Please read these terms and conditions of use carefully before using the “Fox Theater Site.”
FOX THEATER USER AGREEMENT
The following are the terms and conditions for use of www.thefoxoakland.com and various affiliated websites and web pages (collectively, the “Another Planet Web Sites”) operated by Another Planet Entertainment, LLC, a Delaware limited liability company, and its affiliates (the company is hereinafter referred to as “APE”). These Terms apply to the Fox Theater Site, and to all Another Planet Web Sites operated by APE, and does not apply to the content of third parties (see section below: “Links to Third Party Sites”)
The Another Planet Web Sites are offered to you conditioned on your acceptance, without modification, of the terms, conditions and notices contained herein. Your use of the Another Planet Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular Another Planet Web Site may also be subject to additional terms, codes of conduct or guidelines that govern use of those sites, including without limitation, particular features or offers (for example, contests or chat areas), and that are outlined on that Another Planet Web Site (the “Additional Terms”).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular Another Planet Web Site, then these terms shall control.
These Terms are effective until terminated by either party. You may terminate these Terms at any time by discontinuing use of the Fox Theater Site, and each of the Another Planet Web Sites and destroying all materials obtained from any and all such Another Planet Web Sites and all related documentation and all copies and installations thereof, whether made under these Terms or otherwise. Your access to the Fox Theater Site and the other Another Planet Web Sites may be terminated immediately without notice from APE, if in our sole discretion you fail to comply with any term or provision of these Terms. Upon termination, you must cease use of all Another Planet Web Sites and destroy all materials obtained from such sites and all copies thereof, whether made under these Terms or otherwise.
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
APE reserves the right to change the terms, conditions and notices under which the Another Planet Web Sites are offered. You are responsible for regularly reviewing these Terms and conditions. Your continued use of the Another Planet Web Sites constitutes your agreement to all such terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION; INTELLECTUAL PROPERTY RIGHTS; OWNERSHIP
Unless otherwise specified, the Another Planet Web Sites are for your personal and non-commercial use. The content available and any services made available through the Another Planet Web Sites is the property of APE or its licensors and is protected by copyright, trademark and other intellectual property laws. You may not modify, copy, upload, download, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Another Planet Web Sites.
All of the content of the Fox Theater Site and all Another Planet Web Sites (which includes without limitation all graphics, text, images, photographs, illustrations, and the design, selection and arrangement thereof) is protected by copyright and/or trademark and/or other proprietary intellectual property rights owned by or licensed to Another Planet Entertainment, LLC, a Delaware limited liability company, and its affiliates. Another Planet ® and Another Planet Entertainment ® are registered trademarks, owned by Another Planet Entertainment, LLC, (the “APE Trademarks”) by continuing to use the Fox Theater Site and any of the Another Planet Web Sites, you acknowledge and agree that any unlicensed commercial use of the APE Trademarks is willful trademark infringement, strictly prohibited by federal law of the United States of America. You further acknowledge that APE retains exclusive ownership (or is the licensee) of the Another Planet Web Sites, all content, materials and information contained therein, and all intellectual property rights associated therewith. Except as expressly provided herein, you are not granted any rights or license to patents, copyrights, trademarks or trade secrets with respect to the Another Planet Web Sites or their contents, and APE reserves all rights not expressly granted hereunder.
Without the advance express written permission of an authorized representative of APE, you may not “meta-search” the Another Planet Web Sites, send, or cause to be sent, any automated queries of any sort to the Another Planet Web Sites, or use the Another Planet Web Sites in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any Another Planet Web Sites to determine how a web site “ranks” on any Another Planet Web Sites.
LINKS TO THIRD PARTY SITES
Any dealings with third parties (including advertisers) included within the Another Planet Web Sites or participation in promotions, including the delivery of, and the payment for, goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. APE shall not be responsible or liable for any part of any such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Another Planet Web Sites, you will not use the Another Planet Web Sites for any purpose that is unlawful or prohibited by these Terms, conditions, and notices nor cause damage to any third party. You may not use the Another Planet Web Sites in any manner that could damage, disable, overburden or impair any Another Planet Web Sites (or the network(s) connected to any Another Planet Web Site) or interfere with any other party’s use and enjoyment of any Another Planet Web Site. You may not attempt to gain unauthorized access to any Another Planet Web Sites, other accounts, computer systems or networks connected to any Another Planet Web Sites, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Another Planet Web Sites.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”), APE has designated an agent to receive notifications of claimed copyright infringement relating to the Another Planet Web Sites (the “Designated Agent”). All such notifications relating to the Fox Theater Site, or any of the Another Planet Web Sites must be a written communication and must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit APE personnel to locate the material.
