
in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save
you time. For example, if you personalize a web page, or navigate within a site,
a cookie helps the site to recall your specific information on subsequent visits.
Hence, this simplifies the process of delivering relevant content and eases site
navigation by providing and saving your preferences and login information as well
as providing personalized functionality.
Celebrating Patsy Cline, Inc. reserves the right to share aggregated site statistics
with partner companies, but does not allow other companies to place cookies on our
website unless there is a temporary, overriding customer value (such as merging
into Celebrating Patsy Cline, Inc.com a site that relies on third-party cookies).
You have the ability to accept or decline cookies. Most Web browsers automatically
accept cookies, but you can usually modify your browser setting to decline cookies.
If you reject cookies by changing your browser settings then be aware that this
may disable some of the functionality on our Website.
c. Personal Information Users
Visitors to our website can register to purchase services. When you register, we
will request some personal information such as name, address, email, telephone number
or facsimile number, account number and other relevant information. If you are purchasing
a service, we will request financial information. Any financial information we collect
is used only to bill you for the services you purchased. If you purchase by credit
card, this information may be forwarded to your credit card provider. For other
types of registrations, we will ask for the relevant information. You may also be
asked to disclose personal information to us so that we can provide assistance and
information to you. For example, such data may be warranted in order to provide
online technical support and troubleshooting.
We will not disclose personally identifiable information we collect from you to
third parties without your permission except to the extent necessary including:
- To fulfill your service requests for services.
- To protect ourselves from liability,
- To respond to legal process or comply with law, or
- In connection with a merger, acquisition, or liquidation of the company.
4. USE OF WEB BEACONS OR GIF FILES
Celebrating Patsy Cline, Inc. web pages may contain electronic images known as Web
beacons—sometimes also called single-pixel gifs—that allow Celebrating Patsy Cline,
Inc. to count users who have visited those pages and to deliver co-branded services.
Celebrating Patsy Cline, Inc .may include Web beacons in promotional e-mail messages
or newsletters in order to determine whether messages have been opened and acted
upon.
Some of these Web beacons may be placed by third party service providers to help
determine the effectiveness of our advertising campaigns or email communications.
These Web beacons may be used by these service providers to place a persistent cookie
on your computer. This allows the service provider to recognize your computer each
time you visit certain pages or emails and compile anonymous information in relation
to those page views, which in turn enables us and our service providers to learn
which advertisements and emails bring you to our website and how you use the site.
Celebrating Patsy Cline, Inc. prohibits Web beacons from being used to collect or
access your personal information.
5. ACCESSING WEB ACCOUNT INFORMATION
We will provide you with the means to ensure that personally identifiable information
in your web account file is correct and current. You may review this information
by contacting us by sending an email to our support attendant— info@celebratingpatsycline.org.
6. CHANGES TO THIS STATEMENT
Celebrating Patsy Cline, Inc. has the discretion to occasionally update this privacy
statement. We encourage you to periodically review this privacy statement to stay
informed about how we are helping to protect the personal information we collect.
Your continued use of the service constitutes your agreement to this privacy statement
and any updates.
7. CONTACTING US
If you have questions regarding our Privacy Statement, its implementation, failure
to adhere to this Privacy Statement and/or our general practices, please contact
us at info@celebratingpatsycline.org or send your comments to:
Celebrating Patsy Cline, Inc.
Attention: Privacy Statement Personnel
PO Box 3900, Winchester, Virginia 22604
Celebrating Patsy Cline, Inc. will use commercially reasonable efforts to promptly
respond and resolve any problem or question.
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