THEATREBAM CHICAGO
Conditions of Use | Privacy Notice
Last Revised: February 22, 2005
 


Conditions of Use
Welcome to THEATREBAM CHICAGO! The following are the rules or "Terms" that govern your use of the THEATREBAM CHICAGO Web site. THEATREBAM CHICAGO ("we" or "us") provides this site and all site-related document(s) and services (collectively, the "Site") subject to your compliance with the Terms set forth in this agreement (the "Agreement"). By visiting or using the Site, you agree to be bound by these Terms. If you violate these Terms of Use, THEATREBAM CHICAGO may terminate your use of the Site, bar you from future use of the Site, cancel your subscription, cancel your ticket orders and/or take appropriate legal action against you.

This Agreement is made between THEATREBAM CHICAGO and you, the Site visitor ("you"). We reserve the right at any time to:Change the Terms of this Agreement; or Change the Site, including eliminating or discontinuing any downloads on, content on or feature of the Site.

Any changes we make will be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review this Agreement periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.


1. Code of Conduct. While using the Site, you agree not to: Restrict or inhibit any other visitor or subscriber from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; Use the Site for any unlawful purpose; Use the Site for any commercial purpose such as to conduct a sale of tickets, merchandise or services of any kind; Transmit any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party's intellectual property or other rights;Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component;Modify, alter, translate, copy, reproduce, create derivative works of, publicly display, publicly perform, digitally perform, publish, sell, license or disassemble any portion of the Site including, but not limited to, content on the Site; Remove any copyright, trademark, or other proprietary rights notices contained in the Site; "Frame" or "mirror" any part of the Site without our prior written authorization;Link to any page of or material on the Site other than the URL located at http://www.aboutfacetheatre.com/; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or Harvest or collect information about Site visitors without their express consent.
The document(s) and information made available on this Site may be used solely for personal information, internal, non-commercial purposes. While using the Site, you agree to comply with all applicable laws, rules and regulations.


2. Offline Conduct. Although THEATREBAM CHICAGO cannot monitor the conduct of its subscribers or visitors to the Site, it is also a violation of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any THEATREBAM CHICAGO subscriber or visitor to the Site without their prior express consent.


3. Idea Submission Policy. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, "Materials"), you grant us and our designees a worldwide, non-exclusive, sublicenseable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials shall be 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 Materials.


4. Feedback. Any feedback you provide concerning the Site at this site shall be deemed to be non-confidential. THEATREBAM CHICAGO is free to use such information on an unrestricted basis.


5. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by THEATREBAM CHICAGO infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow THEATREBAM CHICAGO to locate the material on the Site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send THEATREBAM CHICAGO a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to
yonina@ameritech.net  (773-465-8668). All inquiries not relevant to the preceding procedure will not receive a response. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.


6. Ownership and Restrictions on Use. 2005 THEATREBAM CHICAGO All Rights Reserved. The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. You may not copy, reproduce, republish, upload, post, transmit or distribute materials from the Site in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.

"THEATREBAM CHICAGO" and our logo are trademarks of THEATREBAM CHICAGO. All other trademarks, service marks, and logos used on the Site are the trademarks, service marks, or logos of their respective owners.


7. Jurisdictional Issues. The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.


8. Termination. This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site shall immediately cease, and you shall destroy all materials obtained from the Site and all copies thereof, whether made under the Terms of this Agreement or otherwise.


9. Disclaimers. THE SITE, THE MATERIALS ON THE SITE AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THEATREBAM CHICAGO AND ITS AFFILIATES, SUPPLIERS, ADVERTISERS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. THEATREBAM CHICAGO IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. THEATREBAM CHICAGO AND ITS AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT OF THEATREBAM CHICAGO OR ITS AFFILIATES, SUPPLIERS, AGENTS, MEMBERS, OR VISITORS, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

A possibility exists that the Site could include inaccuracies or errors, or materials that violate these Terms of Use. Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at
yonina@ameritech.net  with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement" above.


