Privacy Poilicy

Earth Day Texas, Incorporated (“EDTx”) produces Earth Day Texas (the “Festival”) and manages www.earthdaytx.org (the “Website”). Thank you for your interest in and support of the Festival and the Website. Your privacy is very important to EDTx. To better protect your privacy EDTx provides this notice explaining EDTx’s online information practices and the choices you can make about the way your information is collected and used.

This Privacy Policy describes how EDTx treats information that it collects and receives related to your use of the Website. This Privacy Policy applies to all information collected or submitted on the Website. EDTx is committed to protecting the privacy of the Website visitors and donors. The Website uses security measures to protect against the loss, misuse, and alteration of the information under EDTx’s control. EDTx stores the information in a database in a secure environment. To prevent unauthorized access, maintain data accuracy, and ensure the correct use of information, EDTx has put in place appropriate physical, electronic, and managerial procedures to safeguard and secure the information EDTx collects online.

EDTx collects information when you use and access the Website. The information collected includes Personal Information, Contact Data, Message Data, and Traffic Data (collectively, “User Information”). “Personal Information” is information about you that is personally identifiable, like your name, address, email address, passwords, home and business addresses, phone numbers, and information that is not otherwise publicly available. “Contact Data” is contact information you’ve developed that you may provide to EDTx to enhance your use of the Website and the information provided. “Message Data” includes the messages sent and received using EDTx services, information about those messages, and your account activity, such as log-in times and message storage capacity. “Traffic Data” is anonymous information about the nature of your usage of the Website and products and services and can include: IP addresses, domain servers, referring/exit pages, operating system, date/time stamp, clickstream data, type of computer or mobile phone, type of web browser, one or more cookies that identify your browser, and telecommunications carrier information.  EDTx, however, cannot guarantee the security of personal information accessible on or transmitted via the Internet.

EDTx uses User Information to enhance your use of the Website by processing such information for various purposes, including providing information to you about the Festival, formatting and displaying elements of Contact Data and Message Data to you and to those whom you send messages, delivering advertisements and related links, storing your messages, and other purposes relating to supporting the Festival.  EDTx uses non-identifying and aggregate information to better design the Website and to share with Festival-related affiliates, donors, sponsors and volunteers.

EDTx may engage a third party to perform functions on EDTx’s behalf, such as sending newsletters, sending requested postal mail and e-mail and SMS communications, analyzing and processing data, and providing related assistance and service. EDTx requires that these parties agree to use such information in a confidential manner and in compliance with this Privacy Policy and any other appropriate confidentiality and security measures. These third parties may have access to Personal Information needed to perform their functions, but EDTx will not authorize them to use it for other purposes. All credit card transactions are conducted over a secure server.

EDTx does not disclose personal information to third parties, except when one or more of the following conditions are true:

  1. EDTx has the individual’s permission to make the disclosure.
  2. The disclosure is permitted by law or mandatory professional standards.
  3. The disclosure is reasonably related to the sale or other disposition of all or part of EDTx’s business or assets or in connection with a corporate merger, consolidation, or other corporate reorganization.
  4. The personal information to be disclosed is publicly available.
  5. The party to whom the disclosure is made controls, is controlled by, or is under common control with EDTx.
  6. The disclosure is reasonably necessary for the establishment or maintenance of legal claims.
  7. The disclosure is to persons or entities for whom EDTx is providing or receiving services, provided the disclosure is consistent with the purpose for which the personal information was obtained.
  8. EDTx may share with third parties certain aggregated, non-personal information and Traffic Data, but such information will not identify you individually.
  9. EDTx may share User Information when legally required to do so or at the request of governmental authorities conducting an investigation.
  10. EDTx may share your User Information with a third party if you have consented to receive information from that third party through registration from a co-branded version of the EDTx service operated with a third party or through a communication or promotional program of a third party that is enabled by the EDTx service. Such third parties will handle, store, retain and access such user information in accordance with the terms and conditions of their agreements with you, if any, as well as their own privacy policies. It is your responsibility to carefully review such agreements and privacy policies. You acknowledge that EDTx shall have no liability to you for sharing of such information to such third parties and EDTx disclaims any and all liability relating thereto.

