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Terms of
Service:
PLEASE READ
THIS TERMS OF SERVICE AGREEMENT CAREFULLY
BEFORE USING THIS SITE.
ClevelandOnstage.com ("ClevelandOnstage," "we," "us") provides
this web site, and all site-related services (collectively, the
"Site") subject to your compliance with the terms and conditions
set forth in this agreement (the "Agreement"). This Agreement
governs the relationship between ClevelandOnstage.com and you
("you") with respect to your use of the Site. It is important
that you read carefully and understand the terms and conditions
of this Agreement.
We reserve
the right at any time to:
- Change
the terms and conditions of this Agreement; and
- Change
the Site, including eliminating or discontinuing any content
on or feature of the Site.
Any changes
to the terms and conditions of this Agreement will be effective
immediately upon notice to you, whether provided by a posting on
the Site, by electronic mail, or other means. Your continued use
of the Site after such notice will be deemed acceptance of such
changes. Any changes to the Site shall be effective upon
implementation of such change. Except as otherwise provided, any
new content on or features of the Site shall be subject to this
Agreement. Please bookmark this page and review it periodically
to make yourself familiar with the most recent version. You can
determine when we last updated the Agreement by checking the
"Last Revised" date that appears at the top of the page.
Privacy
Policy. Please read the ClevelandOnstage.com Privacy Policy,
which is incorporated herein by reference. By using the Site,
you agree to be legally bound by the ClevelandOnstage.com
Privacy Policy, which discusses and governs our collection and
use of any information you submit to us.
Monitoring
The Site. We have no obligation to monitor the Site. You
acknowledge and agree, however, that we do retain the right to
monitor the Site and to disclose any information as necessary or
appropriate to satisfy any law, regulation or other governmental
request, to operate the Site properly, or to protect ourselves
or our users. We will not intentionally monitor or disclose any
private electronic-mail message unless required by law. We
reserve the right to refuse to post or to remove any information
or materials from any portion of the Site, in whole or in part,
that, in our sole discretion, are unacceptable, undesirable,
inappropriate or in violation of these Terms Of Service.
Ownership
and Restrictions on Use. © 2003 ClevelandOnstage.com
Entertainment Group, All Rights Reserved. The Site, including
any and all related software, data, text, graphics, images,
audio and video clips, logos, icons, and links (collectively,
the "Materials"), is owned and operated by ClevelandOnstage.com
in conjunction with others pursuant to contractual arrangements,
and the Materials (and any intellectual property and other
rights relating thereto) are and will remain the property of
ClevelandOnstage.com and its licensors and suppliers.
The
Materials and the selection, compilation, collection,
arrangement, and assembly thereof are protected by U.S. and
international copyright, trademark, and other laws, and you
acknowledge that these rights are valid and enforceable. Except
as otherwise expressly permitted in this Agreement, you may not
copy, reproduce, republish, upload, post, transmit, or
distribute Materials or other content or information available
on or through the Site in any way without our prior written
permission, except you may download and view one copy of such
Materials on any single computer for your personal,
non-commercial home use, provided you keep intact, without
change, each such Material and all copyright and other
proprietary notices in or on such Material. Modification of the
Materials or use of the Materials for any other purpose is a
violation of our copyright and other proprietary rights, and is
strictly prohibited. You acknowledge that you do not acquire any
ownership rights by using the Site or the Materials.
