Website User Agreement

Welcome to The 5th Avenue Theatre's website. Use of and access to the website is subject to your compliance with the following terms. The 5th Avenue Theatre reserves the right to limit or terminate your access to our website if you dont comply with them.

Acceptance of Terms

PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this website in any way you agree to be bound by the terms of use described in this document ("Terms of Use").

IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THE TERMS OF USE, DO NOT USE THIS WEBSITE IN ANY MANNER. The Terms of Use are entered into by and between The 5th Avenue Theatre and you. If you are using the Website on behalf of your employer, you represent that you are authorized to accept these Terms of Use on your employer's behalf.

Modification of Terms of Use

The 5th Avenue Theatre reserves the right, at The 5th Avenue Theatres sole discretion, to change, modify, update, add, or remove portions of the Terms of Use at any time with or without notice. Please check these Terms of Use periodically for changes. Your continued use of this Website following the posting of changes to the Terms of Use will signify your acceptance of those changes.

Restrictions on Use of Content

Except as expressly prohibited on this Website, you are permitted to view, copy, print, and distribute pages within this Website, subject to your agreement that:

a) your use of the information is for informational, personal, and non-commercial purposes only;

b) you will not modify the documents or graphics;

c) you will not copy or distribute graphics separate from their accompanying text and you will not quote materials out of their context;

d) you will display The 5th Avenue Theatre copyright notices and other proprietary notices that appear on our Website and posted materials as they appear on every copy you make;

e) you will not remove any copyright notices or substitute any copyright notices that imply that the materials you view, print, copy, or distribute are owned by anyone else; and

f) you agree that The 5th Avenue Theatre may revoke this permission at any time and you shall immediately stop your activities related to this permission upon notice from The 5th Avenue Theatre.

Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties.

Permission to use the Website's contents does not include permission to copy the design elements, look and feel, or layout of this Website. Those elements of the Website are protected by United States, international, and foreign laws and may not be copied or imitated in whole or in part. No logo, graphic, or image from the Website may be copied or retransmitted unless expressly permitted by The 5th Avenue Theatre.

No Unlawful or Prohibited Use

As a condition of your use of the Website, you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner that could damage, disable, overburden, or impair any The 5th Avenue Theatre server, or the network(s) connected to any The 5th Avenue Theatre server, or interfere with any other partys use and enjoyment of the Website.

Copyright and Trademarks Information

The 5th Avenue Theatre logo and the slogan "Worlds Away From The Everyday" are registered trademarks of The 5th Avenue Theatre. All other trademarks, trade names, service marks, service names are the property of their respective holders.

Privacy Policy

The 5th Avenue Theatre respects your desire for privacy. By using the Website, you are consenting to the terms of our Privacy Policy.

Links to Third Party Websites

This Website may contain links to third-party sites, which are not under the control of The 5th Avenue Theatre, and The 5th Avenue Theatre is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. The 5th Avenue Theatre is providing these links to you only as a convenience, and the inclusion of any link does not imply that The 5th Avenue Theatre endorses or accepts any responsibility for the content on such third-party site.

Disclaimer of Warranty

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, ALL INFORMATION ON THIS WEBSITE IS PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND AND The 5th Avenue Theatre HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, The 5th Avenue Theatre DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. In no event shall The 5th Avenue Theatre be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of this Website or information available from the Website.

Except as expressly provided otherwise, you assume all risks concerning the suitability and accuracy of the information within the Website. The Website may contain technical inaccuracies or typographical errors. The 5th Avenue Theatre assumes no responsibility for and disclaims all liability for any such inaccuracies, errors, or omissions in the Website.

The 5th Avenue Theatre may make changes to the Website, information, product offerings, and any other information and materials on the Website at any time and without notice.

Indemnity

You agree to indemnify, defend, and hold The 5th Avenue Theatre and its affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable attorneys fees, made by any third party due to or arising out of your use of the Website, including without limitation, any use by your employees, your connection to the Website, your violation of the Terms of Use, or your violation of any rights of another.

General Information

The Terms of Use constitute the entire agreement between you and The 5th Avenue Theatre and govern your use of the Website, superseding any prior agreements between you and The 5th Avenue Theatre relating to your use of this Website (including, but not limited to, any prior versions of the Terms of Use). You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software.

By accessing the Website you agree that the statutes and laws of the United States and the State of Washington, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website, and you further agree that any litigation shall be subject to the exclusive jurisdiction of the courts in Washington, USA.

The failure of The 5th Avenue Theatre to exercise or enforce any right or provision of the Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

Effective Date

The effective date of this version of the Terms of Use is August 16, 2006.