Terms

Web Site Terms and Conditions of Use and Privacy Policy

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE (“TERMS OF USE”) AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, INCLUDING UNITED STATES COPYRIGHT AND TRADEMARK LAWS. IF YOU ARE USING THE SITE ON BEHALF OF YOUR EMPLOYER, YOU REPRESENT THAT YOU ARE AUTHORIZED TO ACCEPT THESE TERMS OF USE ON YOUR EMPLOYER’S BEHALF. IF YOU DO NOT ACCEPT THE TERMS OF USE, DO NOT USE THIS SITE.

THESE TERMS OF USE ARE APPLICABLE TO YOUR USE OF ANY AND ALL OF THE ARIZONA CENTENNIAL COMMISSION’S (“AzCC”) WEB SITES.

AzCC reserves the right, in its sole discretion, to change these Terms of Use at any time without prior notice by posting the changes on the Web site. For this reason, we encourage you to review these Terms of Use whenever you use our Web site. Any changes, revisions, or modifications are effective immediately upon posting to the Web site. Your continued use of the Web site constitutes your agreement to all such changes, revisions or modifications to these Terms of Use. We may, with or without prior notice, terminate any of the rights granted by these Terms of Use. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Web site. AzCC may modify its services at any time.

DOCUMENTS

You may download, view, copy and print documents and materials (such as press releases, news articles, and applications) (“Documents”) from the site subject to the following: (a) the Documents may be used solely for personal, informational, noncommercial purposes; (b) the Documents may not be sold, modified or altered in any way; (c) the Documents may not be used for public display (commercial or non-commercial); (d) you may not attempt to decompile or reverse engineer any software contained on the Web site; (e) you may not remove any copyright or other proprietary notations from the Documents; and (f) you may not transfer the Documents to another person or “mirror” the Documents on any other server. This is the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions and may be terminated by AzCC at any time. Upon terminating your viewing of these Documents or upon termination of this license, you must destroy any downloaded Documents in your possession whether in electronic or printed format.

INTELLECTUAL PROPERTY RIGHTS

The Documents, text, design and layout of the arizona100.org site and any other AzCC owned, operated, licensed or controlled site is the property of AzCC and is protected by United States and international copyright laws. Copyright © 2010 The Arizona Centennial Commission. All rights reserved. AzCC does not claim ownership of copyrights owned by third parties. No logo, graphic, sound or image from any AzCC Web site may be copied or retransmitted unless expressly permitted by AzCC.

The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe their rights under the U.S. Copyright Act have been infringed by acts of third parties over the Internet. If you believe that your copyrighted work has been copied without your authorization and is available on this Web site in a way that may constitute copyright infringement, you may provide notice of your claims to AzCC’s designated agent listed below. For the notice to be effective, if must include the following information:

    • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    • A description of the copyrighted work that you claim has been infringed upon;
    • A description of where the material that you claim is infringing is located on this Web site;
    • Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
    • A statement by you that you have a good faith believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

      AzCC’s designated agent can be contacted at info@arizona100.org. The designated agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Web site. All other inquiries to the designated agent will not be answered.

      AzCC owns trademark rights in its mark ARIZONA CENTENNIAL COMMISSION and the associated graphics, logos and service marks are trademarks of AzCC and may not be used without the prior written consent of AzCC. All other trademarks, product names, and company names and logos appearing on the Web site are the property of their respective owners.

      All comments, feedback, suggestions, ideas, and other submissions (“Ideas”) disclosed, submitted, or offered to AzCC in connection with your use of this Web site shall be the exclusive property of AzCC. You agree that unless otherwise prohibited by law, AzCC may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to you.

      THIRD-PARTY WEB SITES, CONTENT, PRODUCTS AND SERVICES

      The site provides links to Web sites and access to content, products and services from third parties. The provision of such links is not an endorsement of any information, product or service reached through such link. AzCC is not responsible for the availability of, or content provided on third-party Web sites. You should refer to the policies posted by other Web sites regarding privacy and other topics before you use them. You agree that AzCC is not responsible for third-party content accessible through the site, including opinions, advice, statements and advertisements, and understand that you bear all risks associated with the use of such content. If you choose to purchase any products or services from a third party, your relationship is directly with the third party. You agree that AzCC is not responsible for (a) the quality of third-party products or services, and (b) fulfilling any of the terms of your agreement with the seller, including delivery of products or services and warranty obligations related to purchased products or services. You agree that AzCC is not responsible for any loss or damage of any sort you may incur from dealing with any third party. Third-party brands and names are the property of their respective owners.

      SCOPE OF USE

      AzCC invites you to view and use this Web site for your informational, noncommercial use. Except as otherwise provided in these Terms of Use, no part of any content or software on this Web site may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of AzCC. You understand that AzCC may discontinue, change or restrict your use of this Web site for any reason without notice.

