Terms & Conditions
TERMS AND CONDITIONS
The website of the Provincetown Theater provides information for and about specific theatre services in Provincetown, MA. The following Terms and Conditions apply to all use of the website. The Provincetown Theater reserves the right, in its sole discretion, to update or revise these Terms and Conditions at any time, so please visit the website periodically to review the current Terms and Conditions. By using the website, you have agreed to comply with the Terms and Conditions set forth below and any modifications hereto. A violation of any of these policies grants The Provincetown Theater the authority to take action immediately to restrict or terminate your access to the Sites. The Provincetown Theater shall not be liable to you or to any third party for any claim or cause of action arising out of such termination.
In addition to the Terms and Conditions set forth below, any use of the website is governed by all applicable laws, ordinances, and regulations. This includes, with limitation, laws relating to copyright, trademark, obscenity, defamation, privacy rights, false advertising, fraud, antitrust, and "anti-competitive" activities and other unfair trade practices.
If you are entering this agreement on behalf of a corporation or other legal entity, or accessing or using this site as part of your duties as an employee of a corporation or other legal entity, you hereby represent and warrant to The Provincetown Theater that you are authorized to act on behalf of such corporation or legal entity and to bind the same to these terms and all obligations arising hereunder.
All information, data, products, text, content, photograph, video, and audio provided or appearing on the website ("Materials") are proprietary to The Provincetown Theater or other third parties and are protected by patent, copyright, and trademark laws. You must abide by all additional copyright notices or restrictions contained in this service.
You may create Web links to any URL on the Provincetown Theater website, including articles.
You may not copy, reproduce, distribute, publish, display, perform, or in any way exploit any part of the website, except that you may download material from this service for your own personal, noncommercial use. Without limiting the generality of the foregoing, you may not distribute any part of this service over any network, including a local area network, nor sell nor offer it for sale without the express written consent of The Provincetown Theater. In addition, these files may not be used to construct any kind of database.
The Provincetown Theater will enforce its intellectual property rights to the maximum extent possible.
DISCLAIMER OF LIABILITY
The Provincetown Theater shall not be held liable for any improper or incorrect use of the information described and/or contained herein and assumes no responsibility for anyone's use of the information. IN NO EVENT SHALL The Provincetown Theater BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING BUT NOT LIMITED TO CONTRACT, STRICT LIABILITY, OR TORT ARISING IN ANY WAY OUT OF THE USE OF THIS SYSTEM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. This disclaimer of liability applies to any damages or injury, including but not limited to those caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence or under any other cause of action. Neither The Provincetown Theater nor any other party involved in creating, producing, maintaining or delivering the website shall be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to or use of the website or your downloading of any material or information from the website.
DISCLAIMER OF WARRANTIES/ACCURACY OF DATA
Although the data found using the website have been produced and processed from sources believed to be reliable, no warranty expressed or implied is made regarding accuracy, adequacy, completeness, legality, reliability, or usefulness of any information. This disclaimer applies to both isolated and aggregate uses of the information. The Provincetown Theater provides this information on an "as is" basis. TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES OF ANY KIND, EXPRESS OF IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, FREEDOM FROM IN ACCURACIES AND CONTAMINATION FROM COMPUTER VIRUSES AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE DISCLAIMED. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. No information, whether oral or written, obtained by you from the website, The Provincetown Theater or its agents or employees shall create any warranty not expressly made in these Terms and Conditions. Changes may be periodically added to the information herein; these changes may or may not be incorporated in any new version of the publication. If you have obtained information from The Provincetown Theater from a source other than The Provincetown Theater, be aware that electronic data can be altered subsequent to original distribution. Data can also quickly become out-of-date. It is recommended that careful attention be paid to the contents of any metadata associated with a file, and that the originator of the data or information be contacted with any questions regarding appropriate use. If you find any errors or omissions, we encourage you to report them to our web coordinator at firstname.lastname@example.org.
