Terms of use

The Montalvo Arts Center (Montalvo) has created and maintains this website in furtherance of its mission. Access to, and use of, this website are subject to the terms and conditions set forth below. Please read the following terms and conditions carefully.

ACCEPTANCE OF TERMS AND CONDITIONS OF USE
By accessing, browsing, and/or using this website you are deemed to have agreed to these Terms and Conditions of Use. If you choose not to accept these Terms and Conditions, then please exit this website and refrain from using it.

Modification

Montalvo reserves the right, in its discretion, to change, modify, add, or remove portions of these terms and conditions at any time. Please periodically check the terms and conditions for changes. By accessing, browsing, and/or using this website after changes have been posted, you agree to accept those changes.

Privacy Policy

Montalvo’s Privacy Policy is hereby incorporated into these terms and conditions.
Please read the Privacy Policy below this section carefully.

Use of Materials

All materials published by Montalvo within the Montalvo website, including images, text, documents, audio, video, and interactive media are made available for non-commercial, educational, and/or personal use only. Copying or redistribution in any manner for commercial use, commercial publication, or exploitation for personal or corporate gain, is strictly prohibited, regardless of format or digital articulation. 

By using this website, you hereby acknowledge and agree that, subject to valid third-party rights, Montalvo retains all intellectual property rights, including without limitation copyrights, trademarks, service marks, patents, and other proprietary rights, in and to the texts, images, marks, data, audio, video, and all other content contained in this website (collectively “Materials”). Montalvo expressly prohibits the reproduction, distribution, transmission, sale, transfer, creation of derivative works, modification, public display, public performance, publication, or any commercial exploitation of any Materials on this website, except for the purposes of fair use as defined in the copyright laws, and as described in the Rights and Reproductions section on Montalvo’s website.

All parties obtaining and/or using the Materials represent and warrant to Montalvo that the displaying, copying, and any other use of Materials will not violate any other party’s rights.

Disclaimer of Liabilities

Montalvo assumes no responsibility or liability arising from the content on this website nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within the website. Montalvo has no obligation to monitor the website. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Montalvo will fully cooperate with any law enforcement authorities or court order requesting or directing Montalvo to disclose the identity of anyone posting any such information or materials. Montalvo further disclaims any responsibility or liability for any damages to your computer equipment or property or any virus that may infect your equipment or property as a result of your access to, use of, browsing in, or downloading from this website.

Disclaimer of Warranties

This website is provided to you “as is” and “as available” with no warranty. To the maximum extent permitted by law, Montalvo disclaims all warranties or conditions of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and implied warranties arising from course of dealing or course of performance. Montalvo does not warrant, or make any representations that: (a) the website will meet your requirements; (b) the website will be uninterrupted, timely, secure, or error free; (c) the results or information that may be obtained from use of the website will be accurate or reliable; (d) the quality of any products, services, information, other material purchased or obtained by you through the website will meet your expectations; or (e) the website or material accessible through the website is free of viruses or other harmful components. You acknowledge that if you rely on any information or content on the website, you do so solely at your own risk. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you.

Limitation of Liability

You expressly understand that in no event will Montalvo or its trustees, employees, affiliates, agents, licensors, or suppliers be liable for any direct, indirect, consequential, incidental, special, exemplary, or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss, whether in an action under contract, tort (including negligence) or otherwise, arising out of or relating to: (a) your use or inability to use the website; (b) your reliance on any content on the website; (c) any goods or services purchased through use of the website; or (d) any goods or services advertised on the website; even if Montalvo or any related party has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so some of the above limitations may not apply to you.

Warranty and Indemnity

By using this website, you represent and warrant that your use will be consistent with these Terms of Use. You agree to indemnify, defend, and hold the Montalvo and its trustees, employees, affiliates, agents, licensors, or suppliers harmless from all claims, suits, actions, costs, damages, expenses, fees (including reasonable attorneys’ fees), and any other liabilities arising from or relating to your use of this website or any of its contents.

