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Terms of Service
The SAtheatre.com website (“the Site”) is owned and maintained by the San
Antonio Theater Coalition, Inc. (“SATCO”). SATCO’s mailing address is P.O. Box
830963, San Antonio, Texas 78213 and our website address is
http://www.SATheatre.com. The Site
presents ideas, information, products and services. You use the Site and its
content at your own risk and discretion. If you do not agree to this and all
other terms and conditions set forth here, please do not use this website.
Continuing to use this website means that you agree to these terms and
conditions. We reserve the right to make changes to this Site and these terms
and conditions at any time and you agree to be bound by such changes or updates.
You should periodically visit this Site to determine whether or not these terms
and conditions have changed.
Disclaimer
All material on the site, without limitation, is provided on an “as is” basis
with no warranty. SATCO disclaims all representations and warranties, express or
implied, with respect to all information, services, products and materials
accessible on http://www.SATheatre.com, including but not limited to warranties
of merchantability, fitness for a particular purpose, title, freedom from
computer virus, and non-infringement. SATCO does not represent or warrant that
the information on the site is accurate, current or complete, or that the site
will meet your requirements or be uninterrupted, timely, secure or error-free.
You understand and agree that any material downloaded from the site or obtained
through the use of the site is done at your own risk and discretion and you will
be solely responsible for any damage to your computer system or loss of data
that results. Except as provided by applicable laws, neither the San Antonio
Theater Coalition, Inc., nor its members, officers, employees, directors,
agents, contractors, affiliates, subsidiaries, successors, licensors or assigns
of each, shall be liable for any damage whatsoever arising out of or related to
the use of this site or any other website linked to this site.
Copyrights and trademarks
All material on the Site (collectively herein called “Content”) – such as text,
graphics, images, logos and software – are subject to trademark, service mark,
trade dress, copyright and or other proprietary or intellectual property rights
or licenses held by SATCO, SATCO producer members or their authorized entities.
Except as expressly authorized, the use or misuse of any trademarks, trade
names, logos, images, graphics or content from this website is strictly
prohibited.
We intend no infringement of any text or graphic copyright. If you own the
copyright to any image or document used on this website, please contact the
Webmaster with all pertinent info so that proper credit can be given. If you
wish to have it removed from the Site, it will be removed as soon as
practicable.
External sites
We list several website links as a convenience to our visitors. We take no
responsibility and give no guarantees, warranties or representations, implied or
otherwise, for the accuracy or content of these external sites. We shall not be
liable or responsible for any loss or damage incurred as the result of any
dealings with these external sites. You should contact the site administrator or
webmaster for these external sites if you have any concerns regarding such links
or the content of such external sites.
Privacy Policy
Producer Members of SATCO agree that their names, addresses and box office
contact people will be listed on the Site. Individual Members of SATCO agree
that their names; but no other identifying information will be listed on the
site. If you as a member of SATCO, do not want your information on the Site,
please notify the Webmaster, specify which of your information you want removed
from the Site, and it will be removed as soon as practicable. We will not sell
or give away your name, mailing address, telephone number, email address, or any
other personally-identifiable information to anyone.
Submissions and Licenses
Except for the information covered by the privacy policy – any information,
materials, suggestions, ideas or comments such as personal anecdotes,
photographs, show and performance information and message board postings sent to
SATheatre.com will be deemed non-confidential. By submitting or sending material
to the Site you represent and warrant that (1) the material is original to you,
(2) no other party has any rights to the material, and (3) the material is not
subject to any obligation, whether of confidentiality, attribution or otherwise,
on our part and we shall not be liable for any use or disclosure of any
material. You also warrant that any “moral rights” in posted materials have been
waived. And, by submitting such materials and information, you are granting
SATCO a worldwide, perpetual, irrevocable, royalty-free, sublicenseable right,
in any media currently known, to exercise all copyright rights with respect to
the content you provide to us. However, we will not use your name in connection
with any use unless we first obtain your permission or otherwise are required by
law to do so.
Termination
You agree that we, in our sole discretion, may terminate your password, account
(or any part thereof) or use of the Site and its content, and remove or discard
any information posted by you on the Site, for any reason including, without
limitation, if we believe that you have violated or acted inconsistently with
the letter or spirit of these Terms. You agree that we may terminate your access
to the Site, or deactivate or delete your account and all related information in
your files without prior notice and that we shall not be liable to you or any
third party for terminating your access to the site. You may discontinue your
participation in the Site at any time.
Indemnification
You agree to defend, indemnify, and hold harmless the San Antonio Theater
Coalition, Inc., its members, officers, directors, attorneys, contractors and
assigns, and it affiliates, third party service providers, and their respective
directors, officers, employees, owners, licensors, licensees, and agents from
and against all claims, damages, losses, costs and expenses, including
reasonable attorneys' fees, arising out of a breach of these Terms of Service by
you and/or your activities in connection with the Site or any services related
to the Site. We may participate in the defense of any claim at your cost. You
shall not settle any claim that affects us without our prior written approval.
