BUCKHANNON OPERA HOUSE

TERMS ● CONDITIONS ● PRIVACY POLICY

Please read these Terms of Service (this "Agreement") carefully. Your use of the Site (as defined below), including any Buckhannon Opera House products, software, data feeds and services made available to you on, from or through the Site and its respective sub-domains constitutes your consent to this Agreement. If you do not agree with the terms of this Agreement, the please do not use our Site.

This Agreement is between you and the Buckhannon Opera House concerning your use of, including any access to, our Site.  Your use of the Site is governed by this Agreement regardless of how you access the Site, including through a mobile device, computer, television or other platform, device or hardware. This Agreement hereby incorporates by this reference any additional terms and conditions posted by the Buckhannon Opera House through the Site, or otherwise made available to you by the Buckhannon Opera House.

BY USING THE SITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT OR, IF YOU ARE NOT, THAT YOU HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THIS AGREEMENT.

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 20 BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND.

CHANGES

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

Your use of the Site following any changes to this Agreement will constitute your acceptance of such changes. The "Last Updated" legend below indicates when this Agreement was last changed, and you should periodically review the most up-to-date version of this Agreement. We may, at any time and without liability, modify or discontinue all or part of the Site, including access to the Site via any third party links, charge, modify or waive any fees required to use the Site; or offer opportunities to some or all Site users.

INFORMATION SUBMITTED THROUGH THIS SITE

Your submission of information through the Site is governed by the Buckhannon Opera House Privacy Policy, incorporated below.  You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.

JURISDICTIONAL ISSUES

The Site is controlled or operated (or both) from the United States and is not intended to subject the Buckhannon Opera House to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

RULES OF CONDUCT

In connection with the Site, you must not:

• Post, transmit or otherwise make available through or in connection with the Site any materials that are or may be: (a) threatening, harassing, abusive, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner.
• Post, transmit or otherwise make available through or in connection with the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
• Use the Site for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site.
• Interfere with or disrupt the operation of the Site or the servers or networks used to make the Site available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from accessing the Site.
• Reproduce, copy, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, publish, perform, upload, post, distribute or otherwise exploit any portion of (or any use of) the Site except as expressly authorized herein, without the express prior written consent of the Buckhannon Opera House.
• Reverse engineer, decompile or disassemble any portion of the Site, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site.
• Frame or mirror any portion of the Site, or otherwise incorporate any portion of the Site into any product or service, without the express prior written consent of the Buckhannon Opera House.
• Systematically download and store Site content.
• Use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, "scrape," "data mine" or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without the express prior written consent of the Buckhannon Opera House. Notwithstanding the foregoing, and subject to compliance with any instructions posted in the robots.txt file located in the Site's root directory, the Buckhannon Opera House grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. The Buckhannon Opera House reserves the right to revoke such permission either generally or in specific cases, at any time and without notice.

You are responsible for obtaining, maintaining and paying for all hardware and all telecommunications and other services needed to use the Site.

OFFERINGS

The Site may make available listings, descriptions and images of goods or services or related coupons or discounts, including tickets to performances at the Buckhannon Opera House, merchandise and references and links to Offerings. Such Offerings may be made available by the Buckhannon Opera House or by third parties, and may be made available for any purpose, including general information purposes. The availability through the Site of any listing, description or image of an Offering does not necessarily imply our endorsement of such Offering or affiliation with the provider of such Offering. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of such listings, descriptions or images (including any features, specifications and prices contained therein). Such information and the availability of any Offering (including the validity of any coupon or discount) are subject to change at any time without notice. Certain weights, measures and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Offerings, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. It is your responsibility to ascertain and obey all applicable local, state, federal and foreign laws (including minimum age requirements) regarding the purchase, possession and use of any Offering.

TRANSACTIONS

We may make available the ability to purchase or otherwise obtain certain Offerings through the Site (a "Transaction"). If you wish to make a Transaction, you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT TO USE ANY CREDIT CARD THAT YOU SUBMIT IN CONNECTION WITH A TRANSACTION. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. By making a Transaction, you represent that the applicable Offerings will be used only in a lawful manner. To the extent an Offering may be subject to additional laws, rules or policies, you may be notified of such additional laws, rules or policies through the "shopping cart" functionality in the Buckhannon Opera House store.

