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TheatreWeb.net ("TW") is an online service that allows individuals to create TW websites ("Websites") incorporating text, photos, and other materials the user submits to TW (collectively, "Content"). The services offered by TW include the TW website located at www.TheatreWeb.net (the "Site"), and any other features, content, or applications offered from time to time by TW in connection with the Site (collectively, the "TW Services"). The Site and the TW Services are owned by TheatreWeb.net LLC.
This page states the Terms of Use Agreement ("Agreement") under which You may use the Site and the TW Services offered on the Site. Please read this page carefully. By using this Site and/or the TW Services, You agree to be bound by this Agreement, whether you are a "Visitor" (meaning you simply browse the Site) or you are an "Account Holder" (meaning you have created an account on the Site to use the TW Services). If You do not accept this Agreement, please do not use this Site. TW may, in its sole discretion, revise this Agreement at any time; therefore, You should visit this page periodically to review the Agreement.
User Eligibility
Use of the TW Services is void where prohibited. By using the TW Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the TW Services does not violate any applicable law or regulation. Your Account may be terminated without warning if we believe that you are less than 18 years of age. The TW Services are for personal use only.
Term
This Agreement shall remain in full force and effect while you use the Site or are an Account Holder. You may terminate your Account at any time, for any reason, by following the instructions on the FAQ page. Even after your Account is terminated, this Agreement will remain in effect.
Returns/Refunds
TheatreWeb.net does not issue refunds after product development has begun, which you are responsible for understanding upon purchasing any article at our site. The deadline for any refund claim is one week after product development has begun.
TW cannot accept responsibility for the quality of the Content you provide and insert into Websites (including misspelled words, grammatical errors, use of poor quality photos, etc.). It is your sole responsibility to review your work and approve it prior to publishing. TW will not refund based on Content errors.
Copyright Policy
When using this Site, TW requires Visitors and Account Holders to respect the intellectual property rights we have in the Site's contents, such as text, graphics, images and other content (the "Site Material"). TW also requires Visitors and Account Holders to respect the intellectual property rights of others when submitting Content.
Unauthorized use of the Site Material violates copyright, trademark, and other laws. You may not sell our Site Material or the Websites purchased or viewed. The names, marks and logos appearing on the Site or included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to TW.
With respect to Content you submit to TW, You represent and warrant at all times during the term that: (i) you own such Content or otherwise have the right to grant the license set forth in the section below (ii) submission of your Content to TW does not violate any copyright, trademark, trade secret or other intellectual property right of any third party (iii) you have obtained permission to use the image of each person (or, if applicable, their parent/guardian) appearing in any photograph and/or visual image you submit to TW as part of your Content (iv) submission of your Content to TW does not violate the privacy rights, publicity rights, or any other rights of any person. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content submitted by you to TW.
It is the policy of TW to terminate the Accounts of any Account Holders who repeatedly infringe the copyright rights of others upon our receipt of proper notification from the copyright owner or the copyright owner's legal agent.
We ask all TW members to inform us immediately if they have reason to suspect that any material submitted by an Account Holder infringes someone's intellectual property rights.
If you believe your copyrighted work has been submitted to TW in a way that constitutes copyright infringement, please provide our designated Copyright Agent with your name, address, phone number, and email address, along with a statement that the infringing material is being used without consent. TW's designated Copyright Agent for notice of claims of copyright infringement can be reached as follows:
ATTN: Copyright Agent
TheatreWeb.net LLC
511 Avenue of the Americas, #385
New York, N.Y. 10011
copyright@theatreweb.net
License for Content Submitted to TW
TW does not claim any ownership rights in the Content that You as an Account Holder submit to TW through the Site or by other electronic and/or non-electronic means. By submitting your Content to TW, however, you hereby grant to TW a non-exclusive, fully-paid, royalty free, limited license to use, modify, and reproduce such Content solely in connection with the TW Services for which you registered as an Account Holder. This license will continue until such time as your Account is closed. This license does not grant TW the right to modify, reproduce, distribute, publicly perform, publicly display, sell or license your Content outside of the TW Services for which you registered as an Account Holder.
Maintenance and Storage of Content Submitted to TW
Any Content You submit that TW stores on its web servers will be permanently removed upon the earlier of the closure of Your Account.
