Website Terms of Use

 

Last updated May 15, 2020

 

This website is provided by Nebraska Shakespeare, and by accessing nebraskashakespeare.com (the “Website”), you are indicating your acknowledgement and acceptance of these Terms of Use (“TOU”). These Terms of Use are subject to change by Nebraska Shakespeare at any time and in its sole discretion. This TOU constitutes a legally binding agreement between the user or the organization on whose behalf you access the Website (“you” or “your”), on the one hand, and Nebraska Shakespeare, on the other hand. Please read this TOU carefully before using the Website. By using the Website, you acknowledge that you have read this TOU, understand it and agree to be bound by its terms, conditions and guidelines, as we may amend from time to time by posting any revised TOU on the Website. Your use of this Website after such changes are implemented constitutes your acknowledgement and acceptance of the changes. Please consult these TOU from time to time.

 

Violations

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Nebraska Shakespeare may monitor use of this Website to determine compliance with this TOU. Please note that if we determine you have abused or violated the letter or intent of any of these terms, or any applicable law, we may terminate or suspend your access to the Website and all related services, initiate an investigation, remove materials from our servers, issue a warning, block any prohibited activity, and take any other responsive action. Additionally, users who violate this TOU may incur criminal and/or civil liability.

 

User Responsibilities and Restrictions on Use

 

You agree to use the Website and all related services only for lawful purposes and not to allow others to use your account for any unlawful purpose. Use of the Website in violation of these TOU or any applicable law, regulation, ordinance, or other rule imposed by any governmental authority is prohibited. Without limiting the foregoing, you specifically may not:

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1. Monitor, gather or copy any Content (as defined below) on this Website by using any robot, “bot,” spider, crawler, spyware, engine, device, software, extraction tool or any other automatic device, utility or manual process of any kind.

2. Frame or utilize framing techniques to enclose any trademark or other proprietary information (including, without limitation, any images, text or page layout).

3. Attempt to circumvent the security systems of the Website in any way.

4. Attempt to gain unauthorized access to services, materials, other accounts, computer systems or networks connected to any Nebraska Shakespeare server.

5. Attempt to use the Website for any purposes other than those intended by Nebraska Shakespeare, as determined by Nebraska Shakespeare in its sole discretion.

6. Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.

7. Engage in any activity that interferes with a user’s access to this Website or the proper operation of this Website. You also agree that, in using this Website, you will not impersonate any person or entity.

Privacy

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Our use of your information collected on the Website is governed by the terms of  Nebraska Shakespeare Privacy Policy. The Privacy Policy sets forth our sole obligations with respect to user data and privacy.

 

Intellectual Property

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This Website’s overall “look and feel” and the various Nebraska Shakespeare emblems, logos, service marks, trademarks, and other brand indicia found on the Website are the exclusive property of Nebraska Shakespeare and may not be used without the express written permission of Nebraska Shakespeare. All other trademarks that may appear on this Website are the property of their respective owners.

 

Nebraska Shakespeare and/or its licensors own all right, title and interest in and to all content (and all compilations thereof) that appears on or is available through this Website and any other website owned, operated, or controlled by Nebraska Shakespeare, including without limitation all text, music, sounds, photographs, videos, images, illustrations, icons, graphics, headers, typefaces, data, inventory information, databases and software (collectively, the “Content”). The Content is protected by United States and international law. No right, title or ownership interest to any of the Content is assigned, conveyed, or otherwise transferred to you by your use of the Website. You may access and view the Content solely for personal, noncommercial purposes. Use of the Content except as expressly provided in this TOU may violate the intellectual property rights of Nebraska Shakespeare and/or its licensors.

 

Except as set forth in this paragraph, you may not copy, distribute, display, publicly perform, transmit, or broadcast the Content or use the Content to create derivative works or compilations without prior written consent from Nebraska Shakespeare. Furthermore, you may not collect, re-purpose or reuse any data or product listings contained in the Content; sell or attempt to sell the Content; exploit the Content for your own purposes; or make derivative use of the Website or its Content. 

 

Request for Consent to Use Content

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If you wish to use any of this Website’s Content for any purpose other than your individual review and individual educational purposes, please send a request with your proposed use to info@nebraskashakespeare.com so that we may evaluate your proposed use. No approval or permission to use this Website’s Content will be effective unless made in writing by a duly authorized representative of Nebraska Shakespeare. Furthermore, Nebraska Shakespeare reserves the right to revoke its consent any at time.

 

If your request is granted, you assume all risks concerning the suitability and accuracy of the Content which you use. Some uses may require permission from a third party, and you are solely responsible for obtaining any such third-party permissions and paying any royalties that may be due as a result of your use.

