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Privacy Policy
The agreement formed by these Terms and Conditions of Use (this "Agreement") is
made as of the date upon which you accept it (the "Effective Date") by acknowledging
such acceptance through GroupTheatreToo.ontheweb.com (the "Web Site"), and is by and between
you and GTT Website. ("GTT"), with respect to the provision to you of internet
services offered by GTT, which are intended to permit you to conduct specified
activities during the use of the Web Site. Except as set forth in this paragraph,
all defined terms used in this Agreement will have the meanings set forth in Section 7.
1. Acceptance of this Agreement.
1.1 Acceptance. By entering the Web Site, you acknowledge your acceptance of this
Agreement, you are consenting to be bound by this Agreement, and you are becoming a
party to this Agreement with GTT. In the event that you do not acknowledge your
agreement to all of the terms of this Agreement, you will not be allowed to use
the Web Site. If you do not wish to comply with the terms of this Agreement, do
not use the Web Site.
1.2 Completion of Registration Information. Prior to having the ability to
use the Web Site, you must complete the required information form on the Web
Site. You represent and warrant to GTT that you have reviewed and accept that
portion of the Web Site labeled "RULES AND REGULATIONS" and that, in the event
that you are accepting this Agreement on behalf of an entity (e.g., a corporation),
you are authorized on behalf of such entity to use the Web Site, and, where
appropriate, to make the representations required in the registration process
on the Web Site, and that you have (or such entity has) the sole responsibility
for assuring that the Web Site is used only in accordance with this Agreement.
2. Your Obligations.
2.1 Compliance with Law, Rules and Regulations. You will comply at all times
with all applicable laws and regulations. You acknowledge that it is your sole
responsibility to ensure that the manner in which you transmit and receive
information complies with all applicable laws and regulations. You will not
engage in any activities that: (i) constitute or encourage a violation of
any applicable law or regulation; (ii) defame, impersonate or invade the
privacy of any third party; (iii) infringe the rights of any third party,
including intellectual property, business, contractual and fiduciary rights;
(iv) are in any way connected with the transmission of "junk mail," "spam"
and/or the other mass distribution of unsolicited e-mail; or (v) interfere
with the functioning of the Web Site.
2.2 Forums
2.2.1. You may not upload to, or distribute or otherwise publish on the message
boards or in the chat rooms (the "Forums") any libelous, defamatory, obscene,
pornographic, abusive, threatening or otherwise illegal material.
2.2.2. You will use the Forums only in a noncommercial manner. You will not
distribute or otherwise publish any material containing any advertising or
solicitation for goods or services.
2.2.3. You are solely responsible for the content of your messages. GTT has
no obligation to monitor the Forums and will not, in the normal course of business,
review the content of the messages posted in the forums. GTT reserves the right to
delete, move, or edit messages that it, in its sole discretion, believes are
defamatory, obscene, in violation of intellectual property laws, or contain
content, including computer viruses, that interfere with the operation of the
Web Site.
2.2.4. By uploading materials to any Forum or submitting any materials to GTT,
you automatically grant (or represent and warrant to GTT that the owner of such
rights has expressly granted) to GTT a perpetual, royalty-free, irrevocable,
nonexclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works of and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you represent and warrant
to GTT that all so-called moral rights in those materials have been waived.
2.3 Fees and Taxes. You will be solely responsible for any federal, state
or local sales, use, value added or other tax, tariff, duty or assessment
levied or imposed arising out of or related to any of the transactions contemplated
under this Agreement or on the Web Site (excluding taxes based upon the net income
of GTT). You will pay directly, or reimburse GTT for, the amount of such sales, use,
value added or other tax, tariff, duty or assessment which GTT is at any time
obligated to pay or collect.
3. Warranty Disclaimer.
3.1 As Is Warranty. THE WEB SITE IS PROVIDED ON AN "AS IS" BASIS, AND MD MAKES
NO WARRANTY, EXPRESS OR IMPLIED REGARDING EITHER THE WEB SITE OR THE SUBJECT MATTER
OF THIS AGREEMENT, AND ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE, ARE HEREBY EXPRESSLY DISCLAIMED.
