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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