Last Updated: May 1, 2010
Sausalito Electric Theatre Co. is strongly committed to protecting user privacy. We will not share nor sell email addresses nor any other personal information we receive from users to any other organization, and will use that information solely for managing each user's experience within the interactive drama and the Website.
Terms and Conditions of Use Notice
Welcome to "The Koi Pond", an interactive drama, and the Sausalito Electric Theatre Co. Website (which we'll refer to here as “the Website”). Please read this Terms and Conditions of Use Notice (“Notice”) carefully before exchanging any information or input with or within the Website. By viewing or otherwise using this Website, you agree you are 16 or older and agree to the terms and conditions in this Notice.
We reserve the right in our sole discretion to add to, change, modify, or remove portions of this Notice at any time. We'll provide notice of such changes only by posting the updated Notice on our Website and changing the “last updated” date listed above.
If you have any questions regarding the use of the Website, please feel free to email us.
All Website materials, including, without limitation, logos, designs, text, graphics, other files, and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Sausalito Electric Theatre Co. or its authors or licensors. You may electronically copy and print to hard copy portions of this Website for the sole purpose of participating in the interactive play, provided you keep all copyright or other proprietary notices intact. Any other use of Content, including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance, without the prior written permission of Sausalito Electric Theatre, is strictly prohibited.
“Sausalito Electric Theatre,” “The Koi Pond,” and other trademarks on the Website are trademarks of Sausalito Electric Theatre Co. or its authors or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Sausalito Electric Theatre. In addition, all page headers, emails, email formats, custom graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of Sausalito Electric Theatre, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Sausalito Electric Theatre. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Website are the property of their respective owners.
Sausalito Electric Theatre may have other patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in any Web pages, and any software part of the Website. Except to the extent we may have granted you licenses to certain intellectual property in this Notice, our providing you with such Web pages or any software does not give you any license to our intellectual property. Any rights not expressly granted herein are reserved.
Emails, Text, Tweets and other Submissions
In the course of participating in the interactive play, you will have the opportunity to send a wide variety of messages to email addresses, Facebook accounts, Twitter accounts etc. that are affiliated with the Website. By submitting, disclosing, or sharing any text, photograph, image, video, comments, feedback, postcards, suggestions, ideas, notes, drawings, concepts, and other information, content or material, or other item (each, a “Submitted Item”) to Sausalito Electric Theatre, either online or offline and whether or not solicited by Sausalito Electric Theatre, you hereby grant to Sausalito Electric Theatre an irrevocable, nonexclusive, worldwide, royalty-free, perpetual right and license to use, display, publicly perform, modify, reproduce, publish, distribute, make derivative works of, sublicense, and otherwise commercially and non-commercially exploit your Submitted Items and all copyright, trade secret, trademark, or other intellectual property rights therein, in any manner or medium now existing or hereafter developed (including but not limited to print, film, or electronic storage devices), without compensation of any kind to you or any third party.
You hereby represent and warrant (a) you have all necessary right, power, and authority to grant the license set forth herein to your Submitted Item, and (b) your Submitted Item does not violate, misappropriate, or infringe any copyright, trade secret, trademark or other intellectual property right of any third party.
This Website might include discussion forums or other interactive areas, including, but not limited to, comment sections where users can write content that is immediately displayed. All such forums and interactive areas shall be used only for non-commercial purposes. You are solely liable for any material you upload or transmit to the discussion forums or interactive areas of this Website. You agree not to use the Website to do any of the following:
Upload, post, e-mail, transmit, distribute or otherwise publish any message, information, text or other material (“Material”) that may be considered to be unlawful, harmful, libelous, tortious, defamatory, obscene, vulgar, pornographic, indecent, lewd, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, hateful, or racially, ethnically or otherwise objectionable;
Upload or transmit any Material that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, any rules of any securities exchange such as the New York Stock Exchange, the American Stock Exchange, or the NASDAQ;
Upload, e-mail, transmit, or otherwise make available any Material that might infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party; Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
Without Sausalito Electric Theatre's written permission, distribute, publish, or make available any unsolicited or unauthorized promotions, advertising or solicitations for funds, goods or services, including junk mail, spam, and chain letters;
Harm minors in any way; or
Upload, post, e-mail, transmit, or otherwise make available any Material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
THIS WEBSITE AND THE CONTENT AVAILABLE ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND YOU AGREE USE OF THIS WEBSITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK. SAUSALITO ELECTRIC THEATRE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SAUSALITO ELECTRIC THEATRE DOES NOT REPRESENT OR WARRANT MATERIALS ON THIS WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SAUSALITO ELECTRIC THEATRE DOES NOT REPRESENT OR WARRANT THIS WEBSITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE YOUR USE OF THE Website AND CONTENT IS AT YOUR SOLE RISK.
Sausalito Electric Theatre reserves the right to change any and all Content contained on this Website at any time without notice.
Limitation of Liability
IN NO EVENT SHALL SAUSALITO ELECTRIC THEATRE OR ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THIS Website OR CONTENT CONTAINED ON, OR ACCESSED THROUGH, THIS Website, EVEN IF SAUSALITO ELECTRIC THEATRE 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 might not apply to you.
You agree to defend, indemnify and hold harmless Sausalito Electric Theatre, its affiliates, and all of their officers, directors, agents, suppliers, and licensors from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website or any Materials or Submissions you provide, including, but not limited to, any claim by a third party that any Materials or Submissions infringe or violate such third party’s rights or interests.
Removal and Disclosure
We reserve the right to, at our sole discretion, remove, take down, destroy or delete any Material and Submissions at any time and for any reason, including, but not limited to Material and Submissions, that we deem inappropriate or which we believe might subject us to any liability. We may access, use and disclose transaction information about your use of our Website, and any Material and Submissions transmitted by you via or in connection with our Website, to the extent permitted by law, in order to comply with the law (e.g., a lawful subpoena); to initiate, render, bill and collect for our products and services; to protect our rights or property, or to protect users of our Website from fraudulent, abusive, or unlawful use of our Website. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS NOTICE OR ANY RELATED POLICY, GUIDELINE OR AGREEMENT, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON YOUR BEHALF, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY YOU.
These terms and conditions shall be governed by and construed in accordance with the laws of the state of California, without regard to its choice of law principles to the contrary. You agree any action at law or in equity arising out of or relating to these terms and conditions shall be filed only in the state and federal courts residing in Marin County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of this Notice.
Sausalito Electric Theatre reserves the right, without notice and in its sole discretion at any time, to terminate your license to use this Website, to block or prevent future access to and use of this Website, and to remove and discard any Material and Submissions.
If any provision of this Notice shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Notice and shall not affect the validity and enforceability of any remaining provisions.