The Buckhannon Opera House reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Offering; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; and to refuse to provide any user with any Offering. You agree to pay all charges incurred by you or on your behalf through the Site, at the prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes applicable to your Transactions. While it may be our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

Offerings will be shipped to an address designated by you, if applicable, so long as such address is complete and complies with the shipping restrictions contained on the Site. All Transactions are made pursuant to a shipment contract and, as a result, risk of loss and title for Offerings pass to you upon delivery of the Offerings to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Refunds and exchanges will be subject to the current applicable refund and exchange policies. With respect to performances, casts are subject to change without notice. In such instances, there are no refunds and exchange restrictions may apply.

REGISTRATION; USERNAME AND PASSWORDS

You may need to register to use all or part of the Site. We may reject, or require that you change, any username, password or other information that you provide to us in registering. Your user name and password are for your personal use only and should be kept confidential; you, and not the Buckhannon Opera House, are responsible for any use or misuse of your user name or password, and you must promptly notify us of any confidentiality breach or unauthorized use of your user name or password, or your Site account. Although the Buckhannon Opera House will not be liable for your losses caused by any unauthorized use of your username or password, you may be liable for the losses of the Buckhannon Opera House or others due to such unauthorized use.

PROFILES AND FORUMS

Site visitors may make available certain materials (each, a "Submission") through or in connection with the Site, including on profile pages or on the Site's interactive services, such as message boards and other forums, and chatting, commenting and other messaging functionality or through or in connection with a third party website or application. The Buckhannon Opera House has no control over and is not responsible for any use or misuse (including any distribution) by any third party of Submissions. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE THROUGH THE SITE, YOU DO SO AT YOUR OWN RISK.

LICENSE

For purposes of clarity, you retain ownership of your Submissions. For each Submission, you hereby grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without additional consideration to you or any third party, to reproduce, distribute, publish (including through RSS feeds), transmit, perform and display (publicly or otherwise), excerpt, create derivative works of, adapt (including the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies), modify, host, index, cache, tag, encode and otherwise use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose (including online and offline promotional purposes, such as testimonials).

In addition, if you provide to us any ideas, proposals, suggestions or other materials ("Feedback"), whether related to the Site or otherwise, such Feedback will be deemed a Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place the Buckhannon Opera House under any fiduciary or other obligation.

You are solely responsible for the content of your Submissions. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section, and that your Submissions, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.

MONITORING

We may and expressly reserve the right (but have no obligation) to monitor, scan, intercept, review, analyze, store, alter or remove any information (including Submissions or any messages, information, content or other materials sent to you, or received by you, in connection with the Site or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Site, and to monitor, review or analyze your access to or use of the Site, in each case by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy.

YOUR LIMITED RIGHTS

Subject to your compliance with this Agreement, and solely for so long as you are permitted by the Buckhannon Opera House to use the Site, you may view one (1) copy of any portion of the Site to which we provide you access under this Agreement, on any single device, solely for your personal, non-commercial, educational use. Apps are licensed (not sold) to you and other end users. Subject to your compliance with this Agreement, and solely for so long as you are permitted to use the App, we hereby permit you, on a limited, non-exclusive, revocable, non-transferable, non-sublicensable basis, to install and use the App on a mobile device that you own or control, solely for your personal, non-commercial and private use. If you fail to comply with any of the terms or conditions of this Agreement, you must immediately cease using the App and remove (that is, uninstall and delete) the App from your mobile device. You agree that you will not publicly display or perform, (in whole or in part) the Site, including any Content, Services or other materials made available through or in connection with the Site.

THE BUCKHANNON OPERA HOUSE’S PROPRIETY RIGHTS

We and/or our licensors and suppliers own the Site, including all text, audio, graphics, music, video, data, images, software and web site appearances, design, interactive features and other materials available through or in connection with the Site (collectively, "Content"), which is protected by proprietary rights and laws. Our trade names, trademarks and service marks include "BUCKHANNON OPERA HOUSE," and any associated logos. All trade names, trademarks, service marks and logos on the Site not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks or logos without the express prior written consent of the owner. You acknowledge that any use or reproduction of Content or any trade names, trademarks, service marks or logos by you, except as expressly permitted herein, will result in irreparable damage and you hereby consent to the entry of injunctive relief against such use.

