Chattanooga Theatre Centre Service Agreement

THANK YOU FOR CHOOSING the Chattanooga Theatre Centre

1. What the Contract Covers.
This is a contract between you and the The Little Theatre, Inc. Sometimes the The Little Theatre, Inc. is referred to as "Chattanooga Theatre Centre," "CTC," "Theatre Centre," "The Little Theatre," "we," "us" or "our". This contract applies to any CTC software or services, including updates, that you use while this contract is in force. All of the software or services are referred to in this contract as the "service." Please note that we do not provide warranties for the service. The contract also limits our liability. These terms are in sections 8 and 9.

2. When You May Use the Service.
You may start using the service as soon as you have finished the sign-up process.

3. How You May Use the Service.
In using the service, you will: obey the law; obey any codes of conduct or other notices we provide; keep your service account password secret; and promptly notify us if you learn of a security breach related to the service.

4. How You May Not Use the Service.
In using the service, you may not: use the service in a way that harms us or our affiliates, and/or vendors (collectively, the "CTC parties"), or any customer of a CTC party; engage in, facilitate, or further unlawful conduct; use any portion of the service as a destination linked from any unsolicited bulk messages or unsolicited commercial messages ("spam"); use any automated process or service to access and/or use the service (such as a BOT, a spider, periodic caching of information stored by CTC, or "meta-searching"); use any unauthorized means to modify or reroute, or attempt to modify or reroute, the service; damage, disable, overburden, or impair the service (or the network(s) connected to the service) or interfere with anyone's use and enjoyment of the service; or resell or redistribute the service, or any part of the service.

5. You Are Responsible For Your Service Account.
Only you may use your service account. You may not authorize any third party to access and/or use the service on your behalf.

6. Your Materials.
You may be able to submit materials for use in connection with the service. Except for material that we license to you, we do not claim ownership of the materials you post or otherwise provide to us related to the service (called a "submission"). However, by posting or otherwise providing your submission, you are granting to the public free permission to: use, copy, distribute, display, publish and modify your submission, each in connection with the service; publish your name in connection with your submission; and grant these permissions to other persons. This section only applies to legally permissible content and only to the extent that use and publishing of the legally permissible content does not breach the law. We will not pay you for your submission. We may refuse to publish, and may remove your submission from the service at any time. For every submission you make, you must have all rights necessary for you to grant the permissions in this section.

7. Privacy.
In order to operate and provide the service, we collect certain information about you. We may access or disclose information about you, including the content of your communications, in order to: (a) comply with the law or respond to lawful requests or legal process; (b) protect the rights or property of CTC or our customers, including the enforcement of our agreements or policies governing your use of the service; or (c) act on a good faith belief that such access or disclosure is necessary to protect the personal safety of CTC employees, customers or the public. We may use technology or other means to protect the service, protect our customers, or stop you from breaching this contract. These means may include, for example, filtering to stop spam or increase security. These means may hinder or break your use of the service. In order to provide you the service, we may collect certain information about service performance, your machine and your service use. We may automatically upload this information from your machine.

8. WE MAKE NO WARRANTY.
We provide the service "as-is," "with all faults" and "as available." We do not guarantee the accuracy or timeliness of information available from the service. The CTC parties give no express warranties, guarantees or conditions. You may have additional consumer rights under your local laws that this contract cannot change. We exclude any implied warranties including those of merchantability, fitness for a particular purpose, workmanlike effort and non-infringement.

9. LIABILITY LIMITATION.
You cannot recover any damages, including consequential, lost profits, special, indirect, incidental or punitive damages from the CTC parties. This limitation applies to anything related to: the service, content (including code) on third party Internet sites, third party programs or third party conduct, viruses or other disabling features that affect your access to or use of the service, incompatibility between the service and other services, software and hardware, delays or failures you may have in initiating, conducting or completing any transmissions or transactions in connection with the service in an accurate or timely manner, and claims for breach of contract, breach of warranty, guarantee or condition, strict liability, negligence, or other tort. It also applies even if: this remedy does not fully compensate you for any losses, or fails of its essential purpose; or CTC knew or should have known about the possibility of the damages. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. They also may not apply to you because your province or country may not allow the exclusion or limitation of incidental, consequential or other damages.

10. Changes to the Service; If We Cancel the Service.
We may change the service or delete features at any time and for any reason. We may cancel or suspend your service at any time. Our cancellation or suspension may be without cause and/or without notice. Upon service cancellation, your right to use the service stops right away. Once the service is cancelled or suspended, any data you have stored on the service may not be retrieved later.

11. Interpreting the Contract.
All parts of this contract apply to the maximum extent permitted by law. A court may hold that we cannot enforce a part of this contract as written. If this happens, then you and we will replace that part with terms that most closely match the intent of the part that we cannot enforce. The rest of this contract will not change. This is the entire contract between you and us regarding your use of the service. It supersedes any prior contract or statements regarding your use of the service. The section titles in the contract do not limit the other terms of this contract.

12. Assignment.
We may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other person. Any attempt by you to do so is void. You may not transfer to anyone else, either temporarily or permanently, any rights to use the service or any part of the service.

13. No Third Party Beneficiaries.
This contract is solely for your and our benefit. It is not for the benefit of any other person, except for permitted successors and assigns under this contract.

14. Claim Must Be Filed Within One Year.
Any claim related to this contract or the service may not be brought unless brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not filed in time, then that claim is permanently barred. This applies to you and your successors. It also applies to us and our successors and assigns.

15. Your Notices to Us.
You may notify us as stated in the "Contact Us" area for the service.

16. Copyright and Trademark Notices
All contents of the service are Copyright © 2008 The Little Theatre, 400 River Street, Chattanooga, TN 37405. All rights reserved. Copyright and other intellectual property laws and treaties protect any software or content provided as part of the service. We or our suppliers own the title, copyright, and other intellectual property rights in the software or content.