Terms of Service
Acceptance of the Terms of Service
The following terms and conditions, collectively with all documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access to and use of (a) the websites operated by Lakewood Theatre Company (LTC) DBA Lakewood Center for the Arts, DBA Lake Oswego Festival of the Arts, DBA Lakewood Gallery DBA Lakewood Center Associates, Inc. at www.lakewood-center.org and all other websites owned or operated by or on behalf of LTC or any of its affiliates from time to time, including all content, features, functionality, and services offered on or through any of the foregoing (collectively, the “Sites”).
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU ACCESS OR USE ANY SITE. BY ACCESSING OR USING ANY SITE, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, CAPACITY, AND AUTHORITY TO ENTER INTO (AND THAT YOU MEET ALL OF THE USER ELIGIBILITY REQUIREMENTS, INCLUDING WITH RESPECT TO YOUR AGE AND COUNTRY OF RESIDENCE, SET FORTH IN) THIS AGREEMENT; AND (III) ACCEPT AND AGREE WITHOUT RESTRICTION TO BE BOUND BY AND TO COMPLY WITH THIS AGREEMENT, INCLUDING LAKEWOOD’S PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS AGREEMENT (INCLUDING OUR PRIVACY POLICY), DO NOT ACCESS OR USE ANY SITE.
User Eligibility
The Site is offered and available only to persons who (a) are at least 13 years of age and (b) reside in the United States, including its territories and possessions (the “Territory”). All materials and information contained on the Site apply to the Territory market only. LTC makes no claim, representation, or warranty that any Site is accessible, available for use, or appropriate outside of the Territory. Access to one or more Sites may not be lawful by certain persons or in certain countries. If you access any Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws. Nothing herein should be construed as a solicitation or promotion for any product that is not authorized by the laws, rules, and regulations of the country where you reside.
Changes to the Terms of Service
LTC reserves the right to change, modify, add, or remove portions of this Agreement at any time. Such changes, revisions, and modifications shall be effective immediately upon us posting them on the applicable Site. Notwithstanding the foregoing, if LTC makes material changes to this Agreement, LTC will provide you with prominent notice as LTC deems appropriate under the circumstances, which may include displaying a prominent notice within the Sites, or requesting your consent to such changes when you access the Sites, or by sending an email to your registered email address. Your continued use of the Site after such notice shall be deemed to constitute acceptance of all such changes, revisions, and modifications. IF YOU DO NOT AGREE TO THE REVISED AGREEMENT, YOUR ONLY REMEDY IS TO DISCONTINUE YOUR USE OF THE SITES.
Privacy Policy
LTC's Privacy Policy is a part of this Agreement and is incorporated herein by this reference.
Additional Terms
Certain content, features, functionality, information, and services accessible and/or usable on or through the Sites (collectively, the “Additional Services”) are governed by the respective rules and terms and conditions applicable thereto (collectively, the “Additional Terms”), including:
- Ticket Terms and Conditions.
- Gift Card & e-Gift Card Terms and Conditions.
- Voucher Terms and Conditions.
- Education Class Registration Rules.
- Education Class Rules.
- Email terms.
All of the Additional Terms are incorporated herein by this reference. By accessing or using any of the Additional Services, you hereby agree to the associated Additional Terms. In addition, you may be required to register with the Additional Services and further acknowledge your acceptance of the Additional Terms, and your failure to do any of the foregoing may restrict you from accessing or using certain Additional Services or any of their features and/or functionality. Any violation of any of the Additional Terms will be deemed a violation of this Agreement. To the extent there is a conflict between the terms of this Agreement and any of the Additional Terms, the terms of the Additional Terms shall control.
Scope Of Use
LTC invites you to view and use the Sites for your informational, personal, non-commercial purposes (the “Permitted Purpose”). No materials, information, software, products or services included in or available through any Site may be copied, downloaded, or stored (whether in a retrieval system or otherwise), nor may any of the foregoing be distributed, transmitted, or republished, by you for any purpose, without the express written permission of LTC, except that you may print or download one copy of a reasonable number of pages of the Site for the Permitted Purpose and not for further reproduction, publication, or distribution.
In addition, you may not:
- decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works based on any Site or any material from any Site.
- use any illustration, photograph, video, or audio sequence, or graphic separately from the accompanying text from any Site.
- delete or alter any copyright, trademark, or other proprietary rights notices from any copy of any material from any Site; or
- access or use for any purpose other than the Permitted Purpose any part of any Site or any service or material available on or through any Site.
