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TERMS
OF USE
This web site is an online information and communication
service provided by Victoria Theatre Association, owner
and operator of the Benjamin and Marian Schuster Performing
Arts Center. Please read these Terms of Use carefully
before using this site. By using this site, you signify
your agreement with these Terms of Use. If you do not
agree with any of the below Terms of Use, do not use this
site. Victoria Theatre Association reserves the right, in its
sole discretion, to modify, alter or otherwise update
these Terms of Use at any time. Such modifications shall
be effective immediately upon posting of the modified
Terms of Use. By using this service after we have posted
notice of such modifications, alterations or updates,
you agree to be bound by the revised terms. Victoria Theatre Association retains the right to deny access to anyone
at its complete discretion for any reason including for
violation of any of these Terms of Use. This web site
provides links to many other web sites affiliated with
Victoria Theatre Association that may have a Terms of Use Policy
different from, or in addition to, the Terms of Use specified
herein, particularly in the case of web sites hosting
third-party content or that allow postings by third-parties.
By accessing such web sites through links provided on
this web site, you agree to abide by each applicable Terms
of Use policy as therein specified.
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TRADEMARKS,
COPYRIGHTS AND RESTRICTIONS
This site is controlled and operated by Victoria Theatre
Association at 138 North Main Street, Dayton, OH 45402.
The phone number is (937) 228-7591. All material on this
site, including, but not limited to images, illustrations,
audio clips, and video clips, is protected by copyrights,
trademarks, and other intellectual property rights which
are owned and controlled by Victoria Theatre Association, its
related companies or by other parties that have licensed
their material to Victoria Theatre Association. Material on
www.schustercenter.org or any web site owned, operated,
licensed or controlled by Victoria Theatre Association
is solely for your personal, non-commercial use. Such
material may not be copied, reproduced, republished, modified,
uploaded, posted, transmitted, or distributed in any way,
including by e-mail or other electronic means, without
the express prior written consent of Victoria Theatre
Association. Use of the materials on any other web site
or networked computer environment, or use of the materials
for any purpose other than personal, non-commercial use
is a violation of Victoria Theatre Association's copyrights,
trademarks and other proprietary rights, and is prohibited.
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LINKS
This site may contain links to other web sites. The linked
sites are for your convenience only, and you access them
at your own risk. Victoria Theatre
Association is not responsible for, and does not
endorse, the content of the linked sites, whether or not
Victoria Theatre Association
is affiliated with sponsors of the sites.
Victoria Theatre Association welcomes links to this site. You
may establish a hypertext link to this site, provided
that the link does not state or imply any sponsorship
or endorsement of your site by Victoria Theatre Association.
You may not use on your site any trademarks, service marks
or copyrighted materials appearing on the Victoria Theatre Association site, including but not limited to any logos
or characters, without the express written consent of
the owner of the mark or right. You may not frame or otherwise
incorporate into another web site any of the content or
other materials on the Victoria Theatre Association site without
prior written consent of Victoria Theatre Association.
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DISCLAIMER
OF WARRANTIES AND LIABILITY
The materials on Victoria Theatre Association's web site are
provided "as is" and without warranties of any
kind either express or implied. Victoria Theatre Association
disclaims all warranties, express or implied, including,
but not limited to, implied warranties of merchantability
and fitness for a particular purpose, other than those
warranties which, under the laws applicable to this agreement,
are implied by law and are incapable of exclusion, restriction,
or modification. Neither Victoria Theatre Association, nor its
affiliated or related entities, nor any person involved
in the creation, production, and distribution of Victoria Theatre Association's web site warrant that the functions
contained in the materials will be uninterrupted or error-free,
that defects will be corrected, or that Victoria Theatre Association
or the server that makes them available are free of viruses
or other harmful components. The material that you read
on Victoria Theatre Association's web site is provided solely
for entertainment and promotional purposes. Victoria Theatre Association does not warrant or make any representations
regarding the use or the results of the use of the materials
in Victoria Theatre Association's web site in terms of their
correctness, accuracy, reliability, or otherwise.
