The policies below are applicable to data and information collected when you use the Friends of Waterfront Seattle websites, including www.friendsofwaterfrontseattle.org (including any versions optimized for viewing on a wireless or tablet device); all email newsletters published or distributed by Friends of Waterfront Seattle; all apps published by Friends of Waterfront Seattle; and all other interactive features and communications provided by Friends of Waterfront Seattle (“Website”), however accessed and/or used, that are operated by us, made available by us, or produced and maintained by Friends of Waterfront Seattle and its related companies (collectively “Friends of Waterfront Seattle” or “we”, “us”, or “our”).  BY USING OUR WEBSITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THESE TERMS OF SERVICE.  IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT USE THE WEBSITE AND EXIT IMMEDIATELY. WE RESERVE THE RIGHT TO MODIFY OR AMEND THESE TERMS OF SERVICE FROM TIME TO TIME WITHOUT NOTICE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES. UNLESS WE PROVIDE YOU WITH SPECIFIC NOTICE, NO CHANGES TO OUR TERMS OF USE WILL APPLY RETROACTIVELY. 

This is a legal agreement between you (“you” or “user”) and Friends of Waterfront Seattle that states the material terms and conditions that govern your use of the Website.  This agreement, together with all updates, supplements, additional terms, and all of Friends of Waterfront Seattle’s rules and policies collectively constitute this “Agreement” between you and Friends of Waterfront Seattle. BY ACCESSING THE WEBSITE, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF SERVICE AND CONDITIONS OF USE STATED HEREIN, PLEASE DO NOT USE THIS WEBSITE AND DELETE THE WEBSITE FROM YOUR DEVICE.

You are responsible for all internet access, mobile data or other charges incurred when using the Website.  Remember that streaming and downloading audio-visual content such as videos can use up a lot of data.

1. Access License. Friends of Waterfront Seattle grants you a limited, revocable, non-exclusive, non-transferable license to access and make use of the Website or its content. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or their contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Except as expressly permitted herein, the Website and/or any portion of the Website may not be reproduced, sold, resold, visited or otherwise exploited for any purpose without Friends of Waterfront Seattle’s express written consent. Any unauthorized use automatically terminates the permissions and/or licenses granted by us to you. Some features may not be available on all devices.

2. Copyright and Ownership. All of the content featured or displayed on the Website, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”), is owned by Friends of Waterfront Seattle, its licensors, vendors, agents and/or its Content providers. All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which such Website is being made available. Except as permitted by copyright law, you may not modify any of the materials and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information or work contained on the Website. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website. The Website, its Content and all related rights shall remain the exclusive property of Friends of Waterfront Seattle or its licensors, vendors, agents, and/or its Content providers unless otherwise expressly agreed. You will not remove any copyright, trademark or other proprietary notices from material found on the Website.

3. Trademarks/No Endorsement. All trademarks, service marks and trade names of Friends of Waterfront Seattle used herein (including but not limited to: Friends of Waterfront Seattle name, Friends of Waterfront Seattle corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are trademarks or registered trademarks of Friends of Waterfront Seattle or its affiliates, partners, vendors or licensors. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify Friends of Waterfront Seattle trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website, without Friends of Waterfront Seattle’s prior written consent. You shall not use Friends of Waterfront Seattle’s name or any language, pictures or symbols which could, in Friends of Waterfront Seattle’s judgment, imply Friends of Waterfront Seattle’s endorsement in any (i) written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature, without prior written consent.

4. Access and Interference. You agree that you will not use any robot, spider, scraper or other automated means to access the Website for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the Website; or (iii) bypass any measures we may use to prevent or restrict access to the Website.

5. Right to Take Down Content. We shall have the right to remove any material that we find to be in violation of the provisions hereof or otherwise objectionable, and the additional right to deny any user who fails to conform to any provision of these Terms of Service access to the Website or any part thereof.

6. Advertising Rights. Friends of Waterfront Seattle reserves the right to sell, license and/or display any advertising, attribution, links, promotional and/or distribution rights in connection with the Website, and Friends of Waterfront Seattle and its licensors or affiliates will be entitled to retain any and all revenue generated from any sales or licenses of such advertising, attribution, links, or promotional or distribution rights. Nothing in these terms obligates or may be deemed to obligate Friends of Waterfront Seattle to sell, license or offer to sell or license any advertising, promotion or distribution rights.

7. Third Party Links. From time to time, the Website may contain links to websites that are not owned, operated or controlled by Friends of Waterfront Seattle or its affiliates. All such links are provided solely as a convenience to you. If you use these links, you will leave the Website. Neither we nor any of our respective affiliates are responsible for any content, materials or other information located on or accessible from any other website. Neither we nor any of our respective affiliates endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results that you may obtain from using any other websites. If you decide to access any other websites linked to or from this Website, you do so entirely at your own risk.

8. Transactional Partners. In some cases we partner with other organizations to co-promote their services within our Website.  In these cases, you are transacting directly with the other party.  On those pages or locations, the transactional partners’ brand is clearly visible and their terms of service are posted.  When using these partner pages, you are bound by partner terms of service in addition to remaining bound by Friends of Waterfront Seattle Terms of Service.  When there is a conflict between these Terms of Service and the partner’s terms of service, their terms of service will prevail.

