Effective date: December 17, 2018
1. BINDING EFFECT. THIS IS A LEGAL AGREEMENT BETWEEN YOU AND SAN DIEGO YOUTH SYMPHONY (“SDYS”) REGARDING YOUR USE OF THE WEBSITE HTTP://MYINFO.SDYS.ORG/ (THE “SITE”) AND THE FEATURES AND FUNCTIONALITY PROVIDED IN CONNECTION WITH THE SITE (THE “SERVICE”). PLEASE READ THIS DOCUMENT CAREFULLY BEFORE CONTINUING TO REGISTER. BY CLICKING ON THE “YES, I ACCEPT” BUTTON, YOU ARE AGREEING TO BE BOUND BY, AND ARE BECOMING A PARTY TO, THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT CLICK ON THE “YES, I ACCEPT” BUTTON AND DISCONTINUE YOUR REGISTRATION.
3. CREATING ACCOUNT. You are required to create a primary adult account, provide your household information and create one or more student accounts to use all the features of the Site or Service. In order to sign up, you must complete the registration process by providing the complete and accurate information requested on the information collection forms. IF YOU REGISTER, APPROVE THE REGISTRATION OF, OR OTHERWISE ASSUME RESPONSIBILITY FOR ANY CHILD, YOU REPRESENT AND WARRANT THAT YOU ARE SUCH CHILD’S PARENT OR LEGAL GUARDIAN AND YOU AGREE TO BE BOUND BY THE TERMS ON BEHALF OF SUCH CHILD, INCLUDING WITHOUT LIMITATION BEING LIABLE FOR ALL USE OF THE SERVICE BY THE CHILD. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify SDYS immediately on any unauthorized use of your account, user name, or password. SDYS shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by SDYS, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.
4. USE OF STUDENT MANAGEMENT SYSTEM. SDYS makes the student management system available to you through the Site for the registration of students, communication regarding their musical learning and progress and exchange of other information regarding SDYS’ programs and services. You agree to use the Site for your personal, educational and noncommercial use only and may not sell, redistribute, or reproduce any content on the Site for any commercial purpose.
6. PAYMENTS. SDYS uses a third party contractor, currently Authorize.net, to process your registration payments. Payments for student registration shall be made using a credit card and shall be processed by Authorize.net or any other payment processor engaged by SDYS for this purpose. You hereby authorize Authorize.net or any payment processor engaged by SDYS to charge, to the credit card you provide, all amounts owed as a result of your registering student(s) for music programs using the Site. You assume all responsibility for notifying our payment processor of changes in credit card numbers and/or expiration dates. If your credit card is denied when charged, we may charge and collect from you a "bad account" fee of twenty five ($25.00) dollars for any declined or rejected transaction. Your students may not participate in any music programs until payment for the corresponding registration fees are paid in full. You shall additionally be responsible for and shall immediately pay us, on demand, any payments that are made to us that are subject to a subsequent reversal. Questions regarding charges must be brought to the attention of our billing department within ninety (90) days after the end of the questioned billing period. Charges beyond ninety (90) days old are not subject to review, reversal or refund. YOU REPRESENT AND WARRANT THAT (I) THE CREDIT CARD INFORMATION SUPPLIED TO OUR PROCESSOR DURING REGISTRATION PAYMENT IS TRUE, CORRECT AND COMPLETE AND THAT YOU ARE AUTHORIZED TO PROVIDE AND USE IT, (II) PAYMENTS MADE YOU WILL BE HONORED BY YOUR CREDIT CARD COMPANY, AND (III) YOU SHALL PAY FOR ALL REGISTRATION FEE PAYMENTS INCURRED THROUGH USE OF YOUR LOGIN CREDENTIAL.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
8. PROHIBITED USES. SDYS imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access. You are also prohibited from interfering or attempting to interfere with service to any user, host, or network or attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SDYS in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability. You further agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity or attempt to use the Service to contact students or otherwise solicit personal information from anyone under the age of 18.
9. COPYRIGHT INFRINGEMENT. SDYS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. SDYS’ policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SDYS to delete, edit, or disable the material in question, you must provide SDYS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SDYS to locate the material; (d) information reasonably sufficient to permit SDYS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SDYS’ designated agent at:
San Diego Youth Symphony and Conservatory
1650 El Prado #207A
San Diego, CA 92101, USA
Attn: Copyright Agent
Email Address: support@SDYS.org
11. NO WARRANTIES. SDYS HEREBY DISCLAIMS ALL WARRANTIES. SDYS IS MAKING THE SITE AND ALL RESOURCES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE AND THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SDYS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, SERVICE AND THE RESOURCES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. SDYS DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
12. LIMITED LIABILITY. SDYS’ LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SDYS BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE, THE SERVICE, OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY SDYS. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
13. THIRD PART SITES. SDYS has no control over, and no liability for any third party websites or materials. SDYS makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and SDYS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites.
14. COPYRIGHT. All contents of Site or Service are: Copyright © 2018 San Diego Youth Symphony and Conservatory, All rights reserved.
19. NOTICE FOR CALIFORNIA USERS. Under California Civil Code Section 1789.3, users of the Service from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at San Diego Youth Symphony and Conservatory
1650 El Prado #207A, San Diego, CA 92101, USA, or by telephone at 619.233.3232.