Privacy Policy

Welcome to the Site (this "Site") of Nebuta Committee of Nisei Week Foundation, a non-profit California public benefit corporation ("Nisei Week Foundation"). By accessing, browsing and/or using this Site, you irrevocably agree to be bound by the terms and conditions set forth in this Privacy Policy (this "Privacy Policy") and all applicable laws. If you do not: (i) agree to be bound by the terms and conditions set forth in this Privacy Policy and applicable laws each time you access, browse and/or use this Site; or (ii) have the authority to agree to or accept the terms and conditions set forth in this Privacy Policy, please refrain from accessing, browsing and using this Site. Nisei Week Foundation respects your privacy and understands the importance of your privacy.

1. PERSONAL IDENTIFYING INFORMATION.
   Your personal identifying information, such as your names, street or e-mail addresses, phone numbers, sex or any other information which, when used by itself or with other data (collectively, the "Personal Identifying Information"), might identify you individually is only collected if you send your Personal Identifying Information to Nisei Week Foundation voluntarily as part of using this Site. Nisei Week Foundation may use the Personal Identifying Information solely in connection with planning, organizing, financing, publicizing, operating, maintaining, displaying, storing, disposing, selling and otherwise exploiting that certain Nebuta Float during the Nisei Week Festival annual parade scheduled for Sunday, August 21, 2009 (the "Nebuta Parade") and all related events and activities coordinated by the Nisei Week Foundation. If Nisei Week Foundation requests the Personal Identifying Information, Nisei Week Foundation agrees to maintain the confidentiality of the Personal Identifying Information in accordance with applicable state and federal laws and regulations. You agree to provide only the Personal Identifying Information that is specifically requested by Nisei Week Foundation and you shall not submit the Personal Identifying Information in any other form.
2. DISCLOSURE.
   By providing Nisei Week Foundation with your Personal Identifying Information, you grant Nisei Week Foundation the right to use the Personal Identifying Information solely in connection with the Nebuta Parade and in a manner consistent with the policies of Nisei Week Foundation and applicable state and federal laws and regulations. Nisei Week Foundation does not sell, rent, or disclose your Personal Identifying Information to any third party, except as described in this section. Nisei Week Foundation may provide aggregate statistics about Nisei Week Foundation's customers, sales, online traffic patterns, and related information to reputable third parties, but these statistics will not include any Personal Identifying Information. Finally, if disclosure of any Personal Identifying Information is required by law or by an appropriate government authority, Nisei Week Foundation will comply accordingly.
3. COOKIES.
   Nisei Week Foundation may use "cookies" to store and sometimes track information about you. A cookie is a small amount of data that is sent to your browser from a web server and stored on your computer's hard drive. Cookies can make use of this Site easier by saving status and preferences about this Site. Some parts of this Site where you are prompted to log-in or that are customizable may require that you accept cookies. Cookies by themselves cannot be used to find out the identity of any user. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent.
4. YOUR CONTROL.
   You may, at any time, remove your Personal Identifying Information from Nisei Week Foundation's current database. If you have submitted your Personal Identifying Information to Nisei Week Foundation, and you wish to have it removed from Nisei Week Foundation's current database, please e-mail Nisei Week Foundation at admin@nebuta-la.org. However, for Nisei Week Foundation's record keeping purposes, Nisei Week Foundation will retain your Personal Identifying Information you submitted for any previously completed contractual transactions.
5. YOUR USE.
   By using this Site, you agree not to disrupt or intercept Nisei Week Foundation's electronic information posted on this Site or on any of Nisei Week Foundation's servers. You also agree not to attempt to circumvent any security features of this Site, and to abide by all applicable, local, state, federal and international laws. In the "Registration" and the "Contact Us" sections of this Site, Nisei Week Foundation asks for some Personal Identifying Information, such as name and mailing address, but this information will only be used by Nisei Week Foundation if Nisei Week Foundation needs to contact you directly to respond to questions, comments, or inquiries, or to notify you about updates, activities, or upcoming events, or for other communications with you. By using this Site, you consent to the collection and use of this information by Nisei Week Foundation.
6. CHILDREN.
   Nisei Week Foundation strongly believes in protecting the privacy of children online (we define "children" as minors younger than 13). Therefore, Nisei Week Foundation will not knowingly collect or use any Personal Identifying Information from children or knowingly allow children to register with Nisei Week Foundation. Any Personal Identifying Information that is inadvertently collected from children will be deleted promptly upon discovery. If you are 13 years or younger, please do not use this Site without your parent's supervision.
7. SECURITY
