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TERMS OF USE
Your access to and continued use of this Web Site
constitutes your acceptance, without limitation, of
these simple English policies and disclaimers.
As referenced below, "We", "Us" or
"Our" includes
Toby Simkin, Theatre
Production Group, and
CBI, collectively.
Questions or notices concerning
these Terms of Use should be addressed to us through our
contact form.
We value your privacy. We intend to give you as much
control as possible over your personal information. In
general, you can view this web site without telling Us
who you are or revealing any information about yourself.
There are times, however, when We may need information
from you, such as your name, location and email address.
We use the information you provide about yourself or
someone else when submitting a message, joining a club,
or other submission.
Although Our site compiles standard log files to measure
the site's traffic, it does not specifically identify
any email address.
We never use or share the personally identifiable
information provided to Us online in ways unrelated to
the ones described above without also providing you an
opportunity to opt-out or otherwise prohibit such
unrelated uses.
This Privacy Policy applies differently to individuals
under certain ages. We ask that parents and guardians
take some time to review this policy as it may apply to
their children, as set forth under the heading
"Maintaining the Privacy of Children." By using this web
site, you are agreeing to the policies set forth below
and the current terms & Conditions ("Terms &
Conditions"), set forth on this page.
We reserve the right to modify, amend or restate this
Privacy Policy from time to time with or without prior
notice. Your use of this web site after the posting of
modifications to this Privacy Policy will constitute
your acceptance of the Privacy Policy as modified.
What Information Do We Collect?
We collect information in several ways during your
visits to Our web site. Some personal information is
collected when you sign up to receive a newsletter, join
a club, send a message or enter a contest. Or you may
provide personal information when signing up for any
promotions offered on Our web site from time to time.
When you contact us, We may also keep a record of that
correspondence. Also, when you make a purchase on Our
site, We may also keep a record of that transaction.
We will endeavor to provide a link to Our current
Privacy Policy on pages where personal information may
be requested.
Individuals are free to use this web site without
participating in any electronic submission that requests
your personal information, and thereby avoid providing
personally identifiable information.
What Are Cookies and How Do We Use Them?
A "cookie" is information that is transferred from a web
site's server to your computer's browser and stored on
your computer's hard drive. This information is then
available to the web site's server when you return to
that site using the same browser. This information can
be used to identify the user of the browser visiting the
site and record, for example, preferences and usage in
general.
Most web sites use cookies to customize the online
experience based on an individual's interests and
preferences and in order to streamline transactions by
recording frequently entered information. We use cookies
to assess which parts of Our web site are popular and
which are not. Our updates to the web site will depend
in part on data compiled from Our use of cookies, such
as total numbers of visitors, pages viewed and other
traffic patterns.
We may in the future use cookies to assist returning
visitors and customers in other ways. At such time, We
will update Our Privacy Policy accordingly. We do not
use cookies to retrieve information from your computer
that was not originally sent in a cookie. You may also
receive cookies sent by Our advertisers, which is a
standard practice for online advertisers. In most cases,
if you choose, you can set your browser to refuse
cookies or alert you to their transfer to your browser.
How is My Information Used?
We currently use personal information only for the
purposes of providing electronic exchanges of
information, specifically requested by the user. In
certain cases, you may provide Us with your name,
location and email address to submit a message or join a
club. We use and transmit this information only to the
extent necessary to complete such submission and ensuing
action or response.
We currently do not provide your personal information to
third parties. We do however reserve the right to
provide email addresses of Our users to Our advertisers,
sponsors or business partners, in order to provide Our
users with information and promotions We believe may be
of interest to them. We offer the opportunity to each of
its registered users to be excluded from such
distributions by following the clear and concise
instructions for removal or unsubscribe at the bottom of
any and all bulk communications such as newsletters and
special offers.
Maintaining the Privacy of Children
We encourage parents and guardians to review in advance
the appropriateness of the different areas of Our web
site for their children. As described above, We may
collect information from individuals visiting its web
site who may, among other ways, register for a service,
submit a message or enter a sweepstakes or contest. We
will not knowingly collect any personally identifiable
information from children under certain ages, typically
under the age of 13 years old.