Code of
Conduct. While using the Site (including participating in any
Site-related services), you agree not to:
- Use any
robot, spider, site search/retrieval application, or other
manual or automatic device or process to scrape, retrieve,
index, "data mine," or in any way reproduce or circumvent the
navigational structure or presentation of the Site or its
contents; or
- Restrict
or inhibit any other visitor from using the Site, including,
without limitation, by means of "hacking" or defacing any
portion of the Site;
Attempt to gain unauthorized access to other computer systems
through the Site;
- Use the
Site or Materials for any unlawful purpose;
- Express
or imply that any statements you make are endorsed by us,
without our prior written consent;
- Transmit
(a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene, or
otherwise objectionable, or infringes our or any third party's
intellectual property or other rights; (b) any material,
non-public information about companies without the
authorization to do so; (c) any trade secret of any third
party; or (d) any advertisements, solicitations, chain
letters, pyramid schemes, investment opportunities, or other
unsolicited commercial communication (except as otherwise
expressly permitted by us);
- Engage
in spamming or flooding;
- Transmit
any software or other materials that contain any viruses,
worms, trojan horses, defects, date bombs, time bombs, or
other items of a destructive nature;
- Modify,
adapt, sublicense, translate, sell, reverse engineer,
decompile, or disassemble any portion of the Site;
- Remove
any copyright, trademark, or other proprietary rights notices
contained in the Site or Materials;
- "Frame"
or "mirror" any part of the Site without our prior written
authorization;
- Harvest
or collect information about other Site users without their
express consent.
While using
the Site and/or Materials, you agree to comply with all
applicable laws, rules, and regulations.
Security.
You understand and acknowledge that no data transmission over
the Internet can be guaranteed to be 100% secure and we cannot
guarantee that any personal information you submit to us will be
free from unauthorized third party intrusion. You understand and
agree that all information you submit to ClevelandOnstage.com is
done so at your own risk.
Internet
Access. You acknowledge and agree that in connection with your
use of the Site you must: (a) provide for your own access to the
World Wide Web and pay any service fees associated with such
access, and (b) provide all equipment necessary for you to make
such connection to the World Wide Web, including a computer,
software, a modem and a working telephone line.
ClevelandOnstage.com shall not be responsible for any
malfunctions, errors, crashes or other adverse events that may
occur from your use of the Site.
Links. The
Site contains links to other Internet web sites, which may or
may not be owned or operated by ClevelandOnstage.com.
ClevelandOnstage.com has not reviewed all of the web sites that
are linked to the Site, and ClevelandOnstage.com may not have
control over such sites. Unless otherwise explicitly stated,
ClevelandOnstage.com is not responsible for the content of such
web sites, or the privacy or other practices of such sites, and
the fact that ClevelandOnstage.com offers such links does not
indicate any approval or endorsement of any material contained
on any linked site. ClevelandOnstage.com is providing these
links to you only as a convenience. Accordingly, we strongly
encourage you to become familiar with the terms of service and
practices of any linked site. Further, it is up to you to take
precautions to ensure that whatever links you select or software
you download (whether from the Site or other sites) is free of
such items as viruses, worms, trojan horses, defects, date
bombs, time bombs, and other items of a destructive nature.
Trademarks.
The trademarks, logos, and service marks displayed on the Site
(collectively the "Trademarks") are the registered and
unregistered trademarks of ClevelandOnstage.com,
ClevelandOnstage.com's licensors and suppliers, and others. The
Trademarks owned by ClevelandOnstage.com, whether registered or
unregistered, may not be used in connection with any product or
service that is not ClevelandOnstage.com's, in any manner that
is likely to cause confusion with customers, or in any manner
that disparages ClevelandOnstage.com. Unless otherwise expressly
granted in this Agreement, nothing contained on the Site should
be construed as granting, by implication, estoppels or
otherwise, any license or right to use any Trademark without the
express written permission of ClevelandOnstage.com,
ClevelandOnstage.com's licensors or suppliers, or the
third-party owner of any such Trademark. Misuse of any
Trademarks is prohibited, and ClevelandOnstage.com will
aggressively enforce its intellectual property rights in such
Trademarks, including via civil and criminal proceedings.
Jurisdictional Issues. Unless otherwise specified, the Site is
solely directed to individuals residing in the United States. We
make no representation that Materials available on or through
the Site are appropriate or available for use in other
locations. Those who choose to access the Site from other
locations do so on their own initiative and at their own risk,
and are responsible for compliance with local laws, if and to
the extent local laws are applicable. Unless provided otherwise
in the applicable official rules, participation in any Contest
is limited to individuals who are legal residents of one of the
fifty (50) United States or the District of Columbia
(specifically excluding Puerto Rico, Guam, and all other U.S.
and foreign possessions and territories).
