TERMS OF USE OF THEATER ENGINE, L.L.C. SITE 

These terms and conditions (the “Terms”) govern your access to and use of Theater Engine’s website (the “Site”). By accessing or using the Site, you are agreeing to these Terms. We may modify these terms at any time, and your continued use of the site indicates your acceptance of those modifications.  

Please be sure to read these entire Terms.   The Agreement contains important information concerning use of the Site.   If you don't agree to any of the terms of this Agreement, your only remedy is not to use the Site and to stop using any account or services for which you may have registered.    

This site is not intended for use by children under the age of 13.   If you are between the ages of 13-18 (19 in Alabama or the age of majority in your jurisdiction) your account must be created and maintained, and these Terms accepted, by your parent or guardian.    

DEFINITIONS

Parties

You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, or in any way uses the Site. “We,” “us,” and “our” refer to Theater Engine L.L.C., a Vermont limited liability company (“Theater Engine”)

Content

Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you post, submit or transmit to, through or in connection with the Site, such as ratings, reviews, messages, and information that you publicly display or is displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Theater Engine Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Theater Engine or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Theater Engine Content.

USING THE SITE

Eligibility

To access or use the Site, you must be 18 years or older, or must have attained the age of majority in your applicable jurisdiction, and have the requisite power and authority to enter into these Terms. You may not access or use the Site if we have previously banned you from the Site or closed your account. Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.  

Our Site is not designed for use by people under 13 years of age.  We will not knowingly collect personal information from visitors under thirteen (13) years of age for any activities on our Site. Upon discovery of the participation of a person under thirteen (13) years of age in such activities, his/her registration or participation will be canceled immediately and all personal information will be deleted from our files.

If you are between the ages of 13-18 (or the age of majority in your jurisdiction), any account must be opened and maintained by your parent or guardian, who must expressly accept these Terms.   

Site Availability

The Site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.

User Accounts

You may create an account and provide certain information about yourself in order to use some of the features that are offered through the Site. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.

Your account is for your personal, non-commercial use only. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. 

Registration

Registration with the Site is required in order to access certain services, including, without limitation, saving certain information, Fan Page participation, Artist Pages, Company Pages, User ratings, listing reviews and blog and article comment posting. Your registration information will be handled by us in accordance with our Privacy Policy, which you must review prior to registering with us.

You may be required to select a password and member name for membership registration. You are responsible for maintaining the confidentiality of your password and any membership account information. You agree to immediately notify us of any unauthorized use of your password or other membership account information and further agree to indemnify and hold the Site, their parents, affiliates, subsidiaries, operational providers and partners harmless for any improper or illegal use of your password.

We encourage you to keep us informed about any changes in your membership, personal contact and email information. You may change or update certain information in your membership file by using the controls on your profile page. You may delete your profile entirely by contacting us. If your email address is canceled, becomes inactive or inaccessible for an extended period of time, we may cancel your membership and delete all or part of your membership profile, to the extent allowed by law and in accordance with our security measures. We also reserve the right to cancel your membership or prohibit your participation in any or all of the Site’ activities if you violate any provision of these Terms or our Privacy Policy.

 

CONTENT

Advice, Opinions and Third Party Content Disclaimer

Our Site contains facts, views, opinions and statements of third parties, visitors and other organizations. The Site, their parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, their parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.

The Site and its content, including factual information, are provided solely for informational purposes and are not endorsements or guarantees by the Site of any products or services available from content providers or advertisers.  We accept no liability in connection with the inclusion or omission of any event or entity from the Site, and will not be responsible for changes in acts, menus, productions, prices, phone numbers, addresses, ownership, management and other factual information regarding featured content providers.

Responsibility for Your Content

The Site may allow you to post reviews of events, movies, restaurants and other businesses as part of Your Content, as defined below, in interactive areas of the Site.   User content (including Your Content) does not reflect the views of the Site, its parents, affiliates or subsidiaries, operational providers, or their respective employees, officers, directors or shareholders. The Site does not assume responsibility or liability for any user content or for any claims, damages or losses resulting from the use of this service or the materials contained, posted or displayed on the Site.   