To this end, where appropriate, we have created systems
that request a voluntary honesty confirmation that the
user is over a certain age, prior to the information
being submitted to us. Therefore, these visitors may
not be eligible to participate in certain services
offered on the web site. We intend not to participate in
the transfer of any personal information of persons
under a certain age for any purpose. However, since this
is a voluntary system, based on honesty, these systems
are not foolproof.
How do We Protect Your Personal Information
To prevent unauthorized access, maintain data accuracy,
and ensure the correct use of information, We have put
in place appropriate physical, electronic, and
managerial procedures to safeguard the information We
collect online. Personal information is stored in a
secure SQL server database, behind a firewall, and not
accessible to the web.
The following describes the terms and conditions (the
"Terms and Conditions") on which We offer you the
information (including the Intellectual Property [as
defined below]), services and products on Our web site
and related web pages (collectively, the "Services").
We reserves the right to modify, amend or restate the
Terms and Conditions from time to time with or without
prior notice.
Your use of this web site and any Services after the
posting of modifications to these Terms and Conditions
will constitute your acceptance of the Terms and
Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound
by the Terms and Conditions. You further agree to comply
with U.S. or other applicable law regarding the
transmission of any information obtained from the
Services in accordance with the Terms and Conditions,
not to use the Services for illegal purposes, and not to
interfere or disrupt the networks connected to the
Services.
Restrictions on Use
You may not use the Services for any illegal purposes or
in any manner inconsistent with the Terms and
Conditions. You agree to use the Services solely for
your own noncommercial use and benefit, and not for
resale or other transfer or disposition to, or use by or
for the benefit of, any other person or entity.
You agree to promptly notify Us upon becoming aware of
any unauthorized access or use of the Services by any
party or any claim that the Services infringes upon any
copyright, trademark or other contractual, statutory or
common law rights.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE,
DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH,
DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE
WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF
THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM
THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN
PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN
ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE
QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY
THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF OUR
TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER
WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS
BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH
OUR CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO
OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS.
YOU WILL NOT USE THE SERVICES OR THE INFORMATION
CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM
MATERIAL. YOU WILL NOT USE ANY OF OUR TRADEMARKS, TRADE
NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM
MATERIAL.
YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY
PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY
WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.
Intellectual Property
This web site contains material which is derived in
whole or in part from materials supplied by Us and
various other sources. This web site, including but not
limited to its text, logos, content, photographs, flash
animations, video, audio and graphics (the "Intellectual
Property"), is protected by copyrights, service marks,
international treaties and/or other proprietary rights
and laws of the U.S. and other countries. The
Intellectual Property is also protected as a collective
work or compilation under U.S. copyright and other laws
and treaties. All individual articles, columns and other
elements making up the Services are also copyrighted
works. You agree to abide by all applicable copyright
and other laws, as well as any additional copyright
notices or restrictions contained in the Services.
If you would like to make copies
and/or distribute certain information, please
contact us.
No License Granted
You acquire absolutely no rights or licenses in or to
the Services and materials contained therein other than
the limited right to utilize the Services in accordance
with the Terms and Conditions. Should you choose to
download content from the Services, you must do so in
accordance with the Terms and Conditions. Such download
is licensed to you by Us only for your own personal,
noncommercial use in accordance with the Terms and
Conditions and does not transfer any other rights to
you.
Accuracy Disclaimer
We do not warrant or guarantee the accuracy, quality,
completeness, currency, or validity of any information
on the web site or linked from the web site. All
information contained on this web site has been obtained
from sources believed by Us to be accurate and reliable.
The ads, press releases, and newsletters are also
provided by the identified organizations. We do not edit
or control the information We receive, although it may
note obvious errors that have been discovered. Due to
the possibility of human and mechanical error, We are
not responsible for any errors or omissions.
