The Amphitheater at Clark County Website Terms of Use

Acceptance Of Terms Through Use
USE OF THIS SITE AND ANY RELATED SERVICES ARE SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THE FOLLOWING INFORMATION CAREFULLY. YOUR CONTINUED USE OF THIS SITE INDICATES YOUR AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PROMPTLY EXIT THIS SITE.

THE AMPHITHEATER AT CLARK COUNTY DOES NOT KNOWINGLY COLLECT PERSONALLY IDENTIFIABLE INFORMATION FROM USERS UNDER THE AGE OF 13. NO INFORMATION SHOULD BE SUBMITTED TO OR POSTED ON THIS SITE BY USERS 13 AND UNDER WITHOUT THE CONSENT OF THEIR PARENT OR GUARDIAN. ANY SUCH POSTINGS WILL BE DELETED BY THE AMPHITHEATER AT CLARK COUNTY.

Overview.
This Web site ("Site") contains pages and materials made available for download and viewing by The Amphitheater at Clark County which is operated by Quincunx of Washington, LLC. ("THE AMPHITHEATER AT CLARK COUNTY"), by individual members or users ("Members") of the Site, and by advertisers, sponsors and other content contributors ("Content Contributors"). Portions of the Site authored by THE AMPHITHEATER AT CLARK COUNTY or its authorized agents, contractors, and employees are referred to herein as "THE AMPHITHEATER AT CLARK COUNTY Materials." Portions of the Site authored by Members are referred to herein as "Member Materials." Portions of the Site authored by other contributors are referred to herein as "Third Party Materials."

Use of THE AMPHITHEATER AT CLARK COUNTY Materials.
All THE AMPHITHEATER AT CLARK COUNTY Materials on the Site are protected by federal and international copyright and trademark laws and are the property of Quincunx of Washington, LLC and/or its affiliates. No portion of the THE AMPHITHEATER AT CLARK COUNTY Materials may be reprinted, republished, modified, reproduced, or distributed in any form without the express written permission of Quincunx of Washington, LLC.

You may view or download THE AMPHITHEATER AT CLARK COUNTY Materials for your own personal, non-commercial use. You may not remove any proprietary notices, including copyright notices, contained on any downloaded THE AMPHITHEATER AT CLARK COUNTY Materials and you shall comply with any applicable end-user license agreements. With respect to THE AMPHITHEATER AT CLARK COUNTY Materials, any rights not expressly granted by these Terms and Conditions or any applicable end user license agreements are reserved by Quincunx of Washington, LLC.

Accuracy of THE AMPHITHEATER AT CLARK COUNTY Materials.
Although THE AMPHITHEATER AT CLARK COUNTY attempts to ensure the integrity and accuracy of THE AMPHITHEATER AT CLARK COUNTY Materials, it makes no guarantees whatsoever as to their correctness or accuracy. It is possible that the THE AMPHITHEATER AT CLARK COUNTY Materials could include inaccuracies or errors, and that unauthorized additions, deletions and alterations could be made to these materials by third parties. In the event that an inaccuracy arises, please inform THE AMPHITHEATER AT CLARK COUNTY at This e-mail address is being protected from spam bots, you need JavaScript enabled to view it so that it can be corrected. Information contained on the Site may be changed or updated without notice.

Warranty Disclaimer.
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED HEREIN OR ANY SITE-RELATED SERVICE, IS PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, SITE-RELATED SERVICES, AND ANY LINKED WEB SITES.

UNDER NO CIRCUMSTANCES SHALL THE AMPHITHEATER AT CLARK COUNTY, ITS AFFILIATES AND ITS SPONSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES ARISING OUT OF OR RELATING IN ANY WAY TO THIS SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR ANY LINKED WEB SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED HEREIN, OR LINKED WEB SITES IS TO STOP USING THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION, OR LINKED WEB SITES.

Indemnification.
Upon request of THE AMPHITHEATER AT CLARK COUNTY, you agree to defend, indemnify and hold harmless THE AMPHITHEATER AT CLARK COUNTY, Quincunx of Washington, LLC, its directors, officers, employees, subsidiaries, affiliates, sponsors and licensors from all liabilities, claims and expense, including attorney's fees, that arise from or relate to your use or misuse of this Site or of information derived from this Site or any breach of these Terms and Conditions of Use. THE AMPHITHEATER AT CLARK COUNTY and Quincunx of Washington, LLC reserve the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with THE AMPHITHEATER AT CLARK COUNTY or Quincunx of Washington, LLC in asserting any available defenses.

Trademark Notice.
The marks "THE AMPHITHEATER AT CLARK COUNTY" logo is a trademark of Quincunx of Washington, LLC and Quincunx of Washington, LLC reserves all rights to this mark. Some of the marks used on this site are owned by third parties and Quincunx of Washington, LLC makes no claim of ownership to these marks.

