TERMS OF USE AGREEMENT

Last updated: January 29, 2017

Please note that, in this Terms of Use Agreement, www.clamourtheatre.org, may be referred to as www.clamourtheatre.org, “we,” “us,” or “ours.”

www.clamourtheatre.org is owned by Clamour Theatre Company, Inc.

www.clamourtheatre.org may, from time to time, include links to other third party Web sites. Such links are not an endorsement or recommendation by us of those Web sites and/or the products or services offered there. Third party Web sites may have different terms of use and privacy policies, and we are not responsible for the terms of use or privacy practices of those third party Web sites. If you click on a link to a third party Web site, we encourage you to check the terms of use and privacy policy of that Web site, as they may differ substantially from the Terms of Use or Privacy Policy of www.clamourtheatre.org.

Your Compliance with this Agreement

You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to access and use www.clamourtheatre.org. You represent that you have the capacity to be bound by this Agreement, or if you are acting on behalf of a company or other entity, you have the authority to bind such company or entity. In order to determine your compliance with this Agreement, Clamour Theatre Company, Inc. may monitor your access and use of www.clamourtheatre.org in accordance with the Privacy Policy. If you do not agree with these Terms of Use, do not use www.clamourtheatre.org or download any materials from the www.clamourtheatre.org

www.clamourtheatre.org is Not Intended for Minors

www.clamourtheatre.org is not intended to be used by, and is not directed to, anyone under 18 years of age. You represent that you are at least 18 years of age. If www.clamourtheatre.org receives a complaint which states that a user of www.clamourtheatre.org is under 13 years of age, www.clamourtheatre.org will comply with the requirements of the Children’s Online Privacy Protection Act of 1998 (“COPPA”).

Your Access and Use of www.clamourtheatre.org

Your right to access and use www.clamourtheatre.org is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.clamourtheatre.org for lawful purposes and pursuant to the terms and conditions of this Agreement and the Privacy Policy.

Your access and use of www.clamourtheatre.org may be interrupted, from time to time, for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.clamourtheatre.org or other actions that Clamour Theatre Company, Inc., in its sole discretion, may elect to take. Clamour Theatre Company, Inc. reserves the right to suspend or discontinue the availability of www.clamourtheatre.org and/or any portion or feature of www.clamourtheatre.org at any time in its sole discretion and without prior notice.

Any action by you that, in Clamour Theatre Company, Inc.’s sole discretion: (i) violates the terms and conditions of this Agreement and/or the Privacy Policy; (ii) restricts, inhibits or prevents any access, use or enjoyment of www.clamourtheatre.org; or (iii) through the use of www.clamourtheatre.org defames, abuses, harasses, offends or threatens, shall not be permitted, and may result in your loss of the right to access and use www.clamourtheatre.org. You shall not metatag, provide links to or frame www.clamourtheatre.org without the prior express written permission of Clamour Theatre Company, Inc..

Clamour Theatre Company, Inc.’s Intellectual Property Rights

The name “Clamour Theatre Company, Inc.” and www.clamourtheatre.org graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress owned by, or licensed by, Clamour Theatre Company, Inc. or its affiliates, in the United States and/or other countries (collectively, the “Marks”). You may not use the Marks without the prior express written permission of Clamour Theatre Company, Inc., and, in the case of licensed Marks, the prior express written permission of the owner of such Marks, which permission may be withheld in Clamour Theatre Company, Inc.’s sole discretion. Clamour Theatre Company, Inc. makes no proprietary claim to any third-party names, trademarks or service marks appearing on www.clamourtheatre.org. Any third-party names, trademarks, and service marks are the property of their respective owners.

The information, advice, data, software and content viewable on, contained in, or downloadable from, www.clamourtheatre.org (collectively, the “Content”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted by, or otherwise licensed to, Clamour Theatre Company, Inc. or its Content suppliers. All software used on www.clamourtheatre.org (the “Software”) is the property of Clamour Theatre Company, Inc. or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content does not entitle you to any ownership or intellectual property rights to the Content or the Software.

