Terms & Conditions

Terms and Conditions

Miami Theater Center (MTC) and its affiliates provide their services to you through this website subject to the following conditions. By visiting at http://www.mtcmiami.org/ and/or any other web pages affiliated with Miami Theater Center, you accept the following conditions. Therefore, please read them carefully.

 

Privacy

Please review our Privacy Policy to understand our practices regarding your privacy in connection with our online services.

 

Electronic Communications

When you visit this website or send emails to us, you are communicating with us electronically. As part of these Terms and Conditions, you: (1) consent to receive communications from us electronically, including communications by email or by notices posted on our website; and (2) agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

 

Trademarks

MIAMI THEATER CENTER as well as other marks so indicated on our website and other Miami Theater Center graphics, logos, images, photos, page headers and titles, icons, scripts, and trade and service names, are trademarks of Miami Theater Center (or its affiliates) in the U.S. and worldwide. You may not use Miami Theater Center’s trademarks unless you first obtain the express written consent of Miami Theater Center.

All trademarks not owned by Miami Theater Center or its subsidiaries that appear on this website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Miami Theater Center or its affiliates. Miami Theater Center makes no representations concerning, and assumes no liability for, the infringing or non-infringing nature of any trademarks that appear on this website but are not owned by Miami Theater Center or its affiliates.

 

License and Website Access

Miami Theater Center hereby grants you a limited, revocable and nonexclusive license to access and make personal use of this website. You may not, however, download this website or modify it in whole or in part unless you have first received express written consent from Miami Theater Center. Furthermore, this limited, revocable license does not include the right to: any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another person or entity; or any use of data mining, robots, or similar data gathering and extraction tools. This website (or any portion thereof) may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent from Miami Theater Center. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information of Miami Theater Center and/or our affiliates without express written consent from Miami Theater Center. You may not use any metatags or any other “hidden text” utilizing Miami Theater Center’s name or trademarks without express written consent from Miami Theater Center.

Miami Theater Center also hereby grants you a limited, revocable and nonexclusive license to create a hyperlink to the home page of Miami Theater Center, provided that the link (viewed as a whole with the content of the website on which the link is located) does not portray Miami Theater Center, its affiliates, or their products or services, in a false, misleading, derogatory, offensive or otherwise objectionable manner. You may not use any Miami Theater Center logo or other proprietary graphic or trademark as part of the link without express written permission from Miami Theater Center.

Any unauthorized use automatically terminates the licenses and permission granted above by Miami Theater Center. Miami Theater Center and its affiliates reserve the right to block access, refuse services, or remove or edit content in connection with this website.

 

Copyright

All content included on this website (such as text, graphics, logos, icons, images, photos, audio clips, digital downloads, data compilations, and software), the compilation of all content on this website and all software used on this website are the property of Miami Theater Center or its content suppliers and are protected by U.S. and international copyright laws. Please note that the names and images of artists and other persons appearing on this website may be additionally protected under U.S. and international laws concerning rights of publicity and privacy.

Unless you receive Miami Theater Center’s express written consent, you may not copy, reproduce, publish, distribute, create derivative works of, sell, transfer, display, transmit, compile or collect in a database, or in any manner commercially exploit, any copyright-protected element of this website, including the content and/or software on this website. You must abide by all copyright notices, information and/or restrictions contained or referenced in this website.

You may make a single copy of any webpage from this website for your own personal, non-commercial use, provided that you do not alter the content or remove any copyright, trademark or other proprietary notice contained therein. Any other copying, or any republication or distribution of any content of this website, is expressly prohibited without the prior written consent of Miami Theater Center. Permission requests may be sent to Federica@mtcmiami.org.

 

Copyright Complaints

Miami Theater Center and its affiliates respect the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact Miami Theater Center’s copyright agent in writing to Federica@mtcmiami.org and provide the following information:

  • Your full name, address, telephone number, and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the material that you claim is infringing is located on the website;
  • 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 signed statement by you specifically stating that, under penalty of perjury, the information you are providing in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Please note that this procedure is exclusively for notifying Miami Theater Center and its affiliates that your copyrighted material is being infringed on this website.

 

Risk of Loss

All items purchased online from Miami Theater Center are made pursuant to a third party contract. This means that the risk of loss and title for such items passes to you upon our delivery to the carrier.

 

Product/Service Descriptions

Miami Theater Center and its affiliates try to be as accurate as possible. Miami Theater Center, however, does not warrant that product or service descriptions, or other content of this website, are accurate, complete, reliable, current, or free of errors.

 

Other Businesses

On this website, Miami Theater Center may provide links to the websites of affiliated companies and certain other businesses or individuals. Miami Theater Center is not responsible for examining or evaluating, and does not make any representations or warranties concerning, any of those businesses or individuals, their products and services, or the content of their websites. Miami Theater Center does not assume any responsibility or liability for the actions, products, services or content of those businesses or individuals or any other third parties. You should carefully review the privacy statements and other Terms and Conditions belonging to those businesses, individuals and other third parties.

 

Disclaimer of Warranties and Limitation of Liability

THIS WEBSITE IS PROVIDED BY MIAMI THEATER CENTER ON AN “AS IS” AND “AS AVAILABLE” BASIS. MIAMI THEATER CENTER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, MIAMI THEATER CENTER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. MIAMI THEATER CENTER DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR EMAIL SENT FROM MIAMI THEATER CENTER OR ITS AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

MIAMI THEATER CENTER WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES.

CERTAIN STATES’ LAWS PROHIBIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF SUCH LAWS APPLY TO YOU, THEN SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

 

Purchases

Purchases are nonrefundable and may not be returned to Miami Theater Center after they have been purchased. Although Miami Theater Center offers products and services for children, online sales through Miami Theater Center website may only be made by persons who are 18 years of age or older.

 

Applicable Law

By visiting this website, you agree that the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Miami Theater Center or its affiliates.

 

Disputes

Any dispute relating in any way to your visit to this website, or to products or services you purchase through this website, shall be submitted to confidential arbitration in Miami Dade-County, Florida; except that, to the extent you have in any manner violated or threatened to violate Miami Theater Center’s intellectual property rights, Miami Theater Center may seek injunctive or other appropriate relief in any state or federal court in the State of Florida, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms and Conditions shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

 

Modification and Severability

Miami Theater Center reserves the right to make changes to our website, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.