Frequently Asked Questions
- A reading of a powerful literary text by professional actors (40-60 minutes).
- A panel response by diverse community members (15-20 minutes).
- A lively, facilitated town hall discussion (45-60 minutes).
- An opportunity for audience members to obtain local, regional and national resources, as well as connect with representatives from organizations that address the issues targeted by each performance.
These Terms and Conditions will govern your use of any websites and/or mobile applications (collectively, the “Services”) owned and/or operated by Theater of War Productions Limited Liability Company d/b/a Outside the Wire and its successors, licensees and assigns (collectively, “TOW”). By using the Services, you signify your consent to these Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use the Services. Further, you may not use the Services if you are not eighteen (18) years of age or older and of the age of majority in your state of residence. TOW may revise and update these Terms and Conditions at any time and you agree to review these Terms and Conditions periodically to be aware of such changes. Your continued use of the Services will mean you accept such changes.
1. Your Use of Content.
As between you and TOW, all content contained on or accessed from the Services, including, without limitation, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, images, applications, programs, computer code and/or any other materials and/or information (collectively, the “Content”), including but not limited to the design, layout, “look and feel” and arrangement of such Content, is owned by TOW and protected by copyright, trademark and/or other intellectual property and unfair competition laws. Notwithstanding the foregoing, as between you and TOW, you shall retain all right, title and interest in and to the User Materials (defined below), subject to the license granted to TOW pursuant to Section 2 below. TOW authorizes you to view the Content solely for your personal, non-commercial, informational purposes and solely in accordance with the terms hereof. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be affixed to or contained within any Content, and that you will abide by all such notices. You may not copy, display, distribute, modify, publish, reproduce, store, transmit, post, translate or create other derivative works from, or exploit, use, sell, rent or license to any third party, all or any part of the Content, except as otherwise expressly permitted under these Terms and Conditions. Any use of the Content not expressly permitted by these Terms and Conditions may constitute a breach hereof and may violate copyright, trademark, and/or other laws. All rights not expressly granted herein are reserved to TOW.
2. Content Submitted by You.
TOW may, from time to time, offer you the opportunity to submit stories and/or images via the Services (“User Materials”). If you choose to submit any User Materials, TOW may edit, revise and modify such User Materials in order to conform it to certain form, size and/or content limitations. By way of example only, TOW may need to resize your photographs so that they fit within the applicable platform, or edit your story for length. Further, TOW may share the User Materials with TOW’s venue operators and/or research and/or analytics partners.
You acknowledge and agree that: (i) TOW has no obligation to use or respond to any User Materials; (ii) except as specifically set forth herein, your submission of User Materials imposes no obligation whatsoever on TOW, whether of confidentiality, review, approval, attribution, use or otherwise; and (iii) TOW shall not be liable for any use or disclosure of any User Materials as contemplated herein. Further, you represent and warrant that: (i) all User Materials are truthful, accurate and do not violate the copyright, trademark, patent, trade secret or any other right of any third party; and (ii) you own or control 100% of the rights in all User Materials and will not provide any User Materials which contain any names, images, biographical information, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, service names or any other copyrighted and/or proprietary materials of any third party (collectively, the “Third-Party Materials”), unless you have first secured the right to use same, as set forth more fully below. You hereby waive any and all claims (including, without limitation, claims based upon copyright or trademark infringement, invasion of privacy, defamation, false light, or right of publicity) arising out of any use, as permitted herein, of the User Materials and/or of your name, image, likeness, voice and/or biographical information and/or that of any third party that is included therein.
Without limiting any other provision of these Terms and Conditions, if any portion of your User Materials includes any Third-Party Materials, you represent and warrant that you have an irrevocable, transferable, sub-licensable, written license to use, and to permit others to use, such Third-Party Materials, to the same extent as set forth above, free and clear of any obligation of compensation to you or anyone else, and you hereby sublicense all such rights to TOW on a non-exclusive, irrevocable, transferable, sub-licensable, royalty-free, fully-paid basis.
You acknowledge and agree that TOW has the absolute right (but not the obligation) to review and monitor all User Materials in its sole discretion, and that TOW reserves the right to alter, edit, refuse or remove any User Materials, in whole or in part, for any reason or no reason. You agree that you shall immediately notify TOW in writing of any objectionable User Materials and/or other Content appearing on the Services.
3. Privacy and Security.
When you submit User Materials via the Services, you will have the option to provide TOW with certain personally-identifiable information, including, without limitation, your name. Although you may choose to submit User Materials anonymously, TOW will store the email address from which you submit any such User Materials in its database (the “Contact Information”). Subject to paragraph 4, below, TOW will not use this Contact Information, except to communicate with you, on an as-needed basis, and for its archival purposes.
