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Terms Of Use

Acceptance of Terms

The Greater Dallas Youth Orchestras, Inc. ("GDYO") welcomes you. GDYO provides its service to you subject to this Terms of Use Agreement ("Terms of Use"). GDYO reserves the right to update the Terms of Use at any time without notice to you. You can review the most current version of the Terms of Use by clicking on the "Terms of Use" link located at the bottom of our web pages.

Description of Services

GDYO, through its web property "www.gdyo.org" (the "GDYO Website"), provides you with a variety of resources, including, without limitation, news and information about GDYO, your account information and the ability to communicate electronically with GDYO on or through the GDYO Website (the "Services").

Changes to Terms and Conditions

GDYO may, from time-to-time, and at its sole discretion, modify these Terms of Use. GDYO reserves the right to impose charges for any features or services. The modified Terms of Use will be effective immediately upon posting. You agree to the new posted Terms of Use by continuing your use of the GDYO Website. You agree to review the Terms of Use periodically and your continued use of the GDYO Website following such modification will indicate your acceptance of any modified Terms of Use. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using the GDYO Website.

Privacy Policy

See the GDYO Website Privacy Policy on this website for information regarding the collection and use of your personal information and regarding any non-personal communication, comments, ideas or material you post or transmit to GDYO. You consent to GDYO using such information and materials collected by the GDYO Website under the terms of the GDYO Privacy Policy.

Intellectual Property

All materials displayed on, or contained within, the GDYO Website, including, without limitation, design, text, editorial materials, informational text, photographs, illustrations, artwork and other graphic materials, and names, logos, trademarks and service marks (collectively, the "Materials"), are the property of GDYO or its licensors and are protected by copyright, trademark and all other applicable intellectual property laws. The GDYO name, designs and related marks contained within the Materials are trademarks of GDYO. You acknowledge and agree that the GDYO Website and the Materials are the property of GDYO and its respective service providers or licensors, and that you will not acquire any rights or licenses in any trademarks, patents, copyrights or other intellectual property on the GDYO Website or in its Materials. The GDYO Website and its Materials are protected by copyright, both individually and as a collective work or compilation, by trademark and patent laws, and by other applicable laws.

GDYO hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use, display and make a reasonable number of copies of the Materials (excluding the design or layout of the GDYO Website) only for noncommercial and personal use and only in accordance with these Terms of Use. Any copies that you make of the Materials must retain all copyright and other notices. Use of the Materials, as set forth below, is only permitted with the express prior written consent of GDYO and/or its licensors. Except as expressly provided for in these Terms of Use, without GDYO's prior written consent, you may not (i) reproduce, modify, publish, transmit, display, perform, distribute, disseminate, broadcast or circulate any GDYO Website content, including, but not limited to, any Materials, to any third party; (ii) participate in the transfer or sale of any GDYO Website content, including, but not limited to, the Materials; or (iii) create derivative works or in any way exploit any GDYO Website content, including, but not limited to, the Materials. You are not permitted to use any of the trademarks of GDYO, or its respective licensors, suppliers or service providers displayed on the GDYO Website, without the prior written consent of GDYO or the third party that owns the trademark. No portion of the content on the GDYO Website may be stored in a computer except for personal and non-commercial use.

Your Obligations

You may use the GDYO Website's features, offerings and content for lawful purposes only. By using the GDYO Website, you represent and warrant that: (i) you have the power and authority to accept these Terms of Use and to enter into this agreement with GDYO; (ii) you are capable of assuming, and do assume, any risks related to the use of the GDYO Website content and its Materials; and (iii) you understand and accept the terms, conditions and risks relating to the use of the GDYO Website content and its Materials. If you do not agree with these Terms of Use or are in any way dissatisfied with the GDYO Website or its Materials, your exclusive remedy is to discontinue using the GDYO Website.

No Endorsement of Third Party Sites

The GDYO Website may contain links to or reference third party websites, resources and advertisers (collectively, "Third Party Sites"). Your linking to such Third Party Sites is at your own risk. GDYO is not responsible for the accuracy or reliability of any content, data, opinions, advice, statements, or other information made on the Third Party Sites. GDYO also is not responsible for the availability of these Third Party Sites, nor is it responsible for the aesthetics, appeal, suitability to taste or subjective quality of informational content, advertising, products or other materials made available on or through such Third Party Sites. No endorsement of any third party content, information, data, opinions, advice, statements, goods, services or products is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to, the GDYO Website. Under no circumstances shall GDYO be held responsible or liable, directly or indirectly, for any loss, injury, or damage caused or alleged to have been caused to you in connection with the use of, or reliance on, any content, information, data, opinions, advice, statements, goods, services, or products available on such Third Party Sites. You should direct any concerns to the respective Third Party Site's administrator or webmaster. Any links to Third Party Sites do not imply that GDYO is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through such links, or that any linked Third Party Site is authorized to use any trademark, trade name, logo or copyright symbol of GDYO.

