Terms of Service (TOS)
Last Updated: June 5, 2005
TABLE OF CONTENTS
WinnipegOnstage.com (the "Website") is owned by Manitoba theatre company Merlyn Productions and managed by John Chase (the "Director"). Its contents are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, all rights reserved.
No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without express permission from Merlyn Productions or the Director, except that you may view, download, and print the materials for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of copyright and other proprietary rights.
Your usage of the Website (or any information, services, or products available through the Website) are subject to the following Terms of Service ("TOS"). If you are not agreeable to or do not wish to be bound by the TOS, please do not use this site.
As of this writing, you can review the most current version of the TOS at: http://www.winnipegonstage.com/tos.php.
The TOS may be modified by us from time to time, by posting the changes on the Website. You should review the TOS on a periodic basis, as your continued use of the Website shall constitute assent to any such modifications, once posted.
The Director may also specify additional guidelines or rules governing usage of the Website from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You agree to provide true, accurate, current and complete information about yourself as prompted by the Website's registration form (such information being the "Registration Data"), and to maintain and promptly update the
Registration Data to keep it true, accurate, current and complete.
Individuals under the age of thirteen (13) may not register an account. By registering an account, you affirm that you are at least thirteen (13) years of age.
You may receive periodic newsletters or other notices via e-mail from Merlyn Productions (and the Website), as it deems appropriate, for as long as you choose to maintain an active account.
If you register an account, you are responsible for maintaining the confidentiality of your password, and are fully responsible for all activities that occur under your account. You agree to immediately notify the Director of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Merlyn Productions cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Merlyn Productions, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Website.
You agree to not use the Website to:
- upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, e-mail, transmit or otherwise make available any Content that is restricted to adults or that cannot be legally viewed by minors;
- impersonate any other person or entity, or falsely state or otherwise misrepresent your affiliation with another person or entity;
- upload, post, e-mail, transmit or otherwise make available any material that contains software viruses or any other malicious computer code;
- interfere with or disrupt the Website;
- intentionally or unintentionally violate any applicable local, provincial, national or international law, including any regulations having the force of law; or
- "stalk" or otherwise harass another.
You understand that by using the Website, you may be exposed to Content that is offensive, indecent or objectionable.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.
Merlyn Productions does not claim ownership of Content you submit or make available for inclusion on the Website. All submitted Content remains the full legal property of its author(s) and/or current copyright holder(s).
However, with respect to Content you submit or make available for inclusion on the Website, you automatically grant, or warrant that the owner of such Content has expressly and unreservedly granted, John Chase and Merlyn Productions the royalty free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, distribute, reproduce, modify, adapt, publish, translate, perform, display and create derivative works from such Content (in whole or in part) throughout the universe and to incorporate such Content into other works in any format or medium now known or hereafter developed, for any purpose whatsoever without compensation to its provider.
By submitting Content, you warrant that you have the legal right to make such content available, and that it does not infringe on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
You agree to indemnify and hold Merlyn Productions and the Director harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Website, your use of the Website, your connection to the Website, your violation of the TOS, or your violation of any rights of another.
Merlyn Productions reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice, for any reason whatsoever. You agree that neither Merlyn Productions nor the Director shall be liable to you or to any third party for any modification, suspension or discontinuance of the Website.
Merlyn Productions may, in its sole discretion, terminate your account (or any part thereof) or use of the Website, and remove and discard any Content within the Website, for any reason whatsoever, including, without limitation, for lack of use or if it believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Any termination of your access to the Website under any provision of this TOS may be effected without prior notice, and Merlyn Productions may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. Further, Merlyn Productions shall not be liable to you or any third-party for any termination of your access to the Website.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser. Merlyn Productions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Website.
There are certain links on this Website that will lead you to other sites on the World Wide Web. These links are provided for convenience only, and should not be taken to imply endorsement of any other Website(s). Under no circumstances shall Merlyn Productions be responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or services available on or through any such site.
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH NO WARRANTIES WHATSOEVER. ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MERLYN PRODUCTIONS OR THROUGH OR FROM THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
IN NO EVENT SHALL MERLYN PRODUCTIONS OR THE DIRECTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MERLYN PRODUCTIONS AND/OR THE DIRECTOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE.
The TOS constitute the entire agreement between you and Merlyn Productions and governs your use of the Website, superseding any prior agreements between you and Merlyn Productions. The TOS and the relationship between you and Merlyn Productions shall be governed by the laws of the province of Manitoba and Canada without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Manitoba, Canada, for any claim, cause or action arising out of or relating to this Website or these Terms of Service.
The failure of Merlyn Productions to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Questions, concerns, or feedback arising from these Terms and Notices, as well as reports of any alleged violations of the TOS, may be reported to the Website's Director: