Privacy Policy, Legal and Terms of Use

 

PRIVACY POLICY

 

The Philharmonic Center for the Arts, Inc. (the “Philharmonic Center for the Arts”) is committed to maintaining the privacy of its online visitors.  This Privacy Policy provides information on the manner in which your personal information is processed and used on this site. 

We do not sell, rent, swap or otherwise disclose any personal information of our visitors.

Information Collected

 

The Philharmonic Center for the Arts is committed to maintaining the privacy of its online visitors.  Certain applications on our website may require visitors to register or to provide information in order to make a commerce transaction. This personal information includes, but is not limited to, name, address, telephone number, e-mail address and credit card information. To better understand the needs of our website users, we may also occasionally request demographic information. Entry of such information is optional, and if you choose not to participate, you can still successfully use these applications. We will not share personal information about you as an individual with any other entity. Only aggregate demographic information may be used by us.

 

We cannot know an individual's personal information unless it is provided to us by site registrations or purchases. In addition to using your name and contact information to fulfill your requests, process your transactions or award prizes, we will add your name and contact information to our database, and we may perform statistical analyses of user behavior to measure interest in the various areas of our site. You may receive direct mail or telemarketing calls from the Philharmonic Center for the Arts. If you provide your e-mail address, we may e-mail you periodically regarding upcoming events, updated information and new services. You may contact us to notify us that you do not wish to receive such communications from us. (See the 'Choice/Opt-Out' and 'Contact Us' sections below.)

 

For each visitor to our website, our server automatically logs some anonymous statistical information. We collect the domain name of visitors to our website, aggregate information on what pages consumers access or visit, the time of arrival and length of visit, the browser used, a list of files downloaded or pages viewed, and the IP (Internet Protocol) address of the machine through which the site was accessed. These "access logs" allow us to make our site more useful to you and others by, for example, tracking which features of the site are most used by visitors. None of this information is associated with any personal information or contains anything identifying you personally.

 

We employ other companies to perform functions on our behalf, such as processing credit card payments. Such companies have access only to the information necessary for performing their functions.  We do not partner with nor have special relationships with any ad server companies.

Choice/Opt-Out

 

Users of our site who no longer wish to receive our e-newsletter or e-mails are given the opportunity to "opt-out" of receiving these communications. Users should refer to the bottom section of the electronic message received from the Phil e-Member Club and choose to be removed from the subscription list.  Users may also send an e-mail to info@thephil.org with "Unsubscribe" in the subject line or contact us at (239) 254-2739 to opt-out of electronic communications.

 

Cookies

 

A cookie is a small text file that is created by a webserver and placed on a visitor's hard drive, which gives that visitor a unique, random ID. This ID enables our website to readily recognize each visitor on a subsequent visit to the site. For example, a cookie may indicate the preferences selected by a visit to the site and facilitate more efficient browsing on subsequent visits. We use cookies to store visitor preferences, record session information such as items that consumers add to their shopping cart, and to record user-specific information on what pages users access or visit. We do not use or share information transferred through cookies with third parties for marketing or other purposes.  If you do not wish a cookie to be placed on your computer, you can adjust the settings on your browser accordingly, although doing so will limit the range of features that will be available for your use on our site.

 

Unsolicited E-mail (SPAM)

 

Your privacy is important to us.  Be assured that, in accordance with this privacy policy, we do not sell or distribute our customer list to third parties.  Please note that all e-mail that originates from us will either display the www.thephil.org (HTML emails) or contain the Philharmonic Center for the Arts copyright notice (text emails).  In addition, our emails will contain our corporate address in Naples, Florida. 

 

Security

 

We take every precaution to protect our users' information.  When you place an order online, your personal information and credit card or debit card information are encrypted using SSL encryption technology before being sent over the Internet.  We use SSL Technology to prevent your information from being stolen or intercepted while being transferred to us.  If you make a purchase online, we will only use your credit card number to process your payment and not use it for any other purpose. For reasons of security, unencrypted credit card information is not stored on our webserver.  We may retain order information for our records, but this information is never shared with third parties.

