HamnerBarber.com – Terms Of Service
The Hamner Barber Theater Web Site (HBTWS) is provided to give our readers an interesting and stimulating forum in which they can express their opinions and share their ideas and find out about events at the theater.
In order to protect the interests of all of our readers, as well as those of our information providers, we ask that you abide by the following rules. By using HBTWS (the “Service”), you hereby agree to be bound by all of the following terms and conditions (“Terms of Service” or “TOS”).
Limitations on Use. All of the information, content, and services (collectively, the “Content”) within this Service is protected by copyright and other intellectual property laws. The Content is owned by HBTWS and its affiliated companies, licensors, and suppliers. The Content is intended for the personal use of users of the Service. While you may interact with and download a single copy of Content for your personal, non-commercial entertainment, information or use, you may not reproduce, sell, publish, distribute, modify, display, repost or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of the Hamner Barber Theater. Requests regarding use of the Content for any purpose other than personal, non-commercial use should be directed to Jim Barber at:
Hamner Barber Theater
3090 Shepherd of the Hills Expressway
Branson, MO 65616
You acknowledge that the Content includes certain trademarks and service marks owned by the Hamner Barber Theater, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright, or any other notice from any copies of the Content.
If you operate a website and wish to link to the Service, please link to the Service’s home page. The Service reserves the right to reject or terminate any links to the Content or Service.
Photos, graphics, audio and/or video materials shall not directly or indirectly be published, rewritten for broadcast or publication, or redistributed in any medium. No portion thereof of the Service may be stored in a computer except for personal and non-commercial use. You do not hold HBTWS liable for any delays, inaccuracies, errors, or omissions therefrom or in the transmission or delivery of all or any part of thereof or for any damage arising from the foregoing.
User Content, Messages and Postings
By placing material on or communicating with HBTWS, you hereby grant to the Service, its affiliates, and related entities (collectively, HBTWS) the royalty-free, perpetual, irrevocable non-exclusive right and license to use, copy, modify, display, distribute, and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend, and hold the Service, its affiliates, and related entities harmless against any claims or costs, including attorneys fees, arising from the use or distribution of those materials. You further grant HBTWS the right to use your name in connection with the reproduction or distribution of such material.
HBTWS, its affiliates, and related entities do not accept unsolicited materials or ideas for use or publication in their newsletters, webcast programming, theater shows, or their digital and electronic media. The Service, its affiliates, and related entities shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
By placing an order via the Service does not guarentee availabity or pricing. HBTWS reserves the right to change performances, pricing, or any other details concerning the season at any time. Reservations are not complete until notice is recieved from the Hamner Barber Theater claiming as such. All reservations, placed through the Service or otherwise, become null and void once the requested performance has passed. HBTWS is not responsible for loss of transmission, invalid information, or any lost information in the process of making a reservation through the Service.
General Disclaimer and Limitation of Liability
YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER THE SERVICE, HBTWS, NOR ANY OF THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, OR LICENSORS MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS AND THE SERVICE SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, OR WARRANTIES AGAINST INFRINGEMENT.
THE SERVICE, THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION, OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF THE SERVICE, HBTWS, THEIR AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
The Service reserves the right at its discretion to change these Terms of Service and will notify users of any such changes by online postings. Your continued use of the Service after the posting of any amended Terms of Service shall constitute your agreement to be bound by any such changes. The Service may modify, suspend, discontinue, or restrict the use of any portion of the Service, including the availability of any portion of the Content at any time, without notice or liability.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to HBTWS must be filed in the City of Branson in the State of Missouri within one year after the cause of action arises or the cause is barred.