You ("you" or the "User") are about to register to view a web site hosted by, and/or use other services provided or arranged by, Sun City Anthem Performing Arts Club ("we" or "us"). We provide to members and the board web site hosting and other online resources and services (collectively, the "Services"), subject to the following terms and conditions and any rules, guidelines or policies that may be published from time to time by us (collectively, the "Terms of Service"). We may refuse to provide the Services to any person or entity in our sole discretion. We may cancel the Services with or without cause at any time, including, without limitation, if any of the registration information you provided is false or misleading, if you have violated these Terms of Service, or if the club informs us that you are not authorized to use any of the Services. Unless we state otherwise, any changes or additions to any of the Services, will be subject to these Terms of Service. These Terms of Service (including the rules, guidelines and policies incorporated herein) may be changed from time to time by us without notice. By registering to use or using this web site or any of the other Services, you agree to these Terms of Service.
We do not provide hardware, software, equipment or systems to any User to connect to or access the Internet, and all such hardware, software, equipment and systems shall remain the sole responsibility of the User.
REGISTRATION AND PASSWORDS
By registering to use the Services, you represent to us and agree that (a) you are 18 years of age or older, (b) a member in good standing of the club and are permitted to access the web site or use the other Services for which you are registering, and (c) you have provided to us and will maintain at all times with us accurate, correct and complete information that may be requested by the registration forms (the "Registration Data"). If we have reason to believe that the Registration Data you have provided is not accurate or incomplete, we may suspend or terminate your ability to use any or all of the Services. Your Registration Data is subject to our Online Privacy Policy (see Section 3).
We attempt to protect the privacy and integrity of the Services by making access to and use of the Services subject to the use of a password. When you register to use the Services the first time, you will be given initial access to the Services through a password. Thereafter, you must use your password to access and use the Services. You must keep your password confidential and not share your password with anyone. You will be fully responsible for all activity that occurs under the use of your user name or password. You agree to immediately notify us of any unauthorized use of your user name or password by emailing us at info@scapac.org.
CONDITIONS OF USE
You agree that you may use the Services only as long as you comply with rules, regulations and guidelines ("Rules") published by us from time to time. The Rules are in addition to any other rules, regulations or guidelines that may be adopted from time to time by your club or its board. The current Rules are published at https://scapac.org/legal/scapac.org_rules.html. We may amend or supplement the Rules from time to time in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Rules online for any changes. The Rules, as amended and supplemented from time to time, are incorporated by reference into these Terms of Service.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services.
We do not in the ordinary course pre-screen or monitor content of the web sites or public areas, nor on-line postings or other communications. However, we reserve the right, but not the obligation, to determine in our sole discretion what is and is not acceptable content on any web site or in any other communication or posting made in connection with the Services, to limit placement of any content on a web site or on any other area provided in connection with the Services, to remove, alter or block access to any content immediately and without prior notice, to determine in our sole and absolute discretion what is and is not an appropriate conduct and use of any of the Services, and to cease providing or bar access to any or all of the Services to any User at any time, for any reason or for no reason, without prior notice. We reserve the right, but not the obligation, to monitor and investigate complaints regarding any of the foregoing, and you agree to cooperate fully with us in providing access and information as may be requested at any time and from time to time. You agree that any reservation of rights by us imposes no obligation of any kind on us to take any of the foregoing actions.
Access to an club's web site and other portions of the Services, including content, is password protected. Currently, we also offer web site content backup Services to assist in the protection of content from loss. However, we do not warrant or guarantee the integrity or security of the Services or the content, information or data transmitted through or contained on any portion of the Services. Ultimately, the security of any club's web site, and of access to and of all content and data located on, any web site, are the responsibility of the club. Content and data on any web site may be subject to loss, alteration, corruption or destruction, and we shall have no responsibility therefore.
PRIVACY
Registration Data and other personally identifiable information about you that you provide to us through the Services is subject to our Online Privacy Policy. Our current Online Privacy Policy is found at https://scapac.org/docs/legal/scapac.org_privacy.html. Our Online Privacy Policy may be amended or supplemented from time to time by us in our sole discretion without prior notice. Changes are effective upon posting, and we encourage you to frequently review the Online Privacy Policy for any changes.
