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LEGAL NOTICES
TERMS OF USE /
PRIVACY POLICY /
LEGAL NOTICE
TERMS OF USE:
1. Acceptance of Terms of Use and Amendments ("Terms Of Use").
Each time you use or cause access to this website, you agree to
be bound by these Terms Of Use as amended from time to time with or without
notice to you. In addition, if you are using a particular service on or through
this website, you will be subject to any rules or guidelines applicable to those
services and they shall be incorporated by reference into these Terms Of Use.
2. Our Service.
PatrickKelsey.com™
and affiliate sites and services provided to you on and through our website on
an "AS IS" basis. You agree that the owners of this website exclusively reserve
the right and may, at any time and without notice and any liability to you,
modify or discontinue this website and its programs or services or delete the
data you provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to store,
inaccuracy, or improper delivery of any data or information.
3. Your Responsibilities and Registration Obligations.
In order to use this website in its entirety, you may or may not
need to register on our site, and agree to provide truthful information when
requested. When registering, you explicitly agree to our Terms Of Use and as
may be modified by us from time to time and available here.
4. Privacy Policy.
If you are 13 or under the age of 13, you warrant you have
obtained permission from a parent or guardian before registering for mailings or
communications from PatrickKelsey.com and its affiliate sites. You also should
see the Children's Privacy Notice in the Privacy Policy – Section 3.
Registration data and other personally identifiable information
that we may collect is subject to the terms of our Privacy Policy.
Further explanation of our policy regarding privacy is located in
the Privacy Policy
5. Registration and Password.
You are responsible to maintain the confidentiality of your
password, if applicable, and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized by you. You agree
to immediately notify us of any unauthorized use or your registration, user
account or password.
6. Your Conduct.
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("Content"), publicly or privately provided, shall be the sole
responsibility of the person providing the Content or the person whose user
account is used. You agree that our website may expose you to Content that may
be objectionable or offensive. We shall not be responsible to you in any way
for the Content that appears on this website nor for any error or omission.
You explicitly agree, in using this website or any service
provided, that you shall not:
(a) provide any Content or perform any conduct that may be
unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic,
designed to or does interfere or interrupt this website or any service provided,
infected with a virus or other destructive or deleterious programming routine,
give rise to civil or criminal liability, or which may violate an applicable
local, national or international law;
(b) impersonate or misrepresent your association with any person
or entity, or forge or otherwise seek to conceal or misrepresent the origin of
any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this website and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam, chain
letters, pyramid schemes, or any other form of unauthorized advertising without
our prior written consent;
(e) provide any Content that may give rise to our civil or
criminal liability or which may constitute or be considered a violation of any
local, national or international law, including but not limited to laws relating
to copyright, trademark, patent, or trade secrets.
7. Submission of Content on this Website.
By providing any Content to our website:
(a) you agree to grant to us a worldwide, royalty-free,
perpetual, non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create derivative works
and compilations, in whole or in part. Such license will apply with respect to
any form, media, and technology known or later developed;
(b) you warrant and represent that you have all legal, moral, and
other rights that may be necessary to grant us with the license set forth in
this Section 7;
(c) you acknowledge and agree that we shall have the right (but
not obligation), in our sole discretion, to refuse to publish or to remove or
block access to any Content you provide at any time and for any reason, with or
without notice.
8. Third Party Services.
Goods and services of third parties may be advertised and/or made
available on or through this website or email directly or indirectly from
www.patrickkelsey.com . Representations made regarding products and
services provided by third parties are governed by the policies and
representations made by these third parties. We shall not be liable for or
responsible in any manner for any of your dealings or interaction with third
parties. If you, however, chose to interact or subscribe to any Third Party
Services you agree to indemnify PatrickKelsey.com™ and
its affiliates as outlined below.
9. Indemnification.
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees, agents, independent
contractors, advertisers, partners, and co-branders from any claim or demand,
including reasonable attorney's fees, that may be made by any third party, that
is due to or arising out of your conduct or connection with this website or
service, your provision of Content, your violation of this Terms Of Use or any
other violation of the rights of another person or party.
