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OWNERSHIP OF MATERIALS Except as otherwise indicated, this Site and its entire contents (collectively, the “Materials”), including but not limited to, the text, information, material, software, and graphics contained on this Site, are owned by Metropolitan Theatres and its affiliates. No Materials, information, tools, software, products or services included in or available from or through this Site or from or through any web site owned, operated, licensed or controlled by Metropolitan Theatres may be copied, reproduced, republished, modified, downloaded, uploaded, posted, transmitted, or distributed in any way, without the express written permission of Metropolitan Theatres. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights. Metropolitan Theatres makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site. Any third party names, trademarks, and service marks are the properties of their respective owners. This Site is protected by the intellectual property laws of the United States of America and international treaties. Software from this site is further subject to United States export controls. In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us. We do not transfer title to the Software to you. You own the medium on which the Software is recorded, but we retain full and complete title to the Software, and all intellectual property rights therein. You may not re-sell, decompile, reverse engineer, disassemble or otherwise reduce the Software to a human-perceivable form.
LINKS TO THIRD PARTY SITES
The Site contains links to third party sites. These links are provided for convenience purposes and are no under the control of Metropolitan Theatres. Metropolitan Theatres does not make any representations or warranties, express or implied, regarding the content of these linked sites. These links do not constitute or imply an endorsement, authorization, sponsorship or affiliation by Metropolitan Theatres with respect to any third party, any third party’s web site, the content of any third party’s web site, or any products or services sol or provided by a third party.
RSS FEEDS By downloading a Metropolitan Theatres RSS Feed (“Metropolitan Theatres Feed”) from Metropolitan Theatres you agree to be bound by the terms set out below (the “Standard License Terms”). These Standard License Terms may be updated by Metropolitan Theatres from time to time. Please review these Standard License Terms each time you download an Metropolitan Theatres Feed.
Your download and/or use of a Metropolitan Theatres Feed indicate your agreement to these Standard License Terms.
- License. Subject to the terms of this Agreement Metropolitan Theatres grants you a non-exclusive license to display on your website (“Site”) the headlines, active links or other source identifiers and other information or materials that you specifically select to receive from Metropolitan Theatres via the Metropolitan Theatres Feed (“Metropolitan Theatres Content”). This grant is not transferrable nor sub licensable. All title, ownership rights and intellectual property rights in and to the Metropolitan Theatres Feed shall remain the property of Metropolitan Theatres. Nothing in these Standard License Terms grants you any right to use the Metropolitan Theatres or its properties (Scripted Bar & Kitchen, MXL) on your Site or elsewhere.
- Use of Metropolitan Theatres Content. You shall ensure that Metropolitan Theatres is given credit for all Metropolitan Theatres Content appearing in your site (for example, “From Metropolitan Theatres”) Furthermore, you shall not directly or indirectly charge users for accessing Metropolitan Theatres Content nor shall you re-sell or attempt to re-sell the Metropolitan Theatres Content in any manner. Where possible you must create a functional link back to the Metropolitan Theatres pages summarized by the Metropolitan Theatres Content. You shall not directly or indirectly change, edit, add to or produce summaries of the Metropolitan Theatres Content or any content on the Metropolitan Theatres website nor place any full-story Metropolitan Theatres content in an HTML frame-set. You shall not directly or indirectly suggest any endorsement or approval by Metropolitan Theatres of your Site or any non-Metropolitan Theatres entity, product or content or any views expressed within your site or service. You acknowledge and agree that all Metropolitan Theatres Content is under the sole and exclusive control of Metropolitan Theatres All inquiries received by you which relate to Metropolitan Theatres or Metropolitan Theatres Content should promptly be referred to Metropolitan Theatres at firstname.lastname@example.org.
- Warranties & Liability. You warrant to Metropolitan Theatres that: (i) you have fully complied with, and shall continue to comply fully with, all applicable laws, rules and regulations; (ii) the Site shall contain no material which is libelous, defamatory, pornographic, obscene, vulgar, deceptive, fraudulent, threatening, harassing, profane ,tortious, invasive of privacy or which brings Metropolitan Theatres into disrepute, or which is in breach of any third party intellectual property rights; and (iii) users of the Site shall be required to comply with terms that are equivalent to the Standard License Terms in relation to their use of Metropolitan Theatres Content. The Metropolitan Theatres Feed is made available by Metropolitan Theatres on an “as is” and “as available” basis and Metropolitan Theatres gives no warranty of any kind in relation to the Metropolitan Theatres Feed, the Metropolitan Theatres Content, or any content on the Metropolitan Theatres Site. Metropolitan Theatres disclaims all implied warranties, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, and accuracy regarding the Metropolitan Theatres Content, the Metropolitan Theatres Feed and the Metropolitan Theatres Site and any content thereon. TO THE MAXIMUM EXTENT PERMITTED BY LAW METROPOLITAN THEATRES EXCLUDES ALL LIABILITY TO YOU FOR ANY LOSS OR DAMAGE HOWSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO ANY LIABILITY ARISING IN RELATION TO THE METROPOLITAN THEATRES FEED, THE METROPOLITAN THEATRES CONTENT OR ANY CONTENT ON THE METROPOLITAN THEATRES WEBSITE, ANY VIRUS OR OTHER CONTAMINATION OR ANY UNAVAILABILITY OF METROPOLITAN THEATRES CONTENT. Each provision of this Clause 3 operates separately in itself and survives independently of the others.
