Agreement between User and www.musicaltheatreguild.com
Welcome to www.musicaltheatreguild.com. The www.musicaltheatreguild.com website (the “Site”) is comprised of various web pages operated by Musical Theatre Guild (“MTG”). www.musicaltheatreguild.com is offered to the User (“You”) conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.musicaltheatreguild.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. By accessing, browsing, or using this Site, you acknowledge that you have read, understand these Terms and Conditions and you agree to be unconditionally bound by these Terms and Conditions.
www.musicaltheatreguild.com is a Non-Profit Site.
MTG’s website is for the use of our patrons to access the purchase of tickets to MTG’s theatrical productions, educational information and to donate to MTG as a California non-profit 501(c)(3) corporation.
You agree and continue to agree to use our web site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.
These are the Terms and Conditions governing the use of this Site and the agreement that operates between You and MTG’s Site. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Site.
Your access to and use of the Site is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Site.
By accessing or using the Site You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Site.
You represent that you are over the age of 13. The Company does not permit those under 13 to use the Site.
Registration Obligations & Your Information
In order to sign up for an account on this Site you will be required to register by filling out the registration form. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update that information to keep such information true, accurate, current and complete. You may be asked to supply certain information relevant to Your order or donation including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. We do not independently verify any information you provide, and we will not be liable in any way for inaccurate or fraudulently provided information or fraudulent donations or purchases.
You represent and warrant that: (i) You have the legal right to use a credit or debit card(s) or other payment method(s) in connection with any donation or order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your order.
Registration Password and Security
You will receive a password and user I.D. upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user I.D., and you are fully responsible for all activities that occur under your password or user I.D. You are to (a) immediately notify us of any unauthorized use of your password or user I.D. or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Users of our Site are strictly prohibited from violating or trying to violate the security features of the Site, such as by (1) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Site, you hereby agree not to use any device, software, or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers like Firefox, Safari, or Chrome.
Payments & Donations
You may make donations or payments through this Site by using certain types of credit cards listed on the applicable purchase pages of the Site. The means of payment or acceptance of certain credit cards may be changed from time to time by updating the posting on the payment page of this Site, but without notice to you.
We accept donations through this Site by credit cards in accordance with the provisions under “Payments & Donations” above. Donations made to MTG on this Site are tax-deductible. Once we have processed your donation, we will send you via e-mail appropriate information to allow you to claim your deductions. We will not be liable in any way for tax deductions which are disallowed for any reason, including but not limited to our loss of charitable status or any change in the tax code or regulations. We do not independently verify any donor information, and we will not be liable in any way for inaccurate or fraudulently provided information or fraudulent donations. We do not knowingly accept donations from any person under the age of 18.
Pricing and Availability of Tickets
Tickets to our events and educational programs are sold through several distribution methods, including through this Site, by phone, and at the box office of the Alex Theatre. Prices displayed on this Site or third party sites are valid as of the time they are posted, and will be honored if purchased at that time, but are subject to change without notice to You by updating the posting on the Site. Prices include certain processing fees and taxes, which may not be refundable in certain cases. Prices for events or program enrollment, and for particular seating at any given event or space in any given educational program, may be different depending upon whether You purchase tickets or enroll through this Site, by phone or at the box office. All distribution methods access the same ticketing system and inventory with the following exceptions: American Sign Language-interpreted performances, wheelchair seating and select special events. Tickets for these events are available through The Alex Theatre Box Office only. Call (818) 254-8456. For this reason, tickets for certain seats or events or slots for educational programs may sell out quickly, and may not be available through this Site.
Cancelled or Postponed Events
Occasionally, events or programs are postponed or cancelled due to reasons such as, among others, weather, safety, injury or acts of God. If this occurs, the Site will be updated as soon as possible to reflect such cancellation or postponement. Please refer to the Alex Theatre website for information regarding exchanges or refunds. You can contact the Alex Theatre box office via phone at (818) 254-8456.
Refunds or Exchanges
It is your responsibility to review your selection of events and seating. We do not provide refunds or exchanges for tickets purchased on this Site to events which occur as scheduled.
Please refer to the Alex Theatre website for information regarding exchanges or refunds.
Delivery of Tickets
Please refer to the Alex Theatre website, www.alextheatre.org.
In consideration of your donations or payments through this Site, You agree to: (a) provide true, accurate, current and complete information about Yourself as prompted by the Site, including true and correct name, address and credit card number and expiration date. If You provide any information that is untrue, inaccurate, not current or incomplete, or MTG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MTG has the right to terminate Your purchase and sell the tickets or enrollment to another customer. MTG does not independently verify any customer information, and MTG will not be liable in any way for inaccurate or fraudulently provided information or fraudulent purchases. MTG does not knowingly transact on this Site with any person under the age of 18. If You are under the age of 18, You are not allowed to process any donation or payment on this Site. Your parent or guardian must make donations or payments on Your behalf.
