Terms of Use

IMPORTANT LEGAL INFORMATION

PLEASE READ THE FOLLOWING LEGAL INFORMATION CAREFULLY. THESE TERMS AND CONDITIONS MAY HAVE CHANGED SINCE THE LAST VISIT TO OUR SITE. BY USING THIS SITE, YOU INDICATED ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS CONDITIONS, THEN DO NOT USE THIS SITE.

TERMS AND CONDITIONS

The International Heart of Variety d/b/a Variety DC (“VARIETY”) maintains this web site as a service to its clients, donors, potential donors and other interested parties. Please visit us frequently and browse our pages. Downloads are subject to the terms and conditions set out below.

USERS/PARTICIPANTS

We do not discriminate on the basis of age, race, national origin, gender, and sexual orientation. No person under the age of 13 should use the site. We strongly encourage all parents and guardians to monitor the Internet use of their children. Use of the site by any user shall be deemed to be a representation that the user if 13 years of age or older.

TRADEMARKS, COPYRIGHTS & RESTRICTIONS

This site, and materials on the site, including, but not limited to, images, illustrations, posts, audio clips, and video clips (the “Materials”) are the property of VARIETY and its affiliates and licensors and are protected from unauthorized copying and dissemination by copyrights that are owned or licensed by VARIETY and by the copyright law, trademark law, international conventions and other intellectual property laws. By way of example, and not as a limitation, VARIETY is a registered trademark under the applicable laws of the United States and other countries. All other logos or product names are trademarks or registered trademarks of their respective owners. You may not reproduce, perform, create derivative works from, republish, upload, post, transmit, or distribute in any way whatsoever any Materials from www.varietydc.org or any bulletin board, or any other web site owned or operated by VARIETY without the prior written permission of VARIETY. However, you may download or make a copy of the Materials, and other downloadable items displayed on the site, for personal, non-commercial home use only, provided all copyright and other notices contained in the Materials are left intact. Any modification of the Materials, or any portion thereof, or use of the Materials for any other purpose constitute and infringement of VARIETY copyrights and other proprietary rights. Use of these Materials on any other web site or other networked computer environment is prohibited without prior written permission from VARIETY.

Nothing contained on this site grants, by implication, estoppel, or otherwise, any license or right to use this site or any information displayed on this site, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of VARIETY or such third party that may own the trademark or copyright of information displayed on the site.

Copyright and Trademark Information © 2015 Variety DC All Rights Reserved.

SUBMISSIONS, LICENSES AND REPRESENTATIONS

In these terms of use, VARIETY uses the word “Submissions” to mean text, messages, ideas, concepts, pitches, suggestions, stories, screenplays, treatments, formats, artwork, photographs, drawings, videos, audiovisual works, musical compositions (including lyrics), sound recordings, characterizations, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate or otherwise distribute on or through this site.

You hereby grant VARIETY and its licensees, distributors, agents, representatives and other authorized users, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable (in whole or part) worldwide license under all copyrights, trademarks, patents, trade secrets, privacy and publicity rights and other intellectual property rights you own or control to use, reproduce, transmit, display, exhibit, distribute, index, comment on, modify (including removing lyrics and music from any Submission or substituting the lyrics and music in any Submission with music and lyrics selected by us), create derivative works based upon, perform and otherwise exploit such Submissions, in whole or in part, in all media formats and channels now known or hereafter devised for any and all purposes including entertainment, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you, with or without attribution, and without the requirement of any permission from or payment to you or to any other person or entity (the “Submissions License”).

By communicating a Submission, you represent and warrant that the Submission and your communication thereof conform to the requirements of these terms of use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these terms of use (including the Submissions License). These terms of use (including the Submissions License) do not limit any past or future grant of rights, consents, agreements, assignments and waivers you may have made or make with respect to Submissions.

To the extent that any Submissions you distribute on or through this site contains original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) and sound recordings contained in such Submissions are available for licensing to us (and our licensees, distributors, agents, representatives and other authorized users) directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you grant the Submissions License with respect to each and every musical composition (including lyrics) and sound recordings contained in such Submissions.

You hereby appoint VARIETY as your agent with full power to enter into and execute any document and/or do any act VARIETY may consider appropriate to confirm the grant of rights, consents, agreements, assignments and waivers set forth in these terms of use.

To the extent any “moral rights,” “ancillary rights,” or similar rights in or to the Submissions exist and are not exclusively owned by VARIETY, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights.

Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments, and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us.

REMOVAL OF SUBMISSIONS

VARIETY reserves the right, but disclaim any obligation or responsibility, to (a) refuse to post or communicate or remove any Submission from this site that violates these terms of use; and (b) identify any user to third parties, and/or disclose to third parties any Submission or personally identifiable information, when VARIETY believes in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce these terms of use and/or protect the safety or security of any person or property, including this site. Moreover, VARIETY retains all rights to remove Submissions at any time for any reason or no reason whatsoever.

