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TERMS OF USE
Lukaba Productions (d/b/a Stage 773)
Terms of Use

Last Updated: July 8, 2016

These Terms of Use (these “Terms”) govern your access and use of this web site (the “Site”), made available to you by Lukaba Productions, doing business as Stage 773 (“Stage 773,” “we,” “us,” or “our”).

BY ACCESSING OR USING THE SITE, YOU (“YOU”) AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS OR OUR PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE. PLEASE READ THESE TERMS CAREFULLY.

1. Changes to Terms. We reserve the right to modify or amend these Terms at any time. All changes will be effective immediately upon posting to the Site. Material changes will be conspicuously posted on the Site. By accessing or using the Site after changes are posted, you agree to those changes.

2. Privacy Policy. Access to this Site may be monitored. In addition, we may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as set forth in our Privacy Policy.

3. Third-Party Web Sites. The Site may link to, or be linked to, web sites not maintained or controlled by Stage 773. Those links are provided as a convenience and Stage 773 is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party web site or any products or services made available through those web sites. Please take care when leaving the Site to visit a third-party web site. You should read the terms of use and privacy policy for each web site that you visit.

4. No Representation. We are art makers who provide a home that fosters great performers and inspired audiences. While some of our productions are Stage 773 productions that we self-produce, we also provide a venue for others to present and perform. The views and opinions of third parties performing at Stage 773 do not necessarily reflect the views and opinions of Stage 773 and Stage 773 does not represent those third parties.

5. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of Stage 773 or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to Stage 773 or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

6. Use of the Site. You may download and print one copy of the Site’s visible content for your personal and noncommercial use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of Stage 773. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are forbidden.

7. Feedback. Stage 773 welcomes comments regarding the Site. Comments may be submitted to info@stage773.com. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

8. Purchase and Donation Information. Purchases of any products or services (for example, show tickets, fundraising event tickets, classes, and festival submission fees) and donations must be made by credit or debit card. Information about our collection and use of payment-related information is set forth in our Privacy Policy. If the credit or debit card information that you submit is incorrect or invalid, your payment will not be processed. We have no responsibility or liability if your credit or debit card is declined by your financial institution. Payments are processed by our third-party payment processor and software supplier, Vendini, Inc. Refunds, if available, are solely the responsibility of Stage 773 and are at Stage 773’s sole discretion.

9. Product and Service Availability. The prices and availability of events and other products and services on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. All orders placed through the Site are subject to the applicable terms and policies of Vendini, Inc., our third-party payment processor and software supplier.

10. Festival Submissions. Applications for Stage 773 festivals are accepted only through the Site. Festival participation decisions are made by Stage 773 at our sole discretion and criteria are subject to change at our sole discretion without notice.

11. Compliance with Laws; Conduct. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of Stage 773. All offers that may be set forth on the Site are void where prohibited by law and are subject to the posting of any official rules pertaining to those offers. Some products and services offered on the Site may not be available in certain areas.

12. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. STAGE 773 MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. STAGE 773 DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. STAGE 773 DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. STAGE 773 IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, STAGE 773 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. STAGE 773 HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION. YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM STAGE 773 OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

13. NO LIABILITY. IN NO EVENT WILL STAGE 773 OR ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF STAGE 773 HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. WITHOUT LIMITING THE FOREGOING, IF STAGE 773 IS FOUND LIABLE TO YOU OR TO ANY THIRD PARTY AS A RESULT OF ANY CLAIMS OR OTHER MATTERS ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THESE TERMS, THE MAXIMUM LIABILITY FOR ALL OF THOSE CLAIMS AND OTHER MATTERS WILL NOT EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Indemnification. You will indemnify, defend, and hold harmless Stage 773 and its directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your order of products and services through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

15. Linking to the Site. If you operate a web site and are interested in linking to the Site: (i) the link must be a text-only link and clearly marked; (ii) the link must “point” to the URL “http://www.stage773.com” and not to any other page; (iii) the link and its use must be in connection with a web site of appropriate subject matter; (iv) the link and its use must not, nor have the potential to, damage or dilute the goodwill associated with Stage 773’s names and trademarks; (v) the link and its use must not create the false appearance that any program, person, or entity is associated with or sponsored by Stage 773; and (vi) the link, when activated by a user, must display the Site full-screen and not within a “frame.” Stage 773 reserves the right to revoke consent to link to the Site at any time in its sole discretion, either by amending these Terms or through other notice.

16. Disputes. These Terms are governed by the laws of the state of Illinois, without regards for its conflict of law principles. Venue is exclusively in Cook County, Illinois, with respect to any dispute arising under these Terms unless otherwise determined by Stage 773 in its sole discretion. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

17. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

18. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that Squarespace, Inc., our web site hosting services provider, is a third-party beneficiary of these Terms.

19. Interpretation. These Terms, including the Privacy Policy, and, as applicable, Vendini, Inc.'s terms and policies, are the entire agreement between you and Stage 773 with respect to your access to and use of the Site. Stage 773’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Stage 773. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of Stage 773’s successors and assigns.

20. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.

21. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and Stage 773 may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

22. Contact Us. If you have any other questions or concerns regarding these Terms, please contact us by email at info@stage773.com or by mail at 1225 W. Belmont Ave., Chicago, Illinois 60657.

Copyright © 2016 Lukaba Productions. All rights reserved.