Bear in mind, however, that User Materials may, themselves, contain textual references and/or images that could allow others to identify you. You understand and agree that, should TOW choose to publish User Materials on any Service, these references and/or images may be made accessible to the general public, and that TOW shall have no control over the further use and/or dissemination thereof by any third party. IF YOU DO NOT WANT SUCH REFERENCES AND/OR IMAGES TO BE MADE PUBLIC, PLEASE DO NOT INCLUDE THEM IN USER MATERIALS.
In addition, if you choose to use the Services, TOW may collect non-personal information about you (“Non-Personal Information”). Non-Personal Information (known as demographic information) is general information that does not identify you personally. This information may include, without limitation, your activity within the Services, geographic location, and/or certain information that you provide in response to surveys conducted through the Services, such as your age, gender and/or military status, and/or your experiences and impressions in connection with any TOW performances that you attend. If you choose to submit User Materials, TOW may associate your Non-Personal Information therewith.
All Non-Personal Information may be used for archival, research and analytics purposes. TOW may also publish aggregations and/or analyses of Non-Personal Information in any manner or media.
TOW will store all User Materials, Contact Information and Non-Personal Information that it collects in a dedicated hosting environment. While TOW implements security measures in connection with the Services, please note that 100% security is not always possible.
If at any time you decide to update your Contact Information, or remove your Contact Information from TOW’s database, you may do so by emailing TOW at: firstname.lastname@example.org. TOW will use commercially reasonable efforts to modify its database pursuant to any such legitimate request as soon as practicable. However, you understand and agree that certain residual copies of such information may be impossible or difficult to locate or remove, and may continue to exist on TOW’s backup systems.
4. Required Disclosures.
Notwithstanding anything to the contrary contained in this Agreement, TOW reserves the right to disclose any User Materials, Contact Information and/or Non-Personal Information, and/or the circumstances surrounding their transmission, to any third party in order to satisfy any applicable law, regulation, legal process or governmental request, and/or to protect TOW, users of the Services, service providers and/or other third parties.
5. Third-Party Links.
The Services may link to third-party websites. TOW does not recommend or endorse any content on any third-party website. Further, TOW has no control over and is not responsible for the content of any third-party websites or advertisements, and does not make any representations regarding their content or accuracy. You understand that by visiting any third-party website linked to the Services you may be exposed to content or other materials that you may find offensive, indecent, defamatory or otherwise objectionable. Your use of any third-party website is at your own risk and subject to the terms and conditions of use for such website.
TOW will not, either directly or indirectly, be held responsible or in any way liable for: (i) the non-availability of any third-party website; (ii) any content and/or materials, including, without limitation, data, text, software, music, sound, photographs, video, messages, tags, links, advertising, services and/or products available on or from such websites; (iii) your participation, correspondence or business dealings with any third party found on or through such websites, including, without limitation, any payment and delivery of specific goods and/or services, and any other terms, conditions, representations or warranties associated with such dealings, which are solely between you and any such third party; and/or (iv) any damage or loss caused or alleged to be caused by or in connection with your interaction with any such third party or your use of any third-party website.
6. Warranty Disclaimer/ Limitation of Liability.
The use of the Services and the Content is at your own risk.
When using the Services, information will be transmitted over a medium that may be beyond the control and jurisdiction of TOW and/or its suppliers. Accordingly, TOW assumes no liability for the non-availability of the Services and/or any delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Services.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE”. NEITHER TOW, NOR ANY OF ITS INDEPENDENT CONTRACTORS, RESEARCH AND/OR ANALYTICS PARTNERS, AFFILIATES AND/OR SUBSIDIARIES, NOR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONSULTANTS, AGENTS, SUCCESSORS, LICENSEES AND/OR ASSIGNS (COLLECTIVELY, THE “TOW PARTIES”), ASSUMES ANY RESPONSIBILITY FOR YOUR USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION PROVIDED THEREIN. NOTHING HEREIN SHALL BE CONSTRUED AS A PROMISE, GUARANTEE AND/OR CLAIM BY ANY TOW PARTY REGARDING THE SERVICES AND/OR YOUR USE THEREOF. NONE OF THE TOW PARTIES SHALL HAVE ANY LIABILITY, OBLIGATION OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY LOSS, DAMAGE, OR ADVERSE CONSEQUENCE THAT HAPPENS OR IS ALLEGED TO HAVE HAPPENED, DIRECTLY OR INDIRECTLY, AS A RESULT OF YOUR USE OF THE SERVICES AND/OR ANY CONTENT APPEARING THEREON. NO TOW PARTY MAKES ANY GUARANTEE AS TO THE ACCURACY, CORRECTNESS, USEFULNESS OR COMPLETENESS OF THE SERVICES. NO TOW PARTY SHALL BE LIABLE FOR ANY ACTUAL OR ALLEGED LOSSES AND/OR DAMAGES ALLEGED TO ARISE FROM OR ARISING FROM, ANY CONTENT APPEARING ON THE SERVICES OR ANY ERRORS OR OMISSIONS ALLEGED TO ARISE FROM OR ARISING FROM THE USE OF OR YOUR RELIANCE ON ANY SUCH CONTENT. THE TOW PARTIES DISCLAIM (I) ALL IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR ANY PARTICULAR PURPOSE REGARDING THE SERVICES, AND (II) ALL OTHER WARRANTIES WHICH ARE NOT EXPRESSLY GRANTED HEREIN.