LINKS TO THIRD PARTY WEB SITES

VARIETY is not responsible for the content of any site that may be linked to or from www.varietydc.org or any bulletin board associated with VARIETY. These links are provided for your convenience only and you access them at your own risk. Any other web site accessed from this site is independent from VARIETY, and VARIETY has no control over the content of that other web site. In addition, a link to any other web sites does not imply that VARIETY endorses or accepts responsibility for the content or use of such other web site.

NO IMPLIED ENDORSEMENTS

In no event shall any reference to any third party or third party product or service be construed as an approval, guarantee or endorsement by VARIETY of that third party of any product or service provided by a third party.

PRIVACY ISSUES

VARIETY is concerned about privacy matters for users of this site. Please review our Privacy Policy.

DISCLAIMERS AND INDEMNITY

By using the site, posting materials, you agree to indemnity VARIETY, its officers, directors, employees, successors, agents, and affiliates for any and all claims, damage, losses and causes of action (including attorneys’ fees and court costs) arising out of or relating to your breach or alleged breach of this Agreement (including without limitation, claims made by third parties for infringement of intellectual property rights), or for any content that is provided by you. You agree to cooperate fully as reasonably required in VARIETY’s defense and settlement of any claim. VARIETY reserves the right to assume exclusive control over the defense and settlement of any matter subject to indemnification by you.

This information contained in this site is for general guidance on topics selected by VARIETY. Such information is provided on a blind-basis, without any knowledge as to your industry, identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained in this site. The information on this site is provided with the understanding that VARIETY and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this site should not be relied upon or used as a substitute or consultation with professional advisors.

VARIETY SITE MAY CONTAIN FACTS, VIEWS, OPINIONS, STATEMENTS, AND RECOMMENDATIONS OF THIRD-PARTY INDIVIDUALS AND ORGANIZATIONS. VARIETY DOES NOT REPRESENT OR ENDORSE THE ACCURACY, CURRENTY, OR RELIABILITY OF ANY ADVICE, OPINION, STATEMENT, RECOMMENDATIONS, OR OTHER INFORMATION DISPLAYED, UPLOADED, OR DISTRIBUTED THROUGH THE SITE. YOU ACKNOWLEDGE THAT ANY RELIANCE ON ANY SUCH OPINION, STATEMENT, RECOMMENTDAIONS, OR INFORMATION WILL BE AT YOUR SOLE RISK. FURTHERMORE, VARIETY DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESETATIONS REGARDING THE QUALITY OF, OR ACCURACY OF ADVERTISEMENTS FOR, ANY MERCHADISE, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY ITS VENDORS OR SUPPLIERS IN CONJUNCTION WITH THE VARIETY SERVICE.

THE MATERIALS ON THE SITE ARE PROVIDED ON AN “AS IS” BASES AND WITHOUT EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. VARIETY MAKES NO WARRANTY AS TO THE QUALITY, ACCURACY, COMPLETENESS, AND VALIDIDTY OF ANY MATERIALS ON THE SITE AND DOES NOT WARRANT THAT THE FUNCTIONALITY CONTAINED ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Where applicable law does not allow the exclusions of implied warranties, the foregoing exclusions may not apply to you.

EXCLUSIONS OF DAMAGES

NEITHER VARIETY, NOR ITS OFFICERS, DIRECTOR, EMPLOYEES, AGENTS, SUCCESSORS, OR AFFLILIATES ARE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER INDIRECT DAMAGES OR FOR LOSS OF PROFITS, LOSS OF DATA OR LOSS OF USE DAMAGES, THAT RESULT FROM THE INABILITY TO USE, THIS SITE OR THE INFORMATION CONTAINED ON THIS WEB SITE, EVEN IF VARIETY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LIMITATION OF LIABILITY

IN NO EVENT WILL VARIETY’S TOTAL LIABILITY TO YOU FROM ALL DAMAGES, LOSSES, AND CAUSES OF ACTION RESULTING FROM YOUR USE OF THIS SITE OR PARTICIPATION IN THE VARIETY’S SERVICE, WHETHER IN CONTRACT, TORT, (INCLUDING, BUT NOT LIMITED TO NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EXCEED THE MAXIMUM AMOUNT OF FUNDS IN THE MEMBER ACCOUNT AT THE TIME THE CLAIM ARISES.

JURISDICTION

VARIETY, although an International entity, operates the site from its offices within the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

USE OF PERSONAL INFORMATION

When an individual provides Personal Information to VARIETY, VARIETY may use the Personal Information for its programs, research and fund-raising. VARIETY may share this information with its affiliates and local chapters (tents). VARIETY will suppress the use of an individual’s Personal Information only if requested by that individual.

SPECIFIC REQUIREMENTS

All Personal Information collected on individuals will be kept confidential and in a secure environment – to only be shared per our privacy policy and “Use of Personal Information” set forth in this document.

COMMENT, COMPLAINTS AND QUESTIONS

VARIETY welcomes your feedback about the site. However, any comments, ideas, notes, messages, suggestions or other communications sent to the site shall be and remain the exclusive property of VARIETY, and we may use all such communications in any manner, including reproducing, disclosing and publishing such communications, all without compensation to you.

Should you have any questions or complaints regarding these terms and conditions, please contact us at 323-934-4688 or variety@natodc.com