Account Name and Password
Any Content you submit to TW will be accessible only to You and to TW. You are responsible for maintaining the confidentiality of Your Account Name and Password, and are fully responsible for all activities that occur under Your Account Name and Password with or without Your knowledge. You agree to immediately notify TW of any unauthorized use of Your Account Name or Password or any other breach of security. In any event where unauthorized use or access is suspected, your Account may be suspended temporarily or terminated. TW cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Name and Password secure.
Conduct of Visitors and Account Holders
You agree that you will not use the Site or the TW Services to (i) submit Content that is offensive, pornographic, unlawful, threatening, menacing, abusive, harmful, an invasion of privacy or publicity rights, defamatory, libelous, vulgar, illegal or otherwise objectionable (ii) harm minors in any way, including, but not limited to, Content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct (iii) upload or transmit any material which is likely to cause harm to TW's web servers, office computers, or anyone else's computer systems, including but not limited to that which contains any virus, code, worm, data or other files or programs designed to damage or allow unauthorized access to the Site which may cause any defect, error, malfunction or corruption to the Site (iv) impersonate any person or entity, or otherwise to misrepresent your affiliation with a person or entity (v) interfere with or disrupt (or attempt to interfere with or disrupt) this Site or web servers or networks connected to this Site, or to disobey any requirements, procedures, policies or regulations of networks connected to this Site (vi) provide any information to TW that is false or misleading, that attempts to hide your identity or that you do not have the right to disclose.
TW reserves the right to terminate the Accounts of Account Holders and prevent their further access to this Site for violating these terms or the law and reserves the right to remove any Content from this Site. The violation of any of the terms and conditions set forth in this Agreement shall result in the immediate revocation of Your right or license to use the Site Material and obligates You to immediately destroy any copies of the Site Material in Your possession.
Compliance With Laws
You agree to comply with all applicable local, state, national and international laws, rules and regulations, including without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
Communications With You
TW may communicate with You via email regarding Your use of the Site or Your submission of Content. You agree to receive emails from TW, or its designee, necessary for the normal functioning of the Site or in connection with TW Services.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT TW SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES, (INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST DATA) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT TW IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Disclaimer of Warranties
ALTHOUGH TW STRIVES FOR ACCURACY IN ALL ELEMENTS OF THE SITE MATERIAL, IT MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ARE RESPONSIBLE FOR THE ACCURACY AND PLACEMENT OF ALL CONTENT YOU SUBMIT. TW DOES NOT MONITOR OR CHECK INDIVIDUAL CONTENT PRIOR TO PUBLICATION. TW CANNOT BE RESPONSIBLE FOR THE VIOLATION OF THESE TERMS BY VISITORS OR ACCOUNT HOLDERS, OR FOR THE RELIANCE BY VISITORS OR ACCOUNT HOLDERS UPON FALSE OR MISLEADING MATERIAL SUBMITTED BY OTHER VISITORS OR ACCOUNT HOLDERS. TW MAKES NO REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL ON THIS SITE OR ABOUT THE RESULTS TO BE OBTAINED FROM USING THE SITE OR FROM RELYING ON ITS MATERIAL. YOU USE THE SITE AND ITS MATERIAL AT YOUR OWN RISK.
TW DOES NOT WARRANT THAT (I) THE SITE WILL OPERATE ERROR-FREE (II) THE WEB SITE AND ITS WEB SERVERS ARE FREE OF COMPUTER VIRUSES, WORMS OR OTHER HARMFUL MATERIAL (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH TW OR IN CONNECTION WITH TW SERVICES WILL MEET YOUR EXPECTATIONS. IF YOUR SUBMISSION OF CONTENT AND USE OF THE SITE OR THE SITE'S MATERIAL RESULTS IN ANY COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, THE NEED FOR SERVICING OR REPLACING EQUIPMENT, DATA, AND SUBMITTED CONTENT, TW SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR EXPENSES.
YOUR USE OF THIS SITE, ITS MATERIAL, AND THE TW SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TW , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Indemnity
By using this Web Site, You agree to defend, indemnify, and hold harmless TW, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including reasonable legal and accounting fees) that TW may become obligated to pay arising or resulting from Your use of the Site Material, the Content you provide or Your breach of this Agreement. TW reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.
Governing Law
These Terms and Conditions are governed by the substantive laws of the State of New York, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in New York with respect to any dispute, disagreement, or cause of action related to or involving this Web Site. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere on our Site, this Agreement constitute the entire agreement between You and TW with respect to Your use of this Site and the TW Services.
Please consult our Privacy Policy for additional terms and conditions that apply to your use of and access to the Site.
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