We reserve the right to limit the availability of the Site
(including the provision of any service or other product
described thereon) to any person, geographic area or
jurisdiction, at any time and in our sole discretion, and to
limit the quantities of any such service or product that we
provide. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE
OTHERWISE PROHIBITED BY LAW.
Termination. This Agreement shall remain effective until
terminated in accordance with its terms. Either party may
terminate this Agreement immediately upon notice to the other
party. In addition, we reserve the right to immediately
terminate this Agreement, and/or your access to and use of the
Site or any portion thereof, at any time and for any reason,
with or without cause. Upon termination of this Agreement by
either party, your right to use the Site and any licenses
granted herein shall immediately cease, and you shall destroy
all Materials obtained from the Site and all copies thereof,
whether made under the terms of this Agreement or otherwise.
Disclaimers. THE SITE, THE MATERIALS ON
THE SITE, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE SITE
ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT
PERMISSIBLE PURSUANT TO APPLICABLE LAW, CLEVELANDONSTAGE.COM AND
ITS AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND
AGENTS DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION,
IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF
PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the
exclusion of implied warranties, so the above exclusions may not
apply to you. CLEVELANDONSTAGE.COM AND ITS AFFILIATES,
LICENSORS, SUPPLIERS, ADVERTISERS, SPONSORS, AND AGENTS DO NOT
WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED,
ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT
THE SITE OR THE SERVER (S) ON WHICH THE SITE IS HOSTED IS FREE
OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU
ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE,
COMPUTER HARDWARE AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE
THE SITE, AND ALL CHARGES RELATED THERETO. YOU ASSUME ALL
RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND YOUR
RELIANCE THEREON. NO OPINION, ADVICE OR STATEMENT OF
CLEVELANDONSTAGE.COM OR ITS AFFILIATES, LICENSORS, SUPPLIERS,
ADVERTISERS, SPONSORS, AGENTS, OR OTHER SITE USERS, WHETHER MADE
ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. ALL
ACTIVITIES UNDERTAKEN BY YOU IN CONNECTION WITH THE SITE, AND
YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE
ARE ENTIRELY AT YOUR OWN INITIATIVE AND RISK.
Limitation of
Liability. NEITHER CLEVELANDONSTAGE.COM NOR ANY OF OUR
AFFILIATES, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR
OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS,
AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR
ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY,
PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION,
DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS),
UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY
ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR
MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY
ACTIVITY, PRODUCT OR SERVICE MADE AVAILABLE THROUGH THE SITE.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, MATERIALS,
OR ANY LINKED SITE IS TO STOP USING THE SITE, MATERIALS, OR
LINKED SITE, AS APPLICABLE. CLEVELANDONSTAGE.COM'S MAXIMUM
LIABILITY TO YOU OR ANY THIRD PARTY FOR ALL DAMAGES, LOSSES, AND
CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT
LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE $5.00.
Indemnification. You agree to indemnify, defend, and hold
ClevelandOnstage.com, our affiliates, licensors, suppliers,
advertisers, and sponsors, and our and their directors,
officers, employees, consultants, agents, and other
representatives, harmless from and against any and all claims,
damages, losses, costs (including reasonable attorneys' fees),
and other expenses that arise directly or indirectly out of or
from (a) your breach of this Agreement, including any violation
of the Code of Conduct, above; (b) any allegation that any
materials you submit to us or transmit to the Site, or to other
web sites, infringe or otherwise violate the copyright,
trademark, trade secret, or other intellectual property or other
rights of any third party; and/or (c) your activities in
connection with the Site and any Site-related services.
Miscellaneous. This Agreement is governed by and shall be
construed in accordance with the laws of the State of New York,
without regard to its principles of conflicts of law. You agree
to submit to the exclusive jurisdiction of any State or Federal
court located in the County of New York, New York, and waive any
jurisdictional, venue, or inconvenient forum objections to such
courts. If any provision of this Agreement is found to be
unlawful, void, or for any reason unenforceable, then that
provision shall be deemed severable from this Agreement and
shall not affect the validity and enforceability of any
remaining provisions. This is the entire Agreement between us
relating to the subject matter herein and supersedes any and all
prior or contemporaneous written or oral Agreements between us
with respect to such subject matter. This Agreement is not
assignable, transferable, or sub licensable by you except with
ClevelandOnstage.com's prior written consent. No waiver by
either party of any breach or default hereunder shall be deemed
to be a waiver of any preceding or subsequent breach or default.
