Terms of Use and Privacy Notice

This web site is an online information and communication service provided by Fraze Pavilion, City of Kettering. Please read these Terms of Use carefully before using this site. By using this site, you signify your agreement with these Terms of Use. If you do not agree with any of the below Terms of Use, do not use this site. Fraze Pavilion reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Such modifications shall be effective immediately upon posting of the modified Terms of Use. By using this service after we have posted notice of such modifications, alterations or updates, you agree to be bound by the revised terms. Fraze Pavilion retains the right to deny access to anyone at its complete discretion for any reason including for violation of any of these Terms of Use. This web site provides links to many other web sites affiliated with Fraze Pavilion that may have a Terms of Use Policy different from, or in addition to, the Terms of Use specified herein, particularly in the case of web sites hosting third-party content or that allow postings by third-parties. By accessing such web sites through links provided on this web site, you agree to abide by each applicable Terms of Use policy as therein specified.

This site is controlled and operated by Fraze Pavilion at 695 Lincoln Park Boulevard, Kettering Ohio 45429. The phone number is (937) 296-3300. All material on this site, including, but not limited to images, illustrations, audio clips, and video clips, is protected by copyrights, trademarks, and other intellectual property rights which are owned and controlled by Fraze Pavilion, City of Kettering or by other parties that have licensed their material to Fraze Pavilion. Material on fraze.com or any web site owned, operated, licensed or controlled by Fraze Pavilion is solely for your personal, non-commercial use. Such material may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Fraze Pavilion. Use of the materials on any other web site or networked computer environment, or use of the materials for any purpose other than personal, non-commercial use is a violation of Fraze Pavilion’s copyrights, trademarks and other proprietary rights, and is prohibited.

This site may contain links to other web sites. The linked sites are for your convenience only, and you access them at your own risk. Fraze Pavilion is not responsible for, and does not endorse, the content of the linked sites, whether or not Fraze Pavilion is affiliated with sponsors of the sites.

Fraze Pavilion welcomes links to this site. You may establish a hypertext link to this site, provided that the link does not state or imply any sponsorship or endorsement of your site by Fraze Pavilion. You may not use on your site any trademarks, service marks or copyrighted materials appearing on the Fraze Pavilion site, including but not limited to any logos or characters, without the express written consent of the owner of the mark or right. You may not frame or otherwise incorporate into another web site any of the content or other materials on the Fraze Pavilion site without prior written consent of Fraze Pavilion.

The materials on Fraze Pavilion’s web site are provided “as is” and without warranties of any kind either express or implied. Fraze Pavilion disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, other than those warranties which, under the laws applicable to this agreement, are implied by law and are incapable of exclusion, restriction, or modification. Neither Fraze Pavilion, nor its affiliated or related entities, nor any person involved in the creation, production, and distribution of Fraze Pavilion’s web site warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that Fraze Pavilion or the server that makes them available are free of viruses or other harmful components. The material that you read on Fraze Pavilion’s web site is provided solely for entertainment and promotional purposes. Fraze Pavilion does not warrant or make any representations regarding the use or the results of the use of the materials in Fraze Pavilion’s web site in terms of their correctness, accuracy, reliability, or otherwise.

You expressly agree that use of the Fraze Pavilion site is at your sole risk. You (and not Fraze Pavilion) assume the entire cost of all necessary servicing, repair or correction. You expressly agree that neither Fraze Pavilion, nor its affiliated or related entities, nor any of their respective employees, or agents, nor any person or entity involved in the creation, production, and distribution of Fraze Pavilion’s web site are responsible or liable to any person or entity whatsoever for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from the use of this site or any other Fraze Pavilion web site. By way of example, and without limiting the generality of the foregoing, Fraze Pavilion and related persons and entities shall not be responsible or liable for any claim or damage arising from failure of performance, error, omission, interruption, deletion, defect, delay in operation, computer virus, theft, destruction, unauthorized access to or alteration of personal records, or the reliance upon or use of data, information, opinions or other materials appearing on this site. You expressly acknowledge and agree that Fraze Pavilion is not liable or responsible for any defamatory, offensive or illegal conduct of other subscribers or third parties.

You agree to indemnify, defend and hold harmless, Fraze Pavilion, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use.

Unless otherwise specified, the materials in the Fraze Pavilion web site are presented solely for the purpose of entertainment and promoting programs and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Fraze Pavilion from its offices within the State of Ohio, United States of America. Fraze Pavilion makes no representation that materials in Fraze Pavilion’s web site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Ohio, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or Fraze Pavilion bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in Montgomery County, Ohio, and you expressly consent to the jurisdiction of said courts. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in, signed by Fraze Pavilion.

Fraze Pavilion is very respectful about the privacy concerns of the visitors to its sites on the Internet. As a general policy, no personal information is automatically collected from visitors to this site. However, certain non-personal information of visitors is recorded by the standard operation of Fraze Pavilion’s Internet servers. This information is primarily used to provide an enhanced online experience for the visitor. Information tracked includes the type of browser being used by the visitor (e.g., Netscape, Internet Explorer), the type of operating system (e.g., Macintosh, Windows) in use by the visitor and the domain name of the visitor’s Internet service provider (e.g., America Online, Earthlink). By having this information, web pages optimized for a particular visitor’s computer are automatically made available to that visitor. Other use of this information may include internal review of the number of visitors to this site but only in an aggregate and non-personally-identifiable form. Fraze Pavilion only when voluntarily submitted by the user knows e-mail addresses and other personally identifiable data about visitors to this site. Fraze Pavilion affiliated web sites that are linked to this site and that engage in any additional information practices will explain those practices at that site.

On sites specifically designed for children, Fraze Pavilion makes a special effort to encourage children to consult with their parents before furnishing data. However, Fraze Pavilion believes that parents should supervise their children’s online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from disclosing online their name, address, and other personal information without parental permission. For additional information about parental control tools, please consult the “Consumer Assistance” page of the Direct Marketing Association home page (www.the-dma.org).

Copyright 2004 – 2011 Fraze Pavilion