3.2 Limiting Device. YOU ACKNOWLEDGE THAT MD USES A LIMITING DEVICE WHICH WILL,
IN THE EVENT OF A TERMINATION OF THIS AGREEMENT, BE USED TO DISABLE YOUR ABILITY
TO ACCESS THE WEB SITE. YOU FURTHER ACKNOWLEDGE THAT THE DISABLING MECHANISM USED
BY GTT HAS INHERENT LIMITATIONS. IN THE EVENT THAT THE LIMITING DEVICE DISABLES
YOUR ABILITY TO SUE ACCESS THE WEB SITE, YOU ARE SOLELY RESPONSIBLE FOR SUCH
DISABLEMENT AND THE CONSEQUENCES THEREOF, AND FOR TAKING PRECAUTIONS TO AVOID
OR MINIMIZE POTENTIAL DAMAGE FROM SUCH DISABLEMENT, INCLUDING, BACKING UP YOUR
DATA.
4. Liability Limitations
4.1 Linked Sites. GTT has included some links to related internet sites maintained
by third parties. Neither GTT nor its affiliates operate or control, in any respect,
any information, products or services on such linked sites. You acknowledge and
agree that: (i) you access such linked sites at your own risk and that, by so
accessing such sites, you leave the Web Site; and (ii) GTT, whether or not it has a
relationship with linked sites, will not be responsible for the content on or
operation of such linked sites, and disclaims all liability for any injury you
experience while you are in a linked site.
4.2 Force Majeure. Neither party will be liable for any failure or delay in
performing under this Agreement where such failure or delay is due to causes
beyond its reasonable control, including natural catastrophes, governmental
acts or omissions, laws or regulations, terrorism, labor strikes or difficulties,
communications systems breakdowns, hardware or software failures, transportation
stoppages or slowdowns or the inability to procure supplies or materials.
4.3 No Consequential Damages. GTT WILL NOT BE LIABLE TO YOU FOR ANY CONSEQUENTIAL,
INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR SIMILAR DAMAGES, REGARDLESS OF WHETHER
FORESEEABLE, INCLUDING CLAIMS FOR LOSS OF GOODWILL, PROFITS, DATA, USE OF MONEY OR
PRODUCTS, STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS, WHETHER ARISING OUT OF BREACH
OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, MISREPRESENTATION, NEGLIGENCE,
STRICT LIABILITY OR OTHERWISE.
4.4 Liability Limit. IN NO EVENT WILL THE AGGREGATE LIABILITY OF GTT IN RESPECT
OF THE WEB SITE OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT EXCEED ONE HUNDRED
DOLLARS ($100.00).
5. Proprietary Information.
5.1 Ownership of GTT Technology. You acknowledge and agree that the GTT Technology,
and the copyright, patent, trademark, trade secret and all other proprietary rights
in and to the GTT Technology, is proprietary to GTT and its licensors, and you will
not gain any ownership or other right, title or interest in or to any GTT Technology,
by reason of this Agreement or otherwise. Such ownership will inure to the benefit
of GTT from the date of the conception, creation or fixation of the GTT Technology at
issue in a tangible medium of expression, as applicable.
5.2 Ownership of Name of Group Theatre Too. You acknowledge and agree
that the name, image, likeness and all associated rights of publicity of the Group Theatre Too are proprietary to Group Theatre Too, and you will not gain any ownership
or other right, title or interest in or to the name, image, likeness or other associated
rights of privacy or publicity proprietary to Group Theatre Too, by reason of this
Agreement or otherwise. You may not copy, download, distribute or make any other
unauthorized use of the name, image, likeness or other associated rights of publicity
proprietary to Group Theatre Too or it's members.
5.3 Ownership of Copyright to Works Displayed on Web Site. The Web Site contains
various content. You should assume that everything you see on the web site is subject to
copyright protection, unless noted otherwise. You acknowledge and agree that all
right, title and interest, including the copyright, in and to such works are the
property of the respective owners thereof, and you will not gain any ownership or
other right, title or interest in or to such works, by reason of this Agreement or
otherwise. You may not copy, download or make any other unauthorized uses of such
works.