You expressly agree that use of the Victoria Theatre Association
site is at your sole risk. You (and not Victoria Theatre Association)
assume the entire cost of all necessary servicing, repair
or correction. You expressly agree that neither Victoria Theatre Association, nor its affiliated or related entities, nor
any of their respective employees, or agents, nor any
person or entity involved in the creation, production,
and distribution of Victoria Theatre Association's web site
are responsible or liable to any person or entity whatsoever
for any loss, damage (whether actual, consequential, punitive
or otherwise), injury, claim, liability or other cause
of any kind or character whatsoever based upon or resulting
from the use of this site or any other Victoria Theatre Association
web site. By way of example, and without limiting the
generality of the foregoing, Victoria Theatre Association and
related persons and entities shall not be responsible
or liable for any claim or damage arising from failure
of performance, error, omission, interruption, deletion,
defect, delay in operation, computer virus, theft, destruction,
unauthorized access to or alteration of personal records,
or the reliance upon or use of data, information, opinions
or other materials appearing on this site. You expressly
acknowledge and agree that Victoria Theatre Association is not
liable or responsible for any defamatory, offensive or
illegal conduct of other subscribers or third parties.
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INDEMNIFICATION
You agree to indemnify, defend and hold harmless, Victoria Theatre Association, its officers, directors, employees,
agents, licensors, suppliers and any third party information
providers to the Service from and against all losses,
expenses, damages and costs, including reasonable attorneys'
fees, resulting from any violation of these Terms of Use.
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JURISDICTIONAL
ISSUES
Unless otherwise specified, the materials in the Victoria Theatre Association web site are presented solely for the
purpose of entertainment and promoting programs and other
products available in the United States, its territories,
possessions, and protectorates. This site is controlled
and operated by Victoria Theatre Association from its offices
within the State of Ohio, United States of America. Victoria Theatre Association makes no representation that materials
in Victoria Theatre Association's web site are appropriate or
available for use in other locations. Those who choose
to access this site from other locations do so on their
own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable.
This agreement shall be governed by, construed and enforced
in accordance with the laws of the State of Ohio, as it
is applied to agreements entered into and to be performed
entirely within such State. Any action you, any third
party or Victoria Theatre Association bring to enforce this
agreement or, in connection with, any matters related
to this site shall be brought only in either the state
or Federal Courts located in Montgomery County, Ohio,
and you expressly consent to the jurisdiction of said
courts. If any provision of this agreement shall be unlawful,
void, or for any reason unenforceable, then that provision
shall be deemed severable from this agreement and shall
not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between the parties
relating to the matters contained herein and shall not
be modified except in, signed by Victoria Theatre Association.
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PRIVACY
Victoria Theatre Association is very respectful about the privacy
concerns of the visitors to its sites on the Internet.
As a general policy, no personal information is automatically
collected from visitors to this site. However, certain
non-personal information of visitors is recorded by the
standard operation of Victoria Theatre Association's Internet
servers. This information is primarily used to provide
an enhanced online experience for the visitor. Information
tracked includes the type of browser being used by the
visitor (e.g., Netscape, Internet Explorer), the type
of operating system (e.g., Macintosh, Windows) in use
by the visitor and the domain name of the visitor's Internet
service provider (e.g., America Online, Earthlink). By
having this information, web pages optimized for a particular
visitor's computer are automatically made available to
that visitor. Other use of this information may include
internal review of the number of visitors to this site
but only in an aggregate and non-personally-identifiable
form. E-mail addresses and other personally identifiable
data about visitors to this site are known to Victoria Theatre Association only when voluntarily submitted by the user.
Victoria Theatre Association affiliated web sites that are linked
to this site and that engage in any additional information
practices will explain those practices at that site.
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A
SPECIAL NOTE FOR PARENTS CONCERNING PRIVACY
On sites specifically designed for children, Victoria Theatre Association makes a special effort to encourage children
to consult with their parents before furnishing data.
However, Victoria Theatre Association believes that parents
should supervise their children's online activities
and consider using parental control tools available
from online services and software manufacturers that
help provide a kid-friendly online environment. These
tools can also prevent children from disclosing online
their name, address, and other personal information
without parental permission. For additional information
about parental control tools, please consult the "Consumer
Assistance" page of the Direct Marketing Association
home page (www.the-dma.org) .
©2002-2009 Victoria Theatre Association
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