PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. BY USING OR ACCESSING THIS WEBSITE OR USING THE SERVICES THEREIN, YOU AGREE TO THESE TERMS AND CONDITIONS OF USE.
Last updated: July 10, 2015
Your Compliance with this Agreement
You acknowledge that this Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which is hereby acknowledged. Without limiting the foregoing, you acknowledge that such consideration includes, without limitation, your ability to visit, use and/or submit information to the Site.
The Site is Not Intended for Minors
Your Access and Use of the Site
Your access and use of the Site may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Site or other actions that ETC, in its sole discretion, may elect to take. ETC reserves the right to suspend or discontinue the availability of the Site and/or any portion or feature of the Site at any time in its sole discretion and without prior notice.
Your Access and Use of Services on the Site
You Must Maintain the Security of Any Password Issued to You. If the Site requires you to create a password to use certain portions of the Site, then it is your sole responsibility to maintain the security of that password. You agree that ETC shall not be liable for any loss that you may suffer as a result of the authorized or unauthorized use of your password by a third party. You shall not allow any person under the age of 18 to use any Service via your registration or password.
You Must Notify ETC of a Breach. You agree to immediately notify ETC of any unauthorized use of your password, any unauthorized use of any account that you may have with ETC, any violation of this Agreement, or any other breach of security known to you in connection with any product or service available on the Site by sending an email to: firstname.lastname@example.org.
You Are Responsible for Your Decisions. ETC and its affiliates, through the Site, may provide a venue through which you can obtain information and you can find third-party service providers ("Service Providers"). ETC does not endorse or recommend the products or services of any Service Provider, and is not an agent or advisor to you or any Service Provider. ETC does not validate or investigate the licensing, certification or other requirements and qualifications of Service Providers. It is your responsibility to investigate Service Providers. You acknowledge and agree that Service Providers are solely responsible for any services that they may provide to you and that ETC shall not be liable for any losses, costs, damages or claims in connection with, arising from or related to your use of a Service Provider's products or services. You acknowledge and agree that you rely on your own judgment in selecting any products or services offered by Service Providers.
No Guarantee of Quotes, Fees, Terms, Rates, Coverage or Services. ETC does not make any warranties or representations regarding any pricing, quotes, fees, terms, rates, discounts, specials, coverage or services offered or made available through the Site or by Service Providers. Any such terms are not agreed upon until you and ETC reach a final agreement.
Fees and Payments
Access and use of the Site is free for general users. At any time, ETC may choose to charge fees for various features and services, and ETC will notify you of those charges at the time that ETC offers features and services for a fee. ETC may, in its sole discretion, and by notifying you on the Site, change this policy and begin charging for access to the Site and other features and services, and ETC may, in its sole discretion, add, remove or change the features and services ETC offers or the fees (including the amount and type of fees) ETC charges at any time. If ETC introduces a new service or charges a new fee, ETC will notify you of the fees for that service at the launch of the service or start of charging a new fee. If ETC notifies you of new fees or changes the fees for an existing service, then you agree to pay all fees and charges specified and all applicable taxes for your continued use of the applicable service.
The Site may act as a venue, through blogs, messaging, chat rooms, bulletin boards and other forums (collectively, the "Forums"), allowing the users of the Site to contribute information and make statements ("User Generated Content"). ETC is not involved in the actual transmission of User Generated Content provided for in the Forums. As a result, ETC does not approve or endorse any User Generated Content in the Forums, and you hereby acknowledge and agree that ETC has no control over the quality, correctness, timeliness, safety, truth, accuracy or legality of any User Generated Content provided by you or any other person or entity in the Forums. You may find User Generated Content posted in the Forums by other users to be offensive, harmful, inaccurate or deceptive. Please use caution and common sense, and do not rely solely on User Generated Content published in the Forums. Without limiting the generality of the foregoing, and although ETC does not regularly review User Generated Content provided for in the Forums, ETC reserves the right, but not the obligation, to remove or edit any User Generated Content in the Forums.
Immediately report problems with the Forums to ETC at email@example.com.
