THESE TERMS OF USE, including any additional terms and conditions that are
referenced herein or presented elsewhere on the Site (defined below) generally
or in relation to a specific service or feature, including our Privacy Policy
(collectively, the “Terms” and/or “Agreement”) set forth the terms and conditions
that apply to your use of the Site. Pearwater Productions, Inc. is the owner of the
website “https://www.Winter Minifringefestival.org” and all rights therein and
associated therewith, including, but not limited to, the copyrights and trademarks
(hereinafter, individually and collectively, the “Site”).
Your access to the Site is subject to these Terms, and by using this Site, you
agree to follow and be bound by the Terms, and further agree to comply with all
applicable laws and regulations, including United States and Florida laws. In
these Terms, the words “you” and “your” refer to each customer, Site visitor or
user. “We,” “us,” and “our” refers to Pearwater Productions, Inc. d.b.a. Winter Mini
Fringe Festival. “Services” refers to all services provided by us on the Site.
Changes to Terms: It is your responsibility to review the Terms periodically. If
you do not agree to the Terms, do not use this Site. We may modify these Terms
at any time without notice to you, and such modifications, additions or deletions
shall be effective immediately upon posting.
Changes to Site: We may change or discontinue any aspect, service, or feature
of the Site, including, but not limited to, the content, availability, and equipment
needed to access or use the Site, at any time and without notice. If you have any
questions about these Terms, please contact us.
Date of Last Revision: December 6, 2018
Your Account: During your use of the Site, it shall be solely your responsibility to
maintain the confidentiality of your e-mail address, password, and any other
account identifiers related to any personal account you created on the Site (the
“Account”), and for restricting access to other users or computer(s). You also
acknowledge and accept sole responsibility for any and all activity that occurs
under your Account.
Monitoring: We shall have the right, but not the obligation, to monitor your or
other users’ use of the Site to determine compliance with the Terms and to
satisfy any law, regulation, or authorized government request. We may share
personally identifiable information in response to a law enforcement agency’s
request, or where we deem, in our sole discretion, that it is necessary or
otherwise required by law.
Ownership: This Site is owned and operated by Pearwater Productions, Inc.
Aside from third-party licensed content, all rights, title, and interest in and to the
Materials provided on this Site, including, but not limited to, information,
documents, logos, graphics, sounds, images, audio-visual works, characters, and
the intellectual property rights therein, including, without limitation, copyright and
trademark (the “Materials”) are owned by us. “Orlando Fringe” and
“Orlando Fringe Logo” are trademarks and are the exclusive property of
Pearwater Productions, Inc. Except as otherwise expressly provided herein, none
of the Materials may be copied, reproduced, republished, downloaded, uploaded,
posted, displayed, transmitted, or distributed in any way, and nothing on this Site
shall be construed to confer any license under any of our intellectual property
rights, whether by estoppel, implication, or otherwise. Any rights not expressly
granted herein are reserved by us.
Accuracy of Information: Pearwater Productions, Inc. uses its best efforts to
ensure that all of the information on the Site is complete, accurate, and up-to-
date. However, information on the Site may from time-to-time be inaccurate,
incomplete, and/or outdated. All specifications, products, descriptions, and prices
of products on the Site are subject to change at any time without notice. While
we use all best and reasonable efforts to accurately display the accurate
attributes of our products, we cannot guarantee the complete correctness of the
information, content or Materials provided throughout the Site. Furthermore, the
presence of any products or services on the Site at a particular time does not
mean that these products or services remain available. We reserve the right to
discontinue any product at any time and for any reason.
Fees & Pricing: Fees and Prices displayed on the Site are quoted in U.S.
currency and are valid and effective only in the United States. Fees and Prices
are subject to change at any time.
Shipping: When an order is placed, it will be shipped to an address designated
by you as long as that shipping address is compliant with the shipping restrictions
imposed by State, Federal, or International laws. You’ll be notified at checkout if
we’re unable to ship specific items to the address you’ve selected. Please also
check the product detail pages for any item-specific shipping restrictions. All
purchases from the Site are made pursuant to carrier shipment conditions, and
by accepting these Terms through your use of the Site, you hereby accept the
shipment conditions imposed therein. You are responsible for contacting the
carrier used to ship your order regarding any claims for damaged and/or lost
shipments.
