TERMS OF USE

Theatrical Outfit

Terms of Use

 

This Terms of Use (this “Terms of Use”) is agreed to between The Theatrical Outfit, Inc. (“Theatrical Outfit”) and you, or if you represent an entity or other organization, that entity or organization (in either case, “You”).  Theatrical Outfit maintains this website available at: http://www.theatricaloutfit.org/ (the “Site”).  Theatrical Outfit offers users of the Site (“Users”) the ability to access information, data, images, text, graphics, photographs, sound, video, materials, and other content (“Content”), as well as ticket and subscription ordering, event registration, donation processing, and other functionality and services (“Services”) described on the Site.  This Terms of Use applies to the Site and the Content and Services available through the Site, regardless of the website through which You access or use the Site, Content, or Services.

PLEASE CAREFULLY READ THIS Terms of Use.  BY ACCESSING OR USING THE SITE, CONTENT, OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO This Terms of USE, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY this Terms of USE.  IF YOU DO NOT AGREE TO This Terms of USE, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS Terms of USe, THEATRICAL OUTFIT IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SITE, CONTENT, OR SERVICES AND YOU MUST NOT ACCESS OR USE THE SITE, CONTENT, OR SERVICES.  IF YOU ACCESS OR USE THE SITE, CONTENT, OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS Terms of Use AND AGREE TO BE BOUND BY This Terms of USE.

This Terms of Use includes the terms and conditions below and the Privacy Policy available at http://www.theatricaloutfit.org/privacypolicy relating to the Site.  You are responsible for compliance with this Terms of Use (including this Privacy Policy).

Unless You later enter into any other agreements with Theatrical Outfit regarding the Site, Content, or Services, this Terms of Use is the complete and exclusive agreement between You and Theatrical Outfit regarding Your access to and use of the Site, Content, and Services.  This Terms of Use supersedes any prior agreement or proposal, oral or written, and any other communications between You and Theatrical Outfit relating to Your use of the Site, Content, or Services as a User of the Site.

  1. Modifications. Theatrical Outfit reserves the right, at any time, to modify the Site, Content, or Services, with or without notice to You, by making those modifications available on the Site.  Theatrical Outfit also reserves the right, at any time, to modify this Terms of Use.  Theatrical Outfit will inform You of the presence of any changes to this Terms of Use by posting those changes on the Site or by providing You with notice through the Site.  Any modifications will be effective immediately upon posting on the Site or delivery of such notice through the Site.  You will be deemed to have agreed to any and all modifications through Your continued use of the Site, Content, or Services after such modification or notice.

 

  1. The Site, Content, and Services are intended for use by individuals 13 years of age and older.  If You are a parent or guardian of a child under 13, then You may allow Your child to access the Site, Content, or Services only under Your direct supervision.  You will not allow Your child to access the Site, Content, or Services other than under Your direct supervision and You will be solely responsible for all access to and use of the Site, Content, or Services by Your child.  If You are 13 or older but younger than 18, then You may access and use the Site, Content, and Services only if Your parent or guardian accepts this Terms of Use on Your behalf.  If You are a parent or guardian agreeing to this Terms of Use for the benefit of a child age 13 or older but under 18, then You agree You will be solely responsible for all access to and use of the Site, Content, or Services.

 

  1. Access.

 

  • To the Site. Subject to Your compliance with this Terms of Use, Theatrical Outfit will permit You to access and use the Site, Content, and Services solely for lawful purposes and only in accordance with this Terms of Use and any other agreement You agree to with Theatrical Outfit before being given access to any specific aspects of the Site.  Any additional agreement is in addition to this Terms of Use and will govern Your use of the portions of the Site to which the additional agreement applies in the event of a conflict between the terms of this Terms of Use and the additional agreement.

 

  • To Content. Unless otherwise noted on the Site, all Content available through the Site is owned by Theatrical Outfit, or Theatrical Outfit’s third party providers.  All Content is provided for informational purposes only and You are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for Your use of any Content.  Theatrical Outfit assumes no liability or responsibility for any errors or omissions in the Content.  Subject to Your compliance with this Terms of Use, You may access the Content solely for Your own personal and noncommercial purposes in connection with Your own use of the Site and Services.  You may not, however, distribute, modify, transmit, reuse, re-post, or use the Content for public or commercial purposes without Theatrical Outfit’s written permission.  Unauthorized use of any Content contained on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity, or other applicable laws or regulations.  The trademarks, logos, and service marks (collectively, the “Marks”) displayed on the Site are the property of Theatrical Outfit and Theatrical Outfit’s third party providers.  Nothing on the Site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark without Theatrical Outfit’s written permission.  Your misuse of the Marks displayed on the Site, or any other Content on the Site, except as provided in this Terms of Use, is strictly prohibited.