- Information reasonably sufficient to permit APE to contact the complaining party, such as an address, telephone number, and/or electronic mail address.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Claims of infringement which include the above required information must be submitted via postal mail, or e-mail to APE’s Designated Agent as follows:
Service Provider: Another Planet Entertainment, LLC
Full Address of Designated Agent to Which Notification Should Be Sent:
Another Planet Entertainment, LLC
ATTENTION: Designated Copyright Agent for Fox Theater
1815 Fourth Street, Suite “C”
Berkeley, CA 94710
United States of America
E-mail Address of Designated Copyright Agent: [email protected]
Subject Line: Designated Copyright Agent for Fox Theater
APE and its third-party providers (“Vendors”) do not monitor, endorse, edit or screen your Submitted Content, although APE and its Vendors reserve the right to do so, and neither APE nor its Vendors shall be liable for your Submitted Content. You acknowledge that your Submitted Content is not confidential and that your Submitted Content may be read, intercepted by others and widely accessible on the Internet and/or via other interactive media, and that you have no expectation of privacy with regard to any such submission. You acknowledge that by submitting your Submitted Content via any of the available Community Features, no confidential, fiduciary, contractually implied or other relationship is created between you and APE or between you and APE’s Vendors other than as expressly set forth in this Agreement. You acknowledge that APE is not responsible for, and cannot and does not guarantee, the accuracy, completeness or reliability of information in any material posted or submitted by any user of the Community Features. You represent that your Submitted Content is an original work by you or that you have all necessary rights in it and to submit it to APE under the terms of this Agreement. You further agree that you are solely liable for any and all costs, claims, demands, investigations, liabilities, losses, damages, judgments, settlements, costs and expenses, including attorneys’ fees, connected to or arising from your breach of any representation or warranty, or other violation of this Agreement. If APE determines, in APE’s sole discretion and judgment, that your Submitted Content violates, or may violate, any of the terms of this Agreement, APE reserves the right to (a) refuse to allow you to upload information or otherwise transmit material; (b) remove and delete your Submitted Content; (c) revoke your right to use the Another Planet Web Sites and/or any Community Features; and/or (d) use any technological, legal, operational or other means available to APE to enforce the provisions of this Agreement, including, without limitation, blocking specific IP addresses or deactivating your registration on this or any of the Another Planet Web Sites and any of the Community Features.
You are solely responsible for your interactions with other users of the Another Planet Web Sites. We reserve the right, but have no obligation, to monitor disputes between you and other users of any Community Features.
By transmitting your Submitted Content via the Community Features, you grant, and represent and warrant that you have the right to grant, to APE a worldwide, perpetual, royalty-free, non-exclusive, sub-licensable and irrevocable right and license to use, reproduce, prepare derivative works based upon, distribute, perform, sell and display your Submitted Content for any purpose throughout the universe, in whole or in part, in any form, media or technology known or hereafter developed.
You hereby agree to indemnify and hold APE and all Another Planet Entities, harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Another Planet Web Sites and the products, merchandise, tickets and/or services purchased via the Another Planet Web Sites; or (B) any alleged breach of this Agreement by you. For purposes of this Agreement, the “Another Planet Entities” shall mean, Another Planet Entertainment, LLC, GASS Entertainment, LLC, BGCA Management, LLC, San Francisco Festivals, LLC and all of the parent, subsidiary, sister, affiliated and related persons and entities, and all of the officers, directors, shareholders, members, managers, employees, contractors and agents of each of the foregoing, and any entity which, now or in the future, controls, is controlled by, or is under common control with any of the foregoing, including all of their officers, directors, shareholders, members, managers, employees, contractors or agents.
The information, software, products, and services included in or available through the another planet web sites may include inaccuracies or typographical errors. Changes are periodically made to the Another Planet Web Sites and to the information therein. APE and/or its respective suppliers may make improvements and/or changes in the another planet web sites at any time. Advice or information received via the Another Planet Web Sites should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. The Another Planet Entities and/or their respective suppliers make no representations about the suitability, reliability, availability, timeliness, lack of viruses or other harmful components and accuracy of the information, software, products, services and related graphics contained within the Another Planet Web Sites for any purpose. All such information, software, products, services and related graphics are provided “as is” without warranty of any kind. APE and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties and conditions of merchantability, fitness for a particular purpose, workmanlike effort, title and non-infringement. You specifically agree that the Another Planet Entities shall not be responsible for unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Another Planet Web Sites. You specifically agree that the Another Planet Entities are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. You specifically agree that the Another Planet Entities are not responsible for any content sent using and/or included in an Another Planet Web Site by any third party.
STORAGE SPACE AND OTHER LIMITATIONS
You agree that APE may establish limits concerning use of any APE service offered on Another Planet Web SiteS, including without limitation the maximum number of days that e-mail messages will be retained, the maximum number of e-mail messages that may be sent, the maximum size of an e-mail message that may be sent from or received by an account on any Another Planet Web Site or service, the maximum disk space that will be allotted on APE’s servers on your behalf, and the maximum number of times and duration you may access any Another Planet Web Site in a given period of time.
You agree that the Another Planet Entities have no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Another Planet Web Site. You acknowledge that APE reserves the right to log off accounts that are inactive for an extended period of time.
APE MAKES NO WARRANTY THAT ANY ANOTHER PLANET WEB SITES OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
APE reserves the right to disclose any personal information about you or your use of the Another Planet Web Sites, including its contents, without your prior permission if APE has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of the Another Planet Entities or their affiliated companies; (3) enforce your agreement to these Terms or any other Agreement relating to your use of any Another Planet Web Sites; or (4) act to protect the interests of its partners and affiliates or others. APE’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of APE’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Another Planet Web Sites or information provided to or gathered by APE with respect to such use.
This agreement is governed by the laws of the State of California, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in the County of Alameda, State of California, U.S.A, in all disputes arising out of or relating to the use of the Another Planet Web Sites. You agree that no joint venture, partnership, employment, or agency relationship exists between you and APE as a result of this agreement or use of the Another Planet Web Sites. You agree to indemnify and hold APE, the Another Planet Entities, their respective parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of or conduct on the Another Planet Web Sites.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between you and APE with respect to the Another Planet Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and APE with respect to the Another Planet Web Sites. No waiver of any breach of any provision of these Terms shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
NOTICE FOR CALIFORNIA CONSUMERS
Under California Civil Code Section 1789.3, California users of certain Another Planet Web Sites, upon use of applicable services (as defined by Cal. Civ. Code §1789.2) may file a complaint regarding an applicable service and receive further information on resolving such complaints from the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs online at http://www.dca.ca.gov/ or call 800.952.5210 to have a complaint form mailed to you.
BY ACCESSING THE FOX THEATER SITE AND/OR UTILIZING ANY RELATED APE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.