If EDTx desires to use Personal Information for any purposes other than those described in this Privacy Policy, EDTx will offer you the opportunity to opt out of such use of your Personal Information for those other purposes.

When you visit the Website, EDTx may send cookies to your computer that uniquely identify your browser. EDTx uses cookies to improve the quality of EDTx’s service by storing user preferences and tracking usage information. At no time does the cookie reveal your name, address, or e-mail address (even if you have entered that information in specific areas of the Website).  Most browsers allow you to disable cookies or set your browser to alert you when cookies are being sent to your computer. If you reject or disable cookies, you may not be able to utilize certain information and materials related to Festival, donate to EDTx, register as a vender or may not be able to access all areas of the Website.

EDTx limits access to User Information to EDTx personnel who need to come into contact with that information to provide products or services to you or in order to do their jobs. EDTx has physical, electronic, and procedural safeguards to protect the loss, misuse, and alteration of the User Information under its control. User Information that EDTx collects is stored in a secure manner that is accessible only by authorized EDTx personnel and is only disclosed under the provisions of this Privacy Policy.

Protecting the privacy of the very young is especially important. For that reason, EDTx never collects or maintain information at the Website from those EDTx actually knows are under 13, and no part of the Website is structured to attract anyone under 13.  If EDTx discovers that information was provided by a child under the age of 13, EDTx will promptly delete such User Information in a secure manner.

As a convenience to you, EDTx may provide links to third-party websites from within the Website. EDTx is not responsible for the privacy practices or content of these third-party sites.

EDTx reserves the right, at its discretion, to change, update or modify this Privacy Policy at any time by posting such change, update or modification on the Website. Any such change, update or modification will be effective immediately upon posting on the Website and, if required by applicable law, notice to you via the EDTx service. Please check this policy periodically for changes. Your continued use of the Website and/or any EDTx information or materials following the posting of changes will mean you accept those changes. Use of User Information that EDTx gathers is subject to the Privacy Policy in effect at the time of use.

If you become aware that Personal Information EDTx maintains about you is inaccurate, or if you would like to update or review your Personal Information, you may contact EDTx by using the contact information below.  If you have any questions or comments regarding this Privacy Policy or EDTx’s information collection practices, please contact us by sending an email to info@earthdaytx.org.

Terms & Conditions of Use

Please read these Terms & Conditions of use carefully before using the Earth Day Texas, Incorporated (“EDTx”) website (the “Website”). By using the Website, you signify your agreement to these Terms & Conditions of Use. If you do not agree to these Terms & Conditions of Use, please do not use the Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of the Website following the posting of changes to these terms will mean you accept those changes.

1. Ownership

All of the content of the Website (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to EDTx.

2. Limited License; Restrictions

You are granted a limited license to download the materials contained on the Website to a single personal computer, and to print a hard copy of the materials contained on the Website, solely for personal, non-commercial use, and provided all copyright, trade mark and other proprietary notices are left intact. In all cases EDTx must be acknowledged as the source of the material. Use of the materials contained on the Website on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and compliance with all these Terms & Conditions of Use. Any other use of any of the materials on the Website including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without the prior written permission of EDTx is strictly prohibited, and is a violation of EDTx proprietary rights.

3. Disclaimer

The website and its contents are provided without any representations or warranties of any kind, either express or implied. EDTx disclaims all representations and warranties, including by way of example but not limitation, as to fitness for a particular purpose, to the fullest extent permitted by applicable laws. In addition, EDTx does not represent or warrant that the information and/or facilities on or accessible via the website are accurate, complete or current, or that the website will be free of defects, including, but not limited to, viruses or other harmful elements. The user of the website assumes all costs arising as a result of the use of the website.