THIRD PARTY MATERIALS; LINKS

Certain Site functionality may make available access to information, products, services, advertisements and other materials made available by third parties, including Submissions ("Third Party Materials"), or allow for the routing or transmission of such Third-Party Materials, including via links. By using such functionality, you are directing us to access, route and transmit to you the applicable Third-Party Materials.

We neither control nor endorse, nor are we responsible for, any Third-Party Materials, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Materials, or any intellectual property rights therein. Certain Third-Party Materials may, among other things, be inaccurate, misleading or deceptive. Nothing in this Agreement shall be deemed to be a representation or warranty by the Buckhannon Opera House with respect to any Third-Party Materials. We have no obligation to monitor Third Party Materials, and we may block or disable access to any Third-Party Materials (in whole or part) through the Site at any time. In addition, the availability of any Third-Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third-Party Materials, nor does such availability create any legal relationship between you and any such provider.

YOUR USE OF THIRD-PARTY MATERIALS IS AT YOUR OWN RISK AND IS SUBJECT TO ANY ADDITIONAL TERMS, CONDITIONS AND POLICIES APPLICABLE TO SUCH THIRD-PARTY MATERIALS (SUCH AS TERMS OF SERVICE OR PRIVACY POLICIES OF THE PROVIDERS OF SUCH THIRD-PARTY MATERIALS).

PROMOTIONS

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, "Promotions") made available through the Site may be governed by rules that are separate from this Agreement. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with this Agreement, the Promotion rules will govern.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE SITE AND ANY CONTENT, SERVICES, OFFERINGS, THIRD PARTY MATERIALS AND OTHER MATERIALS ARE MADE AVAILABLE TO YOU ON AN "AS IS," "WHERE IS" AND "WHERE AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY; AND (B) THE BUCKHANNON OPERA HOUSE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND ANY CONTENT, SERVICES, OFFERINGS, THIRD PARTY MATERIALS AND OTHER MATERIALS, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE BUCKHANNON OPERA HOUSE AND ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS, REPRESENTATIVES, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE "AFFILIATED ENTITIES"), AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

While we try to maintain the timeliness, integrity and security of the Site, we do not guarantee that the Site is or will remain updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may include inaccuracies, errors and materials that violate or conflict with this Agreement. Additionally, third parties may make unauthorized alterations to the Site. If you become aware of any such alteration, contact us with a description of such alteration and its location on the Site.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW: (A) THE BUCKHANNON OPERA HOUSE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OR DATA, BUSINESS INTERRUPTION, LOSS OF OTHER INTANGIBLES, LOSS OF SECURITY OF SUBMISSIONS (INCLUDING UNAUTHORIZED INTERCEPTION BY THIRD PARTIES OF ANY SUBMISSIONS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES; (B) WITHOUT LIMITING THE FOREGOING, THE BUCKHANNON OPERA HOUSE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR FROM ANY CONTENT, SERVICES, OFFERINGS, THIRD PARTY MATERIALS OR OTHER MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH OR ANY DAMAGE RESULTING TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE FROM ANY DOWNLOADS; (C) YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT, SERVICES, OFFERINGS, THIRD PARTY MATERIALS OR OTHER MATERIALS, IS TO STOP USING THE SITE; AND (D) THE MAXIMUM AGGREGATE LIABILITY OF THE BUCKHANNON OPERA HOUSE FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (I) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO THE BUCKHANNON OPERA HOUSE TO USE THE SITE, AND (II) TWENTY DOLLARS ($20.00). ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE FOR THE BENEFIT OF BOTH THE BUCKHANNON OPERA HOUSE AND THE AFFILIATED ENTITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.

INDEMNITY

To the fullest extent permitted under applicable law, you agree to defend, indemnify and hold harmless the BUCKHANNON OPERA HOUSE and the Affiliated Entities, and their respective successors and assigns, from and against all claims, demands, liabilities, damages, judgments, awards, losses, deficiencies, costs, expenses and fees (including attorneys' fees) arising out of or relating to (a) your use of, or activities in connection with, the Site (including all Content, Offerings, Services and Submissions); and (b) any violation or alleged violation of this Agreement or the law of any jurisdiction by you.

TERMINATION

This Agreement is effective until terminated. The Buckhannon Opera House may terminate or suspend your use of the Site at any time and without prior notice, for any or no reason, including if the Buckhannon Opera House believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. Upon any such termination or suspension, your right to use the Site will immediately cease, and the Buckhannon Opera House may, without liability to you or any third party, immediately deactivate or delete your user name, password and account, and all associated materials, without any obligation to provide any further access to such materials.

