TERMS & CONDITIONS

By accessing, viewing or otherwise using this website you are agreeing to the following. Please read these Terms of Use carefully:

1. Acceptance of Terms of Use

1.1 This website is owned by and under the control of the Carolina Theatre of Greensboro Inc. (“Carolina Theatre”). Access to and use of this website are subject to these Terms of Use, any Agreements and applicable laws and regulations (including all export and import laws, regulations and restrictions), all of which are subject to change and revision from time to time without prior notice. The terms “you” and “User” as used herein refer to all individuals or entities accessing this website for any reason. If you do not accept the Terms of Use stated herein, do not use this website. Use of this website constitutes consent to be bound by the Terms of Use.

1.2 From time to time, Carolina Theatre may (a) supplement or make changes to these Terms of Use and other rules or access and use procedures, documentation, security procedures and standards for equipment, (b) change the type and location of Carolina Theatre’s system equipment, facilities or software, or (c) modify or withdraw any particular service referred to in this website or any Carolina Theatre database, material, service or system. Use of this website constitutes consent to be bound by the most recently updated version of the Terms of Use.

2. Website Content

2.1 This website is provided without charge as a convenience to visitors to be used for the purposes of information, entertainment and communication only. While the information contained in this website originating from Carolina Theatre has been prepared and compiled from sources believed to be reliable, Carolina Theatre makes no guarantee as to, and assumes no responsibility for, the correctness, sufficiency, or completeness of the information, material, event information or recommendations contained on this website.

2.2 The Carolina Theatre website may contain inaccuracies or typographical errors. Carolina Theatre does not represent or endorse the accuracy or reliability of any of the information or content contained on, distributed through, or linked, downloaded or accessed from this website, nor the quality of any information or other materials or services displayed or obtained by you as a result of your use of this website or any Carolina Theatre Content (as defined in Paragraph 3.1 below). Carolina Theatre reserves the right, in its sole discretion and without any obligation, to correct any error or omissions in any portion of this website or any Carolina Theatre Content at any time, with or without notice to you. Changes are periodically made to Carolina Theatre Sites and may be made at any time.

3. Your Use of This Website

3.1 Without Carolina Theatre’s prior written consent, which consent may be given or withheld in Carolina Theatre’s sole discretion, you may not: (a) resell, sublicense, rent, lease or otherwise publicly distribute any of Carolina Theatre’s content, services, materials, information, databases and systems (“Carolina Theatre Content”), or any part or parts thereof or information contained therein, or any access thereto; (b) copy or transfer any Carolina Theatre Content, except as permitted by Carolina Theatre; or (c) modify, adapt, reverse engineer, decompile, disassemble, translate or convert any portion of Carolina Theatre’s databases or system, or the selection, coordination or arrangement of services in any Carolina Theatre database.

3.2 You agree not to use this website in order to transmit, upload, post, email, distribute, store, export, re-export or destroy material, including without limitation, Carolina Theatre Content or any
other Content:

• (a) in violation of U.S. export control laws and regulations;
• (b) in violation of any federal or state law or regulation, including data privacy laws and communication regulations and tariffs, whether intentionally or unintentionally;
• (c) in a manner that infringes the intellectual property rights of a third party, is in violation of a contractual or fiduciary relationship (e.g., inside information, proprietary and confidential information, trade secret), or is made in furtherance of an illegal or fraudulent scheme or activity;
• (d) that constitutes unsolicited or unauthorized advertising, such as junk mail, spam, chain letters or any other form of solicitation;
• (e) that is harmful to minors; or
• (f) that is defamatory, obscene, libelous, invasive of another’s privacy, abusive, threatening, or hateful.

4. Site Security

4.1 You are prohibited from violating or attempting to violate the security of this website, including without limitation, the following activities: (a) accessing data, servers, accounts, databases, etc. which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Carolina Theatre site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Carolina Theatre may investigate occurrences which potentially involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting you if you are involved in such activities.