You are solely responsible for any damage resulting from your infringement of Clamour Theatre Company, Inc.’s or any third party’s intellectual property rights regarding the Marks, the Content, the Software and/or any other harm incurred by Clamour Theatre Company, Inc., its officers, directors, employees, agents or consultants as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.

Your Use of the Content

The Content may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way or de-compiled, reverse engineered or disassembled, except that you may download one copy of the Content on a single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the Content or use of the Content for any other purpose is a violation of Clamour Theatre Company, Inc.’s or its licensors’ copyright, trademark and other proprietary rights. The use of any such Content on any other web site or networked computer environment without Clamour Theatre Company, Inc.’s and/or its licensors’ express written consent is prohibited. Except as expressly provided herein, Clamour Theatre Company, Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information.

You may not use any meta tags or any other “hidden text” utilizing Clamour Theatre Company, Inc.’s name or Marks without the prior express written permission of Clamour Theatre Company, Inc. or, in the case of licensed Marks, the prior express written permission of the owner of the licensed Marks, which permission may be withheld in the sole discretion of Clamour Theatre Company, Inc. or the owner, as the case may be.

Electronic Communications

When you visit www.clamourtheatre.org or send e-mail to Clamour Theatre Company, Inc., you are communicating with Clamour Theatre Company, Inc. electronically. You consent to receive communications from Clamour Theatre Company, Inc. electronically in response to your e-mail. Although Clamour Theatre Company, Inc. may choose to communicate with you by regular mail, Clamour Theatre Company, Inc. may also choose to communicate with you by e-mail or by posting notices on www.clamourtheatre.org. You agree that all agreements, notices, disclosures and other communications that Clamour Theatre Company, Inc. provides to you electronically satisfy any legal requirement that such communications be in writing.

All Communications with Clamour Theatre Company, Inc.

Clamour Theatre Company, Inc. does not want you to, and you should not, send any confidential or proprietary information to Clamour Theatre Company, Inc. via www.clamourtheatre.org or otherwise. You agree that any information or materials that you or individuals acting on your behalf provide to Clamour Theatre Company, Inc. will not be considered confidential or proprietary. With the exception of plays and materials related to such plays (such as synopses or play excerpts), by providing any such information or materials to Clamour Theatre Company, Inc., you grant to Clamour Theatre Company, Inc. an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such information and materials, and you further agree that Clamour Theatre Company, Inc. is free to use any ideas, concepts, information or know-how that you or individuals acting on your behalf provide to Clamour Theatre Company, Inc.. In regard to plays and materials related to such plays (such as synopses or play excerpts), you grant to Clamour Theatre Company, Inc. the right to use such plays and other materials for the purpose of evaluating the material for public performance and to reproduce or distribute such plays and other materials for that purpose, but not the right to display or publicly perform such play or other material unless and until a separate license for such purpose is negotiated between the parties. You further recognize that Clamour Theatre Company, Inc. does not want you to, and you warrant that you shall not, provide any information or materials to Clamour Theatre Company, Inc. that is defamatory, threatening, obscene, harassing, or otherwise unlawful, or that incorporates the proprietary material of another.

Your Responsibility for Equipment and Related Costs

You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use www.clamourtheatre.org, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of www.clamourtheatre.org.

Third Party Links

From time to time, there may be provided on www.clamourtheatre.org links to other Web sites belonging to Clamour Theatre Company, Inc. donors, business partners, affiliates or other third parties. Such links do not constitute an endorsement by Clamour Theatre Company, Inc. of those Web sites, nor the products or services listed on those Web sites. Clamour Theatre Company, Inc. is not responsible for the activities or policies of those Web sites. Clamour Theatre Company, Inc. does not endorse or recommend the products or services of any particular retailer, advertiser, business partner, affiliate or other third party.