 

  • To Third-Party Services. The Site may provide You with the choice to access certain Services developed, provided, or maintained by other third-party service providers (“Third Party Services”).  In addition to the terms of this Terms of Use, Your access to and use of any Third Party Services is also subject to any other agreement You may agree to before being given access to the Third Party Services (each, a “Third Party Service Agreement”).  The terms of any Third Party Service Agreement (which may include payment of fees) will apply to the applicable Third Party Services provided under that Third Party Service Agreement in addition to the terms of this Terms of Use, but will not apply to any other Services You may access through Theatrical Outfit.  Except as set forth in this Terms of Use, the terms of any Third Party Service Agreement will control in the event of a conflict between the terms of this Terms of Use and that Third Party Service Agreement.  Among the various Third Party Services that Theatrical Outfit utilizes, Theatrical Outfit works with Vendini to provide donation processing services to Users.  By accessing or using the donation processing services available on the Site, You expressly grant Vendini the right, power, and authority to access and transmit Your information as reasonably necessary to provide the donation processing services to You.

 

  • Social Media Features.  The Site may provide certain social media features that enable You to link certain Content available on the Site to third-party social media sites or cause limited portions of Content available on the Site to appear on third-party social media sites.  You may use these social media features only as they are provided by Theatrical Outfit, solely with respect to the Content as it is displayed on the Site, and otherwise in accordance with any additional terms and conditions provided by Theatrical Outfit with respect to such social media feature.  Theatrical Outfit may disable all or any social media features and any links at any time without notice in Theatrical Outfit’s sole discretion.

 

  1. Tickets and Subscriptions. Tickets and subscriptions are available for shows under a variety of pricing levels as described on the Site.  You may order tickets and subscriptions by following the directions on the Site.  Unless otherwise provided on the Site, all payments are non-refundable.  You may be required to provide Theatrical Outfit Your payment card information (credit card or debit card) or other payment instrument.  You represent and warrant to Theatrical Outfit that such payment card information is true and that You are authorized to use the payment instrument.  You hereby authorize Theatrical Outfit to charge the payment card that You provided in ordering Your tickets or subscription.

 

  1. Restrictions. You shall not, and shall not permit any third party to, use the Site, Content, or Services in any manner that: (1) violates this Terms of Use, including, without limitation, the Privacy Policy or any applicable laws, rules, or regulations (“Laws”); (2) constitutes an infringement, misappropriation, or violation of all intellectual property rights, proprietary rights, rights of publicity, rights of privacy, and any and all other legal rights protecting data, information, or intangible property throughout the world, including, without limitation, any and all copyrights, trademarks, service marks, trade secrets, patent rights, privacy rights, moral rights, sui generis rights in databases, and contract rights (“IPR”) or other rights of any third party; (3) is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, sexually explicit, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual, promotes illegal activities or contributes to the creation of illegal materials, or is otherwise objectionable or illegal in any way; (4) is harmful to minors in any way; (5) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (6) alter, modify, reproduce, create derivative works of the Content; or (7) accesses the Site by means of any automated software or script, or otherwise uses the Site, to strip, scrape, deep link, or mine Content from the Site.  You are prohibited from: (i) framing or linking to any portion of the Site, Content, or Services other than those materials expressly made available for that purpose; (ii) posting banners, advertising, or links on the Site; or (iii) using any Content or Marks for purposes beyond personal use, without the express written permission of Theatrical Outfit.  Theatrical Outfit reserves the right (but has no obligation) to review Your use of the Site, Content, and Services, and investigate, or take appropriate action against You in its sole discretion if You violate this Terms of Use or otherwise create liability for Theatrical Outfit or any other person.

 

  1. Suspension. Theatrical Outfit may also suspend Your access to the Site, or any Content or Services, with or without notice to You, upon any actual, threatened, or suspected breach of this Terms of Use, applicable Law, or upon any other conduct deemed by Theatrical Outfit, in its sole discretion, to be inappropriate or detrimental to the Site, Content, Services, Theatrical Outfit, or any other User or third party.

 

  1. Ownership. Theatrical Outfit, and its third party providers, retain all right, title, and interest in and to the Site, Content, and Services, and any additions, improvements, updates and modifications thereto including, without limitation, all IPR.  You receive no ownership interest in or to the Site, Content, and Services and You are not granted any right or license to use the Site, Content, and/or Services, apart from Your ability to access the Site, Content, and/or Services under this Terms of Use.