LTC may terminate, change, suspend, or discontinue any aspect of any Site at any time and in LTC’s sole discretion without any liability to you. Without limiting the foregoing, if you print, copy, modify, download, or otherwise use or provide any other person with access to any part of any Site in breach of this Agreement, your right to use the Sites will cease immediately and you must, at our option, return or destroy any and all copies of any Site materials you have made.
Compliance With Laws
You agree to comply with all laws, rules, and regulations applicable to your use of the Sites.
Trademarks
“LTC Marks” means “LAKEWOOD THEATRE COMPANY,” “LAKEWOOD CENTER FOR THE ARTS,” “LAKE OSWEGO FESTIVAL OF THE ARTS,” “ARTS IN LO,” "LAKEWOOD CENTER ASSOCIATES," "OTAS AWARDS" and all other trademarks, service marks, logos, designs, slogans, and other commercial symbols that appear on the Site or are otherwise used in connection with LTC’s or any of its affiliates’ respective businesses/divisions/organizations. All LTC Marks are the exclusive property of LTC, its affiliates, or third-party licensors. This Agreement does not authorize you to use any LTC Mark, and you agree not to use any LTC Mark in any manner without the prior written consent of LTC, which consent may be withheld in the sole discretion of LTC.
Intellectual Property Rights
The Sites (including all information, software, text, displays, images, video, and audio accessible or obtained on or through any Site, and the design, selection, and arrangement thereof) are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties and are the property of LTC, its affiliates or third-party licensors, or other providers of such material. No right, title, or interest in or to any Site or any content on any Site is transferred or assigned to you, and all rights not expressly granted are reserved by LTC. Any use of any Site not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.
Links To Third-Party Websites and Offerings
The Sites may produce automated search results or otherwise link you to other websites, mobile applications, applications, games, promotions, loyalty programs, products, or services provided by third parties (“Third-Party Offerings”) that are related to the Sites (such as payment processing services and social networking sites) or that we believe you might find useful and informative. These Third-Party Offerings are not under the control of LTC, and you acknowledge and agree that LTC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such Third-Party Offerings, including the privacy practices or content thereof. The inclusion on any Site of a link to any Third-Party Offering does not constitute or imply any endorsement or recommendation of such Third-Party Offering by LTC or any association with its operators, and LTC disclaims all liability with respect to such Third-Party Offerings, including but not limited to your access to and/or use of the same. By using or otherwise interacting with such Third-Party Offerings, you agree to be bound by all terms of use and privacy policies applicable thereto. We encourage you to review all applicable terms of use and privacy policies before accessing or using any Third-Party Offering. As noted above, the statements in LTC’s Privacy Policy apply solely to information collected by LTC or any of its affiliates.
User Content
Certain areas of the Sites may enable you to post or transmit content or data, submit emails, or otherwise provide feedback or other information or materials (collectively, “User Content”) to LTC.
When you provide User Content that includes any information about yourself to LTC, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or LTC has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, LTC has the right to suspend or terminate any account you establish in connection with your use of any Site and refuse any and all current or future use of the Sites or any portion thereof. You agree that all information we collect (including any information you provide through the use of any interactive feature) on any Site is governed by and subject to our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
You understand that all User Content is your sole responsibility. This means that you, and not LTC, are responsible for all User Content that you upload, post, email, transmit, or otherwise make available in connection with the Sites. Under no circumstance will LTC be liable in any way for any User Content, including for any error or omission in any User Content, or for any loss or damage of any kind incurred as a result of the access to or use of any User Content posted, emailed, transmitted, or otherwise made available in connection with any Site. Although LTC does not pre-screen User Content, LTC has the right, but not the obligation, to delete or move any User Content for any reason. Without limiting the foregoing, LTC has the right to remove any User Content that violates this Agreement.
By posting or submitting User Content to any Site, you grant LTC and its affiliates a perpetual, irrevocable, non-terminable, worldwide, royalty-free, and non-exclusive right and license to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the User Content in any form, anywhere and for any purpose, subject to LTC’s Privacy Policy unless otherwise agreed upon in writing. You represent and warrant that you own or otherwise control all rights in and to any such User Content, and that public posting and use of your User Content by LTC will not infringe or violate the rights of any third party.
