TERMS AND CONDITIONS

  1. Who We Are.

    Theatre Profile is an online website (“the Site”) which provides Theatre Profile users and contributors (“the Users”) a forum to contribute Content of any live productions, shows, dance or any other live on stage productions that they have viewed, participated in or know about. General questions, comments, or complaints about Theatre Profile website may be directed to [email protected] If You discover a posting or information that violates these terms, please report any abuse to Us at [email protected].

  2. Contribution of Content & Interactive Areas

    Contribution of Content to the Theatre Profile website and any other interactive areas shall be used only for non-commercial purposes . By using the website or interactive areas, you agree not to do any of the following:

    i. Upload to, distribute or otherwise publish through this Site any message, data, information, text or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;

    ii. Upload or transmit any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law;

    iii. Upload or transmit any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content;

    iv. Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; and

    v. Without Theatre Profile’s written permission, distribute or publish unsolicited promotions, advertising or solicitations for funds, goods or services, including junk mail and spam.

    vi. Insertbots, spiders or other code for the purpose of collecting and/or extracting data from the Site, Database, Users and Content managed or owned by Theatre Profile.

  3. Theatre Profile shall have the right, but not the obligation, to monitor any activity and Content associated with the Site and other interactive areas.

  4. Your Consent. Please read these Terms carefully. Your use of the Site constitutes your acceptance of these Terms and Conditions without limitation, qualification or change. Your continued use of the Site is your consent to be bound by these Terms and Conditions and your promise to abide by the practices we describe herein, in our printed materials, and in other places on of the Site. If you do not agree with these Terms and Conditions of the Site, or in our printed materials, do not use the Site.

  5. Enforcement.

    i. Theatre Profile may investigate any reported violation of its policies or complaints and take any appropriate action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, and/or removal of posted Content. Theatre Profile reserves the right and has absolute discretion, to remove, screen or edit any Content or user that violates these provisions or is otherwise objectionable. Theatre Profile also reserves the right to report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.

    ii. In order to cooperate with governmental requests, to protect Theatre Profile’s systems and customers, or to ensure the integrity and operation of Theatre Profile business and systems, Theatre Profile may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, e-mail address, etc.), IP addressing and traffic information, usage history, and posted Content.

  6. Limited License. We grant to You a non-exclusive, limited, revocable right and license ("License") to visit and use the Site, provided You agree to comply with these Terms and Conditions and the other policies and conditions governing Your use of the Site. Nothing in this License, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Sites or its content. In addition, We may terminate Your right to access or otherwise use the Site at any time, without giving You notice.

  7. Software. Any software, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available through Theatre Profile’s Site is licensed to You by Theatre Profile. Theatre Profile shall retain full and complete title and all intellectual property rights to Software. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

  8. Restrictions on the Use of Our Content. We provide information on the Site for Your personal and non-commercial use only. You may not copy, modify, distribute, display, perform, create derivative works from or transfer any of the content on the Site (except for your own personal, non-commercial use). The Site is to be used solely for lawful purposes. It is incumbent upon You to assure that Your use of the Site complies with all applicable local, state and federal laws of the US. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, You may not interfere with the use of the Site by others. You may not download any of the content found on the Site and use it for any public display, performance, sale or rental; or transfer, remove, modify or alter any trademark, copyright or other proprietary content from this web site, or copy any content for a purpose prohibited by these Terms and Conditions.  If You wish to use any of the content on the Site for public display, performance, sale or rental or transfer or anything else, written permission from Theatre Profile must be sought.

    You agree that You will not use any automatic device, software or routine including, without limitation, any robots, spiders, web bots, web wanders, crawlers, worms or web ants or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of this web site. In addition, You agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect the Site or to enforce our policies,. If You violate these Terms and Conditions (or if We in our sole discretion believe You have violated any of these Terms and Conditions), We may terminate Your use of the Site, bar any future use of the Site by You (and by any IP addresses we believe to be associated with Your use of the Site), or take appropriate legal action against You including, without limitation, seeking civil, criminal and injunctive redress.