 

Amendments and Corrections to Content

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The Content and the functionality of the Website may be updated or changed at any time without prior notice. We do not guarantee the accuracy, completeness or reliability of information appearing on the Website. The Website may contain errors and omissions relating to Nebraska Shakespeare’s programs. We reserve the right to correct or update errors or omissions and to change information at our discretion without prior notice. You agree not to rely on any Content created or posted by us. By using the Website, you agree to hold us harmless from any claims relating to errors or omission on our Website.

 

Indemnity

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You agree to indemnify, defend, and hold us, our partners, telecommunications providers, and service providers, and including the officers, directors, employees and agents of each, harmless from any cause of action, damages, judgments, liabilities, fees, or other costs and expenses (including attorneys’ fees) arising from a third-party claim related to or arising from your use of the Website or any related services, your use of any Content, your violation of the TOU, or your violation of any third-party rights, including without limitation infringement by you or any other user of your account of any trademark, copyright, patent, publicity, privacy, or other rights of any person or entity.

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Limitation of Liability

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In no event will we, our suppliers, service providers, or other third parties affiliated with us be liable for any indirect, incidental, extraordinary, exemplary, punitive or consequential damages whatsoever (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use or inability to use the Website or related services, the results of such services, or any information contained on the Website, or in such services, whether such damages are based on warranty, contract, tort or any other legal theory and whether or not such party is advised of the possibility of such damages. Our aggregate liability and the aggregate liability of any of our suppliers or service providers, arising from or relating to this TOU (regardless of the form of action or claim, e.g., contract, warranty, tort, strict liability, negligence, malpractice, fraud or any other legal theory) is limited to one-hundred U.S. dollars ($100). Applicable law may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

Disclaimer of Warranties

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This Website and all related services are provided on an “as-is” and “as available” basis and with all faults, and the entire risk as to satisfactory quality, performance, accuracy and effort is with you. Except for the express warranties explicitly provided herein, neither we nor our partners or service providers make any representations or warranties of any kind, express or implied, as to the operation of the Website, the Content, any information made available through the Website, or any transactions entered into by you through the Website. To the extent permitted by law, we and our partners and service providers disclaim all warranties, express or implied, including but not limited to, implied warranties of merchantability, accuracy, title, fitness for a particular purpose, non-infringement and quiet enjoyment. Neither we nor our partners or service providers warrant that use of the Website or any related services will be uninterrupted; available at any time or from any location; secure or error-free; or free of viruses or other harmful components. Neither we nor our partners or service providers warrant that the Website will meet your requirements or that any defects will be corrected. Furthermore, neither we nor our partners or service providers make any warranty as to the results that may be obtained from use of the Website, or as to the accuracy, completeness, reliability or timeliness of any information available on or through the Website.

 

You understand and agree that your access and use of the Website is at your own risk and that you will be solely responsible for any damage to your computer or system or loss or data that may result from use or downloading any Content or other material or data from the Website.

 

No advice or information, whether oral or written, obtained by you from us or through the Website shall create any warranty not expressly made herein.

 

Modifications

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Please note that we may change this TOU at any time by posting the modified TOU on the Website, or by otherwise notifying you of such change. Use of the Website after such changes are posted constitutes acceptance of all changes.

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Applicable Law

 

The TOU is governed by and will be construed in accordance with the laws of the state of Nebraska as it is applied to contracts entered into by residents of the state of Nebraska.

 

Disputes

 

Any dispute relating in any way to your visit to this Website or any other website owned, operated or controlled by Nebraska Shakespeare or to products you purchase through this Website will be submitted to confidential arbitration in Omaha, Nebraska. Notwithstanding the preceding sentence, to the extent you have in any manner violated or threatened to violate Nebraska Shakespeare’s intellectual property rights, Nebraska Shakespeare may seek injunctive or other appropriate relief in any state or federal court in the state of Nebraska, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this TOU shall be conducted by a single arbitrator under the rules then prevailing under the Commercial Arbitration Rules of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.

 

Policy for Claims of Infringement of Copyrighted Materials

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If you believe that material is posted on the Website in a manner that infringes your copyright, please notify us by providing the following information in writing to our Legal Department at the address listed below:

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1. A physical or electronic signature of the owner of the allegedly infringed copyright or such owner’s authorized representative.

2. A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at issue, a list of such works.

3. A description of the material on  Nebraska Shakespeare site that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material.

4. The address, telephone number, and, if available, an electronic mail address at which you may be contacted.

5. A statement that you have 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.

6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

 

Address for notice:

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Nebraska Shakespeare
Attn: Legal Department/DMCA Complaint
2500 California Plaza
Omaha, NE 68178
Email: info@nebraskashakespeare.com