Terms and Conditions of Use

Terms of Use

 

The following terms of use (“Terms of Use” or “TOS”) apply to your use of EntertainmentCentralPittsburgh.com (the “Web Site”), the services provided through the Web Site (the “Services”).

Agreement and Acceptance of Conditions

By accessing, visiting, browsing, shopping on, providing Posted Content to, registering or creating an account on, or otherwise using this Web Site, you agree to be bound by and accept the Terms of Use, Privacy Policy (posted separately), and all disclaimers, terms and conditions that appear elsewhere on the Web Site. If you do not agree to the Terms of Use, Privacy Policy, and all other disclaimers, terms and conditions that appear in this Web Site, then you should not use and/or immediately discontinue your use of this Web Site.

Copyright and Restrictions on Use of Web Site Content

No part of this Web Site, or the content on the Web Site may be copied, reproduced, or translated in any form or medium without the prior written consent of ECP. Although all content on our Web Site is public information, ECP maintains and will defend a copyright interest in these pages.

If, in ECP’s sole and unreviewable discretion, written permission is granted to redistribute the material in its entirety, ECP’s copyright notice shall not be removed or altered. No portion of this Web Site, or its content, may be sold, either by itself or as part of a larger work, without the express written permission of ECP.

If you have permission to reuse, republish or re-transmit Web Site content, the content of this Web Site should not be captured within frames or presented as your own. You should not link to individual graphics or tables within our Web Site pages, especially in an effort to place the downloading burden on our servers. Any use of the videos, photographs, text and/or any information on the Web Site requires attribution. You must attribute the work by placing a link on your web site which refers back to the original posting on the Web Site. In doing so, however, you may not suggest that ECP endorses you or your use of ECP’s work.

For any reuse or distribution, you must make clear to others the license terms of ECP’s Web Site. The best way to do this is with a link back to this web page.

To obtain permission to reproduce the information (text or graphics) contained on this Web Site for any commercial purpose, submit the specifics of your request through the methods outlined on the Contact Us page.

No Commercial Reuse of Web Site

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Web Site (including Content, advertisements, Software and your ECP ID).

ECP’s Proprietary Rights

You acknowledge and agree that the Web Site and any necessary software used in connection with the Web Site (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Web Site or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by ECP or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Web Site, such Content or the Software, in whole or in part.

Trademark Information

You agree that all of ECP’s trademarks, trade names, service marks and other ECP logos and brand features, and product and service names are trademarks and the property of ECP Inc. (the “ECP Marks”). Without ECP’s prior permission, you agree not to display or use in any manner the ECP Marks.

Posted Content

Certain features on the Web Site currently or in the future may allow you to post reviews, entertainment listings, comments, photographs, and other content; send ecards and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “Posted Content”). You may supply Posted Content to this Web Site so long as the Posted Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights of others, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of Posted Content. ECP reserves the right (but not the obligation) to remove or edit any Posted Content, but does not regularly review Posted Content.

If you do supply Posted Content, and unless we indicate otherwise, you grant ECP a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted and fully sublicensable right to use, modify, reproduce, adapt, publish, translate, create derivative works from, transmit, display and distribute such Posted Content throughout the world in any media and for any purpose whatsoever to the extent permitted by law. Also, you grant ECP and its sublicensees the right to use the name that you submit in connection with the Posted Content, if they choose. By supplying the Posted Content, you represent and warrant that: (i) you own or otherwise control all of the rights to the Posted Content; (ii) the Posted Content is non-confidential; (iii) the Posted Content is accurate; (iv) use of the Posted Content does not violate any of this Web Site’s Conditions and will not cause injury to any person or entity; and (v) you will indemnify ECP for all claims resulting from the Posted Content you supply.

ECP has the right but not the obligation to monitor and edit or remove any activity or content. ECP takes no responsibility and assumes no liability for any content posted by you or any third party.

Contributions to ECP

By submitting ideas, suggestions, documents, and/or proposals (“Contributions”) to ECP through its suggestion or feedback webpages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) ECP is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) ECP shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) ECP may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of ECP without any obligation of ECP to you; and (f) you are not entitled to any compensation or reimbursement of any kind from ECP under any circumstances.