Rights Reserved
All present and future rights in and to the Intellectual
Property and other proprietary rights of Us of any type
under the laws of any governmental authority, domestic
or foreign, including rights in and to all applications
and registrations relating to the Services (the
"Intellectual Property Rights") shall, as between you
and Us, at all times be and remain the sole and
exclusive property of Us. All present and future rights
in and title to the Services (including the right to
exploit the Services and any portions of the Services
over any present or future technology) are reserved to
Us for Our exclusive use. Except as specifically
permitted by the Terms and Conditions, you may not copy
or make any use of the Services or any portion thereof.
Liability Disclaimer
The material provided on this web site could include
technical inaccuracies or typographical errors and the
web site may be subject to periods of interruption. We
may make changes or improvements at anytime.
Limitation of Liability
While We endeavor to maintain the highest professional
quality of the Services We offer on Our web site, We
cannot be held responsible for any errors, defects, lost
profits, or other consequential damages arising from the
use of this web site. We will not be liable for any
damages or injury, including but not limited to, special
or consequential damages that result from any failure of
performance, error, omission, interruption, defect,
delay in operation of transmission, or computer virus,
the use of, or the inability to use, the materials in
the Services even if there is negligence by Us or an
authorized representative of Us; user has been advised
of the possibility of such damages. The above limitation
or exclusion may not apply to you to the extent that
applicable law may not permit the limitation or
exclusion of liability for incidental or consequential
damages. Our total liability to you for all losses,
damages, and causes of action (in contract, tort
(including without limitation, negligence, or otherwise)
will not exceed the amount you paid to Us to access the
Services.
Indemnification
You agree, to the extent permitted by applicable law, to
indemnify and hold Us, Our officers, directors, owners,
agents and employees harmless from any claim or demand,
including reasonable attorneys' fees, made by any third
party due to or arising out of your use of the Services,
the violation of these Terms and Conditions by you, or
the infringement by you, or other user of the Services
using your computer, of any Intellectual Property or
other right of any person or entity. We reserves the
right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to
indemnification by you.
User Submissions to the Web Site
The Services may include message systems, bulletin
boards and/or chat rooms which may provide on-line
participation by and interaction among users. All
remarks, suggestions, ideas, graphics, or other
information communicated to Us through Our Services will
become the property of Us. Without limitation, We will
have exclusive ownership of all present and future
existing rights to the User Submission of every kind and
nature everywhere. We will be entitled to use the User
Submission for any purpose whatsoever (consistent with
the Privacy Policy then in effect), without compensation
to you or any other person sending the User Submission.
We do not control the postings of messages, information
or files to chat rooms and bulletin boards. Further, We
have no obligation to monitor chat rooms or bulletin
boards or any other postings of User Submissions.
All Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for
publication on the pages of the web site are conditioned
on your adherence to the following policies:
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You may not restrict or inhibit any other user from
using or enjoying any of the Services.
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You may not post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene,
vulgar, pornographic, profane, indecent or racially,
ethnically or otherwise objectionable material of
any kind, including without limitation any
transmissions constituting or encouraging conduct
that would constitute a criminal offense, give rise
to civil liability or otherwise violate any local,
state, national or international law.
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You may not post or transmit any information,
software or other material which violates or
infringes upon the rights of others, including
material which is an invasion of privacy or
publicity rights or which is protected by
intellectual property rights.
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You may not post or transmit any information,
software or other material which contains a virus or
other harmful component.
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You may not post, transmit or in any way exploit any
information, software or other material for
commercial purposes, or which contains commercial
advertising.
We reserve the right at all times to disclose any
information as necessary to satisfy any law, regulation
or governmental request, or to edit, refuse to post or
to remove any information or materials, in whole or in
part, that in Our sole discretion are objectionable or
in violation of its Submission policies.
Under no circumstances will We be required to treat any
Submission as confidential (subject to Privacy Policy
then in effect), and will not be liable for any ideas
for its business (including, without limitation, product
or service ideas) and will not incur any liability as a
result of any similarities that may appear in future We
operations.
You acknowledge that you are solely responsible for
whatever material you submit, and you, not Us have full
responsibility for the Submission, including its
legality, reliability, appropriateness, originality, and
copyright. Your communication of a Submission is in all
respects subject to the Terms and Conditions, including
without limitation those set forth in "Indemnification."