Visiting www.musicaltheatreguild.com or sending emails to MTG constitutes electronic communications. You consent to receive electronic communications and You agree that all agreements, notices, disclosures and other communications that MTG provides to You electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
Your User Account
When You create an account on this Site, You must provide MTG information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on MTG’s Site.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
You will receive a password and user I.D. upon completing the registration process. If You use this Site, you are responsible for maintaining the confidentiality of Your account, the password and user I.D., and for restricting access to Your computer, and You are fully responsible for all activities that occur under Your account, password or user I.D. You are to (a) immediately notify MTG of any unauthorized use of Your password or user I.D. or any other breach of security, and (b) ensure that You exit from your account at the end of each session. MTG cannot and will not be liable for any loss or damage arising from Your failure to comply with this section. You may not assign or otherwise transfer Your account to any other person or entity. You acknowledge that MTG is not responsible for third party access to Your account that results from theft or misappropriation of Your account. MTG and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in MTG’s sole discretion.
Children Under Thirteen
MTG 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 www.musicaltheatreguild.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
www.musicaltheatreguild.com may contain links to other third party websites (“Linked Sites”). The Linked Sites are not under the control of MTG and MTG 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. MTG is providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by MTG of the site or any association with its operators.
Certain services made available via www.musicaltheatreguild.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.musicaltheatreguild.com domain, You hereby acknowledge and consent that MTG may share such information and data with any third party with whom MTG has a contractual relationship to provide the requested product, service or functionality on behalf of www.musicaltheatreguild.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 www.musicaltheatreguild.com strictly in accordance with these Terms and Conditions. As a condition of Your use of the Site, You warrant to MTG that You will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. 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 Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of MTG or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. 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 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. MTG 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. 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 MTG and the copyright owner. You agree that You do not acquire any ownership rights in any protected content. MTG does not grant You any licenses, express or implied, to the intellectual property of MTG or MTG’s licensors except as expressly authorized by these Terms and Conditions.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable You to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, You agree that when using a Communication Service, You will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless You own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that You know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
MTG has no obligation to monitor the Communication Services. However, MTG reserves the right to review materials posted to a Communication Service and to remove any materials in MTG’s sole discretion. MTG reserves the right to terminate Your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MTG reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MTG’s sole discretion.
Always use caution when giving out any personally identifying information about Yourself or Your children in any Communication Service. MTG does not control or endorse the content, messages or information found in any Communication Service and, therefore, MTG specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MTG spokespersons, and their views do not necessarily reflect those of MTG.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if You upload the materials.
Materials Provided to www.musicaltheatreguild.com or Posted on Any MTG Web Page
MTG does not claim ownership of the materials You provide to www.musicaltheatreguild.com (including feedback and suggestions) or post, upload, input or submit to any MTG Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MTG, our affiliated companies and necessary sublicensees permission to use Your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat Your Submission; and to publish Your name in connection with Your Submission.
No compensation will be paid with respect to the use of Your Submission, as provided herein. MTG is under no obligation to post or use any Submission You may provide and may remove any Submission at any time in MTG’s sole discretion.
By posting, uploading, inputting, providing or submitting Your Submission You warrant and represent that You own or otherwise control all of the rights to Your Submission as described in this section including, without limitation, all the rights necessary for You to provide, post, upload, input or submit the Submissions. In addition, by uploading Your Submission You are granting MTG a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit Your Submission without restriction.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide MTG. If for any reason such assignment is ineffective, You agree to grant MTG a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Third Party Accounts
You will be able to connect your MTG account to third party accounts. By connecting Your MTG account to Your third party account, you acknowledge and agree that You are consenting to the continuous release of information about You to others (in accordance with Your privacy settings on those third party sites). If You do not want information about You to be shared in this manner, do not use this feature.
The Site is controlled, operated and administered by MTG from our offices within the USA. If You access the Site from a location outside the USA, You are responsible for compliance with all local laws. You agree that You will not use the MTG Content accessed through www.musicaltheatreguild.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless MTG, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s 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. MTG reserves the right, at MTG’s 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 MTG in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and MTG agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
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. MUSICAL THEATRE GUILD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
MUSICAL THEATRE GUILD 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. MUSICAL THEATRE GUILD 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.
MTG 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 and Conditions, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between You and MTG as a result of this agreement or use of the Site. MTG’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MTG’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 MTG 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 MTG with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and MTG 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 and 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.
Severability and Waiver
If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
Changes to Terms and Conditions
MTG reserves the right, in its sole discretion, to change the Terms and Conditions under which www.musicaltheatreguild.com is offered. The most current version of the Terms and Conditions will supersede all previous versions. MTG encourages You to periodically review the Terms and Conditions to stay informed of our updates.
MTG welcomes Your questions or comments regarding the Terms and Conditions:
Musical Theatre Guild
13333 Ventura Blvd., #201
Sherman Oaks, California 91423
Effective as of October 24, 2021
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