Third-Party Links

This website may contain links to third-party websites. You acknowledge and agree that Montalvo is not responsible for any content of any linked website. Montalvo provides these links as a convenience only, and a link does not imply endorsement, sponsorship, or any affiliation with the linked website. Montalvo does not make any express or implied warranties with regard to the nature of the information, materials, products, or services that are displayed or linked by any third-party web content. Montalvo is not responsible for any content on third-party links or for the privacy policies or practices of such websites.

Trademarks, Trade Names, Logos, and Service Marks

By using this website, you acknowledge that nothing contained in this website grants, by implication or otherwise, any right or license to use any trademark, trade name, logo, or service mark displayed on the website without written permission of Montalvo or any third party owner. Your misuse of the any trademark, trade name, logo, or service mark displayed on this website, including alteration or use out of context, is strictly prohibited.


Digital Millennium Copyright Act

It is Montalvo’s policy to respond to any notice of alleged infringement that complies with the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Sec. 512(c)(2). A copyright owner acknowledges that if he or she fails to comply with the DMCA notice requirements, his or her DMCA notice may not be valid. For purposes of the DMCA, please email kbernal@montalvoarts.org.

User Content

Any and all information (other than personal information which is governed by the Privacy Policy), including data, text, files, images, graphics, and all other material, that a user transmits to or supplies to Montalvo is referred to as “User Content.”  Although Montalvo may from time monitor or review User Content, Montalvo is under no obligation to do so and assumes no responsibility or liability arising from any error, inaccuracy, virus, corrupt file, threat, defamation, libel, slander, omission, falsehood, obscenity, pornography, abuse or harm to minors, promotion of bigotry, violence, or racism, or infringements of the rights of others contained in User Content or the failure or delay in removing User Content.

The following types of User Content are inappropriate and strictly forbidden: content that infringes, violates, or misappropriates the rights of any other person or third party such as intellectual property rights, publicity rights, or privacy rights; content that is threatening, defamatory, obscene, abusive, or harmful to minors; content that promotes bigotry, violence, or racism; content that is false or misleading; content that contains a virus, corrupt file, or other materials that may cause damage to another’s computer; advertisements, spam, or content that Montalvo finds inappropriate at its sole discretion.

Montalvo reserves the right, in its sole discretion, to refuse to publish, to edit, to modify, or to remove any User Content that does not comply with these Terms and Conditions. Whether or not Montalvo exercises any of those rights, users remain solely responsible for their User Content.

In connection with User Content, each user of this website affirms, represents, and/or warrants that he or she owns, or has the necessary license, rights, consents, and/or permissions to use, and authorizes Montalvo to use, any patent, trademarks, copyright or any other proprietary rights in any and all User Content.

When a user transmits or otherwise supplies User Content to Montalvo, he or she expressly grants to Montalvo a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, fully transferable and sub-licensable right and license to use, reproduce, distribute, modify, adapt, prepare derivative works from, display, perform the User Content for any purpose.

Jurisdiction

These terms and conditions are governed by the laws of the State of California. Each party hereby irrevocably consents to exclusive jurisdiction of the state and federal courts located in the County of Santa Clara, California, for all claims arising from or relating to the operation or use of this website.

Miscellaneous

These terms and conditions express the complete understanding of the parties with respect to the subject matter hereof and supersede all prior and contemporaneous communications and agreements, written or oral, regarding this website.

If any provision of this Agreement or portion thereof is held invalid or unenforceable, such provision or portion thereof shall be deemed severed, and the remainder of this Agreement shall remain in full force and effect.
The failure by Montalvo to insist upon or enforce strict performance of any provision of the Terms of Use by you or others will not be construed as a waiver of any provision or right of Montalvo.

You may not assign or transfer these Terms of Use or any rights hereunder, and any attempt to the contrary is void, but Montalvo may assign any rights or licenses granted hereunder.

Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in these Terms and Conditions survive and termination of use.
The Terms of Use will inure to the benefit of Montalvo and its successors and assigns.
Section headings used in this document are for convenience only and do not have any legal effect.