No Representations or Warranties

THE CONTENT ASSOCIATED WITH WWW.CLAMOURTHEATRE.ORG IS PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. CLAMOUR THEATRE COMPANY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF WWW.CLAMOURTHEATRE.ORG OR THE INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR ASSOCIATED WITH WWW.CLAMOURTHEATRE.ORG. YOU EXPRESSLY AGREE THAT YOUR USE OF WWW.CLAMOURTHEATRE.ORG IS AT YOUR SOLE RISK. CLAMOUR THEATRE COMPANY, INC. DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE CONTENT WWW.CLAMOURTHEATRE.ORG, NOR THE SAFETY, RELIABILITY, TITLE, TIMELINESS, COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE CONTENT ASSOCIATED WITH WWW.CLAMOURTHEATRE.ORG. IT IS YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR COMPLETENESS OF THE CONTENT ASSOCIATED WITH WWW.CLAMOURTHEATRE.ORG. CLAMOUR THEATRE COMPANY, INC. MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE FOR DOWNLOADING FROM WWW.CLAMOURTHEATRE.ORG IS FREE OF INFECTION FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Location of www.clamourtheatre.org

www.clamourtheatre.org is controlled and offered by Clamour Theatre Company, Inc. from facilities in the United States of America. Clamour Theatre Company, Inc. makes no representations that www.clamourtheatre.org is appropriate or available for use in other jurisdictions. If you access or use www.clamourtheatre.org from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.

Limitations on Clamour Theatre Company, Inc.’s Liability

CLAMOUR THEATRE COMPANY, INC. SHALL IN NO EVENT BE RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR OTHER DAMAGES THAT INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS, AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS AND CONDITIONS OF THIS AGREEMENT; (II) YOUR ACCESS AND USE OF WWW.CLAMOURTHEATRE.ORG; (III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE WWW.CLAMOURTHEATRE.ORG, FOR ANY REASON; (IV) YOUR DOWNLOADING OF ANY OF THE CONTENT FOR YOUR USE; (V) YOUR RELIANCE UPON OR USE OF THE CONTENT, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH WWW.CLAMOURTHEATRE.ORG, OR OTHERWISE ARISING OUT OF THE USE OF WWW.CLAMOURTHEATRE.ORG, WHETHER RESULTING, IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CLAMOUR THEATRE COMPANY, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE THAT CLAMOUR THEATRE COMPANY, INC. SHALL NOT BE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.

Your Indemnification of Clamour Theatre Company, Inc.

You shall defend, indemnify and hold harmless Clamour Theatre Company, Inc., their officers, directors, employees, independent contractors, agents, and representatives from and against all claims and expenses, including, but not limited to, attorneys’ fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; and (ii) your access or use of www.clamourtheatre.org;

Amendments to this Agreement

Clamour Theatre Company, Inc. reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. Your continued access and use of www.clamourtheatre.org following the posting of any such changes shall automatically be deemed your acceptance of all changes. The date on which this Agreement was last updated will be noted immediately above this Agreement.

Clamour Theatre Company, Inc.’s Remedies

You acknowledge that Clamour Theatre Company, Inc. may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, Clamour Theatre Company, Inc. shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement.

Governing Law; Jurisdiction

You agree that: (i) Clamour Theatre Company, Inc. and www.clamourtheatre.org shall be deemed solely based in the State of Florida; and (ii) www.clamourtheatre.org shall be deemed a passive Web site that does not give rise to personal jurisdiction over Clamour Theatre Company, Inc. either specific or general, in jurisdictions other than the State of Florida. This agreement shall be governed by, construed and enforced in accordance with the laws of the State of Florida without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the state to be determined exclusively by Clamour Theatre Company, Inc. in any legal action whether Clamour Theatre Company, Inc. be Petitioner or Respondent and whether the action be a state or federal action. You consent to the jurisdiction of such court and waive any objection to the laying of the venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.

All covenants, agreements, representations and warranties made in this Agreement, as may be amended by Clamour Theatre Company, Inc., from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement and the Privacy Policy represent the entire understanding and agreement between you and Clamour Theatre Company, Inc. regarding the subject matter of the same, and supersede all other previous agreements, understandings and/or representations regarding the same.

If you have questions, comments, concerns or feedback regarding this Agreement or www.clamourtheatre.org, please contact Clamour Theatre Company, Inc. via any of the methods set forth below:

Email: info@clamourtheatre.org