10. Limitation of Liability. NEITHER THEATREBAM CHICAGO NOR ITS SUPPLIERS, ADVERTISERS, AFFILIATES, OR AGENTS OR SPONSORS SHALL BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THEATREBAM CHICAGO'S MAXIMUM LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING UNDER OR RELATED TO THESE TERMS OF SERVICE, THE SITE AND/OR THE CONTENT CONTAINED ON THE SITE (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) SHALL NOT EXCEED TWENTY-FIVE DOLLARS.


11. Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site.


12. Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Illinois, United States of America, without regards to its principles of conflicts of law. You agree to personal jurisdiction by the federal and state courts located in the County of Cook, located in Chicago, Illinois, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us. 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. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.

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Privacy Notice
THEATREBAM CHICAGO is committed to ensuring and protecting the privacy of our subscribers and visitors to the THEATREBAM CHICAGO Web site (the "Site"). THEATREBAM CHICAGO does not collect personally identifiable information about individuals except when such individuals specifically provide such information on a voluntary basis. Please read on for more details about our Privacy Policy, which applies to your use of the Site. If you do not accept the terms of our Privacy Policy, you should not use the Site.

Children's Information: THE SITE IS NOT DIRECTED TOWARD CHILDREN UNDER 13 YEARS OF AGE. WE DO NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM CHILDREN UNDER 13 YEARS OF AGE. IF YOU ARE UNDER 13 YEARS OF AGE, YOU SHOULD NOT PROVIDE ANY PERSONALLY IDENTIFIABLE INFORMATION THROUGH THE SITE.

Our Site's subscription and order form requires you to give contact information (such as your name and address) and financial information (such as your credit card number). We will not share contact or financial information with third parties without your prior written consent. When you purchase subscriptions using the subscription order form available on the Site, your consent is given to provide your financial or contact information to those third parties necessary to process your transactions with us, such as credit card companies. If you contact us by regular mail, email or otherwise, we may keep a record of your correspondence.

Web servers serving the Site may automatically collect information about which pages you visit, as well as your IP addressor domain name. THEATREBAM CHICAGO may use any such information collected to tailor the content on the Site or to assess the amount of traffic to the Site.

We use contact information to contact our customers with information related to THEATREBAM CHICAGO and to describe the THEATREBAM CHICAGO customer base in general terms to potential donors, supporters and the press. Customers of THEATREBAM CHICAGO can choose to change contact information or remove the customer's mailing address from our mailing list by sending an email to
yonina@ameritech.net .

Notwithstanding the foregoing, THEATREBAM CHICAGO may also release contact or financial information when we believe, in good faith, that such release is reasonably necessary to comply with law or protect the rights, property or safety of THEATREBAM CHICAGO, our employees, our customers, or others.

Our Site may contain links to other sites on the World Wide Web. Unless otherwise explicitly stated, THEATREBAM CHICAGO is not responsible for the privacy practices or the content of such Web sites, including such sites' use of any information collected when you click through links to those sites. To the extent you disclose information about you on other Web sites, even those to which you have linked through our Site, different rules may apply to their use or disclosure of that information to third-parties. We therefore strongly encourage you to familiarize yourself with the privacy practices and customs of any Web site controlled by a third party before disclosing your personal information on that Web site.

THEATREBAM CHICAGO reserves the right to modify the Privacy Policy. If we decide to change this Privacy Policy, we will post such changes on this page so that you are always aware of what information we collect, how we use it, and under what circumstances we disclose it. It is your responsibility as an THEATREBAM CHICAGO subscriber or user of the Site to return periodically to this page to review the Privacy Policy for modifications. The amended Privacy Policy will take effect automatically after posting. Your continued use of the Site following any amendment will constitute your agreement to such amendment.


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terms of use | privacy policy | theatrebam@mac.com