Indemnity

You agree to indemnify and hold ECP and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Web Site, your use of the Web Site, your connection to the Web Site, your violation of the TOS, or your violation of any rights of another.

Notice and Procedure for Making Claims of Copyright or Intellectual Property Infringement

ECP respects the intellectual property of others, and we ask our users to do the same. ECP may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide ECP’s Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

ECP’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

By mail:

Entertainment Central Pittsburgh

P.O. Box 110015

Pittsburgh, PA 15232-0015

By email: http://entertainmentcentralpittsburgh.com/contact-us/

Security

Users of this Web Site are prohibited from violating or attempting to violate the security of this Web Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) using this Web Site for unintended purposes or trying to change the behavior of the Web Site; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to the Web Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;”; (f) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; or (g) forging communications on behalf of this Web Site (impersonating this Web Site) or to this Web Site (impersonating as a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of ECP, including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routine or data to interfere or attempt to interfere with the proper working of this Web Site or any activity being conducted on this Web Site. You agree, further, not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Web Site other than the search engine and search agents provided by ECP or generally publicly available browsers.

 

Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Web Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that ECP shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Web Site.

Links

The Web Site may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that ECP is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that ECP shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE WEB SITE AND SOFTWARE ARE AT YOUR SOLE RISK. THE WEB SITE AND SOFTWARE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ECF AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2. ECP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE WEB SITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE WEB SITE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEB SITE OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE OR SOFTWARE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ECP OR THROUGH OR FROM THE WEB SITE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ECP AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ECP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE ECP SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ECP SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE ECP SERVICE.

Exclusions and Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Modifying and Terminating our Services

We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether.

You can stop using our Services at any time. ECP, in its sole discretion, may also stop providing Services to you, or add or create new limits to our Services at any time. Registered Users, Account Holders and/or providers of Posted Content are subject to the provisions of these Terms of Use, and failure to follow the Terms of Use is cause for termination. In addition, In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, ECP has adopted a policy of terminating, in appropriate circumstances and at ECP’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. ECP may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If, at the time of termination, you have any orders pending with ECP or third party vendors through the Web Site, you remain liable for such orders after termination.

 

Applicable Law

The Web Site is created, operated and controlled by ECP in the Commonwealth of Pennsylvania, United States of America. By using the Web Site, you agree that the laws of the Commonwealth of Pennsylvania shall govern the validity, performance, and enforcement of these Terms of Use and any dispute of any sort that might arise between you and ECP, without giving effect to any conflict of laws, principles or any other rule or regulation that would result in the application of any other state’s law.

 

 

Jurisdiction and Venue of Disputes

Any dispute relating in any way to your visit to the Web Site or to products or services sold or distributed by ECP or through the Web Site shall be adjudicated exclusively in any state or federal court in Allegheny County, Pennsylvania, and you consent to exclusive jurisdiction and venue of such courts.

Site Policies, Modification, And Severability

Please review our other policies, such as our Privacy Policy, posted on the Web Site. These policies also govern your visit to the Web Site.

We reserve the right to make changes to the Web Site, these Terms of Use, the Privacy Policy, and other site policies at any time. Each time you use the Web Site, you should visit and review the then current Terms of Use, Privacy Policy and other site policies that apply to your use of the Web Site and any transactions made while on the Web Site.

If any term, clause or provision of these Terms of Use shall be determined by a court of competent jurisdiction to be void, invalid or unenforceable under applicable law or for any other reason, then only that term, clause or provision as is determined to be void, invalid or unenforceable shall be stricken from these Terms of Use or modified to make it no longer void, invalid or unenforceable. Further, such void, invalid or unenforceable term, clause or provision shall not affect the enforceability of the other terms, clauses or provisions of these Terms of Use, and these Terms of Use shall remain in full force and effect in all other respects.

 

 

Owner and Operator

ECP is the owner and operator of this Web Site. References to ECP herein refer to Handler Marketing, Inc. d/b/a Entertainment Central Pittsburgh.

The on-line address for this Web Site is entertainmentcentralpittsburgh.com. You may contact Handler Marketing, Inc. d/b/a Entertainment Central Pittsburgh by submitting an e-mail through the methods outlined on the Contact Us page.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

Notice

ECP may, at its discretion, provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the Web Site, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Web Site in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Web Site in an authorized manner.