You shall not in any manner: (i) sell, loan, rent, lease, re-license, sublicense, transmit, distribute, re-distribute, or timeshare the website, or create any Internet "link" to the website without prior express authorization from The Provincetown Theater, or "frame" or "mirror" the materials or services contained on or accessible from the website on any other server or Internet-based device; (ii) cause or permit the reverse engineering, disassembly, decompilation of, or any other attempt to derive any software comprising or available through the website, except to the extent permitted by law; or (iii) remove, alter, amend, or otherwise tamper with any titles, trademarks, copyright, restricted rights notices, or other proprietary rights legend, or any license agreement, included or provided with the website; (iv) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (v) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs, cancelbots; (vi) interfere with or disrupt servers or networks connected to the website, or violate the regulations, policies or procedures of such networks; (vii) attempt to gain unauthorized access to the website, other accounts, computer systems or networks connected to the website, through password mining or any other means; or (viii) harass or interfere with another user's use and enjoyment of the website.
The Provincetown Theater does not edit, censor, or otherwise control your participation on or use of the website. The Provincetown Theater, however, reserves the right to monitor content on the website, including but not limited to chat rooms, bulletin boards or other user discussions, and to remove content that The Provincetown Theater, in its sole discretion, determines to be unlawful, harmful, offensive, fraudulent, or otherwise in violation of these Terms and Conditions.
To maintain an informative and valuable service for users of the website, you may only submit to the website content that is: (a) owned by you, (b) submitted with the express permission of the owner, or (c) in the public domain. You are prohibited from posting or transmitting to or from the website any unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, obscene, pornographic, or other materials that would violate any law or the rights of others. The Provincetown Theater assumes no responsibility for liability or damage that might result from use of any information exchanged on the website.
For information or comments that you submit to the website for any purpose, you grant The Provincetown Theater an unrestricted, worldwide, irrevocable license to use, reproduce, display, modify, transmit, and distribute such information or comments. The Provincetown Theater will not release your name or otherwise publicize the fact that you submitted such information or comments to The Provincetown Theater unless: (a) you grant The Provincetown Theater permission to do so, (b) The Provincetown Theater first notifies you that the information or comments you submit to a particular part of the site will be published or otherwise used with your name on it, or (c) The Provincetown Theater is required to do so by law.
User agrees to defend, indemnify, and hold harmless The Provincetown Theater, its contributors and affiliates, any entity jointly created by them, their respective directors, officers, employees, and agents from and against all claims, demands, and expenses, including attorneys' fees, arising out of your use of the website, your violation of these Terms and Conditions, your infringement (or the infringement by another user who accesses the website using your computer equipment) of any intellectual property or other right of any person or entity.
DISCLAIMER OF ENDORSEMENT
The Provincetown Theater is a distributor of content sometimes supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, users, or others, are those of the respective author(s) or distributor(s) and do not necessarily state or reflect those of The Provincetown Theater.
Reference herein to any specific commercial products, or service by trade name, trademark, manufacturer, or otherwise, does not constitute or imply its endorsement, recommendation, or favoring by The Provincetown Theater and shall not be used for advertising or product endorsement purposes.
DISCLAIMER FOR HYPERTEXT LINKS
The website may contain links to third-party websites that are not under our control. Neither The Provincetown Theater nor its contributors are responsible for the content of third-party websites. The user specifically acknowledges that neither The Provincetown Theaternor its contributors are liable for the defamatory, offensive, or illegal conduct of other users, links, or third parties and that the risk of injury from the foregoing rests entirely with the users.
The links contained in this website will let you leave the site. The linked sites are not under the control of The Provincetown Theater and The Provincetown Theater is not responsible for the content of any linked site or any link contained in a linked site, or any changes or updates to such sites. The Provincetown Theater is not responsible for webcasting or any other form of transmission received from any linked site. Fairfield Theatre Company is providing these links as a convenience, and the inclusion of any link does not imply endorsement by The Provincetown Theater of the site. It is the responsibility of the web user to evaluate the content and usefulness of information obtained from other sites.