GOVERNING LAWS; ARBITRATION

The terms of this Agreement are governed by the laws of the United States (including federal arbitration law) and the State of West Virginia, U.S.A., without regard to its principles of conflicts of law, and regardless of your location. EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND THE BUCKHANNON OPERA HOUSE, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT THE BUCKHANNON OPERA HOUSE AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTAGE2021425&revision=latestreleased. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator. The arbitrator's decision will follow the terms of this Agreement and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of this Agreement, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in this Agreement will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

FILTERING

We hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from https://en.wikipedia.org/wiki/Comparison_of_content-control_software_and_providers. Please note that the Buckhannon Opera House does not endorse any of the products or services listed on such site.

INFORMATION OR COMPLAINTS

If you have a question or complaint regarding the Site, please send an e-mail, mail via the U.S. Postal Service or you can telephone.  Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.

COPYRIGHT INFRINGEMENT CLAIMS

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send to the Buckhannon Opera House a written notice by mail or e-mail requesting that the Buckhannon Opera House remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send to the Buckhannon Opera House a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. We suggest you consult your legal advisor before filing a DMCA notice or counter-notice.

EXPORT CONTROLS

You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a "terrorist supporting" country; or (b) on any of the U.S. government lists of restricted end users.

MISCELLANEOUS

This Agreement does not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and the Buckhannon Opera House. If any provision of this Agreement is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all your rights or obligations under this Agreement without our express prior written consent. We may assign, transfer or sublicense any or all our rights or obligations under this Agreement without restriction. No waiver by either party of any breach or default under this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term "including" or variations thereof in this Agreement shall be construed as if followed by the phrase "without limitation." This Agreement, including any terms and conditions incorporated herein, is the entire agreement between you and the Buckhannon Opera House relating to the subject matter hereof, and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and the Buckhannon Opera House relating to such subject matter. Notices to you (including notices of changes to this Agreement) may be made via posting to the Site or by e-mail (including in each case via links), or by regular mail. Without limitation, 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. The Buckhannon Opera House will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.

APPLE-SPECIFIC TERMS

In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any version of the App compatible with the iOS operating system of Apple Inc. ("Apple"). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to the Buckhannon Opera House in accordance with the "Information or Complaints" section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple's iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple's App Store Terms of Service, except that the App may also be accessed and used by other accounts associated with you via Apple's Family Sharing or volume purchasing programs. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, the Buckhannon Opera House’s right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.

 

PRIVACY POLICY

The Buckhannon Opera House (“we” or “us”) wants you to be familiar with how we collect, use, and disclose information. This Privacy Policy describes our practices in connection with information that we collect:

• through our website operated by us from which you are accessing this Privacy Policy (the “Websites”),
• through the software applications made available by us for use on or through computers and mobile devices (the “Apps”) and in connection with which you are accessing this Privacy Policy,
• through our social media pages and apps (collectively, our “Social Media Pages”), and
• and through HTML-formatted email messages that we send to you that link to this Privacy Policy

Collectively, we refer to the Websites, Apps, Social Media Pages, and email messages as the “Services.”

Personal Information

“Personal Information” is information that identifies you as an individual or relates to an identifiable individual, such as:

• Name
• Postal address
• Telephone number
• Email address
• Credit or debit card number

COLLECTION OF PERSONAL INFORMATION

We and our service providers collect Personal Information in a variety of ways, including: 

• Through the Services 
  We collect Personal Information through the Services, such as when you sign up for a newsletter, register an account to access the Services, or make a purchase.

• Offline 
  We collect Personal Information from you offline, such as when you visit our venue, attend one of our concerts or other events, place a ticket order over the phone, or contact customer service.

• From Other Sources 
  We receive your Personal Information from other sources, for example: 
  - entities that license our location for an event, such as a concert,
  - publicly available databases, and
  - joint marketing partners.

We need to collect Personal Information in order to provide the requested Services to you.  If you do not provide the information requested, we may not be able to provide the Services.  If you disclose any Personal Information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

USE OF PERSONAL INFORMATION

We and our service providers use Personal Information for legitimate business purposes including:   

• Providing the functionality of the Services and fulfilling your requests.
  - To provide the Services’ functionality to you, such as arranging access to your account, offering performance selection tools, and providing related customer service.
  - To respond to your inquiries and fulfill your requests, such as when you send us questions, suggestions, compliments or complaints, or request a brochure or other information.
  - To complete your transactions and provide you with related customer and/or Patron service.
  - To send administrative information to you, such as changes to our terms, conditions, and policies.
  - To allow you to send messages to another person if you choose to do so.
  