Your Content as submitted, posted to, linked to or otherwise displayed or provided to the Site is subject to the perpetual license to Your Content as otherwise provided in these Terms, including without limitation, the unrestricted, perpetual and non-exclusive right to use or not use, reproduce, modify, translate, transmit, distribute or otherwise exploit any and all materials and communications. There is no obligation to give credit or pay any consideration to you for anyUser Content, and in fact you specifically waive all right to credit or any consideration. 

While we have no obligation to monitor any particular use of the Site or any content, we reserve the right to delete or modify any user content (including Your Content) that we determine in our sole business judgment violates these terms or our subjective standards. We strive to maintain a high level of integrity with our user-submitted content, and any submission that is determined to be disingenuous, false, misleading or violate of the rights of us or any third party that we determine could diminish the overall quality of our Site will be removed.    

You alone are responsible for Your Content. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent and warrant that all of Your Content is your original creation, and that you own all rights in, or have the necessary permissions to use and authorize the use of Your Content as described in these Terms. You may not imply that Your Content is in any way sponsored or endorsed by Theater Engine.

By submitting Your Content to any interactive part of our Site, you agree that such submission is non-confidential for all purposes.   Inclusion of personally identifiable information, such as name, photograph or other information that may permit others to trace you through links in such posts may allow others to identify you.

You may expose yourself to civil and/or criminal liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.   

Our Right to Use Your Content

In consideration of the Site accepting Your Content, you grant us, any of our parents, affiliates, subsidiaries, licensees, operational providers, successors and assigns an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, print, display, modify, edit, remove, publicly perform, translate and create derivative works from and distribute or otherwise use and reproduce Your Content on the Site and in all forms of media now known or hereafter invented, including but not limited to such uses as on and in any other website or mobile application owned or operated by us.  This means we may use Your Content in a number of different ways, including publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”).  As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sub-licensable, transferable rights to use Your Content for any purpose. Please note that you also irrevocably grant the users of the Site and any Other Media the right to access Your Content in connection with their use of the Site and any Other Media. Finally, you irrevocably waive, and cause to be waived, against Theater Engine and its users any claims and assertions of moral rights or attribution with respect to Your Content.  By “use” we mean all copyright and other proprietary rights including without restriction, the rights to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.

Ownership

As between you and Theater Engine, you own Your Content (but have irrevocably license us the use of Your Content, as above). We own the Theater Engine Content, including interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Site Content, computer code, products, software, aggregate user review ratings, and all other elements and components of the Site excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with the Theater Engine Content and the Site, which are protected by applicable copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Theater Engine Content in whole or in part except by our prior, express, written authorization in each instance. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Site and the Theater Engine Content are retained by us.

Other

User Content (including any that may have been created by users employed or contracted by Theater Engine) does not necessarily reflect the opinion of Theater Engine. We reserve the right to remove, screen, edit, or reinstate User Content in our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.  In fact, you should assume all Your Content will be publicly available.   Although we have no obligation to monitor User Content, we may do so at any time in our sole discretion.

RESTRICTIONS

You agree not to, and will not assist, encourage, or enable others to use the Site to:

  • Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
  • Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Site’s search results or any third-party website;
  • Solicit personal information from minors, or submit or transmit pornography; or
  • Violate any applicable law.

You also agree not to, and will not assist, encourage, or enable others to:

  • Violate these Terms;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Site or Site Content (other than Your Content), except as expressly authorized by Theater Engine;
  • Reverse engineer any portion of the Site;
  • Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Site or on any materials printed or copied from the Site;
  • record, process, or mine information about other users;
  • Reformat or frame any portion of the Site;
  • Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on Theater Engine’s technology infrastructure or otherwise make excessive traffic demands of the Site;
  • Attempt to gain unauthorized access to the Site, user accounts, computer systems or networks connected to the Site through hacking, password mining or any other means;
  • Use the Site or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
  • Use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site; 
  • Use the Site to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site Content; or 
  • Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Site.

THIRD PARTIES

The Site may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

DISCLAIMERS AND LIMITATIONS OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THEATER ENGINE TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.

THE SITE IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THEATER ENGINE MAY NOT MONITOR, CONTROL, OR VET USER CONTENT. AS SUCH, YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK. THEATER ENGINE MAKES NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SITE, ITS SAFETY OR SECURITY, OR THE SITE CONTENT. ACCORDINGLY, THEATER ENGINE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SITE’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF THE LISTINGS, RATINGS, REVIEWS (INCLUDING THEIR CONTENT, ORDER, AND DISPLAY), OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE SITE.