Third-Party Content
The Sites may include or make accessible to you content provided by third parties, including materials provided by third-party users, licensors, syndicators, aggregators, and/or reporting services (“Third-Party Content”). All statements and/or opinions expressed in Third-Party Content are solely the opinions and the responsibility of the person or entity providing such Third-Party Content. Third-Party Content is provided solely as a convenience and does not necessarily reflect the opinion of LTC or imply any affiliation, sponsorship, endorsement, approval, investigation, verification, or monitoring of such Third-Party Content. LTC does not control the Third-Party Content posted and does not guarantee and is not responsible or liable to you or any third party for, the content, accuracy, integrity, reliability, or quality of any Third-Party Content.
Your Conduct
In connection with your use of the Sites, you agree not to:
1 upload, post, email, transmit or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable or that, in LTC’s sole discretion, harms or may harm LTC, any of its affiliates, company divisions, any Site user, or any other person in any way.
2 impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
3 forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted in connection with the Sites.
4 uploads, post, email, transmit or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
5 uploads, post, email, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
6 uploads, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.
7 uploads, post, email, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
8 interfere with or disrupt the operation of the Sites or servers or networks connected to the Sites, or disobey any requirements, procedures, policies or regulations of the Sites or any networks connected to the Sites.
9 attack any Site via a denial-of-service attack or a distributed denial-of-service attack.
10 attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of any Site, the server on which any Site is stored, or any server, computer, or database connected to or used with any Site.
11 use any Site in any manner that could disable, overburden, damage, or impair any Site or interfere with any other person’s use of any Site, including such person’s ability to engage in any activity through any Site.
12 collect or store personal data about other users.
13 use any automated or non-automated device, process, system, script (including any spider, robot (or “bot”), cheat utility, scraper, or offline reader), or other means to access, use, collect information from, or otherwise interact with any of the Sites or any content thereon, or otherwise collect or scrape any content from any Site; or
14 use the Sites or any content thereon for any purpose other than the Permitted Purpose (including any commercial purpose) or in any automated manner.
Registration And Passwords
The Sites may permit or require you to register, create an account, or obtain a password prior to permitting access to certain Additional Services available on or through the Sites. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password.
Email Marketing
By submitting your email address through the Website, you are expressly consenting to receive emails from Lakewood Theatre Company/Lakewood Center and from its divisions. To opt-out of receiving email messages from us or from our divisions click on the “Unsubscribe” link contained in each email. Please allow up to 10 business days for us to process your request. Please note if you decide not to receive marketing emails from us, you may still receive transactional email messages regarding your order(s) (i.e., order confirmation, shipping information, etc.). If you have questions or concerns regarding this provision, please contact us at center.info@lakewood-center.org
Disclaimer Of Warranties
THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE SITES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND. LTC HEREBY DISCLAIMS ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, LTC AND ITS AFFILIATES DO NOT WARRANT THAT THE SITES OR ANY MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITES ARE ACCURATE, RELIABLE, COMPLETE, USEFUL, OR CORRECT; THAT THE SITES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITES ARE FREE OF VIRUSES OR OTHER HARMFUL OR MALICIOUS CODE, COMPONENTS, OR OTHER MATERIALS. YOUR USE OF THE SITES IS AT YOUR SOLE RISK. THE FOREGOING DOES NOT AFFECT ANY WARRANTY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation Of Liability
UNDER NO CIRCUMSTANCES SHALL LTC OR ANY OF ITS AFFILIATES, PARTNERS, OR LICENSORS, OR ANY OF THE RESPECTIVE OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, LICENSEES, OR REPRESENTATIVES OF ANY OF THE FOREGOING (COLLECTIVELY, “RELEASED PARTIES”), BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, ANY SITE, ANY THIRD-PARTY OFFERING LINKED TO OR FROM ANY SITE, ANY CONTENT ACCESSIBLE OR OBTAINED ON OR THROUGH ANY SITE OR ANY SUCH THIRD-PARTY OFFERING, OR ANY SERVICE OR ITEMS ACCESSIBLE OR OBTAINED ON OR THROUGH ANY SITE OR ANY SUCH THIRD-PARTY OFFERING, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF LTC OR ANY OTHER RELEASED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, LTC’S TOTAL LIABILITY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT IS LIMITED TO $100. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW (INCLUDING CONSUMER PROTECTION LAW). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, ALL OR A PORTION OF THESE LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You agree to defend, indemnify and hold harmless LTC, its affiliates, and the respective employees, contractors, agents, officers, and directors of each of the foregoing from and against all liabilities, claims, damages, expenses, and fees (including reasonable attorneys’ fees) that arise out of or are related to: (a) any User Content you submit, post, transmit or make available through any Site; (b) your violation of this Agreement or your access to or use of any Site, including (i) your use of any of the Sites’ content, services, or products other than as expressly authorized in this Agreement and (ii) your use of any information obtained from any Site; or (c) any unauthorized access to or use of any account you create using any Site.
