Legal Notices

Terms Of Use

 

1. Acceptance of Terms of Use and Amendments (“Terms Of Use”).   Each time you use or cause access to this website, you agree to be bound by these Terms Of Use as amended from time to time with or without notice to you.  In addition, if you are using a particular service on or through this website, you will be subject to any rules or guidelines applicable to those services and they shall be incorporated by reference into these Terms Of Use.

 

2. Our Service.   PatrickKelsey.com and affiliate sites and services provided to you on and through our website on an “AS IS” basis.  You agree that the owners of this website exclusively reserve the right and may, at any time and without notice and any liability to you, modify or discontinue this website and its programs or services or delete the data you provide, whether temporarily or permanently.  We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.

 

3. Your Responsibilities and Registration Obligations.   In order to use this website in its entirety, you may or may not need to register on our site, and agree to provide truthful information when requested.  When registering, you explicitly agree to our Terms Of Use and as may be modified by us from time to time and available here.

 

4. Privacy Policy.   If you are 13 or under the age of 13, you warrant you have obtained permission from a parent or guardian before registering for mailings or communications from PatrickKelsey.com  and its affiliate sites.  You also should see the Children’s Privacy Notice in the Privacy Policy – Section 3.   Registration data and other personally identifiable information that we may collect is subject to the terms of our Privacy Policy.   Further explanation of our policy regarding privacy is located in the Privacy Policy.

 

5. Registration and Password.   You are responsible to maintain the confidentiality of your password, if applicable, and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you.  You agree to immediately notify us of any unauthorized use or your registration, user account or password.

 

6. Your Conduct.   You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“Content”), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used.  You agree that our website may expose you to Content that may be objectionable or offensive.  We shall not be responsible to you in any way for the Content that appears on this website nor for any error or omission.   You explicitly agree, in using this website or any service provided, that you shall not:

 

(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this website or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national or international law;

 

(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;

 

(c) collect or harvest any data about other users;

 

(d) provide or use this website and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;

 

(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.

 

7. Submission of Content on this Website.   By providing any Content to our website:

 

(a) you agree to grant to us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part.  Such license will apply with respect to any form, media, and technology known or later developed;

 

(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us with the license set forth in this Section 7;

 

(c) you acknowledge and agree that we shall have the right (but not obligation), in our sole discretion, to refuse to publish or to remove or block access to any Content you provide at any time and for any reason, with or without notice.

 

8. Third Party Services.   Goods and services of third parties may be advertised and/or made available on or through this website or email directly or indirectly from www.patrickkelsey.com.  Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties.  We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.  If you, however, chose to interact or subscribe to any Third Party Services you agree to indemnify PatrickKelsey.com  and its affiliates as outlined below.

 

9. Indemnification.   You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney’s fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this website or service, your provision of Content, your violation of this Terms Of Use or any other violation of the rights of another person or party.

 

10. DISCLAIMER OF WARRANTIES.   YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS MADE AVAILABLE AND PROVIDED TO YOU AT YOUR OWN RISK.  IT IS PROVIDED TO YOU “AS IS” AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.   WE MAKE NO WARRANTY, IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD.  YOU UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR LIABILITY OF ANY KIND.   Some jurisdictions may not allow disclaimers of implied warranties and the above disclaimer may not apply to you only as it relates to implied warranties.

 

11. LIMITATION OF LIABILITY.   YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.   In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.

 

12. Reservation of Rights.   We reserve all of our rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that we may have in our website, its content, and the goods and services that may be provided.  The use of our rights and property requires our prior written consent.  We are not providing you with any implied or express licenses or rights by making services available to you and you will have no rights to make any commercial uses of our website or service without our prior written consent.

 

13. Notification of Copyright Infringement.   If you believe that your property has been used in any way that would be considered copyright infringement or a violation of your intellectual property rights, our copyright agent may be contacted at patrick at patrickkelsey dot com.

 

14. Applicable Law.   You agree that this Terms Of Use and any dispute arising out of your use of this website or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this website is located, without regard to its conflict of law provisions.  By registering or using this website and service, you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this website is located.

 

15. Miscellaneous Information.   (a) In the event that this Terms Of Use conflicts with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of this Terms Of Use will remain valid and intact;   (b) The failure of either party to assert any right under this Terms Of Use shall not be considered a waiver of any that party’s right and that right will remain in full force and effect;   (c) You agree that without regard to any statue or contrary law that any claim or cause arising out of this website or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;   (d) We may assign our rights and obligations under this Terms Of
Use and we shall be relieved of any further obligation.

 

16. Contact Information.   If you have any questions about these Terms of Use or our website, please feel free to contact us at patrick at patrickkelsey dot com

 

Privacy Policy

 

PatrickKelsey.com and its affiliates takes your right to privacy seriously and wants you to feel comfortable using our website.  This Privacy Policy (“Privacy Policy”) deals with personally identifiable information (referred to as “Data” below) that may be collected by us either directly or indirectly on our site.  This Policy does not apply to other entities that we do not own or control persons that are not our employees, agents or within our control.  Please take time to read our Terms Of Use.  Protecting your privacy is important for PatrickKelsey.com.  We recognize that you want to understand how personally identifiable data about you is being gathered and used.  We only use your personal data to offer customized information services.  No third parties have access to data from us.  