Infringement.
It is THE AMPHITHEATER AT CLARK COUNTY's policy to respect the intellectual property of others and to respond quickly to notices of alleged infringement. THE AMPHITHEATER AT CLARK COUNTY may terminate the access of all Members who repeatedly infringe the intellectual property rights of others. Likewise, any apparent infringement of THE AMPHITHEATER AT CLARK COUNTY's intellectual property rights by one of its Members will result in the immediate termination of that Member's access to the Site.

As provided in the Digital Millennium Copyright Act of 1998, THE AMPHITHEATER AT CLARK COUNTY has designated the following individual for notification of potential copyright infringement regarding Member Materials and Third Party Materials on this Site:

The Amphitheater at Clark County
Communications Coordinator
17200 NE Delfel Road
Ridgefield, WA 98642
info "at" clarkcountyamp.com

If you believe Member Materials or Third Party Materials hosted on this Site infringe a copyright, please provide the following information to the person identified above:

• 1. A physical or electronic signature of the copyright owner or authorized agent;
• 2. Identification of the copyrighted work(s) claimed to have been infringed;
• 3. Identification of the Member Materials or Third Party Materials that are claimed to be infringing or the subject of the infringing activity; and, information reasonably sufficient to permit us to locate the identified Member Materials or Third Party Materials;
• 4. Information regarding how THE AMPHITHEATER AT CLARK COUNTY may contact you (e.g., mailing address, telephone number, e-mail address);
• 5. A statement that the copyright owner or its authorized agent has a good faith belief that use of the Member Material or Third Party Materials in the manner complained of is not authorized by the copyright owner, its agent, or the law;
• 6. A statement that the information in the notification is accurate, and made under penalty of perjury, and, if an agent is providing the notification, a statement that the agent is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If THE AMPHITHEATER AT CLARK COUNTY removes or disables access to Member Materials or Third Party Materials according to these Terms and Conditions, THE AMPHITHEATER AT CLARK COUNTY may, in its discretion, provide the Member or Contact Contributor with a copy of the notification, which prompted removal or disabled access to the Member Materials or Third Party Materials. However, THE AMPHITHEATER AT CLARK COUNTY reserves the right to withhold access to and/or not replace the Member Materials or Third Party materials unless ordered to do so by a court or other tribunal of competent jurisdiction.

Other Web Sites.
THE AMPHITHEATER AT CLARK COUNTY makes no representations whatsoever about any other Web site that you may access though this Site. When you access a non-THE AMPHITHEATER AT CLARK COUNTY Web site, please understand that it is independent from THE AMPHITHEATER AT CLARK COUNTY, and that THE AMPHITHEATER AT CLARK COUNTY has no control over the content on that Web site. In addition, a hyperlink to a non-THE AMPHITHEATER AT CLARK COUNTY Web site does not mean that THE AMPHITHEATER AT CLARK COUNTY endorses or accepts any responsibility for the content, or the use, of the linked site. It is up to you to take precautions to ensure that whatever you select for your use or download from that site is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature, and that such use or download complies with copyright and other applicable laws.

International Use
THE AMPHITHEATER AT CLARK COUNTY makes no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside the United States do so on their own initiative and are responsible for compliance with local laws.

Choice of Law and Venue.
These Terms and Conditions are entered into in the State of Washington, U.S.A., and shall be governed by and construed in accordance with the laws of the State of Washington, U.S.A., exclusive of its choice of law rules. Each party to these Terms and Conditions submits to the exclusive jurisdiction of the state and federal courts sitting in Clark County in the State of Washington, U.S.A., and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce these Terms and Conditions, the prevailing party will be entitled to costs and attorneys fees. In the event that any of the Terms and Conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force and effect.

Additional Rules
THE AMPHITHEATER AT CLARK COUNTY reserves the right to post, from time to time, additional terms and conditions that apply to specific parts of the Site.

Entire Agreement.
These Terms and Conditions constitute the entire agreement between THE AMPHITHEATER AT CLARK COUNTY and you pertaining to the subject matter hereof. In its sole discretion, THE AMPHITHEATER AT CLARK COUNTY may modify these Terms and Conditions by posting revisions on this Site.

No Unlawful or Prohibited Purpose.
As a condition of your use of this Site, you warrant to THE AMPHITHEATER AT CLARK COUNTY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms and Conditions. If THE AMPHITHEATER AT CLARK COUNTY is informed that you are making a possibly unlawful or prohibited use of the Site, THE AMPHITHEATER AT CLARK COUNTY may unilaterally deny your further access to the Site or any portion thereof.

Termination
THE AMPHITHEATER AT CLARK COUNTY reserves the right, in its sole discretion, to terminate your access to all or part of this Site with or without notice.