 

Children

 

The Philharmonic Center for the Arts is proud to offer services for children, but online purchases through our website may be made only by persons who are 18 years of age or older. We do not solicit information from children. For more detail concerning the Philharmonic Center for the Arts' ticketing services and policies, please refer to our ticket policy.

 

Linked Websites

 

Our website may contain links to and from other sites operated and maintained by other companies and organizations.  We have no responsibility for linked websites and provide these links solely for the convenience and information of our visitors.  The privacy policies of these sites may differ from our policy, so you should always review the privacy statement of each linked website you visit.

 

Your Consent

 

By using our site, you consent to the collection, use and disclosure of information in accordance with the terms of this Privacy Policy.  We reserve the right to modify or amend this policy at any time.  If we ever change our Privacy Policy, we will posit any changes on this page.  Any changes to our Privacy Policy will affect only the information we collect after the effective date of the change.

 

LEGAL

 

Disclaimer of Warranties and Limitation of Liability

 

This materials on this website and the information, services and products contained on this website are provided on an "as is" and "as available" basis without WARRANTIES of any kind, either express or implied. The Philharmonic Center for the Arts makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information, content, materials or products included on this website, or that it will meet your requirements. You expressly agree that your use of this website is at your sole risk.  To the full extent permissible by applicable law, the Philharmonic Center for the Arts disclaims all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. While the Philharmonic Center for the Arts does use state-of-the-art protection against viruses and other harmful components, we do not warrant that this website, its servers, or e-mail sent from the Philharmonic Center for the Arts or its affiliates are free of such viruses or components.

 

The Philharmonic Center for the Arts will not be liable for any damages of any kind arising from the use of this website, including, but not limited to, direct, indirect, incidental, punitive and/or consequential damages. All users, including those who access the website from a country other than the U.S., agree by virtue of their use that the laws of the State of Florida shall govern any disputes, including any arising from or in connection with the use of the site and any arising from use of personal information or otherwise relating to privacy.

 

Any links on this site operated by third parties are provided for the user’s convenience only.  The Philharmonic Center for the Arts is not responsible for the information and performance of these websites or for user’s transactions with them and our inclusion of links to such websites does not imply any endorsement of the material on such websites.

 

Copyright

 
All content, materials, images and other copyright material on this website including, without limitation, text, graphics, button icons, audio clips and software are the property of Philharmonic Center for the Arts, its sponsors or business affiliates, and their respective licensors, and are subject to U.S. and international copyright laws.  Except to the extent expressly permitted under applicable copyright law, no copying or exploitation of the material from the website is permitted without the express written permission of Philharmonic Center for the Arts. By use of this website, you acknowledge that you do not acquire any ownership rights in any of such copyrightable material by virtue of having downloaded such material from the website.

 

Trademarks

 

All trademarks, service marks, logos and trade names used on this website are proprietary to Philharmonic Center for the Arts and are protected by U.S. and international trademark laws. PHILHARMONIC CENTER FOR THE ARTS, THE PHIL, NAPLES PHILHARMONIC ORCHESTRA, NAPLES MUSEUM OF ART, LIFELONG LEARNING AT THE PHIL, MAGIC CARPET, BRASS BLAST, WOW!, SHOWTIME, FRIENDS OF ART and PHILHARMONIC LEAGUE are trademarks of Philharmonic Center for the Arts (the “Trademarks”). The Trademarks may not be used in connection with any third-party products or services without the express prior written consent of the Philharmonic Center for the Arts.  All other trademarks, brands, names and logos appearing on this site are the property of their respective owners.  No user of this website is granted any rights to such trademarks, service marks, logos or trade names.  Nothing contained on this site should be construed as granting any license or right to use any Trademark displayed on this site without the express prior written consent of the Philharmonic Center for the Arts or such third party that may own the trademark.   

