STAGECRAFT PRODUCTION SERVICE

TERMS OF USE


PURPOSE OF THIS DOCUMENT


This Terms of Use agreement describes the legal rights and responsibilities binding both on us as the provider and on you as the user of the information provided on this website.

PERSONS OR PARTIES COVERED

This Terms of Use agreement is intended to cover all Website Users, which term shall include all visitors, all subscribers to lists, feeds, or newsletters, all members or affiliates, and all customers. Visitors are persons who visit or view this website, whether intentionally or unintentionally and whether solicited or unsolicited. Subscribers are persons who voluntarily agree to receive postings sent to email distribution lists, channels pulled from RSS feeds or periodic newsletters whether paid or unpaid. Members are persons who join an organization or marketing endeavor (e.g. "affiliates") promoted by this website whether paid or unpaid. Customers include anyone who attempts to order, actually orders, or receives a product sold (e.g. a recipient) or advertised on or delivered from this website, even if at no cost.

DEFINITIONS

In the context of this document, the term Website refers to the entire collection of text, images, sounds, databases, invisible pages, linked pages, programming, trademarks, and all other intellectual property we furnish to provide information and content transmitted via the public Internet to you. The terms we, us, and our refer to the person, people, or other business entity that has created and published the content available on this Website and are the licensed or legal owners of its content and includes our agents, owners,, operators, and employees. The terms you and your refer to any person who visits, reads, uses, or interacts with the content we provide and has a limited license to use the content provided for private, noncommercial uses and includes website users described above. You are parties with us to this legally binding contract agreement and any other document referenced herein. The term we shall be synonymous with the term Seller and the term you shall be synonymous with term Buyer with respect to goods or services whether sold through this Website or because of information furnished via this Website. A license is an express written agreement where we grant you specific permission to access and use some or all of the content and features provided for a stated purpose.

AGREEMENT

We are making the information and content provided to you available in exchange for certain consideration and under conditions which you must consent. If you have not read and agree to meet these conditions, you must immediately exit our website and you many not access our website for any reason whatsoever other than to to read and consent to this agreement until such time as you have complete read and do voluntarily consent to its conditions. No rights or privileges exist for any person who has not read and consented to this agreement without exception.

CONSIDERATION

We allow you to visit, read, use, and interact with the information and content we provide to you in exchange for the following consideration. First, you must agree to read, accept, and comply with all provisions contained in this Terms of Use agreement without exception. Second, you must agree to read, accept, and comply with our stated Privacy Policy without exception. Third, you must agree to read, accept, and comply with our Copyright Notice without exception. Fourth, you must agree to read, accept, and comply with our Purchase Agreement without exception. You are indicating your consent to the foregoing by continuing to visit, read, use, and interact with our website and any feature, object, or service provided by us. In addition, these considerations and conditions may change from time to time and you have a continuing and affirmative duty to periodically review and keep yourself informed of any changes.

PERSONS UNDER THE AGE OF EIGHTEEN (18)

If you are under age eighteen, you may not purchase any product or service offered for sale on our website. In addition, you may neither request nor be granted a license to use our content and intellectual property for any reason whatsoever. Your parent or legal guardian must indemnify and hold us harmless from any claim arising by his or her child's access to our website as an additional condition of your use of our website.

PERSONS UNDER THE AGE OF THIRTEEN (13)

If you are under age thirteen, you may not view or use the information and content provided on our website without parental consent and supervision. Your parent or guardian must furnish their written consent to us before you may access, view, or use our website. You may not submit personal identifying information to us under any conditions.

LICENSE TO VIEW AND USE CONTENT

We hereby grant you the limited right to view and use the information and content provided via our website for personal noncommercial use. We reserve the right revoke this right or to deny access to you for any reason at any time for any reason without exception. Your continued use after we have notified you to cease and desist shall constitute a breech of this license.

You agree to pay to us, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

LICENSE TO REFERENCE

We hereby grant you a limited license to reference our website's main top level page without specific permission; however, we reserve the right to deny such referencing if, in our opinion, such referencing is harmful to us for any reason. Referencing means to mention the Universal Resource Locator (URL), also known as our Website Address in any commercial or noncommercial media. If you intend to reference our website, you should provide us written notice of your intention to do so. You must agree to discontinue referencing immediately upon notification by us by any means--your failure to do shall be considered an unlawful use of our website.

You agree to pay to us, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

LICENSE TO HYPERLINK

We hereby grant you a limited license to hyperlink to our website's main top level page without specific permission; however, we reserve the right to deny such linking if, in our opinion, such linking is harmful to us for any reason. Hyperlinking refers to the furnishing of a link in one web document that causes another web document to load into the user's web browser when the user performs some action such as a mouse click. If you intend to hyperlink to our website, you should provide us written notice of your intention to do so. You must agree to discontinue hyperlinking immediately upon notification by us by any means--your failure to do shall be considered an unlawful use of our website.

You agree to pay to us, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

DEEP LINKING PROHIBITED

You are hereby prohibited from deep linking to any internal web page, object, image, or other feature of our website without our express license to do so. Deep linking refers to accessing internal content of our website directly without accessing our top level page first, then navigating to the desired content. We deem deep linking as theft of our bandwidth.

You agree to pay, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

FRAMING PROHIBITED

You are hereby prohibited from "framing" any page on our website without express written authorization. Framing refers to the practice of targeting a HTML frame contained in an HTML frameset to a page or pages from another website to give the appearance that the framed content is a part of that website.