- Indemnity. You hereby agree to indemnify, hold harmless and defend Metropolitan Theatres in respect of all damages, costs and expenses, including reasonable legal fees and litigation expenses, arising out of or as a result of any breach of the Standard License Terms or otherwise in connection with your use of the Metropolitan Theatres Feed (including the Metropolitan Theatres Content).
- Termination. You may terminate this Agreement and the license granted herein at any time by destroying or removing all copies of any Metropolitan Theatres Feed (including Metropolitan Theatres Content) from your Site, all hard drives, networks and other storage media. 5.2 Metropolitan Theatres may restrict, suspend or terminate the Metropolitan Theatres Feed, this Agreement, the license granted herein or your access to the Metropolitan Theatres Feed at any time without liability. You agree to destroy all copies of the Metropolitan Theatres Feed (including the Metropolitan Theatres Content) upon receiving notice of termination from Metropolitan Theatres. Clauses 3, 4 and 6 shall survive termination of this Agreement.
- General. Neither party may assign, charge, sublicense or otherwise deal with its rights or obligations in this Agreement in whole or in part to any third party. This Agreement supersedes all prior agreements, arrangements and understandings between the parties concerning its subject matter. Each of the parties acknowledges that it has not relied on any statement made by the other in the course of entering into this Agreement. Any failure or delay by either party in exercising its rights under any provisions of this Agreement shall not be construed as a waiver of those rights at any time now or in the future.
METROPOLITAN THEATRES RESERVES THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THIS SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME WITH OR WITHOUT NOTICE.
DISCLAIMER OF WARRANTIES THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, INFORMATION, SOFTWARE, SERVICES, GRAPHICS, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. METROPOLITAN THEATRES DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS OR SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT METROPOLITAN THEATRES’ WEB SITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. METROPOLITAN THEATRES DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN METROPOLITAN THEATRES’ OPERATING WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT METROPOLITAN THEATRES) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
LIMITATION OF LIABILITY BY ENTERING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE IS AT YOUR OWN RISK AND THAT IN NO EVENT SHALL METROPOLITAN THEATRES OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS RELATED THERETO, OR ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE INCLUDING, WITHOUT LIMITATION, LOSS OF REVENUE, OR ANTICIPATED PROFITS OR LOSS OF BUSINESS OR LOST SALES EVEN IF METROPOLITAN THEATRES OR SUCH INDIVIDUAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF METROPOLITAN THEATRES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LISTED LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL METROPOLITAN THEATRES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED TRANSMITTED, EXCHANGED, OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THIS SITE.
OTHER COUNTRIES We control and operate this Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access this Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Metropolitan Theatres makes no claims that the content of this Site is appropriate outside of the United States. If you access this Site outside the United States, you do so at your own risk and are responsible for compliance with the laws of the country or other territory in which you are located.
GENERAL TERMS This Agreement constitutes the whole legal agreement between you and Metropolitan Theatres and governs your use of the Site, and completely replaces any prior agreements between you and Metropolitan Theatres in relation to the Site. You agree to comply with all laws, rules and regulations applicable to your use of the Site. You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, Metropolitan Theatres shall be entitled to seek immediate equitable relief, including injunctive relief. You agree that if Metropolitan Theatres does not exercise or enforce any legal right or remedy which is contained in this Agreement, or which Metropolitan Theatres has the benefit of, such failure will not be taken to be a formal waiver of Metropolitan Theatres’ rights and that those rights or remedies will still be available to Metropolitan Theatres. If any court having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from this Agreement without affecting the rest of the terms herein. This Agreement shall be governed by the laws of the State of California without regard to the conflicts of laws provisions of any jurisdiction. Every dispute concerning the interpretation or effect of this Agreement and/or your use of the Site must be resolved in the state or federal courts situated in the State of California. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts.
If you have any questions about this Agreement, you can contact us as follows: You can send your request for information to the following email address: email@example.com. You can send your request for information to the following postal address:
8727 W. 3rd Street
Los Angeles, CA 90048