Last Update: October 28, 2009.
1. Acceptance of Terms
2. Purpose of Site
The Cultural Council has established this website as a nonpublic forum whose purpose is to provide a useful online calendar that lists arts, entertainment, cultural and major sporting events that are taking place in the Jacksonville Area, for use by residents and visitors to the Jacksonville Area. The Site is not to be used by children under 13 years old.
Events to be posted on the Site must fall within one or more of the following categories listed on the Site. Events that should not be included, even if they might otherwise fall within one of the above-mentioned categories, include events that require a paid membership to attend; organizational meetings, store or other retail or wholesale sales announcements or activities, youth or adult recreational league sporting events, events that are by invitation only, events not open to the public (although requiring payment for admission is acceptable), and events that are not related to the arts, entertainment, or culture of the Jacksonville Area. Requests for posting information for political events, for example events associated with, sponsored by or serving a candidate for elected office or an elected official, any political party or organization supporting or seeking to defeat any candidate for elective office or ballot proposal, are not appropriate for this Site.
You further understand and agree that we do not control and are not responsible for Content provided by users that is made available through the Site, and that by using the Site you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. In addition, the information may include typographical or similar errors, the events listed may not occur or may not occur at the stated time or place. You agree and understand that with respect to the Content on the Site, and including any links to other web sites and any material or information provided thereon, your decision whether or not to attend or participate in any event listed is your own responsibility and is at your own risk. Under no circumstances will we be liable or responsible for any Content, links or linked material or information provided by users, nor for any loss, injury or damage of any kind incurred as a result of the use thereof by users.
4. Additional obligations and responsibilities
You warrant and represent that you are at least 13 years old.
You agree to keep any Site emails from secure and to be responsible for any use made by others from information contained in emails from You agree that your right to access the Site and use of information contained in emails from is not transferable.
You acknowledge that you are solely responsible for your conduct, use of the Site, and any Content that you submit to be posted on the Service.
You agree not to submit Content (nor any links to content) that: is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, obscene, libelous, violates another's privacy or other rights, infringes the rights of others, or harms minors in any way; harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; impersonates any person or entity, including, but not limited to, one of our employees, or falsely states or otherwise misrepresents your affiliation with a person or entity; includes non-public personal or identifying information about another person without that person's explicit consent; or is false, deceptive, misleading, deceitful, or constitutes a "bait and switch".
You agree not to modify, adapt, copy or endeavor to secure unauthorized access to the Site, Site systems or Site or user data, nor to, through or on another web site or by other means falsely imply any association with us or the Site.
You agree not to use the Site or its systems to gather information about other Site users or to create or submit unwanted email, including so-called SPAM, to any Site users.
You agree not to send or submit through or to the Site any intentionally false or misleading information, nor any worms or viruses or any code of a destructive nature.
You agree not to engage in conduct or send messages that cause or are intended to cause a disruption of the Site or its systems, whether due to the number of such messages, their size or contents, or otherwise.
You agree that you must secure express written authorization from us before you can use any portion of the Site, including any Content or use of the Site's RSS feeds, for any commercial purpose.
5. Modifications; Site ownership
We reserve the right to amend, modify or discontinue all or any portion of the Site and the services offered on and through the Site for any reason, without notice at any time.
As between you and us, we own all right, title and interest, including, without limitation, copyright, in and to the Site, its systems and content, other than user provided Content. ©Cultural Council of Greater Jacksonville, Inc. 2007. All Rights Reserved. No use of the Site or its services or systems is permitted except as expressly permitted herein.
7. Termination of service
9. Disclaimer of Warranties
YOU AGREE THAT USE OF THE SITE AND SITE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SITE AND SITE SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ANY WARRANTIES: (A) AS TO THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND/OR PERFORMANCE OF THE SITE AND SITE SERVICES AND THE INFORMATION, CONTENT AND OTHER MATERIAL ACCESSED THROUGH, APPEARING ON, OR LINKED FROM OR TO THE SITE; (B) FOR ANY OTHER SERVICES OR GOODS RECEIVED THROUGH, LISTED ON OR ADVERTISED ON THE SITE, OR ACCESSED THROUGH ANY LINKS ON THE SITE; AND (C) REGARDING PROTECTIONS AGAINST VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SITE OR SITE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
10. Release and Waiver of Liability
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES HAVE ANY LIABILITY FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE SITE OR SITE SERVICES, WHETHER THE DAMAGES ARISE FROM OUR NEGLIGENCE, USE OR MISUSE OF THE SITE OR SITE SERVICES, FROM YOUR FAILURE TO ATTEND OR ENJOY AN EVENT, FROM HARM INCURRED AT AN EVENT, FROM MISTAKES, INACCURACIES, TYPOS, OMISSIONS IN CONTENT, FROM INABILITY TO USE THE SITE OR SITE SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE SITE OR SITE SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF INFORMATION, LISTINGS, SERVICES OR PRODUCTS RECEIVED THROUGH, LISTED ON OR ADVERTISED IN CONNECTION WITH THE SITE OR SITE SERVICES OR ANY LINKS ON THE SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE SITE OR SITE SERVICES OR ANY LINKS ON THE SITE. YOU AGREE THAT YOU RELEASE, WAIVE, DISCHARGE AND COVENANT NOT TO SUE THE INDEMNIFIED PARTIES FROM ALL LIABILITY TO YOU, YOUR REPRESENTATIVES, ASSIGNS, HEIRS AND NEXT OF KIN FOR ANY AND ALL LOSS OR DAMAGE, AND ANY CLAIM OR DEMANDS THEREFOR ON ACCOUNT OF ANY INJURY OR LOSS TO THE PERSON OR PROPERTY, INCLUDING BUT NOT LIMITED TO DEATH, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR THE ATTENDANCE AT OR PARTICIPATION IN ANY EVENT POSTED ON THIS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT ANY EXCLUSION OR WAIVER OF LIABILITY HEREIN IS NOT ALLOWED BY APPLICABLE LAW, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
11. General information