CUCUMBER SATELLITE THEATRE SOCIETY
WEBSITE TERMS OF USE Please read these Terms of Use (the “Terms”) carefully before using this certain website (the “Website”), being the collection of webpages (as that term is generally used) accessible via the world wide web through, and designated by the appearance in your web browser’s address bar of, the domain names cucumbersatellite.com or flogweb.com. By using the Website, you agree to be bound fully by the Terms; and, in fact, your agreement with the Terms is a condition of your use of this website. If you do not agree with any of the Terms, then you are not authorized to use the Website, and do not use the Website. The Cucumber Satellite Theatre Society (the "Society") operates the Website as a courtesy to you, and you benefit from the information and points of view depicted there. The Society reserves the right, in its sole discretion, to modify, alter or otherwise update the Terms at any time and you agree to be bound by such modifications, alterations or updates. You also agree that you will periodically check the Terms, as they appear published on the Website, to ensure your timely understanding of any such alterations or updates. 1) Trademarks, Copyrights and Restrictions a) This site is controlled and operated by the Society, which may readily be contacted via information or gateways provided at the Website. All materials (the “Website Materials”) on the Website, including, but not limited to images, illustrations, audio clips, video clips, and all written material, is protected by certain copyrights and other rights (collectively, the "Rights") which are owned and controlled by the Society or by other persons who have licensed their materials to the Society. You may not copy, reproduce, republish, upload, post, transmit, or distribute in any way any of the Website Materials, unless the Society has given you permission to do so in writing. That said, the Society is committed to the fair distribution of its ideas and commentary, and if you wish to reproduce any of the Website Materials, you are encouraged to contact the Society to obtain permission. 2) Privacy a) The Society is very respectful about the privacy concerns of visitors to the Website. The Society does not collect any personally identifiable information about you from the Website without your knowledge and consent. Some information is collected by the computers which host the Website in order to enhance your experience there. That information does not personally identify you, and is not used for any purpose other than to help you navigate the Website. b) Information collected in that way includes the type of browser you use, the type of operating system you use, and the domain name of your Internet service provider. By having this information, web pages optimized for a particular visitor's computer is automatically available to that visitor. c) The Society also uses this information for its own internal purposes, to track the number of visitors to the Website. Again, this information does not identify you personally. d) From time to time you may volunteer to provide the Society with certain information (the “Personal Information”), being personally identifiable information about you, including your name, your email address, your contact information, and any other information that you provide to the Society. In those instances you consent to the Society’s collection and use of the Personal Information for any purposes that might, in the sole opinion of the Society’s directors, be helpful in meeting the Society’s broader objectives. You also agree that the Society may disclose the Personal Information to affiliates or other third parties in order to advance its broader objectives. You can, at any time, advise the Society in writing that you do not consent to the use or disclosure of the Personal Information as set out in this paragraph, at which time the Society will cease to use or disclose the Personal Information. e) You should know that, from time to time, the Society may make available to you certain forums or ‘chat’ areas (collectively, the “Users’ Areas”). If you choose to use the Users’ Areas, you may disclose personally identifiable (or other) information to other persons who are not under the control of the Society. The Society will not be responsible for any of your use of the Users’ Areas or for any use by third parties of your personal information obtained through your use of the Users’ Areas. 3) A Special Note for Parents Concerning Privacy a) Privacy is of concern to everybody. Even at websites, such as the Website, that are designed to be educational and child-friendly, children may have opportunities to provide personal information which may be collected by others. Children are encouraged to consult with their parents before furnishing any data through the Website or through any of the Users’ Areas. 4) Linked Sites a) The Society may, from time to time, provide internet hyperlinks connecting to certain websites (the "Linked Sites"), being websites which are owned, operated, and controlled by third parties. The Linked Sites are referenced on the Website as a matter of convenience to you, and the Society is not responsible for any of the content, views, or opinions contained or depicted at any of the Linked Sites. If you choose to access any of the Linked Sites, you do so completely at your own risk. Art and its satellites are scary, after all, and you may be shocked, offended, enlightened, or something else altogether by what you see. Deal with it. 5) Disclaimer a) The materials in the Society's Websites are provided "as is" and without warranties of any kind either express or implied. To the fullest extent permissible under applicable law, the Society disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. b) The Society does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that the Website or the server that makes them available are free of viruses or other harmful components. c) The Society does not warrant or make any representations regarding the use or the results of the use of the Website Materials in terms of their correctness, accuracy, reliability or otherwise. You (and not The Society) assume the entire cost of all necessary servicing, repair or correction, if there is any. d) The material that you read in The Society's Websites is provided solely for entertainment and philosophical purposes. The information and opinions expressed in any of the Users’ Areas not necessarily those of the Society and the Society makes no representations or warranties regarding that information or those opinions. e) Furthermore, the Society is not responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based on or resulting from any information or opinions provided in the Website. 6) Submissions a) Any notes, message billboard postings, ideas, suggestions, concepts or other material submitted to or through the Website will become the exclusive property of the Society, and the Society will be entitled to use that material for any type of use forever, including in any media whatsoever. When you submit material to the Website, you agree that the Society has the right to publish the material for any type of use that the directors of the Society may think furthers the Society’s broader objectives. b) The Society is not responsible for any material posted in the Users’ Areas. You will not submit or otherwise publish through the Users’ Areas any content which: i) libels, defames, invades privacy, or is obscene, pornographic, abusive or threatening; ii) infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trademarks; iii) violates any law; iv) advocates illegal activity; or v) advertises or otherwise solicits funds or is a solicitation for goods or services (collectively "Non-Approved Material"). 7) Indemnity a) You agree to indemnify the Society and its officers, directors, employees, agents, distributors and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable lawyer's fees, resulting from your use in any way of the Website. 8) E-Mail and Postings Received a) Do not post any threatening or libelous e-mails or material on this site that would be considered a violation of any law. The Society will fully co-operate with any law enforcement authorities or court order requesting or directing the Society to disclose the identity of anyone posting any such emails or materials. 9) Jurisdictional Issues a) Unless otherwise specified, and regardless of the actual physical locations of any computers or computer files accessible vie the Website, the Website Materials are deemed to be situated in the Province of British Columbia, Canada. The Website is controlled and operated by the Society from its offices within the Province of British Columbia. b) The Terms constitute a binding agreement between you and the Society, and will be governed by, construed and enforced in accordance with the laws of the Province of British Columbia, Canada, as it is applied to agreements entered into and to be performed entirely within such province. Any action you, any third party or the Society bring to enforce this agreement or, in connection with any matters related to this site shall be brought only in the courts of the Province of British Columbia, and you expressly consent to the jurisdiction of those courts. c) If any provision of this agreement is deemed to be unlawful, void, or for any reason unenforceable, then that provision will severable from this agreement and will not affect the validity and enforceability of any remaining provisions. d) The Terms form the entire agreement between us relating to the Website, and will not be modified except in writing and published by the Society on the Website.
|