10. DISCLAIMER OF WARRANTIES.
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY
SERVICES OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY DISCLAIM
ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE
SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE,
RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR
DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE
SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF
ANY KIND.
Some jurisdictions may not allow disclaimers of implied
warranties and the above disclaimer may not apply to you only as it relates to
implied warranties.
11. LIMITATION OF LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE
FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL,
USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR
THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS
AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE
SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS,
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER
MATTER RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and
therefore such limitations may not apply to you.
12. Reservation of Rights.
We reserve all of our rights, including but not limited to any
and all copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our website, its content, and the goods
and services that may be provided. The use of our rights and property requires
our prior written consent. We are not providing you with any implied or express
licenses or rights by making services available to you and you will have no
rights to make any commercial uses of our website or service without our prior
written consent.
13. Notification of Copyright Infringement.
If you believe that your property has been used in any way that
would be considered copyright infringement or a violation of your intellectual
property rights, our copyright agent may be contacted at the following address:
Patrick Kelsey, 30-90 23rd Street, Astoria, NY 11102
14. Applicable Law.
You agree that this Terms Of Use and any dispute arising out of
your use of this website or our products or services shall be governed by and
construed in accordance with local laws where the headquarters of the owner of
this website is located, without regard to its conflict of law provisions. By
registering or using this website and service, you consent and submit to the
exclusive jurisdiction and venue of the county or city where the headquarters of
the owner of this website is located.
15. Miscellaneous Information.
(a) In the event that this Terms Of Use conflicts with any law
under which any provision may be held invalid by a court with jurisdiction over
the parties, such provision will be interpreted to reflect the original
intentions of the parties in accordance with applicable law, and the remainder
of this Terms Of Use will remain valid and intact;
(b) The failure of either party to assert any right under this
Terms Of Use shall not be considered a waiver of any that party's right and that
right will remain in full force and effect;
(c) You agree that without regard to any statue or contrary law
that any claim or cause arising out of this website or its services must be
filed within one (1) year after such claim or cause arose or the claim shall be
forever barred;
(d) We may assign our rights and obligations under this Terms Of
Use and we shall be relieved of any further obligation.
16. Contact Information.
If you have any questions about these Terms of Use or our
website, please feel free to contact us at
patrick@patrickkelsey.com .
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PRIVACY POLICY
PatrickKelsey.com™
and its affiliates takes your right to privacy seriously and wants you to feel
comfortable using our website. This Privacy Policy ("Privacy Policy") deals
with personally identifiable information (referred to as "Data" below) that may
be collected by us either directly or indirectly on our site. This Policy does
not apply to other entities that we do not own or control persons that are not
our employees, agents or within our control. Please take time to read our Terms
Of Use. Protecting your privacy is important for PatrickKelsey.com™.
We recognize that you want to understand how personally identifiable data about
you is being gathered and used. We only use your personal data to offer
customized information services. No third parties have access to data from us.
1. Collection of Data.
If applicable, our active registration process requires only that
you enter a valid e-mail address and in some cases a unique user ID and
password. Providing us with other information is at your option. Please take
note that your user name, e-mail address, or other submissions that you make on
this site may contain your real name or other personally identifiable
information and, as a result, may appear on this site. Like many websites, we
may also automatically receive general information that is contained in our
server log files such as your IP address and cookie information. Information
about how advertising may be served on this site (if at all) is set forth
below. We do not collect or use data that you do not actively provide through
our mailing list registration or that which is directed to us, by you, through
our email service.
2. Use of Data.
We may use Data to customize and improve your user experience on
this site and within the programs and events that we offer. We will make
efforts so that your Data will not be provided to third parties unless (i)
provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such
as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service
provided on our site requires the interaction with or is provided by a third
party, by way of example an Application Service Provider; (iv) pursuant to legal
process or law enforcement; (v) we find that your use of this site violates our
this Policy, Terms of Service, other usage guidelines or as deemed reasonably
necessary by us to protect our legal rights and/or property; (vi) or (vi) this
site is purchased by a third party whereby that third party will be able to use
the Data in the same manner as we can as set forth in this Policy. In the event
you choose to use links that appear on our site to visit other websites, you are
advised to read the privacy policies that appear on those sites. All
information that is provided may be used in any way in PatrickKelsey.com™
’s discretion and per the outlined policy herein.
