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Terms & Privacy

Your use of this Web site is subject to the following Terms and Conditions. By accessing this Web site, you acknowledge that you have read and accept the Terms and Conditions.

​​​PRIVACY POLICY

This Privacy Policy sets out how The Cherry Blossom Festival (“CBF” or “we” or “us“) will collect and use your personal information.

Information we collect when you interact with us

If you contact us:

You may use our online form to contact us regarding your personal information on file. When you contact us, we will collect information you provide us with, such as your name, address, e-mail address, and telephone number. We will use this information to:

  • respond to any query or complaint that you raise with us; and
  • provide any advice or assistance that you request from us

Our legal basis for processing personal information that you provide when you contact us is that it is necessary for our legitimate interests in conducting and developing our business and meeting and anticipating the requirements of our current and prospective customers.

If you place an order or request services from us:

If you or your employer engage CBF to provide services, we will collect information about you through our routine business interactions. We will use this information:

  • to communicate with you and provide the services requested;
  • to maintain our internal records;
  • to mange ecommerce transactions;
  • to obtain advice from professional advisors, where necessary; and
  • to comply with obligations that we are subject to under applicable laws, and to enforce and protect our rights.

Contact you may have with CBF offline:

CBF and our employees may collect information about you if you attend an event that we hold or that we are represented at. We will collect limited personal information about you, such as your name, company name, address, phone number and email address. We will use this information:

  • to review and respond to any query you submit to us;
  • to send you periodic updates about CBF products and services; and
  • to comply with obligations that we are subject to under applicable laws, and to enforce and protect our rights.

Our legal basis for processing your personal information is that it is necessary for our legitimate interests in conducting and developing our business and meeting and anticipating the requirements of our current and prospective customers.

Information we collect automatically

We collect non-personal information about your visit to our Website. This information may include the Uniform Resource Locator (URL) that you just came from (whether this URL is on our Website or not), which URL you next go to (whether this URL is on our Website or not) and what browser you are using. This information is primarily used by us to analyze web traffic and to improve the functionality and content of the Website and does not contain any personal information which may belong to you or any other individual.

Sharing of personal information

We will disclose your personal information to:

  • third parties who assist in the design, development and engineering of our products and software to the extent that this is necessary to fulfill any request you make;
  • our service providers such as IT hosting companies, support services and customer relationship management system providers. These include but are not limited to Google Analytics;
  • professional advisors such as lawyers, accountants, auditors and financial advisors;
  • regulatory authorities including tax authorities; and
  • law enforcement agencies, courts and other tribunals where we are under a legal obligation to disclose your information or we are permitted to do so to protect or defend our rights.

Use of cookies and similar technologies

Certain features of the Website are only available through the use of cookies or functionally equivalent technology (collectively referred to as “cookies”). For example, cookies help reduce the number of times you need to enter in certain information while using the Website. Cookies can also assist in providing you with content and services that are targeted to your particular interests or preferences. Cookies also enable us to collect information about your Website visit.  Cookies are stored locally on your device, not on the Website’s server.

You are always free to decline cookies if your browser has this functionality, although if you do so, you may not be able to use certain features on the Website which depend on the information linked to cookies, and you may be required to re-enter certain information more frequently during a session.

CBF updates

We may use your personal information to keep you up to date with details of products and services offered by CBF. You can unsubscribe from receiving these communications by clicking the “Unsubscribe” link in any email that we send to you.

Protection of your information

We exercise care in protecting your personal information such as, but not limited to, your user registration, user login, user sessions, and electronic communications to and from us. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, we are not able to ensure or warrant the security of any information you transmit to or from the Website. ​

Retention of personal information

The period for which we will retain personal information will vary depending on the purposes that it was collected for, as well as the requirements of any applicable law or regulation. For example, if your personal information has been provided to us in connection with the ordering of a product or service, we will retain it for as long as is necessary to provide that product or service, and for as long any legal action could be brought in relation to it.