 

  1. Disclaimer of Warranties.
    • Accuracy of Content. Theatrical Outfit uses reasonable efforts to ensure the accuracy and correctness of Content available through the Site and the operation of the Services and certain offerings; however, the Site and Services may occasionally contain Content, information, or specifications that are inaccurate, incomplete, or out of date.  Theatrical Outfit makes no representations or warranties regarding Site, Content, or Services accuracy, validity, correctness, timeliness, reliability, or that usage will be error-free.  Information about Services may not be updated on a daily basis and may not be the most current information available.  Although Theatrical Outfit may post updated information, Theatrical Outfit may continue to allow access to the original Content, or we may not go back and change the original Content to reflect new developments.  You should independently confirm any information appearing through the Site.  We are not responsible for any claim, liability, or damage resulting from your use, reaction, or reliance on any Content or Services.
    • No Warranties; Disclaimer. THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”  THEATRICAL OUTFIT AND ITS third party PROVIDERS DO NOT WARRANT OR GUARANTEE THE COMPLETENESS, ADEQUACY, OR CURRENCY OF THE SITE, CONTENT, OR THE PRODUCTS OR SERVICES ADVERTISED ON THE SITE AND DO NOT ENDORSE THE PRODUCTS, SERVICES, VIEWS OR OPINIONS THAT MAY BE EXPRESSED IN THE CONTENT OR OTHER DATA, INFORMATION OR THIRD PARTY CONTENT THAT MAY BE PROVIDED THROUGH THE SITE.  THEATRICAL OUTFIT AND ITS Third party PROVIDERS EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND WITH REGARD TO THE SITE, CONTENT, SERVICES AND OTHER SUBJECT MATTER OF THIS TERMS OF Use, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, OR NON-INFRINGEMENT.  NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY THEATRICAL OUTFIT, ITS EMPLOYEES, OR third party PROVIDERS WILL INCREASE THE SCOPE OF, OR CREATE ANY NEW WARRANTIES IN ADDITION TO, THE WARRANTIES EXPRESSLY SET FORTH IN THIS SECTION.

THEATRICAL OUTFIT AND ITS THIRD PARTY PROVIDERS MAKE NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS; (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY CONTENT OR SERVICES OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS; OR (e) ANY ERRORS IN THE SITE WILL BE CORRECTED.  ANY CONTENT OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

  1. INDEMNITY. You hereby agree to indemnify, defend, and hold harmless Theatrical Outfit and its officers, directors, shareholders, affiliates, employees, agents, third party providers, contractors, assigns, users, customers, providers, licensees, and successors in interest (“Indemnified Parties”) from any and all claims, losses, liabilities, damages, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) that result from any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from: (1) Your access to or use of the Site, or any Content or Services; (2) Your collection and disclosure of any Content or Services, (3) Your violation of applicable Laws; and (4) Your breach of any representation, warranty, or other provision of this Terms of Use.  Theatrical Outfit will use reasonable efforts to provide You with notice of any such claim or allegation, and Theatrical Outfit will have the right to participate in the defense of any such claim at its expense.
  2. LIMITATION ON LIABILITY. THEATRICAL OUTFIT AND ITS THIRD PARTY PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), ARISING IN CONNECTION WITH OR OUT OF THE ACCESS TO OR USE OF THE SITE, CONTENT, OR SERVICES, EVEN IF THEATRICAL OUTFIT OR ITS THIRD PARTY PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS OR REPUTATION, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE CONTENT, GOODS, OR SERVICES.  THEATRICAL OUTFIT’S TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THIS TERMS OF USE AND ALL CONTENT AND SERVICES PROVIDED UNDER THIS TERMS OF USE OR THROUGH THE SITE, WHETHER IN CONTRACT OR TORT OR OTHERWISE, WILL NOT EXCEED TWENTY AND NO DOLLARS ($20.00).  YOU AGREE THAT THEATRICAL OUTFIT WOULD NOT ENTER INTO THIS TERMS OF USE WITHOUT THESE LIMITATIONS ON ITS LIABILITY.  IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, THEATRICAL OUTFIT’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  3. Aggregate Data. You expressly consent to the use and disclosure of Your personally identifiable information and other data and information as described in the Privacy Policy.  Notwithstanding anything in the Privacy Policy, Theatrical Outfit will have the right to collect, extract, compile, synthesize, and analyze non-personally identifiable data or information (data or information that does not identify an entity or natural person as the source thereof) resulting from Your access to and use of the Site, Content, or Services.  To the extent any such non-personally identifiable data or information is collected or generated by Theatrical Outfit, the data and information will be solely owned by Theatrical Outfit and may be used by Theatrical Outfit for any lawful business purpose without a duty of accounting to You, provided that the data and information is used only in an aggregated form, without directly identifying You or any other entity or natural person as the source thereof.