3. Children's Privacy Notice
This section of the Privacy Policy for PatrickKelsey.com™
is designed for children so that they may understand that the information they
are providing PatrickKelsey.com™ is being protected
with every reasonable best effort.
PatrickKelsey.com™
collects children's names, mailing addresses, email addresses, phone numbers,
and birthdays, among other information, such as how often one has attended the
theatre, in order to later contact the child with an offer to attend one or more
of our PatrickKelsey.com™ programs.
The contact information is usually used only to send information
to the child, but also may be used to determine how interested our children are
in specific programs, surveys, or other related marketing projects.
PatrickKelsey.com™
on collects your information activity, in that it does not collect your
information without you providing it to us in a request, you register with our
mailing list, or you have provided such information on an application for one of
our programs. PatrickKelsey.com™ does collect your
information passively, in that in a manner of which you yourself do not actively
offer it. You may, at any time and without any cost to you, have your
information removed from our list by writing to us or removing your contact
information as instructed on an email that you may have received. Your parent
or guardian may access your information, but only after we have verified their
identity.
If you are exploring the PatrickKelsey.com™
website and you select an internet link that takes you away from
www.patrickkelsey.com , you and your parent must review that site's
privacy policy, as it may be different from our own.
If you have any questions regarding this privacy policy, please
see below on how to contact us for further clarification or ask your parent or
guardian.
PatrickKelsey.com™
does not provide your information to any third party services, without your
permission.
4. Cookies.
Like many websites, we reserved the right to set and use cookies
to enhance your user experience, such as retaining your personal settings.
Advertisements may appear on our website and, if so, may set and access cookies
on your computer and is subject to the privacy policy of those parties providing
the advertisement. However, the companies serving the advertising do not have
access to our cookies. These companies usually use non-personally identifiable
or anonymous codes to obtain information about your visits to our site.
5. Editing or Deleting Your Account Information.
We provide you with the ability to edit the information in your
user account information that you provided to us in registration by using your
personal page configuration area. You may also request deletion of your user
account by contacting us at
patrick@patrickkelsey.com . Account information will not be released
in whole or in part without verifiable proof of parental or guardian
identification. Content or other data that you may have provided to us and that
is not contained within your user account, such as posts that may appear within
our forums, may continue to remain on our site at our discretion even though
your user account is deleted. Please see our Terms of Use for more information.
6. Changes to this Privacy Policy.
We may make changes to this Policy from time to time. We will
notify you of substantial changes to this Policy either by posting a prominent
announcement on our site and/or by sending a message to the e-mail address you
have provided to us that is contained within your user settings.
7. No Guarantees.
While this Privacy Policy states our standards for maintenance of
Data and we will make efforts to meet them, we are not in a position to
guarantee these standards. There may be factors beyond our control that may
result in disclosure of data. Therefore, we disclaim any warranties or
representations relating to maintenance or nondisclosure of Data.
8. Contact Information.
If you have any questions about this Privacy Policy or our
website, please feel free to contact us at
patrick@patrickkelsey.com .
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LEGAL NOTICE
Trademark Notice
PatrickKelsey.com™
are registered trademarks of Patrick A. Kelsey. All rights reserved. All other
trademarks included herein are the property of their respective owners and no
rights are granted by their use herein.
Disclaimer
This website and its affiliate sites may contain links to third
party websites, which may or may not be operated in conjunction with our
website(s). PatrickKelsey.com™ does not monitor or
control the information on these other websites. The treatment of user data,
policies, positions, and other materials by the operators of third party
websites may be different from ours. Contact the third party operator for their
terms of use and privacy policies.
Please also see our Terms of Use and our Privacy Policy for
additional information
Contact Information
If you have any questions about our website, please feel free to
contact us at
patrick@patrickkelsey.com.
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