Last Updated October 24, 2017
- What We Collect. The Website collects two types of data – non-personally identifiable data and personally identifiable data.
- Personally Identifiable Information that may be collected by Company refers to any information that identifies or can be used to identify, contact, or locate a specific person to whom such information pertains including, but not limited to, first and last name, home or other physical mailing address, telephone number, contact preferences, birth date, e-mail address. For some activities accessed through the Platform, you may need a membership account and User ID, and we ask for some personal information when you create an account or donate money. This may include your email address and a password, which is used to protect your account from unauthorized access. Personally Identifiable Information does not include information that is collected anonymously (without identification of the individual user) including demographic information or usage on the site not connected to an identified individual.
- Log Files. The Website may use “log files.” Log files record internet protocol (IP) addresses, browser types, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the web applications, track a user’s movement in the aggregate, and gather broad demographic information for aggregate use. You do not have to register with us before we can collect this anonymous information.
- Navigational Data. As you use the Website, Company may gather navigational data that shows what features are visited and how long various features are used. This information will not reveal your identity or be linked to you personally. We use this information to facilitate and improve use of the Website and Services to comply with any requirements of law, to serve, or have a third party serve specialized or relevant advertising content and/or recommendations to you on the Website and for our internal purposes. We may, from time to time, supply the owners or operators of third party websites and web applications from which it is possible to link to Company’s Website with information relating to the number of users linking to the Website from their sites. You cannot be identified from this information.
- With Whom We Share it. Company may disclose your personally identifiable information to its strategic partners and service providers, such as, but not limited to, credit card processors or web analytics vendors. These third party service providers will have access to personal information needed to perform their functions, but may not use it for other purposes. We may also elect to share such information with third parties who may have an ability to offer you additional services that may interest you. If you provide personal information, you are thereby consenting to the use of that information in accordance with the policies and practices described in this Policy. Company does not typically share or sell information about our visitors with third parties unless explicitly authorized by the visitor to do so. However, at times we may make certain personal information available to strategic partners that work with Company to provide products and services, or that help Company market to customers, analyze sales data, maintain our records and provide other services for Company such as collection of site navigation information. Personal information will only be shared by Company to provide or improve its services and advertising; it will not be shared with third parties for their marketing purposes. Company may share personal information with companies who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in our services, and conducting customer research or satisfaction surveys. These companies are obligated to protect your information. We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Information may be shared in order to contact a winner of a sweepstakes or contest and arrange for fulfilment of a prize. Information may otherwise be shared when a visitor agrees to receive an offer from a third party by “opting-in” to receive such information. We may also disclose your personally identifiable information or otherwise use such information to communicate with you if required or permitted to do so by law or in good-faith believe that such action is necessary to: (i) conform to legal requirements or comply with legal process or any governmental request; (ii) protect and defend our rights or property and that of our users and licensors; (iii) enforce our applicable service agreements; or (iv) protect the personal safety or interests of our employees and consultants, other users of the Website, or members of the public in urgent circumstances. We may also disclose any of your personal information to law enforcement or other appropriate third parties in connection with criminal investigations, investigation of fraud, infringement of intellectual property rights, or other suspected illegal activities, or as otherwise may be required by applicable law, or, as Company deems necessary in its sole discretion, in order to protect its legitimate legal and business interests. We may disclose and transfer such information to a sponsor(s) or business who acquires all or a substantial portion of the business of Company, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets. In addition, in the event Company becomes the subject of a bankruptcy proceeding, whether voluntary or involuntary, Company or its trustee in bankruptcy may sell, license or otherwise dispose of such information in a transaction approved by the bankruptcy court.