4.2 Carolina Theatre reserves the right to terminate access to this website or take other actions it reasonably believes necessary to comply with the law or to protect its rights or customers. Any access or attempt to access or use this website for any unauthorized or illegal purpose is strictly prohibited.

5. Privacy and Personal Information

5.1 You agree to the use of your data in accordance with Carolina Theatre’s Privacy Policy, which may be found by clicking here.

6. DISCLAIMERS OF WARRANTIES

6.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL INFORMATION AND CONTENT ON OR OBTAINED THROUGH THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, AND YOU HEREBY WAIVE ALL OTHER WARRANTIES RELATING THERETO, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR WARRANTY AGAINST INTERFERENCE OR INFRINGEMENT. CAROLINA THEATRE DOES NOT WARRANT THAT ANY INFORMATION, CONTENT OR OTHER MATERIAL WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF ANY CAROLINA THEATRE SERVICE, DATABASE OR OTHER MATERIAL OR ANY THIRD PARTY SERVICES, PROGRAMS, SYSTEMS OR DATA USED WITH OR THROUGH OR PROVIDED BY CAROLINA THEATRE, OR ANY PART THEREOF, WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY DEFECTS IN SUCH INFORMATION, SERVICES, SYSTEMS, DATABASES OR MATERIALS WILL BE OR CAN BE CORRECTED. IN NO EVENT SHALL CAROLINA THEATRE HAVE ANY LIABILITY TO YOU (INCLUDING LIABILITY TO ANY PERSON OR PERSONS WHOSE CLAIM OR CLAIMS ARE BASED ON OR DERIVED FROM A RIGHT OR RIGHTS CLAIMED BY YOU) WITH RESPECT TO ANY AND ALL CLAIMS AT ANY AND ALL TIMES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THIS WEBSITE, IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

6.2 YOU ASSUME THE RESPONSIBILITY TO TAKE ADEQUATE PRECAUTIONS AGAINST DAMAGE TO YOUR SYSTEMS OR OPERATIONS WHICH COULD BE CAUSED BY DEFECTS OR DEFICIENCIES IN THIS WEB SITE, ANY CAROLINA THEATRE INFORMATION, SERVICE, SYSTEM, DATABASE OR MATERIAL, OR PART THEREOF. YOU ALSO ACKNOWLEDGE THAT ELECTRONIC COMMUNICATIONS AND DATABASES ARE SUBJECT TO ERRORS, TAMPERING AND BREAK-INS AND THAT WHILE CAROLINA THEATRE WILL IMPLEMENT REASONABLE SECURITY PRECAUTIONS TO ATTEMPT TO PREVENT SUCH OCCURRENCES, CAROLINA THEATRE DOES NOT GUARANTEE THAT SUCH EVENTS WILL NOT TAKE PLACE.

6.3 YOU ALSO ARE SOLELY RESPONSIBLE FOR ENSURING THAT ANY INPUT OF INFORMATION MADE BY OR FOR YOU TO THIS WEBSITE OR ANY CAROLINA THEATRE INFORMATION, SERVICE, SYSTEM OR DATABASE DOES NOT CONTAIN ANY VIRUS OR OTHER COMPUTER SOFTWARE CODE OR ROUTINE DESIGNED TO DISABLE, ERASE, IMPAIR OR OTHERWISE DAMAGE THE SITE OR ANY SYSTEM, SOFTWARE OR DATA OF OR ANY OTHER USER OF CAROLINA THEATRE INFORMATION, SERVICES, DATABASES, MATERIALS
OR SYSTEM. YOU HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD CAROLINA THEATRE AND ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS AND SUPPLIERS HARMLESS FROM ANY LIABILITY, CLAIM, COST OR DAMAGE ARISING OUT OF ANY CLAIM OR SUIT BY ANY SUCH USER CAUSED BY SUCH VIRUS OR CODE OR SUBROUTINE.