Refusal or Suspension of Service

Montalvo reserves the right, but has no obligation, to have Montalvo’s systems monitor your social networking activities available in connection with this website. Montalvo reserves the right, in its sole discretion, to terminate your access to all or part of this website with or without notice. Montalvo may change, suspend, interrupt, or discontinue any or all components of this website at any time, including the availability of any feature, database, or content, including any interactive areas, without prior notice or liability.

Contact

For questions, inquiries, or correspondence, please email us at
kbernal@montalvoarts.org.

Montalvo Arts Center (“Montalvo”) values the privacy of our users, members, and others who visit and use www.montalvoarts.org and its associated websites and services (collectively, the “MONTALVO Website“) (collectively or individually “Users”). This privacy policy (the “Privacy Policy“) governs information you provide to us or that we learn from your use of the MONTALVO Website and tells you how we may collect, use, and in some instances share this information.

The Information MONTALVO Collects

User Provided Information: You may provide to MONTALVO what is generally called “personally identifiable” information when you register on the MONTALVO Website, such as your name, postal mailing address, email address, personal/business/mobile telephone number, billing information, and resume/CV. In addition, MONTALVO may give you the option to provide us with certain demographic and preference information about yourself.

“Cookies” Information: When you visit the MONTALVO Website, we may send one or more cookies — a small text file containing a string of alphanumeric characters — to your computer. The use of cookies is common practice and MONTALVO may use both session cookies and persistent cookies.

A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to the MONTALVO Website. For example, advertising cookies may be placed on your computer so that we can understand what you are interested in. Our display advertising partner, AdRoll, then is enabled to present you with retargeting advertising on other sites based on your previous interaction with MONTALVO. The techniques our partners employ, however, do not collect personal information such as your name, email address, postal address or telephone number. You can visit the page http://www.adroll.com/about/privacy to opt out of AdRoll and their partners’ targeted advertising. In addition, if you prefer, any persistent types of cookies can be removed. Each web browser implements different functionality, so please refer to the manuals or technical support resources that are available in conjunction with your web browser to learn the correct way to modify your cookies set-up. Please note that disabling cookies may prevent you from accessing some of the resources and functionality available via the MONTALVO Website.

“Automatically Collected” Information: When you visit the MONTALVO Website or open one of our emails, we may use different types of technology to record certain information from your web browser. This “automatically collected” information may include Internet Protocol address and location (“IP Address”), web browser type, web pages or sites that you visit just before or just after the MONTALVO Website, pages you view on our website, and dates and times that you visit. In part, we may use the information we collect to serve you more relevant advertisements (referred to as “Retargeting”). This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information.

Personal Information: When you interact with us, we automatically receive and store certain types of information, such as the content you view, the date and time that you view this content, the products you purchase, or your location information associated with your IP address. We use the information we collect to serve you more relevant advertisements (referred to as “Retargeting”). This is statistical information used to monitor the usage of our website and for advertising purposes. This information does not include personal information.

The Way MONTALVO Uses Information

MONTALVO uses the information that we collect to provide various features and services to our Users, members, and visitors.

MONTALVO may use all of the information that we collect from our Users to understand usage trends and preferences, to improve the way the MONTALVO Website and MONTALVO apps work and look, to improve our promotional efforts, membership drives, and fundraising efforts, and to create new features and functionality.

MONTALVO may use automatically collected information and cookies information to: (a) remember your information so that you will not have to re-enter it during your visit or the next time you visit the MONTALVO Website; (b) provide custom, personalized content and information; (c) monitor the effectiveness of our promotional efforts, membership drives, and fundraising efforts; and (d) monitor aggregate usage metrics such as total number of visitors and pages viewed.

MONTALVO will use information you provide through the MONTALVO Website, such as your email address or other personally identifiable information: (a) without further consent, for non-promotional or administrative purposes such as notifying you of major website updates, and (b) to send promotional, fundraising, and membership-related communications to you unless you opt-out of receiving such communications.

You may request that MONTALVO delete your personal information by contacting us as directed below.