Transmissions, Submissions and Postings to the Site
If you transmit, submit or post information to the Site, including any text, graphics or logos, you automatically grant ETC and its affiliates and assigns the worldwide, fully-paid, royalty-free, nonexclusive right and license to use, copy, format, adapt, publish and/or incorporate any or all such information in any media whatsoever, including, without limitation, the Content (as defined below).
You shall not transmit, submit or post the following to the Site:
- Information that infringes ETC’s or any third party's copyright, patent, trademark, trade secret or other proprietary rights;
- Information that violates any law, statute, ordinance or regulation;
- Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to ETC or third parties or that infringes on ETC’s or any third party's rights of publicity or privacy;
- Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";
- Information that is false, inaccurate or misleading; or
- Commercial advertisements or solicitations without written permission from ETC.
You are solely responsible for all your transmissions, submissions or postings (i.e., your own User Generated Content) and the consequences of transmitting, submitting or posting them.
ETC’s Intellectual Property Rights
ETC’s names, graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of ETC in the United States and/or other countries (collectively, the "Marks"). You may not use the Marks without the prior express written permission of ETC which permission may be withheld in ETC’s sole discretion. ETC makes no claim to any third-party names, trademarks or service marks appearing on the Site. Any third-party names, trademarks, and service marks are property of their respective owners.
The information, advice, data, software and content viewable on, contained in, or downloadable from the Site (collectively, the "Content"), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons and renditions, are owned by, or otherwise licensed to, ETC or its Content suppliers. ETC also owns a copyright of a collective work in the selection, coordination, arrangement, presentation, display and enhancement of the Content (the "Collective Work"). All software used on the Site (the "Software") is the property of ETC or its software vendors and is protected by United States and international copyright laws. Viewing, reading, printing, downloading or otherwise using the Content and/or the Collective Work does not entitle you to any ownership or intellectual property rights to the Content, the Collective Work or the Software.
You shall be solely responsible for any damage resulting from your infringement of ETC’s or any third party's intellectual property rights regarding the Marks, the Content, the Collective Work, the Software and/or any other harm incurred by ETC or its affiliates as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing or using the same for purposes that are contrary to the terms and conditions of this Agreement.
Your Use of the Content
ETC grants you a limited license to access, print, download or otherwise make personal use of the Content and the Collective Work; provided, however, that you shall not delete any proprietary notices and you must otherwise comply with the terms of this Agreement. You may not modify the Content or the Collective Work or utilize them for any commercial purpose or any other public display, distribution, performance, sale, or rental, and may not decompile, reverse engineer, or disassemble the Content and the Collective Work, or transfer or distribute the Content or the Collective Work to another person or entity.
Except as otherwise permitted under the copyright laws of the United States, no other copying, distribution, redistribution, transmission, publication or use, other than the non-commercial use of the Content and the Collective Work as permitted by this Agreement, is permitted by you without the express prior written permission of ETC, which permission may be withheld in ETC’s sole discretion.
You may not use any meta tags or any other "hidden text" utilizing ETC’s name or trademarks without the express written permission of ETC, which permission may be withheld in ETC’s sole discretion.
Access and Interference
You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor the Site or any portion of the Site or for any other purpose, without ETC’s express written permission which may be withheld in ETC’s sole discretion. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in ETC’s sole discretion an unreasonable or disproportionately large load on ETC’s infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for your personal information) from the Site without the prior written permission of ETC and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass any robot exclusion headers or other measures ETC may use to prevent or restrict access to the Site. Notwithstanding the foregoing, ETC grants the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose and solely to the extent necessary for creating publicly available search indices of the materials on the Site. ETC reserves the right to revoke these exceptions either generally or in specific cases. You agree that you will not collect or harvest any personally identifiable information, including account names, from the Site. You agree that you will not use any communication systems provided on the Site (such as Forums or email) for any commercial or solicitation purposes. You agree that you will not solicit for commercial purposes any users of the Site without ETC’s express, written permission, which permission may be withheld in ETC’s sole discretion.