Links
The Services display links to other web sites that are
not owned or maintained by Us and which contain
information some people may find inappropriate or
offensive. We has not reviewed such web sites and are
not responsible for the content thereof. The inclusion
of a link to such web site does not imply endorsement by
Us. Viewing of any web site linked to the Services is at
your own risk.
Endorsement Disclaimer
We do not endorse, support, sanction, or verify the
information or material that is provided on this web
site or linked to this web site. Unless otherwise
specifically indicated, We have no affiliation with any
of the organizations mentioned or described on the web
site, and We make no representations or warranties with
regard to those organizations. Nor do We endorse or
affiliate itself with any of the organizations that are
linked to or from this web site.
Privacy Policy
Our current Privacy Policy is posted above and is
incorporated herein by reference. By using this web
site, you expressly consent to certain disclosures of
your personally identifiable and other personal
information provided to you by Us to third parties, and
to use of your information by Us and third parties, to
the extent set forth in Our current Privacy Policy,
unless you otherwise notify Us in accordance with the
Privacy Policy.
Policies Concerning Claims of Infringement
It is Our policy to respond expeditiously upon receiving
notice of claimed intellectual property infringement. We
will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the
Digital Millennium Copyright Act and other applicable
intellectual property laws.
All notices of copyright
infringement should be
sent to Us.
Notices of copyright infringement should contain the
following information:
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A physical or electronic signature of a person
authorized to act on behalf of the copyright owner
that is allegedly infringed.
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Identification of the copyrighted work claimed to
have been infringed.
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Identification of the material that is claimed to be
infringing or to be the subject of infringing
activity and information reasonably sufficient to
permit We to locate the material.
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The address, telephone number, or email address of
the complaining party.
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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.
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A statement, under penalty of perjury, that the
information in the notification is accurate, and
that the complaining party is authorized to act on
behalf of the owner of an exclusive right that is
allegedly infringed. We reserves the right to remove
and/or disable access from the Service to web pages
of repeat infringers and reserves the right to
terminate all account holders and subscribers who
are repeat infringers of intellectual property laws.
Access and Interference
Our web site contains robot exclusion headers and you
agree that you will not use any robot, spider, other
automatic device, or manual process to monitor or copy
Our Intellectual Property or any other content contained
herein without Our prior written consent. You agree that
you will not use any device, software or routine to
interfere or attempt to interfere with the proper
working of the Services. You agree that you will not
take any action that imposes an unreasonable or
disproportionately large load on Our infrastructure.
Access Outside the United States
We makes no representation that the materials provided
at this web site are appropriate or available for use in
locations outside of the United States, its territories
and possessions. If you use the Services from other
locations, you are responsible for compliance with
applicable local laws.
As a courtesy to Our foreign users, We have provided
translation buttons for certain languages, that are
designed only to assist in providing the gist of the
content of the site. The translations are computer
automated, have not been reviewed by Us, and are
provided by a third party service. Use of the
translation buttons fall under the terms and conditions
of use of that third party translation service.
General Disclaimer
We are not responsible for any direct, indirect,
incidental, consequential or any other damages arising
out of or in connection with the use of this web site or
in reliance on the information available on the web
site. This includes any personal injury, business
interruption, loss of use, lost data, lost profits, or
any other pecuniary loss, whether in an action of
contract, negligence, or other tortuous action, even if
We have been informed of the possibility.
Miscellaneous
These Terms and Conditions will be governed and be
interpreted pursuant to the laws of the State of New
York, United States of America, notwithstanding any
principles of conflicts of law and you hereby consent to
the jurisdiction of such courts. If any part of these
Terms and Conditions is unlawful, void, or
unenforceable, that part will be deemed severable and
will not affect the validity and enforceability of any
remaining provisions
Our failure to act with respect to a breach by you or
others does not waive Our right to act with respect to
subsequent or similar breaches. If We ask a third party
to provide Services through this web site, the
provisions of this agreement shall apply to your use of
the Services, unless otherwise noted. We shall not be
liable for any delay or failure to perform resulting
directly or indirectly from any causes beyond Our
reasonable control.
We may freely assign or update this agreement. |