THEATER ENGINE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SITE, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 

YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SITE, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SITE.  YOU AGREE TO THIS LIMITATION OF LIABILITY AND UNDERSTAND AND AGREE THAT YOU WOULD NOT HAVE USED THE SITE AND THAT THEATRE ENGINE WOULD NOT HAVE MADE THIS SITE AVAILABLE TO YOU WITHOUT THIS LIMITATION.

THEATER ENGINE DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.

Certain jurisdictions do not permit disclaimer of certain liabilities, and some of these terms may not apply to you.  

DMCA Copyright Infringement Claim and Counter-Claim Policy for Interactive Areas

If you believe in good faith that materials we host infringe on your copyright, you (or your agent) may send us a notice [link], in accordance with the requirements set forth in the Digital Millennium Copyright Act of 1998 ("DMCA"), requesting that we remove or block access to the infringing Material, which shall include the following information:

  • an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • identification of the copyrighted work claimed to have been infringed;
  • a description of where the material that you claim is infringing is located on our Site;
  • your address, telephone number, and email address;
  • a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  • a statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

If you believe in good faith that someone has wrongfully filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then current statutory requirements imposed by the DMCA; see www.loc.gov/copyright. Notices and counter-notices should be sent to [link] or:

Theater Engine L.L.C. – Att’n.  DCMA
1662 West Hill Road

Northfield, VT 05663

 

If the Site receive more than one Notice of Copyright Infringement concerning a user, the user may be deemed a “repeat copyright infringer.” The Site reserve the right to terminate the accounts of “repeat copyright infringers.”

Material on our Site may include inaccuracies or typographical errors. We have the right to make changes and update any information contained on our Site without prior notice.

INDEMNIFICATION

If you violate any of these Terms or if you misuse this Site, you agree to defend, indemnify and hold harmless Theater Engine, its parents, affiliates and its and their officers, shareholders, managers, members, employees, agents, service providers and licensees from any and all liability including costs, expenses and attorneys’ fees that arise out of or are related to your violation or misuse, including without limitation, damages arising out of or in connection with any of Your Content.  You waive any rights you may have in having the User Content, including Your Content, edited, altered or changed in any manner without your consent, which may include changes that are not acceptable to you.

CHOICE OF LAW AND VENUE

This agreement is made in Vermont.  Vermont law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Theater Engine (a “Claim”), without regard to conflict of law provisions. 

FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU EXPRESSLY CONSENT TO THE PERSONAL AND SUBJECT MATTER JURISDICTION OF THE APPROPRIATE FEDERAL OR STATE COURT OF VERMONT, AND AGREE THAT SUCH COURT WILL HAVE EXCLUSIVE JURISDICTION AND EXCLUSIVE VENUE TO RESOLVE ANY CLAIM OR ACTION ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT.

 

 

TERMINATION

You may terminate the Terms at any time by closing your account, if any, and discontinuing your use of the Site. 

We may close your account, suspend your ability to use certain portions of the Site, or ban you altogether from the Site for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Site, Your Content, Site Content, or any other related information.

GENERAL TERMS

We reserve the right to modify, update, or discontinue the Site at our sole discretion, at any time, for any or no reason, and without notice or liability.

We may provide you with notices, including those regarding changes to the Terms, by email or communications through the Site.  Please note, however, that changes to these Terms made be made in our discretion without notice.  It is your responsibility to review these Terms and conditions every time you use the Site.  

Except as otherwise stated, nothing in these Terms is intended, nor will be deemed, to confer rights or remedies upon any third party.

These Terms (including our Privacy Policy) contain the entire agreement between you and us regarding the use of the Site, and supersede any prior agreement between you and us with respect to such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.

Any failure on Theater Engine’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights.

If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.  The section titles in the Terms are for convenience only and have no legal or contractual effect.

The Terms, and any rights or obligations hereunder, are not assignable, transferable or sub-licensable by you without Theater Engine’s prior written consent in each instance, but may be assigned or transferred by us without restriction. Any attempted assignment by you violates these Terms and will be void.

This Site is owned and operated by Theater Engine, L.L.C.  To contact us by mail, please address your inquiries to:

Theater Engine L.L.C. – Att’n.  Terms
1662 West Hill Road

Northfield, VT 05663

 

Last Updated February, 2017.