 

  1. Feedback and submissions. If You provide Theatrical Outfit any feedback or suggestions regarding the Site, Content, or Services (“Feedback”), You hereby assign to Theatrical Outfit all rights in the Feedback and agree that Theatrical Outfit shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to You.  Theatrical Outfit does not accept creative materials, story ideas, character ideas, plot suggestions, set or costume designs, scripts, or other submissions (“Submissions”) for its shows, products, or services.  You agree not to make any such Submissions to Theatrical Outfit through this Site or otherwise.  Notwithstanding the foregoing, if you breach this Terms of Use, and send us a Submission, you agree not to assert any ownership right of any kind in the Submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited Submission including, but not limited to, credit or attribution.  Theatrical Outfit will treat any Feedback or Submissions You provide to Theatrical Outfit as non-confidential and non-proprietary.  You agree that You will not submit to Theatrical Outfit any ideas that You consider to be confidential or proprietary.

 

  1. Claims of Infringement. Theatrical Outfit respects Your copyrights and other intellectual property rights and those of other third parties.  If You believe in good faith that Your copyrighted work has been reproduced on the Site without Your authorization in a way that constitutes copyright infringement, You may notify our designated copyright agent (“Copyright Agent”) by mail to:

The Theatrical Outfit, Inc.
Attention: Theatrical Outfit Copyright Agent
The Balzer Theater at Herren’s
84 Luckie Street NW
Atlanta, GA 30303
Phone: 678-528-1500

 

Please provide the following information to Theatrical Outfit’s Copyright Agent: (1) the identity of the allegedly infringing work; (2) Your name, address, daytime phone number, and email address, if available; (3) a statement that You have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that You are authorized to act on behalf of the owner; and (5) Your electronic or physical signature.  Theatrical Outfit will take whatever action, in its sole discretion, it deems appropriate, including the removing the allegedly infringing work from the Site.

  1. GOVERNING LAW AND VENUE. The interpretation of the rights and obligations of the parties under this Terms of Use, including, to the extent applicable, any negotiations, arbitrations or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Georgia, U.S.A., as such laws apply to contracts between residents of Georgia without regard to conflicts of law provisions thereof.  Each party will bring any action or proceeding arising from or relating to this Terms of Use exclusively in a federal or state court in the State of Georgia, U.S.A., and You irrevocably submit to the personal jurisdiction and venue of any such courts in any such action or proceeding brought in such courts by Theatrical Outfit.  Users who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws, in addition to the laws of the State of Georgia, U.S.A.
  2. NOTICES. Unless otherwise specified in this Terms of Use, any notices required or allowed under this Terms of Use will be provided to Theatrical Outfit by postal mail to the address for Theatrical Outfit listed on the Site.  Theatrical Outfit may provide You with any notices required or allowed under this Terms of Use by sending You an email to any email address You provide to Theatrical Outfit, provided that in the case of any notice applicable both to You and other Users of the Site, Theatrical Outfit may instead provide such notice by posting on the Site.  Notices provided to Theatrical Outfit will be deemed given when actually received by Theatrical Outfit.  Notice provided to You will be deemed given twenty-four (24) hours after posting to the Site or sending via e-mail, unless (as to e-mail) the sending party is notified that the e-mail address is invalid.
  3. LINKED SITES. The Site, Content, or Services may contain links to third-party sites or content, which are not under the control of Theatrical Outfit. If You access a third-party site or content from the Site or Services, then You do so at Your own risk and Theatrical Outfit is not responsible for any content on any linked site.  You may not use on Your site any Content or marks appearing on the Site to establish a link, unless You have received the written consent of Theatrical Outfit.  You may not frame or otherwise incorporate into another site the Content or other materials on the Site without prior written consent of Theatrical Outfit.
  4. ADDITIONAL TERMS. Except as expressly set forth in this Terms of Use, this Terms of Use may be amended or modified only by a writing signed by both parties.  All waivers by Theatrical Outfit under this Terms of Use must be in writing or later acknowledged by Theatrical Outfit in writing.  Any waiver or failure by Theatrical Outfit to enforce any provision of this Terms of Use on one occasion will not be deemed a waiver by Theatrical Outfit of any other provision or of such provision on any other occasion.  If any provision of this Terms of Use is held to be unenforceable, that provision will be removed to the extent necessary to comply with the law, replaced by a provision that most closely approximates the original intent and economic effect of the original to the extent consistent with the law, and the remaining provisions will remain in full force.  The prevailing party in any lawsuit or proceeding arising from or related to this Terms of Use will be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal.  You agree that each of Theatrical Outfit’s third party providers shall be considered a third party beneficiary of the above provisions, with all rights to enforce such provisions as if a third party provider were a party to this Terms of Use.  Neither this Terms of Use nor any rights or obligations of You hereunder may be assigned or transferred by You without the prior written approval of Theatrical Outfit.  Any assignment in violation of the foregoing will be null and void.  Theatrical Outfit may assign this Terms of Use to any party that assumes Theatrical Outfit’s obligations hereunder.  The parties hereto are independent parties, not agents, employees or employers of the other or joint venturers, and neither acquires hereunder any right or ability to bind or enter into any obligation on behalf of the other.  Any reference herein to “including” will mean “including, without limitation.”

 

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