Email Communication: By making a purchase or otherwise creating an Account
on the Site, you acknowledge and understand that we may, on occasion, send
you communications or data via email regarding our products, Services, and
promotions. You agree to receive such communications from us. Unless such
email is necessary to facilitate a transaction, such as to complete a sale or
provide you with information related to a purchase, we will give you the
opportunity to opt-out of receiving these commercial emails from us by following
the opt-out instructions provided in such messages.
Confirmation of Orders: While it is our practice to confirm orders by email, the
receipt of an email order confirmation does not constitute our acceptance of an
order. We reserve the right, without prior notice, to limit the order quantity on any
product and/or to refuse service to any customer. We also may require
verification of information prior to the acceptance and/or shipment of any order.
Cancellation or Refusal of Orders: Pearwater Productions, Inc. reserves the
right to refuse any order placed on the Site. We may, in our sole discretion, limit
or cancel quantities purchased per person, per household, or per order. These
restrictions may include orders placed by or under the same Account, the same
credit card, and/or orders that use the same billing and/or shipping address. In
the event we make a change to or cancel an order, we will attempt to notify you
by contacting the e-mail and/or billing address/phone number provided at the
time the order was made. We reserve the right to limit or prohibit orders that, in
our sole judgment, appear to be placed by dealers, resellers, distributors, or
other competitors.
Third-Party Content: The Site may contain links to websites controlled by third
parties. We have no control over the content of any third-party site, and these
Terms do not govern your use of any such third-party site. Additionally, the Site
may reference products, services, or other information by trade name, trademark,
or otherwise, and such reference shall not be construed as an endorsement,
sponsorship, or recommendation of or by such third parties unless expressly
stated to the contrary.
Submissions: We are pleased to hear from our visitors and welcome your
comments regarding our products and services. However, please be advised that
all material is received on a non-confidential basis. We do not accept or consider
unsolicited ideas, suggestions, or material submissions unless specifically
requested. Please do not send us any unsolicited original creative materials such
as stories or ideas, screenplays, or original artwork. While we do value your
feedback, we request that you be specific in your comments and not submit any
ideas, suggestions, or materials (unless specifically requested by us).
If you send us unsolicited creative suggestions, ideas, notes, drawings, concepts,
or other information (individually and collectively, “Submissions”), you hereby
grant us a non-exclusive, perpetual, worldwide, royalty-free right, but not the
obligation, to use the same.
We may already be exploring concepts and ideas generated by employees or
other outside sources that resemble the Submissions. We may have similar or
identical ideas that may have been generated independently. Therefore, you
hereby waive any claim that we misappropriated any ideas or portions of the
Submissions in any current or future productions or endeavors.
User Behavior: Pearwater Productions, Inc. grants you permission to use the
Site subject to all of the terms and conditions set forth in these Terms.
As a condition of use, you agree not to use the Site for any purpose that is
unlawful. You agree to abide by all applicable local, state, national, and
international laws and regulations, including, without limitation, all intellectual
property laws (such as U.S. copyright laws). Any unauthorized use of the Site is
expressly prohibited.
By way of example, you agree not to (a) take any action, or (b) upload,
download, post, submit or have Pearwater Productions, Inc. upload or post on
your behalf or otherwise distribute or facilitate distribution of any material and/or
content, using any communications service or other service available on or
through the Site, that:
infringes any patent, trademark, trade secret, copyright, right of publicity,
or other right of any other person or entity; or
is threatening, abusive, harassing, defamatory, libelous, deceptive,
fraudulent, invasive of another’s privacy, tortious, or promotes hate or
incites violence; or
misrepresents the source, identity, or content of information transmitted
via the Site; or
constitutes unauthorized or unsolicited advertising, junk or bulk e-mail
(“spamming”) or a chain letter, a pyramid scheme, petitions for signatures,
charity requests, or any other similar solicitation; or
contains software viruses or any other computer codes, files, or programs
that are designed or intended to disrupt, damage, limit, or interfere with
the proper function of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any system,
data, or other information of Pearwater Productions, Inc. or any third party;
or
impersonates, or falsely indicates an affiliation with, any person or entity,
including, without limitation, any employee or representative of Pearwater
Productions, Inc.; or
collects, or attempts to collect, personal information about users without
their consent or constitutes a solicitation, for commercial purposes, of any
users of the Site; or
otherwise violates these Terms, or any other policy posted on the Site.