5.4 Activity Information. You acknowledge that GTT may, in the course of its operation
of the Web Site, maintain and have access to information about you, including order
information, biographical information and other data. GTT will have the right to use all
such information for its own business purposes to the extent specified in the [Privacy
Policy].
6. Termination.
6.1 Termination by User. You are entitled to terminate this Agreement at any time
with or without cause. You may terminate this Agreement at any time by destroying all
materials obtained from the Web Site and all related documentation and all copies and
installations thereof, whether made under the terms of this Agreement or otherwise.
6.2 Termination by GTT. GTT will have the right to terminate this Agreement, at any time, with or without cause.
Some circumstances likely to give rise to such termination will be if GTT believes,
in its sole discretion, that you: (i) sell, use, or display materials that are
illegal, obscene, vulgar, offensive, dangerous, or otherwise inappropriate; (ii)
post or submit content to the Web Site that infringes the copyright or intellectual
property rights of others; (iii) have become the subject of a government complaint
or investigation; (iv) violate any of the terms and conditions of this Agreement.
6.3 Effect of Termination.
6.3.1. Upon the termination or expiration of this Agreement for any reason whatsoever,
each party will be released from all obligations and liabilities to the other occurring
or arising after the date upon which such termination becomes effective, except that any
termination of this Agreement will not relieve either MD or you from any liability
arising prior to such termination.
6.3.2. Neither party will be liable to the other party for damages of any kind,
including incidental or consequential damages, or for indemnification, solely on account
of the lawful termination of this Agreement, even if informed of the possibility of such
damages. Neither party will be liable to the other party by reason of termination of this
Agreement for compensation, reimbursement or damages on account of any loss of prospective
profits on anticipated sales or on account of expenditures, investments, leases or other
commitments relating to the business or goodwill of either party, notwithstanding any law
to the contrary.
6.3.3. Upon the termination or expiration of this Agreement, you must destroy all
materials obtained from the Web Site, with the exception of merchandise lawfully purchased
from the Group Theatre Too Online Store, and all copies thereof, whether made under the
terms of this Agreement or otherwise.
6.3.4. The provisions of Sections 2 through 5, 6.3, 7 and 8 will survive termination
or expiration of this Agreement.
7. Definitions
7.1 Agreement. The term "Agreement" will have the meaning ascribed to it in the
first paragraph.
7.2 Effective Date. The term "Effective Date" will have the meaning ascribed to it in
the first paragraph.
7.3 Forums. The term "Forums" will have the meaning ascribed to it in Section 2.2.1.
7.4 including. Except where followed directly by the word "only", the term "including"
will mean "including, but not limited to," it being the intention of the parties that any
example or listing following thereafter is illustrative and not exhaustive.
7.5 GTT. The term "Web Site" will have the meaning ascribed to it in the first
paragraph.
7.6 GTT Technology. The term "GTT Technology" will mean the technology and software used
by GTT in the operation of the Web Site, including: (i) discoveries, ideas, concepts, theories,
improvements, designs, original works of authorship, formulae, processes, algorithms,
inventions, know-how, techniques, compositions of matter and other information; (ii) all
intermediate and partial versions thereof; (iii) all documentation, program materials,
flowcharts, notes, outlines and the like created in connection therewith; and (iv) all
derivative works thereof.
7.7 Membership Year. The term "Membership Year" will mean the period of time beginning
on the date in which GTT is first engaged.
7.8 Web Site. The term "Web Site" will have the meaning ascribed to it in the first
paragraph.
8. Miscellaneous.
8.1 Integration. This Agreement constitutes the entire understanding and agreement, and
supersedes any and all prior or contemporaneous representations, understandings and agreements,
between the parties with respect to the subject matter of this Agreement, all of which are
merged in this Agreement. Notwithstanding the foregoing, any confidentiality agreements
between the parties are separate from this Agreement and, except as expressly stated in
this Agreement, nothing contained in this Agreement will be construed as affecting the
rights or obligations of either party set forth in any such agreement.
