Tower Theatre Neon Marquee

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Tower Theatre for the Performing Arts · 809 E. Olive · Fresno, CA · (559) 485-9050

Tower Theatre Website Terms of Use

 

This document was last updated January 1, 2021

 

Agreement Between User and Tower Theatre for the Performing Arts

 

When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, phone number, property interest or other details to help you with your experience.

 

Welcome to TowerTheatreFresno.com website, (TowerTheatreFresno.com, and .org, including TowerTheaterFresno.com, and .org, collectively known as the "Site")  is comprised of various web pages operated by the Tower Theatre for The Performing Arts ("TTPA"). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of TowerTheatreFresno.com website constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

 

TowerTheatreFresno.com website showcases music artists, comedians, alternative movies, special events, and world-class entertainment in Fresno's Historic Tower Theatre in Central California.

 

TowerTheatreFresno.com is operated by a 501(c)3 nonprofit organization supporting and expanding the performing arts in a historic theatre venue.

 

Privacy

 

Your use of the Site is subject to TTPA’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

 

Electronic Communications

 

Visiting TowerTheatreFresno.com or sending emails to TTPA constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.

 

TTPA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use TowerTheatreFresno.com only with permission of a parent or guardian.

 

Links to Third-Party Sites / Third-Party Services

 

TowerTheatreFresno.com website may contain links to other websites ("Linked Sites"). The Linked sites are not under the control of TTPA and TTPA is not responsible for the contents of any linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TTPA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TTPA of the site or any association with its operators.

 

Certain services made available via TowerTheatreFresno.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the TowerTheatreFresno.com domain, you hereby acknowledge and consent that TTPA may share such information and data with any third party with whom TTPA has a contractual relationship to provide the requested product, service or functionality on behalf of TowerTheatreFresno.com users and customers.

 

No Unlawful or Prohibited Use / Intellectual Property

 

You are granted a non-exclusive, non-transferable, revocable license to access and use TowerTheatreFresno.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to TTPA that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TTPA or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. The Tower Theatre neon marquee, tower spire, tower ball, and Tower logotype name, individually, or in any combination thereof, are legally trademarked by the TTPA with the United States Trademark and Patent Office and subject to civil litigation for unauthorized and derivative use. Unauthorized and derivative use of any elements of the TTPA  trademark are expressly prohibited. You may not reproduce, transfer, modify, or distribute any graphic content from the Towertheatrefresno.com or shop.towertheatrefresno.com website without express permission from the TTPA. You may print a copy of the website for personal use only. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes or unauthorized use thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TTPA content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. displayed on the website. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TTPA and the copyright and trademark owner. You agree that you do not acquire any ownership rights or "fair-use" in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TTPA, Towertheatrefresno.com, or our licensors except as expressly authorized by these Terms.

 

International Users

 

The Service is controlled, operated and administered by TTPA from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TTPA Content accessed through TowerTheatreFresno.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

 

You agree to indemnify, defend and hold harmless TTPA, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TTPA reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TTPA in asserting any available defenses.

 

Liability Disclaimer

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tower Theatre for The Performing Arts AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

Tower Theatre for The Performing Arts AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Tower Theatre for The Performing Arts AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Tower Theatre for The Performing Arts AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Tower Theatre for The Performing Arts OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination / Access Restriction

 

TTPA reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and TTPA as a result of this agreement or use of the Site. TTPA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TTPA's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TTPA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, 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 the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TTPA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TTPA with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

 

The Tower Theatre for The Performing Arts reserves the right, in its sole discretion, to change the Terms under which TowerTheatreFresno.com is offered. The most current version of the Terms will supersede all previous versions. TTPA encourages you to periodically review the Terms to stay informed of our updates.

 

Contacting Us

 

The Tower Theatre for The Performing Arts welcomes your questions or comments regarding Terms of Use.

 

Tower Theatre for the Performing Arts

809 E. Olive Avenue

Fresno, California 93728

Email: info@towertheatrefresno.com

Telephone: (559)485-9050

©2024 THE TOWER THEATRE FOR THE PERFORMING ARTS. ALL RIGHTS RESERVED
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