- Children’s Privacy. We comply with the Children’s Online Privacy Protection Act and all other applicable laws and regulation protecting children’s privacy on the Internet. We do not knowingly collect, maintain, or disclose any personal information from children under the age of thirteen (13). To use this Website, persons must be over the age of thirteen. To make a purchase from this Website you must be at least eighteen (18) years old. As a parent or guardian, you can request us to remove personal information of your child that was submitted without your consent or by misrepresenting his or her age. At your request, we will take reasonable steps to remove such information from our database. All such requests should include the same information that your child submitted and should be sent to email.
- Security. Company takes appropriate security measures to protect against unauthorized access to, or unauthorized alteration, disclosure or destruction of, users’ information. Company restricts access to your personally identifying information to employees who need to know that information in order to operate, develop or improve our products, services and the web application. Our servers are protected by firewalls and are physically located in secure data facilities to further increase security. If you have any questions regarding which measures and techniques we use, feel free to contact us.
- Change of Control. In the event that another company acquires all or substantially all of the assets related to the Website, or if Company experiences some other change of control event such as merger, insolvency, bankruptcy or receivership, Company reserves the right to include any or all user-related information among the assets transferred to the acquiring company. Company cannot guarantee that any entity receiving such information in connection with any of these transactions will comply with all the terms of this policy.
- Use of Text, Graphics, Images, Logos, Software, Code, and Related Material. All text, graphics, images, logos, button icons, code, software, and related material is the property of Company or the individuals or entities who upload said content for sale through our Website, unless stated otherwise on our Website, with all rights reserved. The compilation (meaning the collection, arrangement, and assembly) of all content on the site is the exclusive property of Company and is protected by U.S. and international copyright laws. Unauthorized use of the site may violate copyright, trademark, and other laws. You may not sell or modify the contents of our Website, nor may you reproduce, display, publicly perform, distribute, or otherwise use the site in any way for any public or commercial purpose. The use of our Website or its content on any other website, or in a networked computer environment, for any purpose is prohibited unless authorized by Company.
- Unauthorized Use of Your Materials or Likeness. Company respects the intellectual property rights of others, and we ask our users to do the same. Company takes seriously all claims that a third-party’s rights have been violated or infringed upon, including but not limited to proprietary rights, intellectual property rights, rights of publicity, rights of privacy, contractual rights, and rights associated with the ownership of any copyright, patent, trademark, trade name, registered design, trade secret, trade dress, proprietary information, or non-disclosure rights. Company also takes seriously any claim that an individual’s personally identifiable information, including his or her name, address, photograph, likeness, voice, biographical, personal background information and/or other indicia of persona, and any other personally identifiable information (collectively “Likeness”) has been utilized without his or her consent. If you believe that your work has been copied in a way that constitutes infringement on Company’s web site, please contact Company immediately. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, Company designates the following individual as its agent for receipt of notifications of claimed copyright infringement.By Mail: Chicago Children’s Choir 78 E. Washington St. 5th Floor, Chicago, IL 60602
By Email: firstname.lastname@example.org
- Third-Party Sites and Services. Company websites, applications, and services may contain links to third-party websites, products, and services. Our products and services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
- Deactivation or Opt-Out Capabilities. Visitors can correct or update profile information at any time. Moreover, visitors can deactivate their profile from our online database, unsubscribe or “Opt-Out” from receiving information or from being contacted by us by responding to emails or by contacting us at email@example.com.
Last updated October 24, 2017
PART ONE: TERMS FOR ALL USERS
- Ownership of Website and Content. The Website is owned and operated by Company. Unless otherwise stated, all material on this Website, in whole and in part, is the property of Company. Unless otherwise stated, all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively the “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Website is owned, controlled or licensed by or to Company or third parties, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. None of this Content is in the public domain. As such, no portion of this Website may be downloaded, distributed, published, altered, stored, transmitted, or copied, electronically or by any other means known now or in the future, without express written permission from Company or its designated agents. Content may be watermarked, visibly and nonvisibly, to track and assure copyright protection. Violating copyright or trademark laws carries significant penalties. Company will enforce its intellectual property rights. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, program or other medium for publication or distribution or for any commercial enterprise, without the express prior written consent of Company or the direct owners of the Content. Also protected are all application, database, web page and web server programming, and other software created by, or licensed by, Company for the development, production, and operation of this Website, its internal platforms, and the host computer network.
