By using our site you automatically agree to the following Terms and Conditions of Use:
1. Use of Website: You acknowledge that all content on the TheaterPrint.com site, including, without limitation, text, data, software, names, logos, trademarks, service marks, trade names, images, photos and illustrations, are copyrighted intellectual property. All usage rights are owned and controlled by TheaterPrint, LLC. You may not copy, reproduce, republish, upload, post, transmit or distribute Site Content in any way or for any purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the TheaterPrint.com site. Any attempts to modify any site content or to defeat or to circumvent our security features is prohibited.
2. Products, Content and Descriptions: All of our products, their features, content, specifications and prices, are subject to change at any time without notification. Certain weights, measures and descriptions are approximate and have been stated for your convenience only. We make every possible effort to describe our products accurately. However, some products may appear slightly differently on the web site, especially color which depends on individual monitors. The inclusion of products and services on this web site at a certain time does not imply or warrant that those products or services will be available on this web site at any time.
3. Accuracy of Information: TheaterPrint, LLC attempt to ensure that information on this web site is accurate, complete and current. However, in spite of our best efforts, information could be inaccurate, incomplete or not current. We must, therefore, make no representation as to how accurate, complete or current the information on this web site is at any given time. Accordingly, products on the web site may be unavailable, have different attributes than those listed or may have a different price than listed on the web site. In addition, we may make changes in information about price and availability without notice. It is our practice to confirm orders by email, however, receiving an email confirmation does not constitute our acceptance of that order or our confirmation of an offer to sell a product or a service. We reserve the right, without prior notice, to limit the quantity on any product or service. We also reserve the right to refuse service to any customer. In some cases, we may require verification of information prior to accepting or shipping an order.
4. Shipping Limitations: When an order is placed, it will be shipped to the address given by the purchaser under the conditions that that address complies with the shipping restrictions described on the web site. All purchases on this web site are made pursuant to a shipping contract. All purchases are shipped insured.
5.Linking to this Website: It is prohibited to create or maintain any link from another web site to any page on this web site without the permission of TheaterPrint, LLC. Any links that are permitted to this web site must comply with all applicable laws, rules and regulations.
6. Third Party Links: If we have provided referrals to and links to other World Wide Web sites from our site, such links should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. We have provided them as a convenience to you. When you access those sites, you leave this web site. TheaterPrint.com is not responsible for the content or practices of third party sites that may be linked to our site. When TheaterPrint.com provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that TheaterPrint.com is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of TheaterPrint.com site, including its respective employees, agents or directors. If you decide to access any web site linked to or from this web site, you do so entirely at your own risk.
7. Inappropriate Material: You are prohibited from posting or transmitting any unlawful, libelous, obscene, threatening, defamatory, pornographic or profane material or any such material that could constitute or encourage conduct that would be considered a criminal offence or give rise to civil liability or otherwise violate any law. TheaterPrint, LLC will fully cooperate with the law if you violate or attempt to violate the above prohibition.
8. User Information: Your personal information is encrypted and protected according to our Privacy Policy. Other material, information, suggestions, ideas, questions, comments or other communication you transmit or post to this web site will be considered non-confidential and non-proprietary. TheaterPrint, LLC can use that material for commercial and non-commercial purposes. TheaterPrint, LLC may, but are not obligated to, monitor or review any User Communications. Theater Print, LLC shall have no obligations to use, return, review, or respond to any User Communications. TheaterPrint, LLC will incur no liability related to the content of such User Communications. TheaterPrint, LLC retain the right to remove any or all User Communications.
9. DISCLAIMERS: YOUR USE OF THIS SITE IS AT YOUR RISK. THE MATERIALS AND SERVICES PROVIDED IN CONNECTION WITH THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. TheaterPrint, LLC NOR ANY OF ITS AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR SERVICES ON OR THROUGH THIS WEB SITE. THE MATERIALS AND SERVICES ON OR THROUGH THIS WEB SITE MAYBE OUT OF DATE, AND TheaterPrint, LLC NOR ANY OF ITS AFFILIATES MAKE ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEB SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TheaterPrint, LLC HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TheaterPrint, LLC HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, PRODUCT SAFETY, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS
10. Limitations of Liability: You agree that the use of TheaterPrint.com is at the sole risk of you, the user, and is without warranties of any kind by TheaterPrint, LLC implied or otherwise, including warranties of title, fitness for purpose, merchant ability or non-infringement. TheaterPrint.com and its owner, TheaterPrint, LLC, or any other party involved in creating, producing, or distributing this web site, will not be liable for any damages or injury that accompany or result from your use if any of its site.
These include (but are not limited to) damages or injury caused by any:
- Use of (or inability to use) the site or the products described on the site
- Use of (or inability to use) any site to which you hyperlink from our site
- Failure of our site to perform in the manner you expected or desired
- Error on our site
- Omission on our site
- Interruption of availability of our site
- Defect on our site Delay in operation or transmission of our site
- Computer virus or line failure
- Please note that we are not liable for any damages, including:
a. Damages intended to compensate someone directly for a loss or injury
b. Damages reasonably expected to result from a loss or injury (known in legal terms as "consequential damages.")
c. Other miscellaneous damages and expenses resulting directly from a loss or injury (known in legal terms as "incidental damages.")
We are not liable even if we've been negligent or if our authorized representative has been advised of the possibility of such damages or both.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
However, in any event, our liability to you for all losses, damages, injuries, and claims of any and every kind (whether the damages are claimed under the terms of a contract, or claimed to be caused by negligence or other wrongful conduct, or they're claimed under any other legal theory) will not be greater than the amount you paid if anything to access our site.
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, directors, agents, shareholders, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another.
IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE OR ANY CONTENT ON THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER’S OR SUPPLIER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEB SITE.
11. Revisions to these Terms and Conditions: TheaterPrint, LLC may revise and update these Terms and Conditions at any time and from time to time. You should visit this page from time to time to view the current Terms and Conditions since they are binding on you.
12. Termination of this Agreement: If you no longer agree to be bound by these Terms and Conditions of Use, you must cease the use of the Site. This agreement is effective until terminated by either party. You or we may terminate your account or your use of this site for any reason or for no reason. TheaterPrint, LLC reserve the right to change, suspend, or discontinue all or any aspect of this web site at any time and without notice. Further, you agree that we shall not be liable to you or any third-party for any termination of your access to the Site.
13. Jurisdiction and Other Points to Consider:
If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.
These Terms and Conditions of Use supersede any other agreement between you and TheaterPrint, LLC to the extent necessary to resolve any inconsistency or ambiguity between them.
These Terms and Conditions of Use shall be governed by, construed and enforced in accordance with the laws of the state of New York as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: New York, USA. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: New York, USA. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
A printed version of these Terms and Conditions of Use shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
If you do not understand any of the foregoing Terms and Conditions of Use or if you have any questions or comments, we invite you to contact our Customer Service Department at info @ TheaterPrint.com.
TheaterPrint, LLC is a limited liability company incorporated in New York and conducts business as TheaterPrint.com.
Revised June 29, 2010