|
Terms of Use |
By purchasing and/or using the Take Home Tales program (the “Program”), you agree that you have read and understand the within Terms of Use and that you will use the Program in accordance with the following terms and conditions.
The Program
Take Home Tales is a program made up of scripts, music, art-making activities, and other support materials for young children to independently participate in a creative theatrical process.
Limited License
Stage 62 grants you a non-exclusive, non-transferable limited license to use the Program in accordance with the above description of the Program. Except as permitted under a separate written authorization, you shall not use the Program for any other purpose.
Artists’ Copyright
All rights reserved. No part of the Program may be reproduced or transmitted in any form or by any means, digital, mechanical, photocopying, recording, or otherwise without the prior written permission of Stage 62 and its contributing artists.
No Warranties
The program is provided as is, where is, with all faults; and Stage 62 expressly disclaims all warranties, whether express or implied, including any warranty quality, merchantability or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Stage 62, its officers, directors, employees, agents, and representatives from and against any loss, expenses, liability, damage, or claim (including reasonable attorneys’ fees) made or brought by any third party arising out of or related to your use or misuse of the program.
Limitation of Liability
In no event will Stage 62, its officers, directors, employees, agents, or representatives be liable for any consequential, incidental, special indirect, punitive or exemplary damages of any kind, whether in contract, tort, strict liability negligence or otherwise, whether or not such damages are foreseen or unforeseen with respect to any use of the program or otherwise arising out of or related to these terms of use. Furthermore, in no event shall the liability of Stage 62 or its purchase price paid by you for the program, even if Stage 62 is advised of the possibility of such damages.
Governing Law, Jurisdiction, and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. Any and all actions, claims, suits, or judicial proceedings arising out of or relating to these Terms of Use shall be instituted and maintained in the Commonwealth of Pennsylvania. The parties hereto irrevocably consent to the exclusive jurisdiction and venue of the state and/or federal courts located in Allegheny County, Pennsylvania.
Assignment
You may not assign or delegate these Terms of Use or any rights or obligations thereunder without Stage 62’s prior written consent. Stage 62 may assign these Terms of Use, in whole or in part, or any rights or obligations thereunder to any person or entity at any time without your consent.
No Waiver
If any part of these Terms of Use is held invalid, illegal, or unenforceable, such part will be construed consistent with applicable law. The remaining provisions of these Terms of Use will remain in full force and effect. Any delay or failure to require performance of any provision by Stage 62 will not constitute a waiver of any of Stage 62’s rights and will not impede Stage 62’s ability to enforce that or any other provision in the future.
Survival
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Entire Agreement
Except as expressly agreed in writing, these Terms of Use constitute the entire agreement between you and Stage 62 with respect to the subject matter herein.
The Program
Take Home Tales is a program made up of scripts, music, art-making activities, and other support materials for young children to independently participate in a creative theatrical process.
Limited License
Stage 62 grants you a non-exclusive, non-transferable limited license to use the Program in accordance with the above description of the Program. Except as permitted under a separate written authorization, you shall not use the Program for any other purpose.
Artists’ Copyright
All rights reserved. No part of the Program may be reproduced or transmitted in any form or by any means, digital, mechanical, photocopying, recording, or otherwise without the prior written permission of Stage 62 and its contributing artists.
No Warranties
The program is provided as is, where is, with all faults; and Stage 62 expressly disclaims all warranties, whether express or implied, including any warranty quality, merchantability or fitness for a particular use or purpose or any warranty as to the validity of any patents or the non-infringement of any intellectual property rights of third parties.
Indemnification
You agree to indemnify, defend, and hold harmless Stage 62, its officers, directors, employees, agents, and representatives from and against any loss, expenses, liability, damage, or claim (including reasonable attorneys’ fees) made or brought by any third party arising out of or related to your use or misuse of the program.
Limitation of Liability
In no event will Stage 62, its officers, directors, employees, agents, or representatives be liable for any consequential, incidental, special indirect, punitive or exemplary damages of any kind, whether in contract, tort, strict liability negligence or otherwise, whether or not such damages are foreseen or unforeseen with respect to any use of the program or otherwise arising out of or related to these terms of use. Furthermore, in no event shall the liability of Stage 62 or its purchase price paid by you for the program, even if Stage 62 is advised of the possibility of such damages.
Governing Law, Jurisdiction, and Venue
These Terms of Use shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflict of laws principles. Any and all actions, claims, suits, or judicial proceedings arising out of or relating to these Terms of Use shall be instituted and maintained in the Commonwealth of Pennsylvania. The parties hereto irrevocably consent to the exclusive jurisdiction and venue of the state and/or federal courts located in Allegheny County, Pennsylvania.
Assignment
You may not assign or delegate these Terms of Use or any rights or obligations thereunder without Stage 62’s prior written consent. Stage 62 may assign these Terms of Use, in whole or in part, or any rights or obligations thereunder to any person or entity at any time without your consent.
No Waiver
If any part of these Terms of Use is held invalid, illegal, or unenforceable, such part will be construed consistent with applicable law. The remaining provisions of these Terms of Use will remain in full force and effect. Any delay or failure to require performance of any provision by Stage 62 will not constitute a waiver of any of Stage 62’s rights and will not impede Stage 62’s ability to enforce that or any other provision in the future.
Survival
Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.
Entire Agreement
Except as expressly agreed in writing, these Terms of Use constitute the entire agreement between you and Stage 62 with respect to the subject matter herein.