
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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