Miscellaneous
These Terms and any operating rules for the Site established by us constitute
the entire and exclusive and final statement of the agreement between you and us
with respect to the use of the Site. These Terms of Service and the relationship
between you and us will be governed by the laws of the State of Texas
notwithstanding your actual place of residence. All lawsuits arising out of the
Terms or out of your use of the Site shall be brought only in a court of
competent jurisdiction in Bexar County, Texas. You agree that regardless of any
statute or law to the contrary, any claim or cause of action arising out of or
related to use of the Site must be filed within one (1) year after such claim or
cause of action arose or be forever barred. If any provision of these Terms of
Service is found to be unenforceable for any reason, then that provision shall
be deemed severable from this Agreement and shall not affect the validity and
enforceability of any remaining provisions. No waiver by either party of any
breach or default hereunder shall be deemed to be a waiver of any preceding or
subsequent breach or default. The section headings used in the Terms of Service
are for convenience only and shall not be given any legal import.
SATCO reserves the right to charge fees, surcharges and/or additional membership
fees for the use of this Site at any time upon thirty (30) days’ prior written
notice to you.
Message Board
By entering and participating in the “SATCO Chat” Message Board (“Message
Board”) you agree to the following terms and conditions of participation. These
terms and conditions are contractually binding upon you and you agree to each of
them.
1. You enter and participate in the Message Board and gain access to the
materials contained thereon at your own risk.
2. We do not monitor or screen communications on the Message Board and we are
not responsible for any material that any Message Board participant posts and we
do not assume the responsibility to do so.
3. We do not make any representations or warranties as to the truth or accuracy
of any statement made or materials posted on or through the Message Board. You
agree and acknowledge that you assume the risk of any actions you take in
reliance upon the information that may be contained in the Message Board.
4. We do not endorse or lend any credence for any statements that are made by
any participant in the Message Board.
5. You are fully responsible for your own statements and materials that you post
in the Message Board and any consequences, whether or not foreseen, to any party
who may rely upon these statements. You agree that you will not take any action
directed towards attempting to hold us responsible for any such materials or
statements.
6. Any opinions or views expressed by Message Board participants are their own.
We do not endorse or support or otherwise give any credence or reason for
reliance on any such statements or opinions.
7. In the event that we are notified by any party that any communications
contained in the Message Board or any parties’ participation in the Message
Board is contrary to these terms of Message Board access, we may, but are not
obligated to, investigate the situation and determine in our own sole
discretion, whether to remove such communication from the Message Board. We have
no liability or responsibility to investigate or remove any content from the
Message Board based upon a complaint or otherwise.
8. As a participant in the Message Board, you agree that we may remove any
materials from the Message Board for any reason, in our sole discretion, or for
no reason at all. This includes material which is disruptive, abusive,
offensive, illegal, vulgar, pornographic, or any other material which SATCO
deems inappropriate to the Message Board or to the Site for any reason or no
reason. You hold us harmless from and against any damage you or others may
suffer as a result of our removal of any content from the Message Board or from
the discontinuance of the Message Board at any time.
9. We have the right to remove, expel, or disqualify any party from
participation and access to the Message Board for any time and for any reason,
or for no reason whatsoever, in our sole and absolute discretion. This includes,
but is not limited to any violation of this agreement, disruptive behavior,
complaints from other parties, any allegedly illegal activity, or for any other
reason or for no reason at all.
10. We reserve the right to terminate the Message Board at any time and all
users hold us harmless from and against any claims, damages, suits, threats,
demands, liabilities, actions, causes of action, or injuries that may result
therefrom, including but not limited to any consequential, incidental, and
special damages of every nature and type.
11. You agree that you will not (i) use the Message Board for any illegal
purpose, (ii) place any material in the Message Board that violates the
copyrights, trademarks, trade secrets, confidential information or other rights
of any other party, (iii) place any material in the Message Board that contains
a false statement about any person, infringes upon the privacy rights of any
other person, or threatens, harasses, abuses or embarrasses any other person,
(iv) place any obscene, pornographic, sexually explicit or violent materials,
graphics, photographs, text or otherwise in the Message Board, (v) place any
advertising, attempted business solicitation, marketing materials or sales
promotional materials in the Message Board, (vi) pretend to be another person
that you are not, (vii) place materials in the Message Board that are disruptive
or off-topic.
12. By accessing the Message Board and placing any information in the Message
Board, you hereby grant us a perpetual, irrevocable, royalty free license in and
to such materials, including but not limited to the right to post, publish,
transmit, distribute, create derivative works based upon, create translations
of, modify, amend, enhance, change, display and publicly perform such materials
in any form or media, whether now known or later discovered.
13. You grant to others who access the Message Board a perpetual, non-revocable,
royalty free license to view, download, store and reproduce your postings but
such license is limited to the personal use and enjoyment of such other party
accessing the Message Board.
All listing content for Producer Members, theaters, performances and workshops,
including without limitation, their trademarks, service marks, logos and all
other intellectual property, is the property of the Producer Member which is
authorized to use and distribute said intellectual property by means of
ownership or valid use and license agreement. 2006. All rights reserved.
“www.satheatre.com”, “http://www.SATheatre.com”, “SATCO” the SATCO logos (“It’s
Alive” ticket, and masks with San Antonio Skyline) are the exclusive property of
the San Antonio Theater Coalition, Inc., a Texas Corporation, San Antonio,
Texas, USA. 1996-2006. All rights reserved.
Copyright, San Antonio Theater Coalition, Inc., a Texas Corporation, San
Antonio, Texas, USA. 1996-2006. All rights reserved.
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