When you visit the Site or send email to ETC, you are communicating with ETC electronically. You consent to receive communications from ETC electronically and via any e-mail address you provide to ETC for any purposes. Although ETC may choose to communicate with you by regular mail, ETC may also choose to communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that ETC provides to you electronically satisfy any legal requirement that such communications be in writing.
Your Responsibility for Equipment and Related Costs
You are responsible for obtaining and maintaining all telephone, computer hardware, Internet access services and other equipment or services needed to access and use the Site, and all costs and fees associated with Internet access or long distance charges incurred with regard to your access and use of the Site.
Third Party Links
There may be provided on the Site links to other Web sites belonging to ETC’s advertisers, business partners, affiliates, Service Providers and other third parties. Such links do not constitute an endorsement by ETC of those Web sites, nor the products or services listed on those Web sites. ETC is not responsible for the activities or policies of those Web sites. ETC does not endorse or recommend the products of any particular advertiser, business partner, affiliate or other third party. ETC does not guarantee that the terms or rates offered by any particular advertiser, business partner, affiliate, Service Provider or other third party on the Site are the best terms or lowest rates available in the market.
If ETC provides aspects of the Site via an application for your mobile or other device, please be aware that your carrier's normal rates and fees may apply and that the terms of this Agreement and other agreements within the application apply to your use of such mobile application.
It is ETC’s policy to comply with the Digital Millennium Copyright Act, title 17, United States Code, Section 512, including, without limitation, responding to notices of alleged copyright infringement, and other applicable intellectual property laws. ETC shall in appropriate circumstances disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights or other intellectual property rights of ETC and/or others.
Notifications (each a "Notification") of claimed copyright infringement should be sent by either express mail or U.S. mail to ETC’s designated agent. ETC’s designated agent contact information is set forth below:
Address to Which Notification Should be Sent:
Via mail: Attn: Webmanster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Via fax: (608) 836-1736
Via email: firstname.lastname@example.org
Pursuant to Title 17, United States Code, Section 512(c)(3), to be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit ETC to locate the material;
- Information reasonably sufficient to permit ETC to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;
- A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the Notification containing the information as outlined in 1 through 6 above, and pursuant to Title 17, United States Code, Section 512:
- ETC will remove or disable access to the material that is alleged to be infringing;
- ETC will forward the Notification to the alleged infringer ("Subscriber"); and
- ETC will take reasonable steps to promptly notify the Subscriber that ETC has removed or disabled access to the material.
Pursuant to Title 17, United States Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a written communication ("Counter Notification") to ETC's designated agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which ETC may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, and pursuant to Title 17, United States Code, Section 512:
- ETC will promptly provide the Complaining Party with a copy of the Counter Notification;
- ETC will inform the Complaining Party that ETC will replace the removed material or cease disabling access to the removed material within ten (10) business days; and
- ETC will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided ETC’s designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on ETC’s network or system.
ETC Makes No Representations or Warranties Regarding the Content
The Content and all services and products associated with the Site are provided to you on an "as-is" and "as available" basis. ETC makes no representations or warranties of any kind, express or implied, as to the operation of the Site or the information, content, materials, products or services included on or associated with the Site. You expressly agree that your use of the Site and all products and services included on or associated with the Site is at your sole risk.
ETC does not make any representations, warranties or guarantees, express or implied, regarding the accuracy, correctness, or completeness of the Content or the services and products associated with the Site, nor the safety, reliability, title, timeliness, completeness, merchantability, conformity or fitness for a particular purpose of the Content or the services and products associated with the Site. It is your sole responsibility to independently evaluate the accuracy, correctness or completeness of the Content and the services and products associated with the Site. ETC makes no representation, warranty or guarantee that the Content that may be available for downloading from the Site is free of infection from any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. ETC does not make any representations, warranties or guarantees, express or implied, regarding any quotes or offers provided on or through the site.
The Site is controlled and offered by ETC from ETC's facilities in the United States of America. ETC makes no representations that the Site is appropriate or available for use in other jurisdictions. If you access or use the Site from other jurisdictions, then you do so by your own volition and are solely responsible for compliance with local law.