Additionally, you agree that you will not: (i) take any action that imposes, or may
impose, in Pearwater Productions’s sole discretion, an unreasonable or
disproportionately large load on Pearwater Productions’s infrastructure; (ii)
interfere or attempt to interfere with the proper working of the Site or any
activities conducted on the Site; (iii) alter or modify any part of the website; (iv)
bypass any measures Pearwater Productions, Inc. may use to prevent or restrict
access to the Site, other accounts, or computer systems or networks connected
to the Site; or (v) interfere with any other user’s enjoyment of the Site, including,
without limitation, accessing an account of a Orlando Fringe user that is
not yours.
You may not (and may not permit others to), directly or indirectly, modify,
translate, decompile, disassemble, or reverse engineer any part of the Site, any
content of third parties or any other content available through the Site (except to
the limited extent applicable laws specifically prohibit such restriction), or copy,
rent, lease, distribute, or otherwise transfer any of the rights that you receive
hereunder. In addition, you may not remove any proprietary notices, marks, or
labels.
You shall not launch or otherwise use any robot, spider, scraper, or other
automated means to access the Service in a manner which sends more request
messages to the Pearwater Productions, Inc. server in any given period of time
than a typical human would normally produce in the same period by using a
conventional on-line web browser to read, view, and submit Materials.
Notwithstanding the foregoing, we grant the operators of search engines
permission to use robots to copy Materials from the Site for the sole purpose of
creating publicly-available searchable indexes of the Materials, but not caches or
archives of the Materials, provided that we reserve the right to revoke these
exceptions either generally or in specific cases.
Children’s Online Privacy and Protection Act (“COPPA”). COPPA requires
that online service providers obtain parental consent before they knowingly
collect personally identifiable information online from children who are under 13.
Therefore, we only collect personal information from a child under 13 who has
obtained parental consent to use the Services and to disclose personal
information to us. If you are a student under 13, please do not send any personal
information about yourself. If we learn we have collected personal information
from a child under the age of 13 without parental consent or if we learn a child
under 13 has provided us personal information beyond what we request from him
or her, we will delete that information as quickly as possible.
DISCLAIMER OF WARRANTY: YOU EXPRESSLY AGREE THAT YOUR USE
OF THE SITE IS AT YOUR SOLE RISK. THE SITE, AND ALL MATERIALS
PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS
ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE
FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND
NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT: (A) THE SITE, SERVICES, OR MATERIALS
WILL MEET YOUR REQUIREMENTS; (B) THE SITE, SERVICES, OR
MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SITE, OR ANY SERVICES OR
MATERIALS OFFERED THROUGH THE SITE, WILL BE ACCURATE OR
RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL OR SERVICES PURCHASED OR
OBTAINED BY YOU THROUGH THE SITE, OR IN RELIANCE ON THE
MATERIALS OR SERVICES WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS OR SERVICES THROUGH THE USE OF THE
SITE IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. WE
SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY CONTENT, MATERIALS, OR INFORMATION.
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, IN NO EVENT SHALL WE
AND/OR OUR OFFICERS, OWNERS, DIRECTORS, EMPLOYEES, AND/OR
AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES,
INCLUDING, WITHOUT LIMITATION, ANY CLAIM FOR PERSONAL INJURY,
PROPERTY DAMAGE, LOST PROFITS, LOSS OF DATA, LOSS OF
GOODWILL, WORK STOPPAGE, COST OF SUBSTITUTE GOODS OR
SERVICES, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR
ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE,
THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD,
CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE SITE. YOU
AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH
ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION,
REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND
EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS
OR DAMAGE.
Indemnification: You agree to defend, indemnify, and hold us harmless from
and against any and all claims and expenses, including, but not limited to,
attorneys’ fees and court costs, that arise out of or are related to your use of the
Site.
Interpretation: These Terms were written in English (U.S.). To the extent any
translated version of this Agreement conflicts with the English version, the
English version controls.
Statement of Rights and Responsibilities: These Terms govern our
relationship with you and others who interact with the Site as well as other
products and Services, if any. By using or accessing the Site or our Services, you
agree to these Terms, as updated from time to time.
Privacy: Your privacy is very important to us. We designed our Privacy
Policy to make important disclosures about how you can use the Site and how
we collect and can use the content and information you share with us. We
encourage you to read the Privacy Policy, and to use it to help you make
informed decisions.
Advertising: We may run advertisements and promotions from third parties on
the Site. Your business dealings or correspondence with, or participation in
promotions of, advertisers other than us, and any terms, conditions, warranties or
representations associated with such dealings, are solely between you and such
third party. We are not responsible or liable for any loss or damage of any sort
incurred by you as the result of any such dealings or as the result of the
presence of third-party advertisers on the Site.
