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1. General.
1.1 This Agreement governs your use of this web site and its
associated services (the "Web Service"), including interactive chat
and forum discussion areas (the "Interactive Areas"), which are
owned and operated by Canbytheatre.org and its subsidiaries,
affiliates, divisions and related companies ("Canbytheatre.org").
1.2 Canbytheatre.org reserves the right, in its discretion, to
change or modify all or any part of this Agreement at any time,
effective immediately upon notice published on the Web Service. Your
use of the Web Service constitutes your binding acceptance of these
terms and conditions, including any changes or modifications made by
Canbytheatre.org as permitted above. If at any time the terms and
conditions of this Agreement are no longer acceptable to you, you
should immediately cease use of the Web Service and the Interactive
Areas.
2. Use of Content.
2.1 You acknowledge that the Web Service contains information,
software, photographs, audio and video clips, graphics, links and
other material that are protected by copyright, trademark or other
proprietary rights of Canbytheatre.org or third parties, including
but not limited to product names, logos, designs, titles, and words
or phrases which may be registered in certain jurisdictions
(collectively, the "Content"). You agree to comply with any
additional copyright notices, information, or restrictions contained
in any Content available on or accessed through the Web Service.
Users of the Web Service may use the Content only for their
personal, noncommercial use. Users of the Web Service wanting to use
the content for commercial use must obtain prior express written
permission of Canbytheatre.org.
2.2 You may not modify, publish, transmit, transfer or sell,
reproduce, create derivative works from, distribute, perform,
display, or in any way exploit any of the content, in whole or in
part, except as otherwise expressly permitted in this Agreement.
Content consisting of downloadable software may not be
reverse-engineered unless specifically authorized by the owner of
the software's patent and or copyright. Subject to the provisions of
this Agreement, you may post on the Web Service any content owned by
you (such as your original statements), content for which you have
received express permission from the owner, and content in the
public domain. You assume all right and responsibility for
determining whether any content is in the public domain. You grant
to Canbytheatre.org the right to edit, copy, publish, distribute,
translate and otherwise use in any medium and for any purpose any
content that you place on the Web Service without compensation to
you. You represent and warrant that you are authorized to grant all
rights set forth in the preceding sentence.
2.3 You may not download content on this web site that is indicated
to be for sale except under the terms of the sale. Such content is
the protected and copyrightable property of Canbytheatre.org. "Free"
content may be downloaded for your personal use or noncommercial
distribution consistent with the terms defined in this Agreement.
When using both purchased and "free" content, you will maintain and
include all copyright and other notices contained in such content.
Except as expressly permitted by the copyright laws, no copying,
storage, redistribution or publication of any content is permitted
without the express permission of Canbytheatre.org or the owners of
such content or their authorized persons if other than
Canbytheatre.org.
3. Rules of Conduct.
You shall not post on the Web Service any content which (a) is
libelous, defamatory, obscene, pornographic, abusive, harassing or
threatening; (b) contains viruses or other contaminating or
destructive features; (c) violates the rights of others, such as
content which infringes any copyright, trademark, patent, trade
secret or violates any right of privacy or publicity; or (d)
otherwise violates any applicable law or reputation. You may not
post on the Web Service any links to any external Internet sites
that are obscene or pornographic. You shall not use the Web Service
for any commercial purpose not expressly approved by
Canbytheatre.org, nor shall you distribute any advertising or
solicitation of funds or goods and services or solicit users to join
competitive online services.
4. Managing Content.
Canbytheatre.org does not and cannot review the content posted by
users on the Web Service and is not responsible for such content.
However, Canbytheatre.org reserves the right to delete, move or edit
any content (including content posted in any Interactive Area) that
it may determine, in its sole discretion, violates or may violate
this Agreement or is otherwise unacceptable. You shall remain solely
responsible for all content posted by you. Canbytheatre.org shall
have the right but not the obligation, to correct any errors or
omissions in any content, as it may determine in its sole
discretion.
5. No Endorsement.
5.1 Canbytheatre.org does not represent or endorse the accuracy or
reliability of any content posted on any Interactive Area and you
acknowledge that any reliance upon such content shall be at your
sole risk. Any content placed on any Interactive Area by users are
the views of the user posting the statement, and do not represent
the views of Canbytheatre.org or its advertisers or sponsors.
5.2 The Web Service may contain links to sites on the Internet,
which are owned and operated by third parties (the "External
Sites"). You acknowledge that Canbytheatre.org is not responsible
for the availability of, or the content located on or through any
External Site. You should contact the site administrator or
Webmaster for those External Sites if you have any concerns
regarding such links or the content located on such External Sites.