Any heading, caption, or section title contained in this
Agreement is inserted only as a matter of convenience and in no
way defines or explains any section or provision hereof.
ELECTRONIC
COMMUNICATIONS
When you
visit ClevelandOnstage.com or send e-mails to us, you are
communicating with us electronically. You consent to receive
communications from us electronically. We will communicate with
you by e-mail or by posting notices on this site. You agree that
all agreements, notices, disclosures and other communications
that we provide to you electronically satisfy any legal
requirement that such communications be in writing.
TRADEMARKS
CLEVELANDONSTAGE.COM; and other marks indicated on our site are
registered trademarks of ClevelandOnstage.com, LLC. or its
subsidiaries, in the United States and other countries.
ClevelandOnstage.com graphics, logos, page headers, button
icons, scripts, and service names are trademarks or trade dress
of ClevelandOnstage.com, Inc. or its subsidiaries.
ClevelandOnstage.com's trademarks and trade dress may not be
used in connection with any product or service that is not
ClevelandOnstage.com's, in any manner that is likely to cause
confusion among customers or in any manner that disparages or
discredits ClevelandOnstage.com. All other trademarks not owned
by ClevelandOnstage.com or its subsidiaries that appear on this
site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by
ClevelandOnstage.com or its subsidiaries.
LICENSE AND
SITE ACCESS
ClevelandOnstage.com grants you a limited license to access and
make personal use of this site and not to download (other than
page caching) or modify it, or any portion of it, except with
express written consent of ClevelandOnstage.com. This license
does not include any resale or commercial use of this site or
its contents; any collection and use of any product listings,
descriptions, or prices; any derivative use of this site or its
contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining,
robots, or similar data gathering and extraction tools. This
site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise
exploited for any commercial purpose without express written
consent of ClevelandOnstage.com. You may not frame or utilize
framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or
form) of ClevelandOnstage.com and our affiliates without express
written consent. You may not use any meta tags or any other
"hidden text" utilizing ClevelandOnstage.com's name or
trademarks without the express written consent of
ClevelandOnstage.com. Any unauthorized use terminates the
permission or license granted by ClevelandOnstage.com. You are
granted a limited, revocable, and nonexclusive right to create a
hyperlink to the home page of ClevelandOnstage.com so long as
the link does not portray ClevelandOnstage.com, its affiliates,
or their products or services in a false, misleading,
derogatory, or otherwise offensive matter. You may not use any
ClevelandOnstage.com logo or other proprietary graphic or
trademark as part of the link without express written
permission.
YOUR
ACCOUNT
If you use
this site, you are responsible for maintaining the
confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility
for all activities that occur under your account or password.
ClevelandOnstage.com does sell products for children, but it
sells them to adults, who can purchase with a credit card. If
you are under 18, you may use ClevelandOnstage.com only with
involvement of a parent or guardian. ClevelandOnstage.com and
its affiliates reserve the right to refuse service, terminate
accounts, remove or edit content, or cancel orders in their sole
discretion.
REVIEWS,
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors
may post reviews, comments, and other content; send e-cards and
other communications; and submit suggestions, ideas, comments,
questions, or other information, so long as the content is not
illegal, obscene, threatening, defamatory, invasive of privacy,
infringing of intellectual property rights, or otherwise
injurious to third parties or objectionable and does not consist
of or contain software viruses, political campaigning,
commercial solicitation, chain letters, mass mailings, or any
form of "spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise mislead as to the
origin of a card or other content. ClevelandOnstage.com reserves
the right (but not the obligation) to remove or edit such
content, but does not regularly review posted content.