Choice Of Law And Jurisdiction
This Agreement shall be governed by the laws of the State of Oregon without regard to the conflicts of laws rules of any jurisdiction. Any dispute arising from or related to any Site (including any dispute concerning the interpretation or effect of this Agreement and/or your use of any Site) shall be instituted exclusively in the state or federal courts situated in Multnomah County in the State of Oregon. You agree and waive any and all objections to the exercise of personal jurisdiction over you by such courts and to venue in these courts. ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR LTC WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.
You Must Bring Claims within One Year
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU PERMANENTLY AND IRREVOCABLY WAIVE THE RIGHT TO BRING ANY CLAIM YOU MAY HAVE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT OR ANY SITE IN ANY FORUM UNLESS YOU COMMENCE SUCH CLAIM WITHIN ONE (1) YEAR OF THE EVENT OR CIRCUMSTANCE GIVING RISE TO SUCH CLAIM.
Equitable Relief
You acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to LTC for which damages would not be an adequate remedy, and, therefore, in addition to its rights and remedies otherwise available at law, LTC shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If LTC seeks any equitable remedies, it shall not be precluded or prevented from seeking remedies at law, nor shall it be deemed to have made an election of remedies.
Entire Agreement; Construction
This Agreement (including LTC’s Privacy Policy) constitutes the sole and entire agreement between you and LTC with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. For purposes of this Agreement, the word “including” and words of similar import means “including, without limitation”.
Severability
If any provision of this Agreement is held unenforceable or invalid under any applicable law or is so held by applicable court decision, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole, and such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or the applicable court decisions.
Waiver
Any waiver by LTC of a breach of any provision of this Agreement shall not operate as or be construed to be a waiver of any other breach of such provision or of any breach of any other provision of this Agreement. Any waiver must be in writing. Failure by LTC to insist upon strict adherence to any term of this Agreement on one or more occasions shall not be considered a waiver or deprive LTC of the right to insist upon strict adherence to that term or any other term of this Agreement.
Termination and Suspension
LTC reserves the right, in its sole discretion, to terminate or suspend your access to all or part of the Sites, with or without notice, for any reason or no reason, including your violation of this Agreement. Upon any termination or suspension of your access to the Sites, this Agreement, and all rights granted to you and all benefits accrued by you under this Agreement, shall automatically terminate as between you and LTC, and you must promptly discontinue all use of and access to the Sites. The terms and conditions of this Agreement which by their nature reasonably should survive termination of this Agreement shall survive any termination of this Agreement.
Assignment
You may not assign, delegate, or transfer this Agreement or any of your rights hereunder, and any attempt to do so will be null and void.
Infringement Claims
In accordance with the Digital Millennium Copyright Act, if you believe in good faith that material on the Sites infringes your copyright, you may submit a notice requesting that the material be removed to RCI’s designated Copyright.
Infringement Agent by mail to:
Lakewood Theatre Company/Lakewood Center for the Arts
Attn: Legal Department 368 S. State street
Lake Oswego, OR 97034
In order for LTC’s Copyright Infringement Agent to act on your notice, you must provide the following information in such notice:
1 the identity of the infringed work, and of the allegedly infringing work (and where such work is located on the Sites).
2 your name, address, daytime phone number, and email address, to the extent available.
3 a statement that you have a good faith belief that the use of the copyrighted work is not authorized by you, your agent, or the law.
4 a statement of the accuracy of the notice and, under penalty of perjury, that you are the owner or are authorized to act on behalf of the owner; and
5 your electronic or physical signature.
Notices to California Consumers
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: if you have a question or complaint regarding any Site, please contact LTC in accordance with the “Questions” section below. You may also contact LTC by calling at (503)635-6338. California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Questions
If you have any questions about this Agreement, you can contact us as follows:
- You can send your request for information online using LTC’s contact form.
- You can send your request for information to the following postal address:
Lakewood Theatre Company 368 S. State Street
Lake Oswego, OR 97034 Attn: Customer Service
Last Modified: October 9, 2023