Terms of Service (TOS)
RESTRICTIONS ON USE
Unless otherwise specified, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from the Services.
In order to purchase any products from the Wiz Store on TheWizTheatreCompany.com Site ("Site"), you must register as a member of the Site and agree to be bound by these Terms & Conditions ("TOS"). To have the ability to access our website and services, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, it is your responsibility to find the equipment (i.e. computer, modem, and/or other devices) necessary to make such a connection to the Internet.
In consideration of your use of TheWizTheatreCompany.com, you agree to: (1) provide accurate, current and complete information about yourself as prompted by the registration form and (2) maintain and promptly update your personal contact information to keep it current and complete. If you provide any information that is untrue, inaccurate, inappropriate or not current, or if TheWizTheatreCompany.com has reasonable grounds to suspect that such information is untrue, inaccurate, inappropriate or not current, TheWizTheatreCompany.com has the right to disable or terminate your account and refuse any and all current or future use of the site.
You must be 18 (eighteen) or older to register as a Member of TheWizTheatreCompany.com. Membership in the Service is void where prohibited. By using this Site, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the Terms & Conditions of this Agreement. Children under 13 are not permitted to use this website.
PAYMENT AND BILLING
Payment for TheWizTheatreCompany.com services or products is to be made by credit card or other means by which TheWizTheatreCompany.com authorizes. Payment must be received by TheWizTheatreCompany.com prior to acceptance of an order.
Customers must promptly inform TheWizTheatreCompany.com of apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until TheWizTheatreCompany.com is notified by e-mail of a breach in security, the customer will remain liable for any unauthorized use of the service.
The return policy for all products purchased on TheWizTheatreCompany.com is that any product purchased from TheWizTheatreCompany.com may be returned for a full refund within 7 days of receipt, except that any album, CD or DVD must be returned with its original packaging and seal intact. If the original seal is broken, the album, CD or DVD may not be returned unless it is defective, in which case, the defective album, CD or DVD will be replaced with an identical item.
TheWizTheatreCompany.com reserves the right to cancel or terminate an individual's account if there is speculation of misconduct or similar behaviors. Should you breach this Agreement, TheWizTheatreCompany.com will revoke your license to use the Service and suspend your right of access.
Should you have any inquires regarding billing, this should be directed to our Customer Support Team via email to billing@TheWizTheatreCompany.com.
MODIFICATIONS TO SERVICE
These Terms of Service were last modified on April 4, 2008. At any time and without prior notice, TheWizTheatreCompany.com shall have the right, in its sole discretion, to modify, add or remove terms of these Terms of Service, without notifying our customers of such modifications, additions or removals, and all such changes shall be effective immediately. Your continued participation and use of this website and/or the TheWizTheatreCompany.com services following our posting of any such change on our site will constitute binding acceptance of such change. You agree that Charles M. Smalls dba TheWizTheatreCompany.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the service.
This website contains links to Internet websites maintained by third parties. TheWizTheatreCompany.com does not operate or control in any respect any information, products, or services on such third-party sites. Third-party links do not constitute any endorsement by TheWizTheatreCompany.com and/or its affiliates. User assumes sole responsibility for use of these third-party links. The disclaimers set forth herein are equally applicable to such third-party sites.
DISCLAIMERS OF WARRANTIES
The products, offerings, content and materials (including, without limitation, the Fee-Based products) on this website are provided "as is" and without warranties of any kind, either express or implied. Charles M. Smalls dba TheWizTheatreCompany.com disclaims all warranties, express or implied, including but not limited to warranties of title or implied warranties of merchantability, fitness for a particular purpose, title, security, accuracy or non-infringement.
Neither TheWizTheatreCompany.com, Charles M. Smalls, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant that this website or any function contained in this website will be uninterrupted or error-free, that defects will be corrected, or that this website or the servers that make this website available are free of viruses or other harmful components.
Neither TheWizTheatreCompany.com, Charles M. Smalls, any of our affiliates, nor any of our or their respective licensors, licensees, service providers or suppliers warrant or make any representations regarding the use or the results of the use of the products, offerings, content and materials (including, without limitation, the fee-based products) in this website in terms of their correctness, accuracy, reliability, or otherwise. Further, please note that no advice or information, obtained by you from our personnel or through this website shall create any warranty not expressly provided for in this agreement.
