Welcome to FindTheater.com, the website for finding your theatrical needs. By using the FindTheater.com Website (the "Website") you agree to be bound by these Terms of Use (this "Agreement"), whether or not you register as an individual or organization subscriber ("Subscriber"). If you wish to become a Subscriber and post information for other Subscribers and the general public, and otherwise make use of the FindTheater.com service (the "Service"), read these Terms of Use and indicate your acceptance of them by following the instructions in the Registration process.
This Agreement sets out the legally binding terms of your use of the Website and your subscription to the Service and may be modified by FindTheater.com from time to time, such modifications to be effective upon posting by FindTheater.com on the Website. This Agreement includes (both explicitly and by reference) FindTheater.com's Acceptable Use Policy for Content Posted on the Website, FindTheater.com's Privacy Policy, and Copyright Policy. You may also receive a copy of this Agreement by e-mailing us at: webmaster@findtheater.com, Subject: Terms of Use Agreement.
Term. This Agreement will remain in full force and effect while you use the Website and/or are an individual or organization Subscriber. You may terminate your subscription at any time, for any reason, by following the instructions on the “Edit your Profile” page (for individual subscribers), or upon receipt by FindTheater.com of your written notice of termination. Upon termination of an organization subscription, you will be refunded a pro-rated sum of any unused subscription fees already paid. FindTheater.com may terminate your subscription for any reason, effective upon sending notice to you at the e-mail address you provide in your user profile, or such other e-mail address as you may later provide to FindTheater.com. If FindTheater.com terminates your organization subscription to the Service because you have breached the Agreement, you will not be entitled to any refund of unused subscription fees. Even after subscription is terminated, this Agreement will remain in effect. Even after this Agreement is terminated, certain provisions will remain in effect, including sections 3, 9, and 11-16 of this Agreement.
Additional Terms. Any portion of this Website may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that portion of the Website, including without limitation, particular features or offers. If any terms contained in this Agreement conflict with any terms contained within a portion of the Website, then the terms in this Agreement shall control.
Proprietary Rights in Content on FindTheater.com. FindTheater.com owns and retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of FindTheater.com, and its licensors. Except for that information which is in the public domain or for which you have been given written permission by the copyright holder, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
Acceptable Use; Content Posted on the Site
is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protect devices, or providing pirated music or links to pirated music files;
provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
engages in commercial activities and/or sales exceeding the explicitly authorized purposes of this Service without our prior written consent, such as contests, sweepstakes, and pyramid schemes.
You must use the Service in a manner consistent with all applicable laws and regulations.
Although FindTheater.com cannot monitor the conduct of its Subscribers off the Website, it is also a violation of these rules to use any information obtained from the Service in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any Subscriber without their prior explicit and informed consent. In order to protect our Subscribers from such advertising or solicitation, FindTheater.com reserves the right to restrict the number of e-mails which a Subscriber may send through this Website to other Subscribers and/or the general public in any 24-hour period to a number which FindTheater.com deems appropriate in its sole discretion.
Mailing lists created on the Website may be used only for the purpose stated in the mailing list description, which must be in compliance with this Agreement. The Subscriber(s) responsible for a mailing list may change the purpose of the list at any time by appropriately updating the mailing list description, but such change must continue to comply with this Agreement.
Subscriber Disputes. You are solely responsible for your interactions with other FindTheater.com Subscribers. FindTheater.com reserves the right, but has no obligation, to monitor disputes between you and other Subscribers.
Privacy. Use of the Website and/or the Service is also governed by our Privacy Policy.
Authorized Use and Monitoring.This website is to be used only within the limitations of this Agreement. Individuals using this website in excess of their authorized access rights, or otherwise in violation of this Agreement, are subject to having all of their activities on this system monitored and recorded by website personnel. In the course of monitoring individuals improperly using this website, or in the course of website maintenance, the activities of other users may also be monitored. Anyone using this website expressly consents to such monitoring and is advised that if such monitoring reveals possible criminal activity or policy violation, website personnel may provide the evidence of such monitoring to law enforcement or other officials.
Disclaimers. FindTheater.com is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Subscribers or by any of the equipment or programming associated with or utilized in the Service. FindTheater.com is not responsible for the conduct, whether online or offline, of any user of the Website or Subscriber of the Service. FindTheater.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Subscriber communications. FindTheater.com is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of e-mail on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Subscribers or to any other person's computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the Service. Under no circumstances will FindTheater.com be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Subscribers or the general public, or any interactions between users of the Website, whether online or offline. The Website and the Service are provided "AS-IS" and FindTheater.com expressly disclaims (1) any warranty of fitness for a particular purpose or non-infringement, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens. (2) warranties or conditions arising through course of dealing or usage of trade, and (3) warranties or conditions that access to or use of the Website will be uninterrupted or error-free. There are no warranties that extend beyond the face of this Agreement. FindTheater.com cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
Minors. In the interest of protecting the privacy of minors, no one below the age of 18 is permitted to have an individual Subscriber account on the Service. By creating an individual Subscriber account, You agree and warrant that you are at least 18 years of age and have attained the age of majority in the state, province, or country in which you reside. Per the terms of our Privacy Policy, any account found to be for a person violating the above restriction will be immediately deleted from the Service.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will FindTheater.com be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits arising from your use of the Web site or the Service, even if FindTheater.com has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, FindTheater.com’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid by you to FindTheater.com for the Service during the term of subscription.
U.S. Export Controls. Software from this Website (the “Software”) is further subject to United States export controls. No Software may be downloaded from the Website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Indemnity. You agree to indemnify and hold FindTheater.com, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.
Severability. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect.
Assignment. FindTheater.com may assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in the Website. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and FindTheater.com with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and FindTheater.com with respect to the Website.
The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
Amendment. FindTheater.com may amend this Agreement or other policies on the Website and Service at any time for any reason, by posting the amended Agreement or policy on the site for 30 days prior to the amendments taking force. Your continued use of the Service 30 days after posting of an amended Agreement or policy acknowledges your acceptance of the amended Agreement or policy. Your only recourse is to terminate your use of the Service, in which case the portions of the previous Agreement and policies which survive termination will remain in effect. Should FindTheater.com choose to revoke a proposed amendment before the 30-day period is up, we may do so immediately by restoring the previous Agreement or policy to the Website.
Version 1.2, created 17 March 2008