When MONTALVO Discloses Information

MONTALVO may disclose both personally identifiable and automatically collected information to third party businesses, organizations, or persons to process such information on our behalf, to provide website maintenance and security, to provide various features and services to our Users, members, and visitors (including without limitation to enable sending of promotional, fundraising, and membership-related communications), to assist us in improving the way the MONTALVO Website works and looks, and to create new features.

We may share automatically collected and other aggregate non-personally-identifiable information with interested third parties to assist them in understanding the usage patterns for certain content, services, promotions, and/or functionality on the MONTALVO Website.

Except as otherwise noted in this Privacy Policy, MONTALVO does not share personal information about Users with third parties unless doing so is appropriate to carry out a User’s request, or unless it reasonably believes that doing so is legally required or in MONTALVO’s interest in order to protect its property and other legal rights or the property and rights of others.

We do not share personally identifiable information with third-party organizations for their marketing or promotional use: (a) unless we obtain your prior consent, or (b) as part of specific programs or features for which you will have the ability to opt-out. By way of example, and without limitation, one such program may include sharing your information with other Bay Area cultural organizations through list exchanges designed to pair patrons with organizations whose work might interest them.
You may request that MONTALVO delete your personal information by contacting us as directed below.

Third Party Service Providers

The MONTALVO Website may contain links to other websites, products, or services that MONTALVO does not own or operate. For example, we may partner with third party service providers to provide our Users with certain functionality or features (e.g. for online ticket sales). At times, websites hosted by these third party service providers, or other partners, may appear as if you are still on the MONTALVO Website. To tell whether you are on the MONTALVO Website or viewing third-party content, simply check the address of the page in your browser’s address window.

We encourage you to read the privacy statements of each and every third-party website and service before providing any personally identifiable information to its operators. Some of these third parties may share or sell the information that they collect from you. MONTALVO is not responsible for the privacy practices of third parties. If you choose to visit or use any third-party products, websites, or services, including those offered by our third party service providers or other partners, please be aware that this Privacy Policy will not apply to your activities or any information you disclose while using third-party products or services or otherwise interacting with any third parties.

Children

MONTALVO does not collect personally identifiable information from children except in connection with certain features and programs which are identified on the MONTALVO Website as collecting such information. Personally identifiable information collected from children by MONTALVO: (i) is not disclosed to third parties, (ii) is only used for the purposes of providing the applicable feature or program, and (iii) is not retained longer than necessary to provide the applicable feature or program. If you have any questions or concerns, please contact us at info@montalvoarts.org.

Our Commitment to Data Security

No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. We employ encryption and firewalls to protect your information from unauthorized access, disclosure, alteration, or destruction via the Internet. We implement a secure processing server on our site when collecting information to ensure a high level of security for your personal information entered such as bank details and credit card information. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of such firewalls and secure server software.

If MONTALVO learns of a security systems breach, then we may attempt to notify you electronically so that you can take appropriate protective steps. By using the MONTALVO Website or providing personal information to us, you agree that we can communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the MONTALVO Website. MONTALVO may post a notice on the MONTALVO Website if a security breach occurs. MONTALVO may also send an email to you at the email address you have provided to us in these circumstances.

Special Note to International Users

The MONTALVO Website is hosted in the United States. If you are a User accessing the MONTALVO Website from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure, that differ from United States laws, please note that you are transferring your personal data to the United States which does not have the same data protection laws as the EU and other regions, and by providing your personal data you consent to:

– the use of your personal data for the uses identified above in accordance with the Privacy Policy;
and
– the transfer of your personal data to the United States as indicated above.

Changes and Updates to This Privacy Policy

We may occasionally update this Privacy Policy. When we do, we will also revise the “Last Updated” section below. For changes to this Privacy Policy that may be materially less restrictive on our use or disclosure of personal information that you have provided to us, we will attempt to obtain your consent before implementing the change. We encourage you to periodically review this Privacy Policy to stay informed about how we are protecting the personal information we collect. Your continued use of the MONTALVO Website constitutes your agreement to this Privacy Policy and any updates.

Contacting MONTALVO

If you have any questions, comments, or concerns about this Privacy Policy, please email us at info@montalvoarts.org.