9. Fees. For all charges or deposits for any events, products and services ordered by you on or through the Website, Friends of Waterfront Seattle or its vendors or agents will bill your bank card or alternative payment method offered by Friends of Waterfront Seattle and you agree to pay all such charges or deposits. When you provide bank card information, account numbers or other information necessary to facilitate payment to us or our vendors, you represent to us that you are the authorized user of the bank card that is used to pay for the products and services. In the event legal action is necessary to collect on balances due, you agree to reimburse Friends of Waterfront Seattle and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses.  You are responsible for purchase of, and payment of charges for, all Internet access services and telecommunications services needed for use of the Website.  You understand that we will hold and store such bank card or payment information to facilitate payment and deposit, damage reimbursement, and other liability purposes.

10. Promotional Codes. On occasion, Friends of Waterfront Seattle may issue promotion codes that may be redeemed at the time of check out.  These codes are non-transferable and may only be used by the intended recipient; these codes have no cash value and are not redeemable for cash.  We reserve the right to cancel any promotion code and reduction redemption when the total value of the promotional code exceeds the price of the item.  Multiple promotional codes may not be combined.  Friends of Waterfront Seattle is not responsible for any financial loss arising out of our refusal, cancelation, or withdrawal of a promotion or any failure or inability of a customer to use a promotional code for any reason.

11. Eligibility to Subscribe to Services. You may access the services offered on this Website in any location worldwide.  Friends of Waterfront Seattle makes no promise, however, that the services available on the Website are appropriate or available for use in locations outside the United States (“Territory”), and accessing the Website from territories where its contents are illegal or unlawful is prohibited, including from those territories prohibited by the United States State Department or other U.S. government entity.  If You choose to access the Website from locations outside the Territory, You do so at your own risk.  It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to services you access through this Website.

12. Termination. You or we may suspend or terminate your use of this Website at any time, for any reason or for no reason. You are personally liable for any orders placed or charges incurred prior to termination. We may also block your access to our Website in the event that (a) you breach these Terms of Service; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.

13. Representations and Warranties. You represent that you have the right and authority to enter into this Agreement, are fully able and competent to satisfy the terms, conditions, and obligations herein, and Your use of the Website is and will be in compliance with all applicable laws.  You represent that you have read, understood, agree with, and will abide by the terms of this agreement.

14. DISCLAIMERS. Your use of the WEBSITE is at your risk. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SECURITY OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER FRIENDS OF WATERFRONT SEATTLE, NOR ANY OF ITS AFFILIATES OR PARTNERS OR SERVICE PROVIDERS WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE MAY BE OUT OF DATE, AND NEITHER FRIENDS OF WATERFRONT SEATTLE, NOR ANY OF ITS AFFILIATES OR PARTNERS OR SERVICE PROVIDERS MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FRIENDS OF WATERFRONT SEATTLE OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

15. LIMITATIONS OF LIABILITY. FRIENDS OF WATERFRONT SEATTLE DOES NOT ASSUME ANY RESPONSIBILITY, OR WILL BE LIABLE, FOR ANY DAMAGES TO, OR ANY VIRUSES THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, OR BROWSING THIS WEBSITE, OR YOUR DOWNLOADING OF ANY INFORMATION OR MATERIALS FROM THIS WEBSITE. IN NO EVENT WILL FRIENDS OF WATERFRONT SEATTLE, OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE WEBSITE, OR THE MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY MATERIALS, INFORMATION OR SERVICES CONTAINED ON ANY OR ALL OF THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN NO EVENT SHALL FRIENDS OF WATERFRONT SEATTLE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (A) TWENTY FIVE DOLLARS (US $25.00) OR (B) THE VALUE OF THE SERVICES PURCHASED OR SUBSCRIBED BY YOU ON THE WEBSITE.

16. Indemnity. You agree to defend, indemnify and hold Friends of Waterfront Seattle and any affiliated entity or individual harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to or in connection with (i) the use of the Website or your placement or transmission of any User Submission or other content, message or information on this Website by you or your authorized users; (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above; (iii) your violation of any third party right, including without limitation any right of privacy, publicity rights or intellectual property rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any User Submission that you provide to Friends of Waterfront Seattle, including without limitation any claim or damages arising from a defamation or invasion of privacy claim; or (vi) any other party’s access and use of the Friends of Waterfront Seattle with your unique username, password or other appropriate security code.
17. Release. In the event that you have a dispute with one or more other users of the Website, you release Friends of Waterfront Seattle (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

18. Force Majeure. Neither Friends of Waterfront Seattle nor you shall be responsible for damages or for delays or failures in performance resulting from acts or occurrences beyond their reasonable control, including, without limitation: fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of any such government or legal body; or labor unrest, including without limitation, strikes, slowdowns, picketing, or boycotts; inability to secure raw materials, transportation facilities, fuel or energy shortages, or acts or omissions of other common carriers.

19. Privacy. Data collection and use, including data collection and use of personally identifiable information is governed by Friends of Waterfront Seattle’s Privacy Policy [Insert link] which is incorporated into and is a part of this Agreement.

20. Additional Assistance. If you do not understand any of the foregoing Terms of Service or if you have any questions or comments, we invite you to contact us by email at [email protected].

21. Copyright Notice. All design, graphics, text selections, arrangements, and all software are Copyright © 2020 Friends of Waterfront Seattle and its related companies or its licensors. ALL RIGHTS RESERVED.  

Last Changes to Terms of Service: March 12, 2020