Legal

The 5th Avenue Theatre Association

Web Site Privacy Policy
Effective Date: July 27, 2006

At The 5th Avenue Theatre, we respect your right to privacy and we understand that visitors to 5thavenue.org (Site) need to control the uses of their personal information. The 5th Avenue Theatre allows individuals to purchase tickets, make donations, and sign up to receive information or gain admission to special events on our Site. The privacy policy below describes the measures taken by us to protect your privacy in connection with your use of our Site.

What Personally Identifiable Information Do We Collect, And When Do We Collect It?

Registration. When you register, we ask for your e-mail address, user name and password. Once you are a registered user you can update your profile. Forms for Purchases and Donations. We also use various forms for purchasing tickets offered on our Site and making donations. We may collect, depending on the form, your contact information (e.g., your user ID, e-mail address, mailing address, telephone number) and necessary financial information (i.e., your credit card number and billing address). Contact information is used to process a sale or donation and to provide our customer service representatives with a means to contact you when deemed necessary. We use third parties to accept and process credit card payments for purchases and donations on our Site. Special Contests or Promotions. We may occasionally present a special contest or promotion that is sponsored by another company. To qualify for entry in such contest or promotion, we may ask you to provide personal information. If we plan to share your personal information with the sponsor(s) or with others, we will provide a statement to that effect in the contest or promotion terms. IP Address. An Internet Protocol (IP) address is a unique string of numbers that is assigned to your computer by your Internet Service Provider. Web servers automatically identify your computer by its IP address. We will use your IP address to help diagnose problems with our server and to administer our Site. Your IP address also may be used to gather broad demographic information. Cookies. A cookie is a small data file that can be placed on your hard drive when you visit certain websites. We use cookies to collect, store and sometimes track information for statistical purposes to improve the services we provide. If you are a registered user, we will use a cookie to save your settings and to provide customizable and personalized services. These cookies do not enable third parties to access any of your personally identifiable information. Additionally, be aware that if you visit other websites you may be required to accept cookies. Sponsors and partners may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

How Do We Use Your Personally Identifiable Information?

Customized experience. We gather your personally identifiable information to provide you with a customized experience on our Site. Your personally identifiable information helps us tailor the content, services, goods and advertising to your current and future needs. E-mail. If you register with our Site, from time to time, we may send you e-mail messages informing you of our products and services and also third party products and services we believe may be of interest to you, such as new features and services, special offers and updated information. Our newsletters (see below) may contain code that enables our database to track your usage of the newsletters, including whether the e-mail was opened and/or what links (if any) were clicked. We will combine such information with other information we have about you and may use this information to improve your experience with our Site and/or provide customized e-mail communications to you.

Who Do We Share Your Personally Identifiable Information With?

From time to time we may share your name and mailing address with third parties (other arts organizations, nonprofits, and companies that sponsor our programs) (in addition to entities that perform services for us, such as processing credit card payments, that either are bound to comply with our privacy policy or have privacy policies that protect your information) unless you have opted-out to such sharing. We may also disclose information you provide if required to do so by law or if we have a good faith belief that disclosure is necessary to (1) comply with the law or with legal process served on us; (2) protect and defend our rights or property; or (3) act in an emergency to protect someones safety. We may gather demographic information from you (for example, your age, education level or household income) from time to time. We will not share such information with any other person or entity in a manner that identifies you as an individual, unless we let you know that at the time of collection or we have your permission. When we share demographic information with third parties, we will give them aggregate information only.

What Are Your Options To Control The Use Of Your Personally Identifiable Information?

Although most users of our Site tell us they value receiving our newsletters, special promotions and information regarding service provided by others, we recognize the importance of providing you with choice and control. If you would rather not receive emails about new products, promotions, or other noteworthy news, please email us at info@5thavenue.org. You may also contact us by postal mail at Attention: Opt-out The 5th Avenue Theatre, 1326 5th Avenue, Suite 735, Seattle, Washington 98101.

What About Kids' Personally Identifiable Information?

Our Site is not directed to children under the age of 13. We assume products purchased through credit card means are purchased by adults or minors supervised by a parent or guardian. We respect the privacy of parents and children and are committed to complying with the Childrens Online Privacy Protection Act (COPPA). On those areas of our Site that ask for age, we do not collect personal information from individuals who identify themselves as under the age of 13 except in those limited circumstances where we believe that such collection is permitted under COPPA.

 

We may ask prospective users to provide their age during the registration process and on other areas of our Site. If a user indicates that he or she is under the age of 13 then all personal data collected during the registration process is automatically deleted except that we may retain and use limited information, such as the child's email address, for a limited period of time, in those cases where we believe that the collection and use of such information is permitted under COPPA.

If a parent believes that his or her child has provided us with personal information, he or she can contact us via e-mail or postal mail as listed below. We will promptly delete the information upon learning that it relates to a child under the age of 13.

We believe that parents should supervise their childrens online activities and consider using parental control tools available from online services and software manufacturers that help provide a kid-friendly online environment. These tools can also prevent children from otherwise disclosing online their name, address and other personal information without parental permission.

What Else Should You Know About Your Privacy?

Security. We have security measures in place to protect the loss, misuse and alteration of the information under our control. These security measures include a firewall to prevent unauthorized access to our systems and maintenance of registration information in a separate database. Although we will exercise reasonable care in providing secure transmission of information between your computer and our servers, we cannot ensure or warrant the security of any information transmitted to us over the Internet and we accept no liability for any unintentional disclosure. We will protect the transmission of credit card information through industry standard, SSL (secure socket layer) encryption. Links to Other Sites. Our Site contains hyperlinks and pointers to Internet sites maintained by third parties. These links are provided for your reference only. We do not control, operate or endorse in any respect information, products or services on such third-party sites and are not responsible for their content. Many third-party sites have their own privacy policies that differ from ours. This privacy policy only covers our Site and does not cover any other site. While we make every effort to keep your information secure, we do not control the policies of other sites.

Changes To This Privacy Policy

We may make changes in our privacy policy from time to time. When we do so, we will post the revised privacy policy on our Site with a link at the bottom of our home page. Our home page will also contain a statement notifying readers that the policy has changed and the effective date of that change.

Contacting The 5th Avenue Theatre

We would like to receive your comments and questions about this Privacy Policy and any other matter you have regarding our Site. Please address comments or questions to us via e-mail or postal mail.

You can e-mail us at info@5thavenue.org.

You may also contact us by mail at:

ATTN: Privacy Policy
The 5th Avenue Theatre
1326 5th Avenue
Seattle, WA 98101

Acceptance Of Privacy Policy

Your use of our Site, including any dispute concerning privacy, is subject to this Privacy Policy and the User Agreement. BY USING OUR SITE, YOU ARE ACCEPTING THE PRACTICES SET OUT IN THIS PRIVACY POLICY AND OUR USER AGREEMENT. We reserve the right to modify this Privacy Policy at any time by posting the changes on this page. Please check the revision date at the bottom of this page to determine if the policy has been modified since you last reviewed it. Your continued use of any portion of our Site following posting of the updated Privacy Policy will constitute your acceptance of the changes. EFFECTIVE DATE. This privacy policy was last revised on July 27, 2006.

 

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

COPYRIGHT NOTICE: Copyright 2006 The 5th Avenue Theatre All Rights Reserved.

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.