IN NO EVENT SHALL ANY OF THE TOW PARTIES BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSSES OR DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION OR LOSS OF DATA, ARISING, DIRECTLY OR INDIRECTLY, OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES (INCLUDING WITHOUT LIMITATION YOUR USE OF ANY INFORMATION OBTAINED FROM OR THROUGH THE SERVICES), UNDER ANY CAUSE OF ACTION OR THEORY OF LIABILITY. IN NO EVENT SHALL THE TOW PARTIES’ AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES EXCEED THE LESSER OF (I) THE CUMULATIVE AMOUNT OF PAYMENTS MADE TO TOW BY YOU (IF APPLICABLE) OVER THE SIX (6) MONTH PERIOD PRECEDING ANY CLAIM UNDERLYING SUCH LIABILITY, OR (II) ONE THOUSAND DOLLARS ($1,000).
THE LIMITATIONS ON THE LIABILITY OF ANY TOW PARTY TO YOU, AS SET FORTH IN THIS SECTION, SHALL APPLY WHETHER OR NOT ANY SUCH TOW PARTY HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OR LIKELIHOOD OF ANY SUCH LOSSES OR DAMAGES OCCURING.
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES INCLUDING WITHOUT LIMITATION YOUR USE OF THIS SERVICES, MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR IS CLAIMED TO HAVE ARISEN.
You agree to indemnify, defend and hold harmless each of the TOW Parties from any and all claims, demands, actions or damages of every kind and nature (whether actual, consequential, direct and/or indirect), including, without limitation, reasonable attorneys’ fees and disbursements arising out of your: (i) breach or alleged breach of any provision of these Terms and Conditions; (ii) violation or alleged violation of any law, rule and/or regulation; and/or (iii) alleged or actual negligence or willful misconduct. You shall have the right and duty to assume the control of the defense thereof with counsel reasonably acceptable to each such TOW Party; provided, however, that each such TOW Party may take part in and/or to fully assume such defense, at its own expense in its sole discretion, after you assume the control thereof. You agree not to enter into any settlement that any of the TOW Parties believes is adverse to its interests without receiving the prior written consent of each such party. In no event shall any TOW Party be obligated to participate in any settlement that such party reasonably believes would have an adverse effect on such party’s business interests.
8. No Equitable Relief.
You acknowledge and agree that in the event of a breach of these Terms and Conditions by TOW or any third party, your sole and exclusive remedy for such breach will be an action at law for monetary damages (if any) and in no event will TOW be liable to you or any third party for any indirect, incidental, consequential or punitive damages in connection therewith. You irrevocably waive any right to enjoin or restrain the use of any Content, User Materials, Contact Information, Non-Personal Information and/or any User Materials, in whole or in part, or otherwise to seek and/or obtain equitable or injunctive relief in connection herewith.
9. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between you and TOW by reason of these Terms and Conditions.
The provisions of these Terms and Conditions will survive termination or expiration to the extent necessary to carry out the intentions of TOW. Section headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of any section. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver by TOW of any term or condition set forth herein shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
11. Governing Law/Jurisdiction.
These Terms and Conditions are governed by the internal substantive laws of the State of New York, without reference to New York’s conflict of laws principles. Any claim arising hereunder shall be prosecuted exclusively within the State and Federal courts situated in the State of New York, County of New York, and courts with appellate jurisdiction therefrom, and the parties agree and expressly consent to the jurisdiction of such courts for such purposes.
12. Complete Agreement.
These Terms and Conditions constitute the entire agreement between you and TOW with respect to the use of the Services and the Content, and your User Materials, Contact Information and Non-Personal Information.