      ONLINE CONDUCT

      You agree to use the Web site and any e-mail services provided through this Web site only for lawful purposes. Unacceptable uses of the Web site include without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Web site or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) engaging in any other activity deemed by AzCC to be in conflict with the spirit or intent of this Web site.

      TERMINATION

      These Terms of Use are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Web site. Your access to the Web site may be terminated immediately without notice from AzCC if in its sole discretion you fail to comply with any term or provision of these Terms of Use.

      SECURITY

      AzCC reserves the right to monitor all network traffic to this Web site to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to this Web site in any fashion. Anyone using this Web site expressly consents to such monitoring.

      NO WARRANTIES

      All content on this Web site is provided to you on an “as is” and/or “as available” basis. AzCC makes no representations or warranties of any kind whatsoever, express or implied, in connection with these terms and conditions or the Web site, including but not limited to any implied warranties of merchantability or infringement. AzCC makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through this Web site. You are responsible for verifying any information before relying on it. Use of the Web site and the content available on the Web site is at your sole risk. AzCC makes no representations or warranties that use of the Web site will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that any content you obtain from the Web site is free of viruses.

      The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.

      LIMITATION OF LIABILITY

      Your use of the AzCC Web site or any content on the Web site is at your own risk. AzCC specifically disclaims any liability, whether based in contract, tort, strict liability or otherwise, for any direct, indirect, incidental, consequential, or special damages arising out of or in any way connected with access to or use of the Web site, even if AzCC has been advised of the possibility of such damages, including but not limited to (a) reliance by any party on any content obtained through the use of this Web site, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user; (b) interruptions of business; (c) access delays or access interruptions to the Web site; (d) data non-delivery, incorrect delivery, corruption, destruction, or other modification; (e) loss or damages of any sort incurred as a result of dealings with or the presence of off-Web site links on the Web site; (f) computer viruses, system failure or malfunction which may occur in connection with your use of the Web site, including during hyperlink to or from third-party sites; or (g) events beyond our reasonable control, whether caused in whole or in part by negligence, acts of god, telecommunications failure, theft or destruction of, or unauthorized access to the Web site, or related information or programs.

      INDEMNIFICATION

      You agree to defend, indemnify and hold harmless AzCC and its employees, contractors, agents, officers, managers, and other affiliated companies from and against all liabilities, actions, claims, losses, damages or costs, including reasonable attorneys’ fees, arising from or relating to: (a) from your use of this Web site or Documents , including any data or work received by you or any service provider; (b) your violation of these Terms of Use; or (c) your violation of any rights of a third party or service provider. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from your use of data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

      GOVERNING LAW

      Any claim relating to this Web site shall be governed by the laws of the State of Arizona without regard to its conflict of law provisions.

      PRIVACY POLICY

      AzCC is committed to maintaining the privacy of the personal information you share with us over the Web site. AzCC values the trust and confidence you have placed in us, and to ensure that we live up to your trust, we have defined the procedures we will use to protect your information.

      As part of the normal operation of our services, AzCC collects and, in some cases, may disclose information about you. We have created the following Privacy Policy to let you know what information we collect when you visit the Web site, why we collect it, and how it is used. This Privacy Policy applies to all information that you provide to AzCC (“us,” “we,” or “our”) and that we maintain electronically, through the Web site located at www.arizona100.org. Additionally, this Privacy Policy applies to any Personal Information (defined below) obtained from your use of the Web site. This Privacy Policy does not apply to any information that you may provide to third parties; for example, other sites linked to this Web site. You should contact such third parties directly to determine their respective privacy policies.

      a. SPECIAL NOTE ABOUT CHILDREN

      AzCC does not currently market to or create special areas for use by children. Accordingly, we do not knowingly collect age identifying information, nor do we knowingly collect any Personal Information from children under the age of 13 years. However, we hereby advise all visitors to our site under the age of 13 not to disclose or provide any Personal Information on our Web site. In the event that we discover that a child under the age of 13 has provided Personal Information to us, in accordance with the Children’s Online Privacy Protection Act (please see the Federal Trade Commission’s web site at www.ftc.gov/kidzprivacy for more information about this Act), we will delete the child’s Personal Information from our files to the extent technologically possible. This Web site is targeted primarily for use by adults, meaning persons twenty-one (21) years of age and older. If you are under the age of 21, we ask that you do not provide any Personal Information to us.

      b. WHAT PERSONAL INFORMATION DO WE COLLECT FROM YOU AND WHY?