Limitations on ETC's Liability
ETC shall in no event be responsible to, or liable to, you, or any third party, whether in contract, warranty, tort (including negligence) or otherwise, for any damages, including, but not limited to, special, incidental, indirect or consequential damages that include, but are not limited to, damages for any loss of profit, revenue or business, as a direct or indirect result of: (i) your breach or violation of the terms and conditions of this Agreement; (ii) your access and use of the Site; (iii) your delay in accessing or inability to access or use the Site for any reason; (iv) your downloading of any of the Content or the Collective Work for your use; (v) your reliance upon or use of the Content or the Collective Work, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ETC AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. ETC'S LIABILITY AND THE LIABILITY OF ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL NOT EXCEED $100.
YOU SPECIFICALLY ACKNOWLEDGE THAT ETC SHALL NOT BE LIABLE FOR USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.
YOU AND ETC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you.
Your Indemnification of ETC
You shall defend, indemnify and hold harmless ETC and its officers, directors, shareholders, employees, independent contractors, agents, representatives and affiliates from and against all claims and expenses, including, but not limited to, attorneys' fees, arising out of, or attributable to: (i) any breach or violation of this Agreement by you; (ii) your failure to provide accurate, complete and current personally identifiable information requested or required by ETC; (iii) your access or use of the Site; (iv) access or use of the Site under any password that may be issued to you; (v) your transmissions, submissions or postings (i.e., your own User Generated Content); and/or (vi) any personal injury or property damage caused by you.
Amendments of this Agreement
ETC reserves the right to update, amend and/or change this Agreement at any time in its sole discretion and without notice. Updates to this Agreement will be posted here. Amendments will take effect immediately upon ETC posting the updated Agreement on the Site. You are encouraged to revisit this Agreement from time to time in order to review any changes that have been made. The date on which this Agreement was last updated will be noted immediately above this Agreement. Your continued access and use of the Site following the posting of any such changes shall automatically be deemed your acceptance of all changes.
You acknowledge that ETC may be irreparably damaged if this Agreement is not specifically enforced, and damages at law would be an inadequate remedy. Therefore, in the event of a breach or threatened breach of any provision of this Agreement by you, ETC shall be entitled, in addition to all rights and remedies, to an injunction restraining such breach or threatened breach, without being required to show any actual damage or to post an injunction bond, and/or to a decree for specific performance of the provisions of this Agreement. For purposes of this Section, you agree that any action or proceeding with regard to such injunction restraining such breach or threatened breach may be brought where you reside or in the courts of Dane County, Wisconsin, or the United States District Court, Western District of Wisconsin. You consent to the jurisdiction of such court and waive any objection to the laying of venue of any such action or proceeding in such court. You agree that service of any court paper may be effected on such party by mail or in such other manner as may be provided under applicable laws, rules of procedure or local rules.
You agree that: (i) the Site shall be deemed solely based in the State of Wisconsin; and (ii) the Site shall be deemed a passive Web site that does not give rise to personal jurisdiction over ETC, its affiliates and assigns, either specific or general, in jurisdictions other than the State of Wisconsin. This Agreement is to be governed by and construed in accordance with the internal laws of the State of Wisconsin, without regard for principles of conflicts of laws. Any civil action, claim, dispute or proceeding arising out of or relating to this Agreement, except for an injunctive action regarding a breach or threatened breach of any provision of this Agreement by you as provided above, shall be brought in the courts of Calumet County, Wisconsin, or the United States District Court, Eastern District of Wisconsin.
If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.
The headings contained in this Agreement are for convenience of reference only, are not to be considered a part of this Agreement, and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement.
All covenants, agreements, representations and warranties made in this Agreement, as may be amended by ETC from time to time, shall survive your acceptance of this Agreement and the termination of this Agreement.
If you have questions, comments, concerns or feedback regarding this Agreement or the Site, please contact ETC via any of the methods set forth below:
- Via telephone: (608)831-4116
- Via fax: (608)836-1736
- Via mail: Attn: Webmaster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
- Via email: email@example.com