DISCLAIMER OF DUTY TO CONTINUE PROVISION OF DATA
User expressly agrees that use of The Provincetown Theater Home Page is at the user's sole risk. The Provincetown Theater does not warrant that the services will be uninterrupted or error free.
SALE OF GOODS AND SERVICES
Users entering The Provincetown Theater commerce area may place orders for products and services. The Provincetown Theater commerce area enables users to complete the forms required to place orders for products and services. Users can then send the completed forms directly to The Provincetown Theater, by E-mail.
By entering The Provincetown Theater commerce area, users agree that their completion of order forms and transmission of the forms to vendors creates binding contracts. Users also agree that the terms of all such contracts shall be interpreted in accordance with Article 2 of the Uniform Commercial Code ("UCC"). Users agree that the fact that they complete order forms online, rather than on paper, does not affect the binding nature of these contracts. Users agree that they will not challenge the validity, legality or enforceability of any contract they enter at The Provincetown Theater commerce area. In particular, users agree not to contest any contract based on any law that relates to whether an agreement is "in writing" or "signed" by a party against whom the contract is to be enforced.
To access certain portions of the website, you must be a registered member of The Provincetown Theater. You agree to provide truthful and accurate information during the registration process or when prompted through a form or email request. You agree to maintain the accuracy of any submitted data. You are responsible for maintaining the confidentiality of your membership account access information and/or password. You are responsible for all uses of your account, whether or not expressly authorized by you. You may not transfer or assign to any third party, in whole or in part, your rights or permissions as a registered member without the prior written consent of The Provincetown Theater.
MODIFICATIONS TO THE WEBSITE
The Provincetown Theater reserves the right, in its sole discretion, to modify, suspend, or discontinue any part of the website at any time, with or without notice to you. The Provincetown Theater also reserves the right, in its sole discretion, to impose limits on certain features and services and to restrict access to any part or to all of the website without notice to you.
GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. In the event of a dispute, both you and The Provincetown Theater agree to submit to the exclusive jurisdiction of the courts of the State of Massachusetts.
The Provincetown Theater's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by The Provincetown Theater in writing. If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.
The systems needed in order for you to be able to purchase a ticket from the comfort of your home are costly for us to establish and maintain. “Convenience” means exactly that. We save you the time, trouble, and expense of having to get in your car and come to us to purchase your tickets in advance. We make it possible for you to do this 24/7, but it is not without costs which we, like every other professional venue, must pass on to you, our patrons. The Convenience Fee is competitive with other nonprofit venues in our region, and includes the percentage and volume charges credit card providers charge FTC. If you choose, you can avoid this fee by coming to our box-office in person during posted box-office hours. The per order fee is there to defray the cost of our personnel who process each order, as well as the cost of printing the tickets.
Any Facilities surcharges assessed at The Provincetown Theater goes to support the venue itself.
In live entertainment artist contracts are based on ticket price, excluding the cost of selling the ticket. The industry norm is to present ticketing fees as a separate cost. All venues incur these costs, though some get weary of having to explain, and bury them in the ticket price. Preferring transparency, we have endeavored to keep our ticket prices affordable, and our fees competitive with those at other venues you may frequent. Unlike some of the larger ticketing agencies which aim to profit from each transaction, we are simply trying to recover costs. These costs add up, and if we didn't pass them on them to you, our patrons, we would lose money on every show and be out of business pretty quickly. We hope this brings some clarity to what can be a confusing topic. If you enjoy the steady stream of live entertainment, and cultural opportunities FTC provides in your community, then please consider the entire cost of delivery. The next time you come see a show, look around and take into account how much goes into making the evening what it is. Then sit back and enjoy the fact that a whole bunch of people are working very hard so you can have a good time. Enjoy the show!