6. Indemnity.
You agree to indemnify, defend and hold Canbytheatre.org and its
affiliates, and their respective officers, directors, owners,
agents, information providers and licensors (collectively, the
"Canbytheatre.org Parties") harmless from and against any and all
claims, liability, losses, costs and expenses (including attorneys'
fees) incurred by any Canbytheatre.org Party in connection with any
use or alleged use of the service under your user name by any
person, whether or not authorized by you. Canbytheatre.org reserves
the right, at your expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you,
and in such case, you agree to cooperate with Canbytheatre.org's
defense of such claim.
7. Termination of Service.
Canbytheatre.org reserves the right, in its sole discretion, to
restrict, suspend or terminate your access to all or any part of the
Web Service, including the Interactive Areas, at any time for any
reason without prior notice or liability. Canbytheatre.org may
change, suspend or discontinue all or any aspect of the Web Service
at any time, including the availability of any feature, database, or
Content (including the Interactive Areas), without prior notice or
liability.
8. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
8.1 NEITHER CANBYTHEATRE.ORG NOR ANY PROVIDER OF THIRD PARTY CONTENT
OR THEIR RESPECTIVE AGENTS WARRANTS THAT THE WEB SERVICE WILL BE
UNINTERRUPTED OR ERROR FREE; NOR DOES CANBYTHEATRE.ORG, ANY THIRD
PARTY CONTENT PROVIDER, OR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTY
AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE WEB SERVICE OR THE
CONTENT. THE WEB SERVICE AND THE CONTENT ARE DISTRIBUTED ON AN "AS
IS, AS AVAILABLE" BASIS. NEITHER CANBYTHEATRE.ORG, THIRD PARTY
CONTENT PROVIDERS, NOR THEIR RESPECTIVE AGENTS MAKE ANY WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO
THE WEB SERVICE, ANY CONTENT OR ANY PRODUCTS OR SERVICES SOLD
THROUGH THE WEB SERVICE. NEITHER CANBYTHEATRE.ORG NOR ANY THIRD
PARTY CONTENT PROVIDER WARRANTS THAT ANY FILES AVAILABLE FOR
DOWNLOADING THROUGH THE WEB SERVICE WILL BE FREE OF VIRUSES OR
SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU EXPRESSLY AGREE
THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE
SERVICE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT IS ASSUMED
SOLELY BY YOU.
8.2. NEITHER CANBYTHEATRE.ORG NOR ANY THIRD PARTY CONTENT PROVIDER
OR THEIR AGENTS SHALL BE LIABLE FOR ANY ACT, DIRECT OR INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE
OF OR INABILITY TO USE THE SERVICE, EVEN IF SUCH PARTY HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8.3. SOME STATES DO NOT ALLOW EXCLUSION OR IMPLIED WARRANTIES OR
LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO
THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH
STATES, THE LIABILITY OF CANBYTHEATRE.ORG, THIRD PARTY CONTENT
PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE
GREATEST EXTENT PERMITTED BY LAW.
9. Investor Information.
Investor relations materials on this web site are provided for
convenience only, and speak only as of their original date or the
date specified therein. Available information may change at any time
and may not be reflected on this web site. Canbytheatre.org
disclaims any responsibility to update this web site.
10. Forward-Looking Statements.
The statements contained in this site and other materials accessible
through these pages that are not historical in nature are forward-
looking statements that involve risks and uncertainties. Although
management of Canbytheatre.org believes that its expectations are
based upon reasonable assumptions within the bounds of its knowledge
of Canbytheatre.org's business, there can be no assurance that the
Company's financial goals will be realized. Numerous factors may
affect the Company's actual results and may cause results to differ
materially from those expressed in forward-looking statements made
by or on behalf of the Company. Factors that could cause actual
results to differ materially include fluctuations in advertising
revenue with general economic cycles; management's ability to
identify, finance, complete and integrate acquisitions; the
performance of Internet/Broadband trade shows and conferences; the
seasonality of revenue from publishing and trade shows and
conferences; the success of new products; increases in paper and
postage cost; the infringement or invalidation of Canbytheatre.org's
intellectual property rights; and the factors listed from time to
time in Canbytheatre.org's reports filed with the Securities and
Exchange Commission. Canbytheatre.org does not undertake any
obligation to publicly update or revise any forward-looking
statements in this site whether as a result of new information,
future events or otherwise.
11. Miscellaneous.
This Agreement shall be construed in accordance with the laws of the
State of Oregon, and the parties irrevocably consent to bring any
action to enforce this Agreement in the federal or state courts
located in Clackamas County in the State of Oregon. This Agreement
constitutes the entire agreement between the parties with respect to
the subject matter hereof, and supersedes all previous written or
oral agreements between the parties with respect to such subject
matter. All provisions hereof shall survive any termination of this
Agreement as well as any other revisions which by their terms or
sense are intended to survive.
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