7. LIMITATION OF LIABILITY

7.1 NEITHER CAROLINA THEATRE NOR ITS EMPLOYEES, OFFICERS, AGENTS, REPRESENTATIVES, LICENSORS OR SUPPLIERS SHALL IN ANY EVENT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, REVENUES, BUSINESS OPPORTUNITIES OR BUSINESS ADVANTAGES WHATSOEVER, NOR FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL LOSSES, DAMAGES OR EXPENSES DIRECTLY OR INDIRECTLY RELATING TO THE USE OR MISUSE OF THIS WEBSITE, OR WITH RESPECT TO ANY OTHER HYPERLINKED WEBSITE, OR ANY CAROLINA THEATRE INFORMATION, CONTENT OR OTHER MATERIAL OR SOFTWARE USED THEREWITH, THE USE OR FAILURE, NON-COMPLIANCE OR LIMITED AVAILABILITY OF ANY CAROLINA THEATRE INFORMATION, CONTENT, OR SERVICE PROVIDED BY CAROLINA THEATRE THROUGH THIS WEBSITE, ANY INFORMATION PROVIDED IN THE CAROLINA THEATRE SYSTEM OR ANY OBLIGATION UNDER OR SUBJECT MATTER OF THIS WEBSITE, WHETHER SUCH CLAIM IS BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER THEORY OF RELIEF, OR WHETHER OR NOT CAROLINA THEATRE IS INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnity

8.1 You agree to defend, indemnify, and hold harmless Carolina Theatre, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, and attorneys from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the website and any breach by you of these Terms of Use.

9. Trademarks and Copyright

9.1 Except as otherwise identified, the trademarks, trade names, logos, slogans and service marks appearing at this website, including CAROLINA THEATRE and the CAROLINA THEATRE log, and copyrights, including artwork, photographs, names and other elements, whether registered or unregistered, are the property of Carolina Theatre. Such trademarks and copyrights are not to be copied, reproduced, published or in any way used without written permission. No part of this website may be published, stored or transmitted in any form or means without our express written permission. You may download Carolina Theatre Content displayed on this website for non-commercial, personal use only and must retain all copyright and other proprietary notices contained in the Carolina Theatre Content. Any use of the website Content or any trademarks or copyrighted materials other than for private, non-commercial viewing purposes is strictly prohibited.

10. Miscellaneous

10.1 If any part or parts of these Terms of Use are held to be invalid, the remaining parts will continue to be valid and enforceable. Nothing in these Terms of Use affects any statutory rights of Users that cannot be waived or limited by contract.

10.2 The use by you of this website, Carolina Theatre Content, and any and all other matters between Carolina Theatre and you related hereto, shall be governed by applicable United States federal law and the laws of the State of North Carolina, excluding its conflict-of-laws rules. You hereby agree to waive any right to a jury trial in any suit arising out of or relating to this website or any Carolina Theatre information, content or service. Any suit or proceeding arising out of or relating hereto must be commenced within one year from the date the right, claim, demand or cause of action being asserted first came into being. Venue for all disputes arising out of or relating to this Agreement shall be in the state and federal courts situated in Greensboro, North Carolina.

10.3 Any software which is downloaded from this website or other Carolina Theatre system or service for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”), is provided with Restricted Rights. Use, duplication or disclosure by the U.S. Government is subject to restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable.

11. Entire Agreement

11.1 These Terms of Use constitute the entire agreement between you and Carolina Theatre with respect to the subject matter contained herein and supersede any other agreement, proposals and communications, written or oral, between you and Carolina Theatre with respect to the subject matter hereof; except that any other terms and conditions that may be located on this website outside of these Terms of Use are incorporated herein by reference to the extent that they do not conflict with the Terms of Use.

12. Contact Information.

12.1 If you have any questions regarding this website or its contents, or these Terms of Use, contact Carolina Theatre at [email protected].