MEMPHIS DEVELOPMENT FOUNDATION/ORPHEUM THEATRE
Use of the Official Website of the The Orpheum Theatre Memphis (the "Website") is subject to the terms set forth below. Please read them carefully:
1. Website Ownership
The Website is owned by the The Memphis Development Foundation (“MDF”), which operates The Orpheum Theatre Memphis. All content contained in the Website (the "Materials") is either owned by or licensed to MDF. MDF and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer or printing any of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of MDF. Materials must not be used in any unauthorized manner.
3. Special Offers; Contests; Promotions
a) To enter, contestants must be legal residents of the State(s) of Tennessee, Mississippi, or Arkansas, who are 18 years of age or older on the date of entry in the applicable contest. Theatre reserves the right to examine identification and may reasonably choose to accept or deny awarding the prize based on the identification presented.
b) Employees (including part-time or temporary employees) of the Theatre and contest sponsors, their respective parent entities, subsidiaries, affiliated companies and advertising and promotion agencies and the immediate family and other household members of each are NOT eligible.
c) NO PURCHASE NECESSARY.
d) All entries become the property of the Theatre and will not be acknowledged or returned. Entries that are determined to be fraudulent will be void. Theatre reserves the right to post some or all entry information and/or materials on the Theatre’s website or social networking sites, in whole or in an edited form. Having an entry posted does NOT mean that the entrant has won or is likely to win in that contest. The decision to post or “feature” any such entries is for entertainment purposes only.
e) For online contests, entrants will be asked to go to a particular website (whether the Theatre’s main website at www.orpheum-memphis.com, a Theatre social networking page (for example, Facebook), or an alternative website that can be accessed directly or as a link through www.orpheum-memphis.com on particular days and times to enter a contest, as announced. Criteria for winning and/or conditions for entry will be announced by the Theatre, which may include one or more of the following types of modes of entry/winning: (a) answering survey questions, (b) correctly answering trivia questions, (c) making predictions or guesses with respect to certain upcoming events, (d) submitting essays, photos, videos or audio, (e) “liking”, “Tweeting” or taking similar action with respect to a Theatre social networking page in order to access an entry form or to be automatically entered into a contest, or (f) completing entry forms with contact information. Contests may require that entrants be a member of (or “like”) the Theatre’s email database or social networking page, have downloaded the mobile application or have attended a particular event in order to enter. In the event of a dispute regarding the identity of an entrant, a person who can demonstrate the ability to log into the applicable account with the correct user name and password will be deemed the person who submitted the entry.
f) Winners will be contacted by phone or email with instructions on receiving their prizes. Distribution methods include but are not limited: pick up at the Theatre’s main offices at 203 S. Main. St., Memphis, TN 38103 during normal business hours of 9 a.m. to 5:30 p.m., Monday through Friday, unless otherwise specifically directed by Theatre; or pick up at Will Call on the night of a performance. Prizes not claimed within the period set by the Theatre shall be considered forfeited (without notice to the winner).
g) By participating in a Theatre contest, entrants agree to hold harmless the Theatre, the Memphis Development Foundation, its affiliates, productions and sponsors from any and all liability, claims, actions, and damages sustained or incurred by participation in the said promotion, contest, and/or event and the receipt and use of any prize(s) awarded (if any) through such promotion, contest, and/or event arising in any manner.
h) Contests are subject to all applicable laws and regulations and are void where prohibited.
The Website may contain links and pointers to other internet sites and resources. Links to and from the Website to other web sites maintained by third parties do not constitute an endorsement by MDF or any of its affiliates of any third party web site or content. MDF is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its web site administrator or webmaster.
5. Disclaimer of Warranties; Limitations on Liability
USE OF THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM USING THE WEBSITE RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
MDF DOES NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERMS SET FORTH BY MDF OR ANY ACT OR FAILURE TO ACT BY MDF OR ITS VENDORS; YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.
IN NO EVENT SHALL MDF BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE WEBSITE, INCLUDING PURCHASING TICKETS, PURCHASING MERCHANDISE, OR MAKING RESERVATIONS.
IN NO EVENT SHALL MDF, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH MDF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, AND MERCHANDISE OR SERVICES PURCHASED THROUGH THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF MDF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF MDF IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL MDF OR ANY OTHER ENTITY AFFILIATED WITH MDF BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
6. Intellectual Property Rights; Limited License
You acknowledge that all right, title and interest in and all content on the Website, including, but not limited to, all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Website, is the sole and exclusive property of MDF or one of MDF’s affiliates, and is protected by U.S. and international copyright laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of MDF without the prior written consent of MDF. You may not use any metatags or any other "hidden text" utilizing our names, service marks, or trade names without the prior written consent of MDF. You may not use our names, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of MDF. Any unauthorized use terminates any license or permission granted by MDF. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Website.
Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, and/or ideas you may submit to us, are hereby deemed non-confidential and nonproprietary, shall become the property of MDF, and may be used by us for any purpose without restriction or obligation. You represent and warrant that any content you submit to us:
a) is accurate;
b) does not violate any law or infringe any third party's intellectual property rights; and
contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.
MDF treats enforcement of its intellectual property rights seriously.
7. Policy For Making Claims Of Copyright Infringement
If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify us by providing MDF with the written information specified below:
a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b) A description of the copyrighted work(s) claimed to have been infringed;
c) A description of the material on the Website that you claim infringes or is the subject of infringing activity, and all other information reasonably sufficient to permit us to locate the material;
d) Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
e) A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
f) A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You hereby agree to indemnify and hold MDF and any entity affiliated with MDF, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the "MDF Entities") harmless from all claims, liabilities, damages and expenses (including attorneys' fees and expenses) arising out of or relating to: (A) your use of the Website, or (B) any alleged breach of this Agreement by you.
10. Choice of Law; Jurisdiction; Attorneys' Fees
This Agreement will be governed by the laws of the State of Tennessee applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Shelby County, Tennessee will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. MDF will be entitled to recover its court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. MDF, in its sole discretion, may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
MDF may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. MDF may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. MDF may change the terms of this Agreement at any time, and your use of the Website after such changes means that you accept them.
LAST UPDATED: February 10, 2015
203 S. Main Street
Memphis, TN 38103
- (901) 525-3000