 

1. Collection of Data.   If applicable, our active registration process requires only that you enter a valid e-mail address and in some cases a unique user ID and password.  Providing us with other information is at your option.  Please take note that your user name, e-mail address, or other submissions that you make on this site may contain your real name or other personally identifiable information and, as a result, may appear on this site.  Like many websites, we may also automatically receive general information that is contained in our server log files such as your IP address and cookie information.  Information about how advertising may be served on this site (if at all) is set forth below.  We do not collect or use data that you do not actively provide through our mailing list registration or that which is directed to us, by you, through our email service.  

 

2. Use of Data.   We may use Data to customize and improve your user experience on this site and within the programs and events that we offer.  We will make efforts so that your Data will not be provided to third parties unless (i) provided for otherwise in this Privacy Policy; (ii) we obtain your consent, such as when you choose to opt-in or opt-out to the sharing of Data; (iii) a service provided on our site requires the interaction with or is provided by a third party, by way of example an Application Service Provider; (iv) pursuant to legal process or law enforcement; (v) we find that your use of this site violates our this Policy, Terms of Service, other usage guidelines or as deemed reasonably necessary by us to protect our legal rights and/or property; (vi) or (vi) this site is purchased by a third party whereby that third party will be able to use the Data in the same manner as we can as set forth in this Policy. In the event you choose to use links that appear on our site to visit other websites, you are  advised to read the privacy policies that appear on those sites.  All information that is provided may be used in any way in PatrickKelsey.com ’s discretion and per the outlined policy herein.  

 

3. Children’s Privacy Notice   This section of the Privacy Policy for PatrickKelsey.com is designed for children so that they may understand that the information they are providing PatrickKelsey.com is being protected with every reasonable best effort.   PatrickKelsey.com collects children’s names, mailing addresses, email addresses, phone numbers, and birthdays, among other information, such as how often one has attended the theatre, in order to later contact the child with an offer to attend one or more of our PatrickKelsey.com  programs.   The contact information is usually used only to send information to the child, but also may be used to determine how interested our children are in specific programs, surveys, or other related marketing projects.   PatrickKelsey.com on collects your information activity, in that it does not collect your information without you providing it to us in a request, you register with our mailing list, or you have provided such information on an application for one of our programs.  PatrickKelsey.com  does collect your information passively, in that in a manner of which you yourself do not actively offer it.  You may, at any time and without any cost to you, have your information removed from our list by writing to us or removing your contact information as instructed on an email that you may have received.  Your parent or guardian may access your information, but only after we have verified their identity.   If you are exploring the PatrickKelsey.com website and you select an internet link that takes you away from www.patrickkelsey.com , you and your parent must review that site’s privacy policy, as it may be different from our own.   If you have any questions regarding this privacy policy, please see below on how to contact us for further clarification or ask your parent or guardian.  PatrickKelsey.com does not provide your information to any third party services, without your permission.  

 

4. Cookies.   Like many websites, we reserved the right to set and use cookies to enhance your user experience, such as retaining your personal settings.  Advertisements may appear on our website and, if so, may set and access cookies on your computer and is subject to the privacy policy of those parties providing the advertisement.  However, the companies serving the advertising do not have access to our cookies.  These companies usually use non-personally identifiable or anonymous codes to obtain information about your visits to our site.  

 

5. Editing or Deleting Your Account Information.   We provide you with the ability to edit the information in your user account information that you provided to us in registration by using your personal page configuration area.  You may also request deletion of your user account by contacting us at patrick at patrickkelsey dot com .  Account information will not be released in whole or in part without verifiable proof of parental or guardian identification.  Content or other data that you may have provided to us and that is not contained within your user account, such as posts that may appear within our forums, may continue to remain on our site at our discretion even though your user account is deleted.  Please see our Terms of Use for more information.  

 

6. Changes to this Privacy Policy.   We may make changes to this Policy from time to time.  We will notify you of substantial changes to this Policy either by posting a prominent announcement on our site and/or by sending a message to the e-mail address you have provided to us that is contained within your user settings.  

 

7. No Guarantees.   While this Privacy Policy states our standards for maintenance of Data and we will make efforts to meet them, we are not in a position to guarantee these standards.  There may be factors beyond our control that may result in disclosure of data.  Therefore, we disclaim any warranties or representations relating to maintenance or nondisclosure of Data.

 

8. Contact Information.   If you have any questions about this Privacy Policy or our website, please feel free to contact us at patrick at patrickkelsey dot com.

 

Legal Notice

 

Trademark Notice  

 

PatrickKelsey.com are registered trademarks of Patrick A. Kelsey.  All rights reserved.  All other trademarks included herein are the property of their respective owners and no rights are granted by their use herein.  

 

Disclaimer

 

This website and its affiliate sites may contain links to third party websites, which may or may not be operated in conjunction with our website(s).  PatrickKelsey.com does not monitor or control the information on these other websites.  The treatment of user data, policies, positions, and other materials by the operators of third party websites may be different from ours.  Contact the third party operator for their terms of use and privacy policies.   Please also see our Terms of Use and our Privacy Policy for additional information  

 

Contact Information

 

If you have any questions about our website, please feel free to contact us at patrick at patrickkelsey dot com.