  We will engage in these activities to manage our contractual relationship with you and/or to comply with a legal obligation.

• Providing you with our newsletter and other marketing and/or fundraising materials and facilitating social sharing.
  - To send you marketing and/or fundraising related emails, with information about our organization and our products and services. 
  - To facilitate social sharing functionality that you choose to use.
  
  We will engage in this activity with your consent or where we have a legitimate interest.

• Analysis of Personal Information for business reporting and providing personalized services and communications.
  - To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services.
  - To better understand you, so that we can personalize our interactions with you and provide you with marketing, fundraising or other information and/or offers tailored to you.
  - To better understand your preferences so that we can deliver content via our Services that we believe will be relevant and interesting to you.
  
  We will provide personalized services, information and/or offers either with your consent or because we have a legitimate interest.

• Allowing you to participate in sweepstakes, contests, or other promotions.
  - We may offer you the opportunity to participate in a sweepstakes, contest, or other promotion.
  - Some of these promotions have additional rules containing information about how we will use and disclose your Personal Information.
  
  We will engage in these activities to manage our contractual relationship with you.

• Aggregating and/or anonymizing Personal Information.
  - We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information.  We do so to generate other data for our use, which we may use and disclose for any purpose.

• Accomplishing our business purposes.
  - For data analysis, for example, to improve the efficiency of our Services;
  - For audits, to verify that our internal processes function as intended and are compliant with legal, regulatory, and/or contractual requirements;
  - For fraud and security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft;
  - For developing new products and services;
  - For enhancing, improving, or modifying our current products and services;
  - For identifying usage trends, for example, understanding which parts of our Services are of most interest to users;
  - For determining the effectiveness of our promotional and fundraising campaigns, so that we can adapt our campaigns to the needs and interests of our customers and Patrons; and
  - For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests. 
  
  We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation, and/or because we have a legitimate interest.

DISCLOSURE OF PERSONAL INFORMATION

We disclose Personal Information:   

• To our third party service providers, to facilitate services they provide to us.
  - These can include providers of services such as website hosting, data analysis, payment processing, order fulfillment, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.

• To third parties, to permit them to send you marketing, and/or fundraising communications, consistent with your choices. 

• To third-party sponsors of sweepstakes, contests, and similar promotions.

• By using the Services, you may elect to disclose Personal Information.
  - You may choose to disclose your Personal Information on message boards, chat, profile pages, blogs, and other services to which you are able to post information and content (including, without limitation, our Social Media Pages).  Please note that any information you post or disclose through these services may be available to other users and the general public.

OTHER USES AND DISCLOSURES

We also use and disclose your Personal Information as necessary or appropriate, especially when we have a legal obligation or legitimate interest to do so:

• To comply with applicable law and regulations.
  - This can include laws outside your country of residence.

• To cooperate with public and government authorities.
  - To respond to a request or to provide information we believe is important.
  - These can include authorities outside your country of residence.

• To cooperate with law enforcement.
  - For example, when we respond to law enforcement requests and orders or provide information, we believe is important.

• For other legal reasons.
  - To enforce our terms and conditions; and
  - To protect our rights, privacy, safety, or property, and/or that of our affiliates, you, or others.

• In connection with a sale or business transaction.
  - We have a legitimate interest in disclosing or transferring your Personal Information to a third party in connection with any reorganization, merger, joint venture, assignment, transfer, or other disposition of all or any portion of our business or assets (including in connection with any bankruptcy or similar proceedings).

Other Information

“Other Information” is any information that does not reveal your specific identity or does not directly relate to an identifiable individual.

• Browser and device information
• App usage data
• Information collected through cookies, pixel tags, and other technologies
• Demographic information and other information provided by you that does not reveal your specific identity
• Information that has been aggregated in a manner such that it no longer reveals your specific identity

If we are required to treat Other Information as Personal Information under applicable law, then we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.