Your rights

You may have certain rights under applicable data protection laws in relation to personal information that we hold about you. These may include the right to request access to personal information we hold about you, or to obtain a copy of the personal information in a machine readable format, to request that it is erased or that any inaccurate personal information is rectified. You may also have the right to ask us to restrict how we process your personal information, or to withdraw your consent to how we process your personal information. Please contact us here if you would like to make a request.

You may also have the right to complain about the use of your personal information to a supervisory authority with oversight of applicable data protection laws.

Additional information

This Policy only applies to information collected by CBF. Any information you provide to, or that is collected by, third-party websites may be subject to the privacy policies of those websites, if any. CBF encourages you to read any such privacy policies of any third-party websites you visit. It is the sole responsibility of such third parties to adhere to any applicable restrictions on the disclosure of your personal information. CBF, its directors, officers, employees, agents, service providers and representatives shall not be liable for wrongful use or disclosure of your personal information by any such third party.​

Changes to this policy

We will post online any changes to this Privacy Policy.  You can determine the date of the last change by noting the effective date of these documents at the bottom of this page. We encourage you to periodically review the Privacy Policy.​

 

​​TERMS OF USE​

Acknowledgement of Terms. This Terms of Use Agreement (“Agreement”) is a legally binding agreement between you and The Cherry Blossom Festival. (“CBF”). By using or accessing this CBF Website (“Website”) or the Software (“Software”), Services (“Services”), and Content (“Content”) provided therein (and as hereinafter defined), you agree that you have read and understand this Agreement, and fully agree to all of the terms and conditions in this Agreement, which may be modified from time-to-time by CBF. If you do not agree to the provisions in this Agreement, you must not use or further access the Website, Content, Software, or Services. This Agreement, together with CBF’s Privacy Policy, constitutes the entire agreement between you and CBF regarding the Website, Services, Software, and Content and supersedes and replaces any and all prior or contemporaneous agreements between you and CBF.

Amendments. CBF will post online any changes to its Privacy Policy and this Terms of Use.  You can determine the date of the last change by noting the effective date of these documents at the bottom of this page.  Your continued access to and usage of the Website or use of the Services signifies your agreement to any such modifications to the Privacy Policy and this Terms of Use. We encourage you to periodically review the Privacy Policy and this Terms of Use. You may at any time print, download and/or store a copy of the Privacy Policy and this Terms of Use.

Password and Security.  This Website uses industry-standard security measures such as secure sockets layer protocol (“ssl”) to protect the transmission of your information to and from the website in accordance with the terms of use and the privacy policy. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. Although CBF strives to protect your information, CBF cannot ensure or warrant the security of any information transmitted to or from the website.

Collaboration with Third Parties. CBF works with certain third parties (“Third Parties”) to provide the Content, Services, and the Software available on this Website and to provide links to other websites. These third parties include, but are not limited to service providers, web hosting providers, technology providers, and the like.  These entities may supply information for posting or access to this Website, but they do not control the content or policies of this Website. CBF does not endorse, sponsor, or recommend any third party product or service or hypertext links to third parties or other information by trade name, trademark, CBF name, etc.  ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.

Intellectual Property. You acknowledge and agree that the Website, Services, Content (i.e., any items accessible on the Website) and any Software, including, but not limited to, applets, web modules, web-enabled programs, and all other types of software, used in connection with the Website, Services, and Content, contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized in writing by CBF in each specific instance, you agree not to modify, rent, lease, copy, publish or republish, loan, sell, transmit, distribute, or create derivative works based on the Website, Services, Content, or Software, in whole or in part for any purpose whatsoever. Failure to adhere to these provisions could subject you to serious penalties under federal copyright law and other federal, state, and/or local laws, where applicable.​

CBF grants you a personal, non-transferable and non-exclusive right and license to use the Website, Services, Content, or Software on a single computer, provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Website, Services, Content, or Software. You agree not to modify Software in any manner or form, or to use modified versions of Software for any purpose whatsoever, including (without limitation) for the purpose of obtaining unauthorized access to the Website, Services, Content, or Software. You agree not to access the Website, Services, Content, or Software by any means other than through the interface that is provided by CBF for doing so.​

CBF’s trade names​​​ and design marks are trademarks and/or service marks (“marks”) of CBF. No display or use of such marks may be made without the express written permission of CBF.​

CBF respects the intellectual property rights of others. If you believe that any Services, Content, or Software available on our Website or any other activity taking place on the Website constitutes infringement of a work protected by copyright law, please notify us so that we may respond to any such concerns by contacting us via our contact page form.

