- BINDING AGREEMENT.Use of Miss California Organization (MCO) is governed by these Terms and Conditions ("Terms"). By using Miss California Organization, you agree to be bound by the Terms, and you may not use Miss California Organization unless you have accepted the Terms. Your acceptance of the Terms creates a binding legal agreement between you and Miss California Organization ("we" or "us"). Please read the Terms carefully.
- Client must be fourteen (14) years old or older to purchase a license to use the MCO applications or website. Use of the MCO applications or website is void where it is prohibited. By agreeing to these terms, Client represents that Client has the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this agreement.
- Some products or features of Miss California Organization’s website may require payment.
- Client must provide MCO with a valid credit card, or approved purchase order information as a condition to placing orders with MCO.
- Client agrees to pay all fees or charges to Client's account in accordance with the billing terms in effect at the time a fee or charge is due and payable.
- All payments are nonrefundable unless otherwise noted. Advertising and shippable products are exceptions to this rule. But some restrictions may apply.
- Client agrees to pay any applicable sale tax on amounts due under the terms of this Agreement.
- Non-Disclosure. MCO, its employees, and subcontractors agree that, except as directed by Client, it will not at any time during or after the term of this Agreement disclose any confidential information to any person whatsoever. Each party acknowledges that the other party may make Confidential Data available to it. The term "Confidential Data" shall include data which identify or concern past, current or eligible voters, Client's of a party or its affiliates, information about business practices, research, development, access to a party's computer systems and plans of a party or its affiliates, and certain computer data processing tapes, record formats, source and object codes, which identify or concern past, current or potential customers of a party or its affiliates; and/or certain information and material identified by a party as "Confidential"; and/or data one party furnishes to the other from its database or third party vendors; and/or data received from one party and enhanced by the other. Confidential Data may be written, oral, recorded, or on tapes. Each party acknowledges that all Confidential Data furnished by the other is considered a proprietary trade secret and is a matter of strict confidentiality. Each party also acknowledges that the unauthorized use or disclosure of any Confidential Data will cause irreparable harm to the other. Accordingly, the parties agree that they shall be entitled to equitable relief, including injunction and specific performance, in addition to all other remedies available at law or in equity for any threatened or actual breach of the provisions contained in this paragraph. No rights or licenses, express or implied, are granted by Client to MCO under any patents, copyrights, or trade secrets of Client because of or related to this Agreement.
- VOTENET's Intellectual Property.MCO owns certain valuable intellectual property included in the MCO website. The following describes Client's license to use that intellectual property, and Client's obligations to use it in accordance with that license.
- Ownership of the Information. The MCO applications contains information, text, software, photos, video, graphics, music, sounds, and other material (called "Materials") that are protected by copyrights, trademarks, trade secrets, patents or other proprietary rights (called "Intellectual Property Rights"). These Intellectual Property Rights are valid and protected in all forms, media and technologies existing now or developed later. All right, title, and interest in these Materials, with the sole exception of any Member provided content, belong solely and exclusively to MCO.
- Use of the Information and Materials on the Website. Except as Client may be expressly permitted by this Agreement, Client may not use, modify, adapt, reformat, download, upload, post, reproduce, broadcast, publish, display, perform, transfer or redistribute any Materials in any form, format or media or by means of any technology without obtaining the prior written authorization of MCO, and any other owner of the Intellectual Property Rights in such Materials. Client must have prior written permission from MCO to reproduce Materials from the MCO website. If Client reproduces Materials from the MCO website, Client must preserve any copyright, trademark or other notices contained in or associated with the Materials. This means, among other things, that if the specific Material Client are reproducing does not contain the relevant notices that appear on the website, Client must go to the place on the website where such notices appear and copy them into the Materials Client are reproducing.
- MOC's Copyrights and Trademarks. All copyrights and copyrightable materials which are part of MCO that are not Member content, including without limitation, the MCO logos, designs, text, graphics, pictures, photos, files, software, applications, code, hidden text, databases and other files and the selection and arrangement thereof are COPYRIGHT© 1924 - 2016 V MISS CALIFORNIA ORGANIZATION, ALL RIGHTS RESERVED.
- DISCLAIMER OF WARRANTY.MISS CALIFORNIA ORGANIZATION IS PROVIDED "AS IS" TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANT-ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SPECIFICALLY DO NOT REPRESENT OR WARRANT THAT MCO WILL MEET YOUR REQUIREMENTS, WILL BE ACCURATE OR RELIABLE, AND WILL BE ERROR FREE. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, GIVEN BY OWNER, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THE TERMS.
- LIMITATION OF LIABILITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO ANY LOSS OF BUSINESS PROFIT, ANY LOSS OF GOODWILL, ANY LOSS OF DATA, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES) THAT MAY ARISE FROM THE USE OF MISS CALIFORNIA ORGANIZATION. WE SHALL NOT BE LIABLE FOR SUCH DAMAGES WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
- GENERAL LEGAL TERMS.The Terms will be governed by the laws of the Santa Cruz County of California without regard to its conflicts of laws principles. You agree to submit to the exclusive jurisdiction of the courts located within California to resolve any legal matter arising from the Terms. The Terms are the whole agreement between you and us and supersedes any prior communications or agreements. If any provision of the Terms is held invalid, such provision will be removed and the remaining provisions will continue to be valid and enforceable. Our failure to enforce any right or remedy arising out of the Terms will not constitute a waiver of such right or remedy.
- Your use of the websites and transmission of your personal data to MCO to enable the processing of your products and or ticketing requirements is subject to the terms of MCO’s below.
Miss California Organization
240 Baja Sol Drive
Scotts Valley, CA 95066
Last Edited on 2016-04-18