COLLECTION OF OTHER INFORMATION

We and our service providers may collect Other Information in a variety of ways, including: 

• Through your browser or device: 
  - Certain information is collected by most browsers or automatically through your device, such as your Media Access Control (MAC) address, computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the App) you are using.  We use this information to ensure that the Services function properly. 
• Through your use of the App 
  - When you download and use the App, we and our service providers may track and collect App usage data, such as the date and time the App on your device accesses our servers and what information and files have been downloaded to the App based on your device number.
• Using cookies
  - Cookies are pieces of information stored directly on the computer that you are using.  Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data.  We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience.  We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them.  We do not currently respond to browser do-not-track signals.  If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html.  If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.  For example, you must have cookies turned on in order for the Websites to remember the items you have placed in your shopping cart.    
• Using pixel tags and other similar technologies 
  - Pixel tags (also known as web beacons and clear GIFs) and other similar technologies may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates. 
  - We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may also collect information regarding the use of other websites, apps and online resources.  You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and opt out of them by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout. 
• IP Address 
  - Your IP address is automatically assigned to your computer by your Internet Service Provider.  An IP address may be identified and logged automatically in our server log files whenever a user accesses the Services, along with the time of the visit and the page(s) that were visited.  Collecting IP addresses is standard practice and is done automatically by many websites, applications, and other services.  We use IP addresses for purposes such as calculating usage levels, diagnosing server problems, and administering the Services.  We may also derive your approximate location from your IP address.

USES AND DISCLOSURES OF OTHER INFORMATION

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law.  In some instances, we may combine Other Information with Personal Information. If we do, we will treat the combined information as Personal Information as long as it is combined.

Our Advertising

We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.

• You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as based on information received from third parties.  These companies place or recognize a unique cookie on your browser (including through the use of pixel tags).  They may also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.  If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.  You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us.

Choices and Access

Your choices regarding our use and disclosure of your Personal Information

We give you choices regarding our use and disclosure of your Personal Information for marketing purposes.  You may opt-out from: 

• Receiving email marketing from us:  You may opt out of receiving marketing e-mail from us by following the instructions contained in each such e-mail message.  
• Receiving telemarketing calls from us:  You may opt out of receiving telemarketing calls from us.
• Our sharing of your Personal Information with our affiliate for its direct marketing purposes:  If you prefer that we discontinue sharing your Personal Information on a going-forward basis, please send your request to us.
• Our sharing of your Personal Information with unaffiliated third parties for their direct marketing purposes:  If you prefer that we discontinue sharing your Personal Information on a going-forward basis with unaffiliated third parties for their direct marketing purposes, please send your request to us. We will try to comply with your request(s) as soon as reasonably practicable.  Please note that if you opt-out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt-out.

How you can access, change, or delete your Personal Information

If you would like to request to review, correct, update, suppress, restrict, or delete Personal Information that you have previously provided to us, or if you would like to request to receive an electronic copy of your Personal Information for purposes of transmitting it to another company (to the extent this right to data portability is provided to you by applicable law), you may contact us.  We will respond to your request consistent with applicable law.

In your request, please make clear what Personal Information you would like to have changed, whether you would like to have your Personal Information suppressed from our database, or otherwise let us know what limitations you would like to put on our use of your Personal Information.  For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable. 

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of the transaction). 

Retention Period

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law. 

The criteria used to determine our retention periods include: 

• The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services);
• Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or
• Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations). 

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link.  The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates.

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

Use of Services by Minors

The Services are not directed to individuals under the age of sixteen (16), and we do not knowingly collect Personal Information from individuals under 16.  

Jurisdiction and Cross-Border Transfer

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and, by using the Services, you understand that your information will be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.  In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.

Sensitive Information

We ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, or criminal background) on or through the Services or otherwise to us. 

Third-Party Payment Service

We may use a third-party payment service to process payments made through the Services.  If you wish to make a payment through the Services, your Personal Information will be collected by such third party and not by us and will be subject to the third party’s privacy policy, rather than this Privacy Policy.  We have no control over, and are not responsible for, this third party’s collection, use, and disclosure of your Personal Information.

Updates to the Privacy Policy

The “Last Updated” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on the Services.  Your use of the Services following these changes means that you accept the revised Privacy Policy.   

ADDITIONAL INFORMATION FOR THE EEA

You may lodge a complaint with a data protection authority for your country or region or where an alleged infringement of applicable data protection law occurs.  A list of data protection authorities is available at http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080.

LAST UPDATED: JUNE 8, 2019