      AzCC does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. For example, such personally identifiable information may be gathered in connection with requests for information and/or application forms or comments entered through the Web site. Before or at the time of collecting personally identifiable information, we will identify the purposes for which such information is being collected. AzCC will collect and use personally identifiable information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes. Personally identifiable information on individual users will not be sold or otherwise transferred to unaffiliated third parties without the approval of the user at the time of collection. At such points of collection, the user will have the opportunity to indicate whether he or she would like to “opt out” of receiving information about us and/or any third parties. Further, notwithstanding any opt out of promotional information by the user, we reserve the right to contact a subscriber regarding account status, changes to the subscriber agreement and other matters relevant to the underlying service and/or the information collected.

      c. WHAT GENERAL INFORMATION DO WE COLLECT FROM YOU AND WHY?

      “General Information” is information about you or your activities on our Web site that do not identify you personally. When you use the Internet, your web browser or software may communicate certain information to the host web site you visit. This information may include the unique number assigned to your server or Internet connection, the capabilities and features of your computer, your geographic location, the number of times you visit a particular web site, and your movement and interaction within that web site on each visit. We collect the same information on this Web site. We use this General Information to generate general aggregate statistics about visitors to our Web site.

      d. HOW WE USE YOUR INFORMATION

      The Personal Information AzCC collects is used to (i) respond to inquiries; (ii) provide customer services and resolve any complaints; (iii) improve the Web site and service and resolve any technical problems; (iv) communicate with you concerning the services offered on the Web site; (v) cross-reference with other Personal Information that we have acquired about you or may acquire about you through other sources; (vi) create aggregate data; and (vii) comply with any applicable laws and regulations. We may provide your Personal Information to government officials and agencies as required by law, and Partners as part of business operations, transaction processing, and marketing efforts, as identified below. For purposes of this Privacy Policy, “Partner” shall mean any person or entity with whom we enter into any kind of business transaction who is under an obligation to us to use reasonable care to keep your Personal Information confidential.

      e. DISCLOSURE OF INFORMATION WE COLLECT

      Except as provided in this Privacy Policy, AzCC will not sell, trade, or disclose to third parties who are not Partners any Personal Information obtained by us or from our Partners about you through this Web site without your consent. We may disclose Personal Information (i) that we in good faith believe is necessary or appropriate to cooperate in investigations of fraud, intellectual property infringements or other activity that is illegal or may expose us or you to legal liability; (ii) when required by law or to comply with a court order, subpoena, search warrant or other legal process, or by other reasonable request from law enforcement; (iii) to comply with legal, regulatory or administrative requirements of governmental authorities (including, without limitation, requests from the governmental agency authorities to view your Personal Information); (iv) to protect and defend us, our subsidiaries and affiliates and any of their officers, directors, employees, attorneys, agents, contractors and partners, in connection with any legal action, claim or dispute; (v) to prevent imminent physical harm; (vi) to share aggregated statistical or demographic data with our affiliates, business partners or for public relations (this aggregated information is not tied to Personal Information); and (vii) to provide data, including Personal Information about you, with our affiliates, subsidiaries and Partners to assist us in managing a database of customer information, distributing e-mails, direct marketing and data collection, and other services designed to assist us in maximizing our business potential. AzCC may disclose general aggregate statistics derived from General Information with our Partners or third parties who are not Partners. In the event we merge or are acquired by another company, the successor company will have access to your Personal Information in order to continue to provide services, but would continue to be bound by this Privacy Policy unless and until it is amended as described in the subsection labeled “Changes to this Privacy Policy” below.

      f. HOW WE PROTECT INFORMATION WE COLLECT

      AzCC will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. AzCC employs a variety of security measures to protect the data that you submit to the Web site. These measures include a combination of policy, physical and electronic measures that are intended to reduce the risk of unauthorized access to this data.

      g. HOW LONG WE KEEP USER INFORMATION

      AzCC generally keeps user data on our server or in our archives for as long as we reasonably need it. We may alter this practice according to changing requirements. For example, we may delete some data if needed to free up storage space. We may keep other data for longer periods if the law requires it.

      Data management requests are administered in an orderly manner to the extent feasible and within our direct control. Please note that we have greater control over recently collected data than over archived data. Once data is removed from the system and archived, it may not be feasible to accommodate specific requests. In those cases, our general data retention policy applies.

      h. CHANGES TO THIS PRIVACY POLICY

      By using this Web site, you agree to this Privacy Policy. We reserve the right to change, modify or amend this Privacy Policy at any time. When this Privacy Policy is changed, modified or amended, the revised Privacy Policy will be posted on this Web site and be included within the Web site’s Terms and Conditions. Any revised Privacy Policy will only apply prospectively to Personal Information collected or modified after the effective date of the revised policy. It is your responsibility to periodically check and review our Privacy Policy for changes.