 

TERMS OF USE

 

Your use of this website constitutes your agreement to be bound by these terms and conditions.  This website is a service made available by the Philharmonic Center for the Arts and any content, information, definitions and software provided on and through the website (“Information”) may be used solely by you (the “user”) under the following terms and conditions:

 

License

 

As an authorized user of this website, user is granted a nonexclusive, nontransferable, revocable, limited license to access and use the website and Information in accordance with these terms of use.  The Philharmonic Center for the Arts may terminate this license at any time for any reason.

 

Limitations on Use.  The Information on this website is for authorized use only and not for commercial exploitation.  User may not decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, copy or create derivative works from the website or the Information.  User may not use any network monitoring or discovery software to determine the site architecture, or extract information about usage or users.  User may not use any robot, spider, other automatic device, or manual process to monitor or copy the website or the Information without prior written consent.  User may not copy, modify, reproduce, republish, distribute, display, or transmit for commercial, nonprofit or public purposes all or any portion of the website, except to the extent authorized by the Philharmonic Center for the Arts.  User may not use or otherwise export or re-export the website or any portion thereof, the Information or any software available on or through the website in violation of the export control laws and regulations of the United States of America.  Any unauthorized use of the website or its Information is prohibited.

Linking to the Website.  User may provide links to the homepage, and only to the homepage, of this website, by obtaining permission from the Philharmonic Center for the Arts by contacting the Philharmonic Center for the Arts at the following email address:  info@thephil.org.

Intellectual Property Rights.  Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights. User agrees that the Information and website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.  For additional information see Legal.

Pricing.  The product and pricing information supplied on this website is provided for your convenience only.  It does not constitute an offer to make a sale.  Your order will be treated as an offer to purchase, which will subject to acceptance by the Philharmonic Center for the Arts. Terms will be as expressly agreed by you and the Philharmonic Center for the Arts. Pricing information changes from time to time and may, on occasion, include inadvertent errors (typos and misprints). Please contact the Philharmonic Center for the Arts to confirm product and pricing information. The Philharmonic Center for the Arts disclaims any liability for typographical errors, misprints and other mistakes or omissions.

Unlawful Activity.  Philharmonic Center for the Arts reserves the right to investigate complaints or reported violations of the Terms of Use and to take any action deemed appropriate including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail address, usage history, posted materials, IP addresses and traffic information.

Remedies for Violations.  Philharmonic Center for the Arts reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use including, but not limited to, the right to block access from a particular Internet address to the Philharmonic Center for the Arts' website and its features.

Modifications to Terms of Use.  Philharmonic Center for the Arts reserves the right to change these Terms of Use at any time.  Updated versions of the Terms of Use will appear on this website and are effective immediately.  User is responsible for regularly reviewing the Terms of Use. Continued use of the website after any such changes constitutes User's consent to such changes.

Ticket and Merchandise Purchases

 

Tickets, gift certificates, merchandise and memberships are non-refundable and may not be returned to the Philharmonic Center for the Arts after they have been purchased. For more detail concerning the Philharmonic Center for the Arts' ticketing services and policies, please refer to our ticket policy.

 

Contact us

 

You can help us maintain the accuracy of your information by notifying us when you change your address, title, phone number or e-mail address. If at any time you wish to update your information or stop receiving communication from the Philharmonic Center for the Arts, contact us by e-mail, by postal mail or by telephone at:

 

The Philharmonic Center for the Arts, Inc.
Customer Service Center
5833 Pelican Bay Boulevard
Naples, FL 34108-2740
customerservice@thephil.org

(239) 597-1900

 

Website Technical Contact

If you have any question about our web services or concern for your privacy, please contact Kathleen Matthews, Website Services Manager, at (239) 254-2738 or send an e-mail to info@thephil.org.  We will always do our best to answer your questions and address your concerns.

                                                ©2007 Philharmonic Center for the Arts, Inc.  All Rights Reserved

5833 Pelican Bay Boulevard
Naples, Florida  34108

Toll Free 800 597-1111/Fax (239) 597-8163

Philharmonic Center for the Arts