Mobile and Other Devices: We currently provide our Site for free, but please be
aware that your carrier’s normal rates and fees, such as data charges, will still
apply.
Termination: If you violate the letter or spirit of these Terms, or otherwise create
risk or possible legal exposure for us, we can stop providing all or part of the Site
and/or Services to you.
Disputes: You will resolve any claim, cause of action or dispute you have with us
arising out of or relating to these Terms or the Site exclusively in a state court
located in Winter Mini County, Connecticut, and you agree to submit to the personal
jurisdiction of such courts for the purpose of litigating all such claims. The laws of
the State of Connecticut will govern these Terms, as well as any other claim that
might arise between you and us, without regard to conflict of law provisions.
Miscellaneous: The Terms constitute the entire Agreement between you and us
and supersede all previous written or verbal agreements between you and us
with respect to the subject matter herein. If any portion of these Terms are found
to be unenforceable, the remaining portions will remain in full force and effect. If
we fail to enforce any of these Terms, it will not be considered a waiver. These
Terms shall be deemed a joint work product of you and us and may not be
construed against either party by reason of its/his/her preparation or word
processing. If any term of this Agreement is to any extent illegal, otherwise
invalid, or incapable of being enforced, such term shall be excluded to the extent
of such invalidity or unenforceability; all other terms hereof shall remain in full
force and effect; and, to the extent permitted and possible, the invalid or
unenforceable term shall be deemed replaced by a term that is valid and
enforceable and that comes closest to expressing the intention of such invalid or
unenforceable term. The section headings contained herein are for convenience
only and shall not impact the meaning or effect on the content of the Terms. The
Terms shall be interpreted to give them fair meaning, and any ambiguity shall not
be construed against either party as the primary drafter hereof.
If you access the Site from outside the United States, you accept full
responsibility for compliance with local laws.
Any amendment to or waiver of these Terms must be made in writing and signed
by us. You will not transfer any of your rights or obligations under these Terms to
anyone else without our written consent. All of our rights and obligations under
these Terms are freely assignable by us in connection with a merger, acquisition,
or sale of assets, or by operation of law or otherwise.
Nothing in these Terms shall prevent us from complying with the law.
These Terms do not confer any third-party beneficiary rights. We reserve all
rights not expressly granted to you. You will comply with all applicable laws when
using or accessing the Site.
DMCA Policy: Pearwater Productions, Inc. respects the intellectual property
rights of others and expects its users to do the same. In accordance with the
Digital Millennium Copyright Act of 1998, the text of which may be found on the
U.S. Copyright Office website
at http://www.copyright.gov/legislation/dmca.pdf, Pearwater Productions, Inc.
will respond expeditiously to claims of copyright infringement committed using
Pearwater Productions, Inc.’s Service(s) and/or the Orlando Fringe
website (the “Site”) if such claims are reported to Pearwater Productions, Inc.’s
Designated Copyright Agent identified in the sample notice below.
If you are a copyright owner, authorized to act on behalf of one, or authorized to
act under any exclusive right under copyright, please report alleged copyright
infringements taking place on or through the Site by completing the following
DMCA Notice of Alleged Infringement and delivering it to Pearwater Production,
Inc.’s Designated Copyright Agent. Upon receipt of Notice as described below,
Pearwater Productions, Inc. will take whatever action, in its sole discretion, it
deems appropriate, including removal of the challenged content from the Site.
DMCA Notice of Alleged Infringement (“Notice”)
Identify the copyrighted work that you claim has been infringed, or – if
multiple copyrighted works are covered by this Notice – you may provide a
representative list of the copyrighted works that you claim have been
infringed.
Identify the material or link you claim is infringing (or the subject of
infringing activity) and to which access is to be disabled, including at a
minimum, if applicable, the URL of the link shown on the Site or the exact
location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone
number, and, if available, email address.
Include both of the following statements in the body of the Notice:
o “I hereby state that I have a good faith belief that the disputed use
of the copyrighted material is not authorized by the copyright
owner, its agent, or the law (e.g., as a fair use).”
o “I hereby state that the information in this Notice is accurate and,
under penalty of perjury, that I am the owner, or authorized to act
on behalf of the owner, of the copyright or of an exclusive right
under the copyright that is allegedly infringed.”
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to Pearwater Productions, Inc.’s
Designated Copyright Agent:
Pearwater Productions, Inc.
104 Ledger Street
Winter Mini, CT 06106
pearwaterproductions@gmail.com