DISCLAIMERS AND LIMITATIONS
USE OF THE SERVICES AND ANY EQUIPMENT, SOFTWARE AND HARDWARE PROVIDED IN CONNECTION WITH THE SERVICES, IS ON AN "AS IS" BASIS AND ON AN "AS AVAILABLE" BASIS. WE MAKE NO, AND HEREBY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND OR NATURE WITH RESPECT TO THE SERVICES OR SUCH PROPERTY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER WE, YOUR CLUB, THE CLUB'S BOARD, NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES REPRESENTS OR WARRANTS THAT THE SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS OR OTHER PROPERTY THAT ARE USED IN PROVIDING THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE HEREBY DISCLAIM ANY LIABILITY OR RESPONSIBILITY, ARISING OUT OF THE INACCURACY, ILLEGALITY, AND/OR INAPPROPRIATENESS OF ANY CONTENT PROVIDED TO ANY WEB SITE OR ANY PUBLIC AREA, THE DAMAGE, DESTRUCTION OR CORRUPTION OF ANY CONTENT OR OTHER DATA, OR THE USE OR MISUSE OF, OR INABILITY TO USE, THE SERVICES BY ANY PERSON OR ENTITY.
IN NO EVENT WILL WE NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DELIVERING ANY OF THE SERVICES BE LIABLE FOR ANY INDIRECT, SPECIAL, OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH LOSSES) ARISING OUT OF OR RELATED TO THE SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE LIMITATIONS IN THIS SECTION 8 MAY NOT APPLY TO YOU.
Under no circumstances will we be liable for failure or delay in connection with the Services if the failure or delay is due to circumstances beyond our control including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunication or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies, or power used in equipment needed for the provision of services.
You agree that any claim or cause of action which you may have arising out of a claim related to these Terms of Service or the Services must be filed within one (1) year after such claim or cause of action arises, or the claim or cause of action will forever be barred.
INDEMNIFICATION
You agree to indemnify and hold harmless us and our subsidiaries, affiliates, officers, members, SIGs and representatives from any and all claims, liability and expenses (including without limitation, reasonable attorneys fees) arising out of or related to your use of the Services, your breach of any provision of these Terms of Service, or any content posted or transmitted by you through the use of the Services. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, which shall not excuse your indemnity obligations.
NOTICES
We may send notices by electronic mail, regular mail, courier or overnight delivery to the electronic mail address, mailing address or delivery address most recently provided. Notices will be effective upon transmission or delivery. We may provide changes to the Terms of Service (including, without limitation, the Rules and our Online Privacy Policy) by posting such changes on the Internet.
GENERAL PROVISIONS
These Terms of Service constitute the entire agreement between you and us concerning your use of the Services and the relationship between you and us, and supersede any prior or contemporaneous oral or written communications, representations or understandings concerning the subject matter. You may be subject to additional terms and conditions imposed by a separate agreement between Users, for example a separate agreement between members and their board. We are not bound by or subject to any such agreements. In addition, we may have entered into separate agreements with less than all Users. If you are not a party to any such agreement, then you agree that you are not subject to it, are not entitled to enforce it, and are not a third party beneficiary of it. You agree that you are not relying on any representation, warranty, guarantee or statement of any kind or nature made by us or anyone on our behalf except as set forth in these Terms of Service. If any provision of the Terms of Service is held invalid or unenforceable, the remaining provisions will remain in effect.
No waiver of any breach or failure or delay in exercising any right, power or remedy of any provision of these Terms of Service shall constitute a waiver of the same or any other provision hereof with respect to prior, concurrent or subsequent occurrences and no waiver shall be effective unless made in writing and signed by an authorized representative of the party against whom such waiver is sought. These Terms of Service, and any dispute arising pursuant to these Terms of Service, shall be governed by Nevada law, exclusive of its provisions regarding conflicts of law.
Titles and headings are included solely for convenient reference and are not part of these Terms of Service. You may not assign any of your rights or obligations (in whole or in part) without our prior written consent, which we may withhold, in our sole discretion. We may assign our rights and obligations under these Terms of Service without your prior written consent.
COPYRIGHTS AND INFRINGEMENT CLAIMS
We respect the intellectual property rights of others. We will process and investigate notices of alleged infringement of intellectual property rights related to this web site or the Services, as provided by Digital Millennium Copyright Act ("DMCA"), and will respond appropriately, as provided by the DMCA. As appropriate, we will move expeditiously to remove or disable access to material claimed to be infringing or claimed to be the subject of infringing activity. We will terminate access to Users who are repeat infringers. Notices of claimed infringement should be emailed to info@scapac.org