Your use of this web site, located at www.theavalon.org, and any web site operated and controlled by the Avalon Theater (collectively, the “Site”) shall be subject to the following Visitor Agreement (“Agreement”) unless otherwise noted. By accessing information on this Site you agree to be legally bound by all of the terms, conditions and notices contained or referenced herein. If you do not agree to the terms of this Visitor Agreement please do not visit the Site.
I. Copyright Ownership
The Site contains copyrighted material, trademarks and other proprietary information, including, information, data, text, photos, and graphics (“Content”). This Content is subject to copyrights owned by the Avalon Theater and other individuals or entities and is protected by United States and international copyright laws. To make a complaint about a copyright violation on the Site, please see Section VIII. Content and features on the Site are subject to change or termination without notice in the editorial discretion of the Avalon Theater. All rights not expressly granted herein are reserved to the Avalon Theater.
II. Use of the Avalon Theater Content
The Avalon Theater authorizes you to view or download a single copy of the material on the Site solely for your personal, noncommercial use so long as you do not remove the copyright and other proprietary rights notices which were contained in the Content. You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the Content of this Site or any portion of it. You may not use any data mining, robots, or similar data gathering and extraction tools on the Content, frame any portion of the Site or Content, or reproduce, reprint, copy, store, publicly display, broadcast, transmit, modify, translate, port, publish, sublicense, assign, transfer, sell, loan, or otherwise distribute the Content without our prior written consent. You may not circumvent any mechanisms included in the Content for preventing the unauthorized reproduction or distribution of the Content.
Any use of the Content not expressly permitted by this Visitor Agreement is a breach of this Visitor Agreement and may violate U.S. or international copyright, trademark, and/or other laws. If you violate this Visitor Agreement, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.
III. Trademark Rights
The names, trademarks, service marks, and logos of the Avalon Theater belong exclusively to the Avalon Theater and are protected from reproduction, imitation, dilution or confusing or misleading uses under national and international trademark and copyright laws. All other trademarks, services marks, and logos (including third-party product names) are the property of their respective owners. The use or misuse of these trademarks is expressly prohibited and nothing stated or implied on this Site confers on you any license or right under any trademark of the Avalon Theater or any third party.
IV. License Grant
If you make any submission to or communications on the Site, you automatically grant, or warrant that the owner of such content has expressly granted the Avalon Theater, a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the communication or content material in any media or medium, or any form, format, or forum now known or hereafter developed. The Avalon Theater may sublicense its rights through multiple tiers of sublicenses.
V. Disclaimer of Warranties
THE SITE AND THE CONTENT ON THE SITE IS PROVIDED “AS IS.” THE AVALON THEATER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITE OR THE CONTENT OR COMMUNICATIONS ON THE SITE, OR ANY WEB SITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. TO THE EXTENT PERMITTED BY LAW, THE AVALON THEATER DISCLAIMS IMPLIED WARRANTIES THAT THE SITE AND ALL SOFTWARE, CONTENT AND SERVICES AND INFORMATION DISTRIBUTED THROUGH THE SITE ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION GIVEN BY THE AVALON THEATER OR A REPRESENTATIVE SHALL CREATE A WARRANTY.
When using the Site, information will be transmitted over a medium which is beyond the control and jurisdiction of the Avalon Theater, its partners, advertisers, and sponsors. Accordingly, the Avalon Theater assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.
WE DO NOT GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT IT IS ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITE, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITE (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.
FURTHER, THE AVALON THEATER DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITE. UNDER NO CIRCUMSTANCES WILL THE AVALON THEATER BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITE. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE.
VI. Limitation of Liability
In no event shall the Avalon Theater, its partners, sponsors, advertisers, agents or licensors, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental, consequential or other indirect damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site, the Content or any communications of the Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Avalon Theater is advised of the possibility of such damages. The Avalon Theater is not liable for any personal injury, including death, caused by your use or misuse of the Site or the Content.
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OTHER DISPUTE WITH THE AVALON THEATER IS TO DISCONTINUE YOUR USE OF THE SITE. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES AND SUBSIDIARIES FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING A ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE.
By using the Site you agree to indemnify and hold the Avalon Theater, its officers, directors, employees, affiliates, agents, attorneys, representatives and members harmless from any and all losses, damages, liabilities, claims, demands, suits, or causes of action (including reasonable attorneys’ fees and costs) arising from your use or misuse of the Site.
VIII. Links to Third-Party Services
From time to time this Site may offer you links to other web sites on the Internet. These sites are not under the control of the Avalon Theater, and the Avalon Theater is not responsible for the accuracy, legality, or any other aspect of these third party web sites. The inclusion of such links on the Site is not an endorsement by the Avalon Theater in favor of the web site, or the products or services offered on such site.
X. Jurisdiction and Choice of Law
You expressly agree that exclusive jurisdiction for any dispute with the Avalon Theater, or in any way relating to your use of the Site, resides in the courts of the District of Columbia and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the District of Columbia in connection with any such dispute including any claim involving the Avalon Theater or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers, and content providers.
This Visitor Agreement is governed by the laws of the District of Columbia without respect to its conflict of laws principles. If any provision of this Visitor Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Visitor Agreement, which shall remain in full force and effect. No waiver of any of the terms and conditions contained herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
XI. Changes to this Visitor Agreement
The Avalon reserves the right to modify this Agreement as necessary. We will indicate the most current date of any change and encourage you to consult our policy from time to time. Continued use of the Site indicates you accept such changes. The Avalon reserves the right to discontinue or add website functionality to support the organization’s goals and mission.
If you have a question regarding this Agreement or a legal question regarding any content on the Site, please contact us at:
5505 Connecticut Avenue NW #226
Washington, DC 20015
Phone: (202) 966-3464
Fax: (202) 966-3465
Last Updated: 22 December 2009