LIMITATION OF LIABILITY
You expressly understand and agree that TheWizTheatreCompany.com, Charles M. Smalls, and our affiliates shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from, (a) the use or the inability to use this website (including, without limitation, the fee-based products); (b) the use of any content or other material (including, without limitation, the fee-based products) on this website or any website or websites linked to this website, (c) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from this website (including, without limitation, the fee-based products); (d) unauthorized access to or alteration of your transmissions or data; (e) statements or conduct of any third party on our website (including, without limitation, the fee-based products); or (f) any other matter relating to this website. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort (including, but not limited to, negligence, or otherwise) exceed the amount paid by you, if any, for accessing this website. If you are dissatisfied with any portion of our website, or with any of provision of this agreement, your sole and exclusive remedy is the discontinuation of your use of this website.
You agree to indemnify and hold TheWizTheatreCompany.com, Charles M. Smalls, their subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of these Terms of Service and/or any breach of your representations and warranties set forth above.
All questions relating to this website's validity, interpretations, performance and enforcement, including the Terms of Service, shall be governed by and construed in accordance with the laws of the State of Nevada. Any action relating to this website's validity, interpretations, performance and enforcement, including the Terms of Service, must be brought in the federal or state courts located in Las Vegas, NV, and you irrevocably consent to the jurisdiction of such courts. Our failure to enforce your strict performance of any provision of these Terms of Service will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this policy. Any waiver, amendment or other modification of any provision of these Terms of Service will be effective only if in writing and signed by an authorized representative of TheWizTheatreCompany.com or Charles M. Smalls.
Neither Charles M. Smalls or TheWizTheatreCompany.com will be responsible or liable to you for any delay or failure to perform under these Terms of Service if such delay or failure results from fire, explosion, labor dispute, earthquake, casualty or accident, lack or failure of transportation facilities and/or services, lack or failure of telecommunications facilities and/or services including Internet services, epidemic, flood, drought, or by reason of war, civil commotion, blockade or embargo, act of God, any inability to obtain any requisite license, permit or authorization, or by reason of any law, proclamation, regulation, ordinance, demand or requirement of any government or by reason of any other cause whatsoever, whether similar or dissimilar to those enumerated, beyond the reasonable control of TheWizTheatreCompany.com.
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
Software from this Site (the "Software") is further subject to United States export controls. No Software may be downloaded from the Site or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other Country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
NOTICES REGARDING SOFTWARE, DOCUMENTS AND SERVICES AVAILABLE ON THIS WEB SITE
IN NO EVENT SHALL THEWIZTHEATRECOMPANY.COM, CHARLES M. SMALLS AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any TheWizTheatreCompany.com server, or the network(s) connected to any TheWizTheatreCompany.com server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any TheWizTheatreCompany.com server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services.
Copyright 2008 Charles M. Smalls dba TheWizTheatreCompany.com.
TheWizTheatreCompany.com and/or other TheWizTheatreCompany.com products referenced herein are either registered trademarks or trademarks of Charles M. Smalls in the U.S. and/or other countries. Any rights not expressly granted herein are reserved. Send your questions to the appropriate contact as listed below:
- TheWizTheatreCompany.com, contact terms@TheWizTheatreCompany.com
These Terms of Service represent the complete and entire agreement between Charles M. Smalls dba TheWizTheatreCompany.com and you and supercede all prior and contemporaneous agreements of the parties relating to the subject mater hereof. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. You acknowledge that you have read these Terms of Service and understand and agree to all of them in their entirety. You have independently evaluated the desirability of using TheWizTheatreCompany.com, and are not relying on any representation, guarantee, or statement other than as set forth in these Terms of Service.
We sincerely hope you enjoy your use of the TheWizTheatreCompany.com site. Please understand that these rules help make it possible to offer our valued users these Services.IMPORTANT: These Terms of Service for TheWizTheatreCompany.com Services ("Agreement") is a legal agreement between you and Charles M. Smalls dba TheWizTheatreCompany.com. By initiating a purchase or otherwise using or accepting the Services, you agree to be bound by the terms of this Agreement. If you do not agree to the Terms of this Agreement, do not purchase or use these Services. You agree that your use of the services acknowledges that you have read this Agreement, understand it, and agree to be bound by its Terms of Service.