By using the Tower Theatre Fresno Web site, owned and operated by Web Portal Design Corp. (Web Portal) and the Tower Theatre for the Performing Arts(Tower Theatre), Not for Profit California Public Benefit Corporations 501(c)(3), you hereby agree to be bound by all of the terms and conditions contained in this User Agreement ("Agreement"). Web Portal and the Tower Theatre et. al., reserve the right at its discretion to change the terms of this Agreement and will notify users of any such changes by online postings. Your continued use of the TowerTheatreFresno.com, .net, .org. and TowerThaterFresno.com, .net, .org Web Site after the posting of any notice of change in terms shall constitute your acceptance to be bound by any such changes.
1. LIMITATIONS ON USE
Trademark and Copyright Ownership Notice & Restrictions. All information displayed, transmitted or carried on the TowerTheatreFresno.org (including, but not limited to, directories, guides, news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, video clips, trademarks, service marks and the like, collectively the "Content") is protected by copyright and other intellectual property laws. The mark, Tower District News & Tower2000 are the trademark owned by Web Portal and all content carried and or displayed or archived on this site is owned by Web Portal, its affiliates or third party licensers. You may not modify, publish, transmit, transfer, sell, reproduce, create derivative work from, distribute, repost, perform, display, or in any way commercially exploit any of the Content or infringe upon trademarks or service marks contained in such Content. You agree to abide by all copyright notices and restrictions attached to any Content accessed through the TowerTheatreFresno.org, TowerDistrictNews.com & Tower2000.com Web sites, not to alter the Content in any way, and not to alter or remove any trademark, copyright or any other notice from copies of the Content.
Permitted Use. You may make a single copy of the Content displayed on the TowerTheatreFresno.org Web site for personal, noncommercial use only, provided that you do not remove any trademarks, copyright and any other notice contained in such Content. You shall not archive or retain any Content in any form without the written permission from Web Portal. You may not distribute (including via e-mail or the Internet), or otherwise make available, copies to others, whether or not for payment or other consideration, without the written permission from Web Portal Design Corp., a Public Benefit Corporation. You may submit requests for permission to retain, distribute or reproduce material on this Web site or other material owned by the Web Portal or its subsidiaries to Thomas Hobbs, CEO, Web Portal Foundation, P.O. Box 2144 Clovis, CA 93613, E-mail:email@example.com, or send e-mail requests over to editor@TowerDistrictNews.com.
Changes in the TowerTheatreFresno.org Web site. Web Portal may modify, suspend, discontinue or restrict the use of any portion of theTowerTheatreFresno.org Web site, including the availability of any Content feature, at any time and without notice or liability.
2. GENERAL DISCLAIMER AND LIMITATION OF LIABILITY
The TowerTheatreFresno.org Web sites contain facts, views, opinions, statements and recommendations of third party individuals and organizations. Web Portal does not represent or endorse the accuracy, timeliness or reliability of any advice, opinion, statement, schedule or other information displayed, uploaded or distributed through the TowerTheatreFresno.org, TowerDistrictNews & Tower2000 Web Site. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your sole risk. TowerDistrictNews & Tower2000 and the words "TowerNews" are the registered trademark of Web Portal.
Web Portal makes no warranty regarding the TowerTheatreFresno.org Web site or any content, services or products provided through or in connection with the TowerTheatreFresno.org Web sites. Web Portal and the Tower Theatre expressly disclaim any and all warranties, express or implied, including, without limitation: (a) any warranties as to the availability, accuracy, completeness or content of information, products or services which are part of the TowerTheatreFresno.org Web site; and (b) warranties of fitness for a particular purpose, or merchantability or against infringement. In no event will Web Portal, its affiliates, licensees, employees, agents or contractors be liable to you for any damages or losses, including without limitation indirect, consequential, special, incidental or punitive damages resulting from or caused by the TowerTheatreFresno.org, TowerDistrictNews & Tower2000 Web Sites, its public posting bulletin boards, chat rooms, its content or any errors or omissions in its content, even if advised of the possibility of such damages.
Any liability of Web Portal, its affiliates, licensees, employees, officer and directors serving without compensation, its agents or contractors, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or under any other cause of action, shall be strictly limited to the amount paid to Web Portal by or on behalf of you in connection with the TowerTheatreFresno.org, TowerDistrictNews & Tower2000 Web sites in the 12 months prior to the claimed injury or damage.
Officers, directors, volunteers of TowerDistrictNews & Tower2000 serve also as the uncompensated officials, directors, and Board members of Web Portal, a California Public Benefit Corporation and are understood by the User and all interested third parties, that Web Portal and TheTowerDistrictNews & Tower2000 are non-jural entities as to negligence claims against officers, directors and Board members.
3. ADJUDICATION, JUSRISDICTION, COURT ORDER
The User agrees that any dispute, claim, or accusation or any purported allegations of negligence resulting in liability of any officer, director or official while in the course of business, driving official vehicles, or attending official functions, shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Any cause of action with respect to your rights and obligations must be filed in Fresno County, State of California and may not be served upon said entity, officer, director or official, unless personal service is ordered by a court of competent jurisdiction and effected within one year of the date upon which a cause of action is alleged. Otherwise the cause shall be barred. [California Code of Civil Procedure 425.15.]
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