  9. Submissions. You agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by You in the form of e-mail or submissions whether through a web interface or not to Theatre Profile are non-confidential and shall become the sole property of Theatre Profile. Theatre Profile shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to You. The submission of any materials to Theatre Profile, including the posting of materials to any forum or interactive area, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity.

  10. Linking

    i. At times, We or third parties may provide You with hypertext links to other web sites. Unless otherwise stated, We do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products or services provided by such web sites. You acknowledge and agree that Theatre Profile shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with Your use of or reliance on such other web site(s), or the contents, information, products or services provided on any such web site(s).

    ii. You may not link Your website(s) to any of Theatre Profile’s web pages without Our permission. In addition, You may not frame on another web site any information located on the Site without Our  consent. You may request such consents by sending an e-mail request to [email protected] You agree that if We grant permission to You to link to the Site Content, You may not link any web page that (i) violates any applicable law or regulation, (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions.

  11. Disclaimer. Your use of the Site is at Your own risk. We make no representations or warranties that there will be no errors transmitting information to and from the Site. We do not promise that information You receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. Please see Our Privacy Policy for information regarding the measures We take to protect information You provide to Us. OUR SITES, THEIR CONTENTS AND OUR SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

  12. Limitation of Liability. Theatre Profile will not under any circumstances be liable to You for any consequential, incidental or special damages (including but not limited to lost profits) arising out of Your use of the Site, even if apprised of the likelihood of such damages occurring, and regardless of the legal theory upon which any alleged damages are premised. Notwithstanding the foregoing, Theatre Profile’s liability is limited to the actual cost of any product or service purchased by You though the Site.

  13. Indemnity. We may make claims against You for Your use of the Site that violates applicable laws, rules or regulations and/or Our policies posted on the Site.  You agree to hold us harmless and indemnify Us against any claims, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of or in connection with Your use of the Site, Your use of the Site which violates any law, rule or regulation, Your use of the Site which violates any third party right.

  14. Alternative Dispute Resolution.

    i. The Parties agree that any and all disputes, claims or controversies arising out of or related to this Terms and Conditions or Your use of the Site shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA"). Your use of the Site is Your consent to the sole and exclusive personal jurisdiction of the AAA sitting in New York County, New York.

    ii. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator's authority to resolve disputes and to make awards is limited to disputes between the Parties alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to this the arbitration. You specifically waive any right to be a member of a class action lawsuit for any claim You allege arising from the use of the Site.

  15. Applicable Law.  This agreement shall be governed by and construed in accordance with the laws of the state of Texas, applicable to agreements made and entirely to be performed within the state of Texas, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in XXX located in XXX, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these terms and conditions.

  16. Modification & Amendments.  Theatre Profile reserves the right to amend at any time any policies governing the Site, including this agreement, by posting the amended terms and providing notice of such amendments. The amended terms shall be effective immediately upon posting. If you do not accept the amended terms, You should cease using the Site. Your continued use of the Site will constitute acceptance of the modifications or amendments by You.

  17. Severability.  If any provision of these terms and conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

  18. Contacting Us Regarding the Site. If You have any questions concerning this Terms and Conditions, You may send them by email to [email protected]. Please note that email communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your email correspondence with us. You must send any official correspondence via US postal mail to:

    Theatre Profile
    4724 Winthrop Ave W
    Fort Worth, Tx 76116-8236
    USA

  19. Your California Privacy Rights. If You are a California resident, You have the right to request information about how we share certain categories of personal information with third parties. California law gives You the right to send us a request at a designated address to receive the following information:

    i. the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year

    ii. the names and addresses of the third parties that received that information; and

    iii. if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.

Any question You may have regarding these Terms and Conditions should be made in writing and sent to [email protected].