Links to Other Websites. The Website may provide links to the Websites or services of other third-party sites. Links to such third-party sites do not constitute any endorsement by CBF of such third-party sites, or the quality, fitness, suitability, accuracy, or appropriateness of the products, content, materials or information presented or made available by such sites. You acknowledge and agree that CBF, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, are not responsible for any claims, damages or losses caused or alleged to have been caused by the use of any third-party sites, or from the products, content, material or information presented by or available through those sites.​

Modifications to Website/Services/Content/Software.  You acknowledge and agree that CBF may change, modify, amend, suspend or discontinue any aspect of the Website, Software, Services, or Content at any time, without notice and without liability to you or any OTHER third party.

Disclaimer of Warranties.  ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, ARE PROVIDED ON AN “AS IS”, “WHERE IS”, “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY OF INFORMATIONAL CONTENT.  ALL CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE, SOFTWARE, OR SERVICES, IS TO BE USED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE TO YOU SPECIFIC LEGAL, FINANCIAL, OR TAX ADVICE, OR ANY OTHER ADVICE WHATSOEVER OR TO BE RELIED UPON AS SUCH.​

CBF, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, DO NOT WARRANT THAT THE SERVICES OR THE FUNCTIONS, FEATURES OR INFORMATION CONTAINED THEREIN OR ON THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY THIRD-PARTY CONTENT, SOFTWARE, PRODUCTS, ITEMS OR OTHER MATERIALS USED IN CONNECTION WITH THE WEBSITE OR THE SERVICES, WILL BE ACCURATE, TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED.

Limitation of Liability. IN NO EVENT SHALL CBF, its directors, officers, employees, agents, service providers and representatives, OTHER THIRD PARTIES, and each of their respective successors and assigns, BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE CLAIMS, LOSSES, OR DAMAGES WHETHER ARISING FROM AN ACTION IN CONTRACT, TORT OR OTHERWISE, RELATED TO OR IN CONNECTION WITH THIS WEBSITE OR ANY SERVICES OR CONTENT OR SOFTWARE MADE AVAILABLE ON OR THROUGH THIS WEBSITE, EVEN IF INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CBF, ITS SERVICE PROVIDERS OR REPRESENTATIVES SHALL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, OR DAMAGES IN CONNECTION WITH ERRORS, OMISSIONS OR INACCURACIES OF THE CONTENT, SERVICES, OR SOFTWARE OR ANY DECISION MADE IN RELIANCE ON THE CONTENT SERVICES, OR SOFTWARE, CONTAINED ON OR ACCESSIBLE THROUGH THIS WEBSITE. YOUR SOLE REMEDY FOR ANY CLAIMS IN CONNECTION WITH THIS WEBSITE IS TO DISCONTINUE USING THIS WEBSITE AND THE RELATED CONTENT, SOFTWARE, AND SERVICES. THE FOREGOING LIMITATION SHALL APPLY AND SURVIVE NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY.​

Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.​

Choice of Law and Venue. This Agreement shall be governed by and interpreted in accordance with laws of the Commonwealth of Georgia and the United States, without giving effect to any conflict of law provisions. The parties hereby consent to the exclusive jurisdiction of and agree that venue is proper and convenient in the state and federal courts situated in the Commonwealth of Georgia. ​

Waiver. The failure of CBF to exercise or enforce any right or provision of this Agreement will not deem a waiver of such right or provision.  ​

Survival. The following provisions shall survive the termination of this Agreement and shall apply indefinitely:

  • Password and Security
  • Collaboration with Third Parties
  • Intellectual Property
  • Disclaimer of Warranties
  • Limitation of Liability
  • Severability
  • Choice of Law and Venue
  • Waiver
  • Survival

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Last Updated: September 28, 2022