8.2 Assignment. You will not have the right to assign or transfer this Agreement, or
any interest in this Agreement (including rights and duties of performance), whatsoever,
without the advance written consent of GTT. This Agreement will be binding upon and inure
to the benefit of each of the parties and their respective legal successors and permitted
assigns.
8.3 Severability. In the event that any provision of this Agreement is found invalid
or unenforceable pursuant to judicial decree or decision, the remainder of this Agreement
will remain valid and enforceable according to its terms.
8.4 No Custom. It is expressly understood and agreed that, there being no expectation of
the contrary between the parties, no usage of trade or custom and practice within the industry,
and no regular practice or method of dealing between the parties, will be used to modify,
interpret, supplement or alter in any manner the express terms of this Agreement.
8.5 Waiver. No waiver of any provision of this Agreement, or any rights or obligations of
either party under this Agreement, will be effective, except pursuant to a written instrument
signed by the party waiving compliance, and any such waiver will be effective only in the
specific instance and for the specific purpose stated in such writing.
8.6 Relationship/Authority. Nothing contained in this Agreement will be deemed to
create, or be construed as creating, a joint venture or partnership between the parties.
Neither party is, by virtue of this Agreement or otherwise, authorized as an agent or
legal representative of the other party. Neither party is granted any right or authority
to assume or to create any obligation or responsibility, express or implied, on behalf or
in the name of the other party, or to bind such other party in any manner.
8.7 No Third Party Beneficiary. Nothing contained in this Agreement will be deemed
to create, or be construed as creating, any third party beneficiary right of action
upon any third party, in any manner whatsoever.
8.8 Amendments. All amendments or modifications of this Agreement will be binding
upon the parties despite any lack of consideration so long as such amendments or
modifications are in writing and executed by the parties.
8.9 Forum and Jurisdiction. This Agreement was entered into in the State of New York,
and its validity, construction, interpretation and legal effect will be governed by the
laws and judicial decisions of the State of Nw York applicable to contracts entered
into and performed entirely within the State of New York. Any action at law or in
equity arising under this Agreement will be filed only in an appropriate State or Federal
Court located in Manhattan County, New York. The parties hereby consent and submit to
the personal jurisdiction of such courts for the purposes of litigating any such action.
MD makes no representation that materials in the site are appropriate or available for use
in locations outside the United States. Those who choose to access this site from other
nations do so on their own initiative and are responsible for compliance with local laws,
if and to the extent local laws are applicable.
8.10 Right to Change Terms. GTT will have the right at any time to change this Agreement
by updating this page. By continuing to use the Web Site, you will be bound by any such
revisions. Therefore, you are advised to regularly visit this page.
Privacy Policy
GTT Website, has created this Privacy Policy (this "Policy") to demonstrate our
commitment to protecting your privacy. By using our web site, you agree that GTT Website, may collect and use information as described in this Policy.
Information Gathering
We know e-mail addresses and other personal data about visitors to this site only when
this information is voluntarily submitted to us through purchases, participation in contests, email inquiries, and the like.
When you order merchandise from the Group Theatre Too Online Store, we need to know your
name, e-mail address, mailing address, credit card number, and credit card expiration date
in order to process your payment and send you the merchandise that you purchased.
If you participate in a contest, we may ask for some personal information, such as your
name, address and/or e-mail address, so we can administer the contest and notify winners.
Plus me may gather and ask demographic information.
We use this information to provide you with the services offered, such as
updated news about Group Theatre Too and upcoming events. You can opt out of receiving
future mailings from us.
Information Sharing
GTT Website, maintains strict privacy over all information you share, and uses such
information to provide you with a better web site.
GTT Website, will, under no circumstances, voluntarily share your credit card
information with anyone.
In most cases, GTT Website, will not share your contact or demographic information
with entities unrelated to GTT Website, or affiliated parties. We may, however, use
such information to notify you of important changes to the web site, or of special offers
we think you'll find valuable.
GTT Website, Inc., remains committed to protecting the privacy of the users of this web
site. If you have any questions regarding this Policy, or would like to be removed from
any mailing lists related to this web site, please contact the webmaster of this web site
at webmaster@grouptheatretoo.zzn.com.
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