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PUPPETRY ARTS THEATRE, INC. TERMS OF USE

The following Terms of Use are entered into by and between The Puppetry Arts Theatre, Inc. (“Company,” “we,” or “us”) and each user of the website located at http://puppetryarts.org (“Website”) or the Tuffy Tiger mobile application (“App”) (such users, “you” or “your”).  Note that the Website and App (together, the “Platform”) is property of The Puppetry Arts Theatre, Inc.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use” or “Agreement”), govern your access to and use of the Platform, including any content, functionality and services offered on or through the Platform , whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Platform.  By using the Platform or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.  If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Platform.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter.  Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page from time to  time so you are aware of any changes, as they are binding on you.

PRIVACY

Your use of the Platform is also subject to the Company’s Privacy Policy, available at PUPPETRY ARTS THEATRE, INC. PRIVACY POLICY Privacy Policy. .  Please review our Privacy Policy, which also governs the Platform and informs users of our data collection practices.  Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.

ACCESSING THE PLATFORM AND ACCOUNT SECURITY

We reserve the right to withdraw or amend this Platform and any service or material we provide on the Platform in our sole discretion without notice.  We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.  From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information.  It is a condition of your use of the Platform and any resources downloaded from the Platform that all the information you provide on the Platform is correct, current, and complete.  You agree that all information you provide to register with this Platform or otherwise, including but not limited to through the use of any interactive features on the Platform, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password or other security information.  You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE AND INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Platform and the resources available for download from the Platform strictly in accordance with these Terms of Use.

As a condition of your use of the Platform, you warrant to the Company that you will not use the Platform or any of the resources available for download from the Platform for any purpose that is unlawful or prohibited by these Terms of Use.  You may not use the Platform or any of the resources available for download from the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party’s use and enjoyment of the Platform.

You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Platform.

All content included on the Platform, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Platform, is the property of the Company 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 Platform or any of the resources available for download from the Platform.

The Company content is not for resale.  Your use of the Platform or any of the resources available for download from the Platform 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 individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner.  You agree that you do not acquire any ownership rights in any protected content.  We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms of Use.

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors.  You must not use such marks without the prior written permission of the Company.  All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Platform and the resources available for download through this Platform are for educational and informational purposes only.  The information contained on this Platform and the resources available for download through this Platform is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

PERSONAL RESPONSIBILITY

By using this Platform, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Platform  or the resources available for download from this Platform.  You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Platform.

USE OF COMMUNICATION SERVICES

The Platform may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections 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.

The Company has no obligation to monitor the Communication Services.  However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion.  The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

The Company 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 the Company’s sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service.  The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company 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 the Company spokespersons, and their views do not necessarily reflect those of the Company.

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 THE PLATFORM

We do not ask for nor do we wish to receive any confidential, secret or proprietary information or other material from you through Platform, by email or in any other way.  If you post, upload, transmit or submit any materials, content (including, for example, any photographs), information or ideas to the Platform (your “Submission”), (i) you represent and warrant that such Submission is original to you, that no other party has any rights thereto, and that any "moral rights" in such Submission have been waived, and (ii) you grant to the Company a non-exclusive, fully-paid, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and sublicensable, and worldwide license in all current and future media to reproduce, modify, adapt, publish, publicly perform and display, distribute, sublicense, create derivative works, sell, and otherwise use such Submission for any purpose, commercial or otherwise, in its sole discretion, without any compensation to you.  The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.  

LINKS TO THIRD PARTY PLATFORMS AND SERVICES

The Platform may contain links to other websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website.  The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Platform or any association with its operators.

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

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY

The Platform provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. The Company specifically disclaims any liability concerning any action that any person may take based on any information or guidance provided at the Platform.

The Company does not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Platform or any of content on the Platform.  The Company is not liable for any errors, omissions, or inaccurate content on the Platform.

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS PLATFORM AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS PLATFORM.  YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE  OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS PLATFORM.

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE PLATFORM MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PLATFORM AT ANY TIME.

THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS REGARDING THE PERFORMANCE OR OPERATION OF THIS PLATFORM OR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM 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. THE  COMPANY  AND/OR  ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND  CONDITIONS  WITH REGARD TO THE PLATFORM AND ANY INFORMATION,  SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE PLATFORM, 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 THE COMPANY 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 PLATFORM, WITH THE DELAY OR INABILITY TO USE THE PLATFORM OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PLATFORM, OR OTHERWISE ARISING OUT OF THE USE OF THE PLATFORM,   WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY 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. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY CONTENT POSTED, TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE PLATFORM (INCLUDING, WITHOUT LIMITATION, ANY SUBMITTED MATERIALS). IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE PLATFORM OR FOR ANY OF YOUR ACTIVITIES ON THE PLATFORM. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PLATFORM.

INTERNATIONAL USERS

The Platform is controlled, operated and administered by or on behalf of the Company within the U.S.A. If you access the Platform from a location outside the U.S.A., you are responsible for compliance with all local laws. You agree that you will not use any content accessed through the Platform in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, 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 Platform or services, any user postings made by you, your violation of any terms of this Terms of Use or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company 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 the Company in asserting any available defenses.

TERMINATION AND ACCESS RESTRICTION

The Company reserves the right, in its sole discretion, to terminate, change, suspend, or discontinue any aspect of the Platform at any time, or to terminate, change, suspend, or discontinue your access to the Platform and the related services or any portion thereof at any time, without notice. You may terminate these Terms of Use by discontinuing your use of and access to the Platform. These Terms of Use are effective until terminated by you, or by the Company, for any reason, with or without notice. Upon any termination of these Terms of use, you agree to discontinue your use and access of the Platform and to immediately destroy all materials obtained from it. Use of the Platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms of Use, including, without limitation, this section.

NO JOINT VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Platform. The Company’s performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Platform or information provided to or gathered by the Company with respect to such use.  If any part of these Terms of Use 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.

ENTIRE AGREEMENT; MISCELLANEOUS

Unless otherwise specified herein, these Terms of Use, along with the Privacy Policy, constitutes the entire agreement between the user and the Company with respect to the Platform and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Platform.  A printed version of these Terms of Use and of any notice given in electronic form  shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use 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 or the parties that these Terms of Use and all related documents be written in English. 

These Terms of Use are governed by and are construed in accordance with the laws of the State of New York, United States, without regard to conflicts of law provisions.  You consent to the exclusive jurisdiction and venue of courts in New York County, New York, United States. in all disputes arising out of or relating to your use of the Platform.  Notwithstanding the foregoing, the Company shall have the right to bring action against users of the Platforms in courts of competent jurisdiction in the jurisdiction in which such visitors reside or are located: (i) to seek injunctive relief against such user, (ii) to obtain a judgment against such user where a judgment by a United States court will, or may, not be enforced by the jurisdiction in which such visitor resides or is located, or (iii) to enforce a judgment obtained against such visitor in a New York court.

If any part of these Terms of Use is determined to be invalid or unenforceable under applicable law including but not limited to the warranty disclaimers and liability limitations stated 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.

You agree that the Company may assign any of its rights and/or transfer, subcontract, or delegate any of its obligations under these Terms of Use. These Terms of Use are personal to you and you may not transfer or assign it to a third party.

The Company’s failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Any rights not expressly granted in these Terms of Use are reserved to the Company.

CHANGES TO TERMS

The Company reserves the right, in its sole discretion, to change the Terms of Use under which the Platform is offered.  The most current version of the Terms of Use will supersede all previous versions.  The Company encourages you to periodically review the Terms of Use to stay informed of our updates.

CONTACT

The Company welcomes your questions or comments regarding the Terms of Use:  

Phone: 718-578-8471

Email: info@puppetryarts.org with the subject line “Terms of Use”

Address: Puppetry Arts Theatre, Inc.

        PO Box 317

        New York, NY 10113-0317

 

Effective as of June 2021.

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©2021 T E Young/Puppetry Arts New York | Charleston.

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