Disclaimers of Warranty

The content on GDYO Website is for informational purposes only. GDYO, and each of its licensors and service providers, assumes no liability for any inaccurate, delayed or incomplete information, nor for any actions taken in reliance thereon. The information contained on the GDYO Website provided by any third party, including, without limitation, the information obtained through any link, has been supplied without verification by us.

YOU EXPRESSLY AGREE THAT USE OF THE GDYO WEBSITE IS AT YOUR SOLE RISK. THE GDYO WEBSITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS AND IT IS PROVIDED TO YOU ON AN "AS IS" BASIS WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. GDYO, ITS LICENSORS, SERVICE PROVIDERS AND SUPPLIERS, MAKE NO REPRESENTATION AND DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING, WITHOUT LIMITATION, REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING ACCURACY, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY, MERCHANTABLE QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE OR THOSE ARISING BY LAW, STATUTE, USAGE OF TRADE, OR COURSE OF DEALING. GDYO, AND EACH OF ITS LICENSORS AND SERVICE PROVIDERS, ASSUMES NO RESPONSIBILITY TO YOU OR TO ANY THIRD PARTY FOR THE CONSEQUENCES OF ANY ERRORS OR OMISSIONS. GDYO RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE GDYO WEBSITE. GDYO MAY MAKE ANY OTHER CHANGES TO THE GDYO WEBSITE AT ANY TIME WITHOUT NOTICE.

Limitations of Liability

GDYO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES, OF ANY KIND, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE MATERIALS OR THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER RESULTING FROM THE USE OF OR INABILITY TO USE ANY MATERIALS ON THE GDYO WEBSITE (OR A THIRD PARTY WEBSITE LINKED TO THE GDYO WEBSITE), OR ANY OTHER CAUSE; AND EVEN IF CAUSED BY THE NEGLIGENCE OF GDYO OR BY THE NEGLIGENCE OF ITS RESPECTIVE LICENSORS OR SERVICE PROVIDERS, AND EVEN IF ANY OF THEM HAS BEEN APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.

THE ABOVE LIMITATIONS AND EXCLUSIONS SHALL APPLY TO YOU TO THE FULLEST EXTENT THAT APPLICABLE LAW PERMITS, IN ALL ACTIONS OF ANY KIND, WHETHER BASED ON CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE THEORY. ANY CLAUSE DECLARED INVALID SHALL BE DEEMED SEVERABLE AND NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF THE REMAINDER OF THESE TERMS OF USE.

Protecting Information

The GDYO Website has reasonable security measures in place to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security is not yet possible over the Internet. GDYO assumes no liability for any damages you may suffer as a result of interception, alteration or misuse of any information transmitted over the Internet.

Violations of Terms of Use

GDYO reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block or restrict access from a particular Internet address to the GDYO Website.

Indemnification

You agree to indemnify, defend, and hold GDYO, and its respective shareholders, members, partners, directors, managers, officers, employees, agents, information providers, suppliers, and attorneys, harmless from any and all liabilities, losses, claims, and expenses, including, but not limited to, all legal fees and costs arising from or relating to (a) your failure to comply with any of these Terms of Use; and (b) your use of the GDYO Website. GDYO has no duty to reimburse, defend, indemnify, or hold you harmless resulting from, relating to, or arising out of, these Terms of Use or the GDYO Website.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute under these Terms of Use or your use of the GDYO Website reside in the courts located in the State of Texas. You further expressly agree to submit to the personal jurisdiction of the courts located in Dallas County, Texas, for the purpose of litigating any such claim or action.

Miscellaneous

This Section, and the provisions of these Terms of Use addressing disclaimers of representations and warranties, indemnity obligations, intellectual property and governing law, shall survive the termination of these Terms of Use.

These Terms of Use and the GDYO Website Privacy Policy contained on this website, constitute the entire agreement between the GDYO and you with respect to your use of the GDYO Website, and supersede all previous written or oral agreements. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

BY USING THE GDYO WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS HEREIN.

Updated: November, 2006

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