   Nisei Week Foundation is committed to providing reasonable measures, such as password protection, to protect your Personal Identifying Information, including medical information, from any unauthorized access or disclosure. However, when you transmit any Personal Identifying Information, including medical information, through any of the pages on this Site, your Personal Identifying Information is not encrypted before being sent over the internet. There is no absolute guarantee of security or of privacy.
8. DISCLAIMER OF LIABILITY.
   WHILE NISEI WEEK FOUNDATION HAS TAKEN CERTAIN SECURITY MEASURES TO GUARD AGAINST UNAUTHORIZED ACCESS OR INTERCEPTION OF THIS SITE AND PERSONAL IDENTIFYING INFORMATION, THERE IS NO ABSOLUTE GUARANTEE OF SECURITY OR PRIVACY. ACCORDINGLY, NISEI WEEK FOUNDATION DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIEDLY, THAT THE INFORMATION PROVIDED BY YOU SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT OF AN INTERCEPTION OR UNAUTHORIZED ACCESS, NISEI WEEK FOUNDATION SHALL NOT BE RESPONSIBLE FOR SUCH INTERCEPTION OR UNAUTHORIZED ACCESS, OR FOR ANY DAMAGES OF ANY KIND, WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL IN NATURE OR OTHERWISE (INCLUDING LOST PROFITS) SUFFERED BY YOU, EVEN IF NISEI WEEK FOUNDATION HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN TRANSMITTING ELECTRONIC COMMUNICATIONS TO NISEI WEEK FOUNDATION, YOU ARE REQUESTING THAT NISEI WEEK FOUNDATION SEND INFORMATION TO OR CONTACT YOU REGARDING NISEI WEEK FOUNDATION'S ACTIVITIES. NISEI WEEK FOUNDATION WILL MAKE EVERY EFFORT TO ACCOMMODATE REASONABLE REQUESTS FOR INFORMATION PERTAINING TO NISEI WEEK FOUNDATION'S ACTIVITIES IN A TIMELY MANNER BUT MAKES NO GUARANTEES FOR THE TIMELINESS OF SUCH RESPONSES. YOU SHOULD BE AWARE THAT NISEI WEEK FOUNDATION IS NOT RESPONSIBLE FOR DELAY, NON-DELIVERY, OR NON-RECEIPT OF ANY INFORMATION EXCHANGED BETWEEN YOU AND NISEI WEEK FOUNDATION OR VICE-VERSA DUE TO INTERNET CONNECTIVITY PROBLEMS, MAN-MADE OR NATURAL DISASTERS, FORCE MAJEURE, COMPUTER MALFUNCTIONS, OR INCORRECT CONTACT INFORMATION (INCLUDING BUT NOT LIMITED TO E-MAIL ADDRESSES, MAILING ADDRESSES, TELEPHONE, CELLULAR, PAGER, OR FAX NUMBERS) SUPPLIED BY YOU.
9. CHANGES TO THE PRIVACY POLICY.
   Nisei Week Foundation reserves the right, at any time and without notice, to add to, change, update, or modify this Privacy Policy, simply by posting such change, update, or modification on this Site. If Nisei Week Foundation decides to change the Privacy Policy, Nisei Week Foundation will post those changes on this Site so that you are always aware of what information Nisei Week Foundation collects, how Nisei Week Foundation uses it, and under what circumstances Nisei Week Foundation discloses it. Any such change, update, or modification will be effective immediately upon posting on this Site and your use of this Site.
10. ENTIRE AGREEMENT.
    This Privacy Policy: (i) constitutes the final, complete, and exclusive understanding and agreement between you and Nisei Week Foundation with respect to the subject matter of this Privacy Policy; and (ii) supersedes all prior and contemporaneous understandings or agreements between you and Nisei Week Foundation, whether written or oral, with respect to the subject matter of this Privacy Policy. You have not been induced to enter into this Privacy Policy by, nor are you relying on, any representation or warranty outside those expressly set forth in this Privacy Policy.
11. SEVERABILITY.
    If any provision of this Privacy Policy is held to be invalid for whatever reason by any arbitrator, court, governmental agency, body or tribunal, the remaining provisions of this Privacy Policy shall continue in full force and effect. Upon any such determination of invalidity, Nisei Week Foundation shall replace the invalid provision with a valid provision that effects the original intent as closely as possible in a mutually acceptable manner.
12. WAIVER.
    No waiver of any breach, failure of any condition or any right or remedy contained in or granted by the provisions of this Privacy Policy shall be effective unless it is in writing and executed by the party waiving the breach, failure, right or remedy. No waiver of any breach, failure, right or remedy shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor shall any waiver constitute a continuing waiver unless the writing so specifies.
13. FORCE MAJEURE.
    Nisei Week Foundation shall not be liable for any delay in the performance of its obligations hereunder that is due to circumstances or causes beyond Nisei Week Foundation's reasonable control, such as fires, strikes, disputes with workers, delays in transportation, governmental demands or requirements, or acts of God (a "Force Majeure Event").
14. GOVERNING LAW; CONSENT TO JURISDICTION.
    This Privacy Policy shall be governed by and construed in accordance with the laws of the State of California without regard to the conflicts of law rules of such state.
15. ARBITRATION.
    Any controversy or claim arising out of or relating to this Privacy Policy or the Nebuta Parade shall be resolved by arbitration before the American Arbitration Association ("AAA") under its then-prevailing commercial arbitration rules. Arbitration under this Section shall be initiated by a written demand for arbitration specifying the controversy or claim on which arbitration is sought, as well as the relief requested. The arbitration shall be held in Los Angeles County unless you and Nisei Week Foundation mutually select another venue. The decision of the arbitrator shall be non-appealable and final and binding upon the parties hereto, and judgment upon the award rendered by the arbitrator may be entered into any court having jurisdiction. The arbitrator shall award the costs and expenses of arbitration, including attorneys' fees, to the prevailing party as part of its award, in addition to all other relief granted. This arbitration provision is intended by the parties to be self-executing.

Last updated: May 19, 2009