We explicitly disclaim any responsibility for the accuracy, content, or availability of information found on sites that link to or from the Website. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Website or third-party content on our sites. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

4. Limitation of Liability

To the fullest extent permitted by applicable laws, neither EDTx nor any of its officers, directors, shareholders, employees, representatives, contract workers, volunteers or agents will be liable for any loss or damages (whether direct or indirect and whether caused by negligence or otherwise) arising out of or in connection with the use of, or inability to use, the materials in and/or facilities or services offered through the website or from any computer virus, malfunction or other failure, including, but not limited to, indirect, special or consequential loss or damages, loss of data, income, profit or opportunity, loss of or damage to property and claims of third parties (even if EDTx has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable). If this clause is unenforceable in whole or in part in any jurisdiction due to relevant laws, then in no event shall the total liability to you of EDTx or any of its officers, directors, shareholders, employees, representatives, contract workers, sponsors, volunteers or agents for all damages, losses, and claims (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the website. Nothing in this clause shall limit or exclude any liability for death or personal injury resulting from negligence.

5. Indemnification

You agree to defend, indemnify and hold harmless EDTx and its officers, directors, shareholders, employees, representatives, contract workers, volunteers and agents from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Website; any material you post, upload, e-mail or otherwise transmit using the site; or your violation, breach or alleged violation or breach of these Terms & Conditions of Use.

6. Links from This Site

The Website contains links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and we are not responsible for the content in any site linked to or from the Website. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such site, and that such sites will be free of viruses or other harmful elements.

7. Termination

These terms are effective until terminated by either party. You may terminate these terms at any time by discontinuing use of the Website and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms or otherwise. Your access to the Website may be terminated immediately without notice from us if in our sole discretion you fail to comply with any term or provision of these terms. Upon termination, you must cease use of the Website and destroy all materials obtained from such site and all copies thereof, whether made under these terms or otherwise.

8. General Provisions

These terms shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Dallas County, Texas, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

9. Amending the Terms & Conditions of Use

We may add to, change or remove any part of these Terms & Conditions of Use at any time, without notice. Any changes to these Terms & Conditions of Use or any terms shown on the Website apply as soon as they are shown. By continuing to use the Website after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms & Conditions of Use each time you use the Website, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on the Website, including features and specifications of products and services described or depicted on the Website, temporarily or permanently, at any time, without notice and without liability.

10. Governing Law

Those who choose to access the website do so at their own risk and on their own initiative and are responsible for compliance with all applicable federal, state and local laws. These terms shall be governed by and construed in accordance with the laws of the State of Texas. Any dispute under these terms shall be subject to the exclusive jurisdiction of the courts of Texas (subject to appeal) and, by using the Website, you hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts.

Booth Fees

  1. Submitting the application and payment by you is a request for booth space at the festival only. If such application is approved by EDTx, the application will be returned to you and designated as approved by EDTx. All payments are final and will not be refunded for any reason upon approval of the application.
  2. In the event the Festival is either cancelled or postponed, EDTx will make every effort to contact you via e-mail, time permitting.
  3. While EDTx regrets the inconvenience caused by these circumstances, EDTx cannot be held responsible for any cost or damage such postponement or cancellation may incur. Similarly, EDTx cannot be held responsible or liable for injuries, loss or damages incurred by attendees, sponsors, volunteers or vendors while attending the Festival.
  4. All payments to EDTx must be made in the light of the above limitations.

Donations

  1. All donations will be made as unrestricted gifts to EDTx unless specified for a particular purpose.
  2. Once a donation is made, the transaction is final, non-refundable and not subject to dispute unless unauthorized use of the donor’s payment card is provided. If you become aware of fraudulent use of your card, or if it is lost or stolen. Your must notify your card provider in accordance with its reporting rules.
  3. All donations to EDTx must be made in light of the above limitations.
  4. Earth Day Texas, Incorporated is a 501(c)(3) nonprofit organization.