- Notification of Claimed Copyright Infringement. Company respects the intellectual property rights of others, and we ask our users to do the same. Company may, in its sole discretion, terminate the accounts of producers who violate others’ intellectual property rights. If you believe that your work has been copied in any way that constitutes infringement on the Website, you may file a notification of such infringement with our designated agent at firstname.lastname@example.org and provide the following information: (a) identification of the copyrighted work that you believe to be infringed, including a description of the work, a copy of the work or identification of the location (e.g., URL) of an authorized version of the work; (b) identification of the material you believe to be infringing and its location; (c) your name, address, telephone number and (if available) e-mail address; (d) a statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law; (d) a statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf and (e) a signature or the electronic equivalent from the copyright holder or authorized representative. Please see 17 U.S.C. §512(c)(3) for the full requirements of a proper notification. You should also note that if you make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for all damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing. We may give notice of a claim of copyright infringement to our users by means of a general notice on the Website, electronic mail to a user’s email address in our records or by written communication sent by first-class mail to a user’s address in our records.
- SMS Text Message Alert Service. Company may make SMS text message alert services available to Users. Users who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary, and if you decide to use this service, you are giving Company permission to send SMS text messages to your cellular phone and/or mobile device. We do not charge for this service, but your carrier may charge you.
- Limitation of Liability. EXCEPT WHERE OTHERWISE PROHIBTED BY LAW, COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LOST PROFIT OR DAMAGES ARISING FROM YOUR USE OF THE WEBSITE. COMPANY WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS WHERE SUCH FAILURE OR DELAY IS DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF COMPANY, INCLUDING NATURAL CATASTROPHES, GOVERNMENTAL ACTS OR OMISSIONS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATIONS SYSTEMS BREAKDOWNS, HARDWARE OR SOFTWARE FAILURES, TRANSPORTATION STOPPAGES OR SLOWDOWNS OR THE INABILITY TO PROCURE SUPPLIES OR MATERIALS. IN NO EVENT WILL COMPANY’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO OR CONNECTED WITH THE WEBSITE EXCEED THE AMOUNT OF MONEY RECEIVED FROM YOU, IF ANY, BY COMPANY DURING FROM THE PRIOR 12-MONTH PERIOD OF YOUR SUBSCRIPTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO CONTENT PROVIDER. FOR INSTANCE, IF CONTENT PROVIDER IS A CALIFORNIA RESIDENT, CONTENT PROVIDER AGREES TO WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
- 11.DISCLAIMERS. COMPANY DOES NOT PROMISE THAT THE WEBSITE OR ANY CONTENT, SERVICE OR FEATURE OF THE WEBSITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE WILL PROVIDE SPECIFIC RESULTS. THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU ACCESS FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY, TITLE, CUSTOM, USE AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT USER CONTENT OR INFORMATION WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. COMPANY HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE COMPANY FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES, LOSS, HARM AND/OR DAMAGES ARISING FROM AND/OR IN ANY WAY RELATED TO THE SERVICE OR YOUR INTERACTIONS OR DEALINGS WITH OTHER USERS, INCLUDING WITHOUT LIMITATION ANY ACTS AND/OR OMISSIONS OF USERS ONLINE OR OFFLINE. YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES. THIS DISCLAIMER APPLIES TO ANY DAMAGES, LIABILITY OR INJURIES CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE OR ANY OTHER CAUSE OF ACTION.
- Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Company agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
- Void Where Prohibited. Company administers and operates the Website from its location in Cook County, Illinois USA. Although the Website is accessible nationwide, not all features, products or services discussed, referenced, provided or offered through or on the Website are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Company reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.