You agree to pay, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

COMMERCIAL USE PROHIBITED

Except where an express written agreement has been entered into between us and an authorized Licensee, no person shall have the right to use our information and content for commercial or public use including broadcasting, copying, saving, printing, selling, publishing, or other means either mechanically or electronically. You become a Licensee when you have requested and been granted limited permission to use all or a portion of the information or content furnished by our website in exchange for some consideration and for an approved purpose.

You agree to pay to us, on demand, as liquidated damages, the sum of ten thousand U.S. Dollars ($10,000.00) per diem in addition to costs and actual damages for each and every breech of this provision.

THEFT OF INTELLECTUAL PROPERTY PROHIBITED

You are hereby prohibited from the unauthorized use of our website content and intellectual property. We deem such use as theft and will be prosecuted as such. You acknowledge that you are aware that substantial and severe criminal and civil consequences exist for unlawful use of our provided content.

DISCLAIMER FOR SITE CONTENT

While we strive to provide accurate information, we hereby disclaim any responsibility for the accuracy of the content of this website. You hereby assume all risk of viewing, reading, using, or relying upon this information. Absent an express contract to the contrary, you have no right to rely on any information contained herein as accurate and no such warranty should be construed.

DISCLAIMER FOR HARM CAUSED TO YOUR COMPUTER HARDWARE OR SOFTWARE

We assume no responsibility for damage caused to your computer hardware or software or to any person the you subsequently communicate with from corrupt code or data inadvertently transmitted from our website including but limited to viruses, worms, trojans, spyware, or other corrupting factors. You agree to view and interact with our website at your own risk.

DISCLAIMER FOR HARM CAUSED BY DOWNLOADS

We make no express or implied warranty that downloads are free of corrupting computer codes, including, but not limited to, viruses and worms. You understand and agree that you can only download information from our site at your own risk.

LIMITATION OF LIABILITY

You forever waive all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature as the result of viewing, using, or interacting in any manner with our website or any of its features, products, or services.

INDEMNIFICATION

You agree that in the event you cause damage to either our website or anyone else's as a result of that action, which we are required to pay, you promise to reimburse us for all costs expended. Among others, this could include implantation of worms, viruses, or other malicious objects. You agree that any communication between you and us is deemed a submission. You agree that all submissions, including portions thereof, graphics contained thereon, or any of the content of the submission, shall become our exclusive property and may be used, without further permission, for commercial use without additional consideration of any kind. You agree to only communicate that information to us which you wish to forever allow us to use in any manner we see fit.

REVISIONS TO THIS TERMS OF USE AGREEMENT WITHOUT NOTICE

This Terms of Use agreement is dynamic and subject to continual change. You may not assume that it remains the same and you agree that you have an affirmative duty to review this Terms of Use agreement each time you visit our website. Unless, in our sole opinion, this policy changes so drastically as to suggest a posted notification on the website or via email, you will receive no notification of changes to this Terms of Use agreement nor, under any circumstances, do we promise notification. By continuing to view and use our website, you accept the terms this Terms of Use agreement or any modifications thereto.

DISPUTE RESOLUTION

You understand and agree to use binding arbitration for any claim, dispute, or controversy of any kind, whether in contract, tort, or equity, arising out of or relating to your use of our Website in any manner with respect to all matters of privacy or solicitation or relating to the terms of this Terms of Use agreement. Arbitration shall be conducted pursuant to the rules of the American Arbitration Association which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605, telephone (212) 716-5800, on the web at www.adr.org. All hearings shall take place in the city or county of our stated location.

In addition, you understand and agree:
  • that under no condition shall disputes be taken to court or by heard by jury trial;
  • that all pretrial discovery shall be limited to those provided in the the American Arbitration Association rules;
  • that you have no right to participate as a class representative or as a member of any class of claimants pertaining to any claim against us;
  • that the Arbitrator's decision will be final and binding with limited appellate rights; and
  • that each party shall be responsible for their respective share of the arbitrator's fees as provided in the American Arbitration Association rules;
  • that the prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, and travel expenses.

JURISDICTION AND VENUE

You understand and agree that any dispute concerning this Terms of Use agreement that cannot be resolved through binding arbitration shall be brought in a court of competent jurisdiction and venue appropriate to our location as stated herein.

APPLICABLE LAW

You understand and agree that this Terms of Use agreement shall be interpreted under United States and Ohio law.

ENTIRE AGREEMENT

This Terms of Use agreement along with the the Privacy Policy, Purchase Agreement, and Copyright Notice constitutes the entire agreement between the parties and may not be amended or modified except in writing and signed by both parties. No oral representations shall affect the substance of this agreement.

These documents are legally binding contractual agreements. You should print out a copy of them and retain with your important legal papers.

SEVERABILITY

You understand and agree that if any portion of this Terms of Use agreement shall be deemed illegal or unenforceable by a court of competent jurisdiction, only that portion of this agreement shall be struck and only to the extent necessary to bring it into conformance with the law. The remainder of this agreement shall continue unchanged with full force and effect.

QUESTIONS, COMMENTS, OR CONCERNS

You should direct questions, comments, or concerns about this Terms of Use agreement to our Designated Agent at the address listed below.

WEBSITE PROVIDER CONTACT INFORMATION


COPYRIGHT AND LICENSE

This Terms of Use agreement is the copyrighted intellectual property of SPS Technical Service, 41 West Sixth Street, Franklin, Ohio 45005, USA, telephone (937) 514-2350, email: terms@spstechnical.com and a license has been granted for limited use by this Website. Any other use is prohibited without the express written consent of the copyright owner. All rights are reserved without exception.


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