If you do
post content or submit material, and unless we indicate
otherwise, you grant ClevelandOnstage.com and its affiliates a
nonexclusive, royalty-free, perpetual, irrevocable, and fully
sub licensable right to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, and display
such content throughout the world in any media. You grant
ClevelandOnstage.com and its affiliates and sub licensees the
right to use the name that you submit in connection with such
content, if they choose. You represent and warrant that you own
or otherwise control all of the rights to the content that you
post; that the content is accurate; that use of the content you
supply does not violate this policy and will not cause injury to
any person or entity; and that you will indemnify
ClevelandOnstage.com or its affiliates for all claims resulting
from content you supply. ClevelandOnstage.com has the right but
not the obligation to monitor and edit or remove any activity or
content. ClevelandOnstage.com takes no responsibility and
assumes no liability for any content posted by you or any third
party.
COPYRIGHT
COMPLAINTS
ClevelandOnstage.com and its affiliates respect the intellectual
property of others. If you believe that your work has been
copied in a way that constitutes copyright infringement, please
follow our Notice and Procedure for Making Claims of Copyright
Infringement.
RISK OF
LOSS
All items
purchased from ClevelandOnstage.com are made pursuant to a
shipment contract. This means that the risk of loss and title
for such items pass to you upon our delivery to the carrier.
PRODUCT
DESCRIPTIONS
ClevelandOnstage.com and its affiliates attempt to be as
accurate as possible. However, ClevelandOnstage.com does not
warrant that product descriptions or other content of this site
is accurate, complete, reliable, current, or error-free. If a
product offered by ClevelandOnstage.com itself is not as
described, your sole remedy is to return it in unused condition.
OTHER
BUSINESSES
Parties
other than ClevelandOnstage.com and its subsidiaries operate
stores, provide services, or sell product lines on this site.
For example, drugstore.com is our Health & Beauty merchant, and
other businesses and individuals offer products in zShops and
Auctions. In addition, we provide links to the sites of
affiliated companies and certain other businesses. We are not
responsible for examining or evaluating, and we do not warrant
the offerings of, any of these businesses or individuals or the
content of their Web sites. ClevelandOnstage.com does not assume
any responsibility or liability for the actions, product, and
content of all these and any other third parties. You should
carefully review their privacy statements and other conditions
of use.
APPLICABLE
LAW
By visiting
ClevelandOnstage.com, you agree that the laws of the state of
Washington, without regard to principles of conflict of laws,
will govern these Conditions of Use and any dispute of any sort
that might arise between you and ClevelandOnstage.com or its
affiliates.
DISPUTES
Any dispute
relating in any way to your visit to ClevelandOnstage.com or to
products you purchase through ClevelandOnstage.com shall be
submitted to confidential arbitration in Cleveland, Ohio, except
that, to the extent you have in any manner violated or
threatened to violate ClevelandOnstage.com's intellectual
property rights, ClevelandOnstage.com may seek injunctive or
other appropriate relief in any state or federal court in the
state of Ohio, and you consent to exclusive jurisdiction and
venue in such courts. Arbitration under this agreement shall be
conducted under the rules then prevailing 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.
SITE
POLICIES, MODIFICATION, AND SEVERABILITY
Please
review our other policies, such as our Pricing policy, posted on
this site. These policies also govern your visit to
ClevelandOnstage.com. We reserve the right to make changes to
our site, policies, and these Conditions of Use at any time. If
any of these conditions shall be deemed invalid, void, or for
any reason unenforceable, that condition shall be deemed
severable and shall not affect the validity and enforceability
of any remaining condition.
What About
Cookies?
* Cookies
are alphanumeric identifiers that we transfer to your computer's
hard drive through your Web browser to enable our systems to
recognize your browser and to provide features such as
personalized content and storage of items in your Shopping Cart
between visits.
* The "help" portion of the toolbar on most browsers will tell
you how to prevent your browser from accepting new cookies, how
to have the browser notify you when you receive a new cookie, or
how to disable cookies altogether. However, cookies allow you to
take full advantage of some of ClevelandOnstage.com's coolest
features, and we recommend that you leave them turned on.
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