We have prepared this policy statement so you will be aware of what information is collected about visitors to our web site and how that information is used. From time to time our practices may change, necessitating changes to the policy as it exists now. We encourage you to refer back to this page to see the policy in effect at the time of your use and, if you wish, change your user preferences.
By using our web site, or communicating with us by e-mail, you are deemed to have assented and agreed to this policy as it is in effect at the time of your use.
What information about you is collected and how is it used?
You can browse our site without logging on, and no personal information about you or your site visit will be collected. Some anonymous statistical information is automatically logged when you access our site. These “access logs” allow us to make our site more useful to you and others who use it by, for example, tracking which features of the site are most used by visitors. None of this information, which is listed below, is associated with any personal information or contains anything identifying you personally:
The date of the visit
The time of arrival and length of visit
The browser used (e.g., IE7, Firefox, Safari, etc.)
A list of files downloaded or pages viewed
The IP address of the machine through which the site was accessed
Any errors encountered
A cookie is an alphanumeric identifier that is automatically stored on the hard drive of a computer that accesses a web site. It allow our systems to recognize your browser’s access privileges and to personalize your session with us. We do not share information from cookies with any third parties. If you do not wish a cookie to be placed on your computer, however, you can adjust the settings on your browser accordingly, although doing so will limit the range of features that will be available for your use on our site.
When a user of our web site requests brochures, or makes a donation, buys tickets, merchandise, or other items, we must have the information we need to process the transaction: name, address, telephone number, e-mail address and, when applicable, credit card number. For reasons of security, no credit card information is shared with any third party or stored permanently on our web server. If a user registers at our sites, but does not make a request or purchase, this same information is collected, with the exception of credit card information. In addition to using your name and contact information to fulfill your requests, process your transactions or to award prizes, your name and contact information will be added to our database, and we may perform statistical analyses of user behavior to measure interest in the various areas of our sites. You may receive direct mail or telemarketing calls from Opera Theatre.
Opera Theatre occasionally shares its address list with other St. Louis non-profit organizations. We never share emails or phone numbers. If you would prefer that we not share your information with another non-profit, please contact us at firstname.lastname@example.org or call us at (314) 963-4228.
We may release information if we are required to do so by law or in the good faith belief that it is necessary to comply with the law or legal process served on us or protect and defend our legitimate business interests, rights or property or rights of our customers or patrons.
If you communicate with us by letter, e-mail, phone or in person, it is possible that information about the communication may be collected in a file specific to you.
To alter your e-mail preferences, please complete our Contact Us form and we will record and respect your instructions.
Please note that the Opera Theatre of Saint Louis website does not knowingly collect personal information from any child under 13 without parental consent. Any parent who may be concerned that a child has accessed our web sites or given personal information should contact us as indicated below. Further, although we believe that our security procedures are appropriate to protect your personal information as indicated, we cannot guarantee that these precautions will protect against — and we must herby expressly disclaim any liability for — its misuse, loss, alteration or use inconsistent with our policy. In addition, note that the policy appearing here applies solely to information collected by the Opera Theatre web site, and we have no responsibility for and specifically disclaim any liability for the content, the privacy policies and the use of information of third-party web sites to which our sites may give links.
Jurisdiction and Venue
All users, including those who access the web sites from a country other than the U.S., agree by virtue of their use that the laws of the State of Missouri shall govern any disputes, including any arising from or in connection with use of the sites and any arising from Opera Theatre of Saint Louis’s use of personal information or otherwise relating to privacy and that any claim made against Opera Theatre of Saint Louis can be brought only in a federal or state court in St. Louis County, Missouri, all as specified in our Terms and Conditions.
Terms and Conditions
These Terms and Conditions of Use apply to all sites owned or operated by Opera Theatre of Saint Louis. By entering any of these sites you are agreeing to be bound by all applicable laws and have entered into a binding contract with us containing the Terms and Conditions of Use set forth herein.
Proprietary Rights and Restrictions on Use
The contents of the Opera Theatre of Saint Louis web site, which include, without limitation, text, sound, graphics, music, data, images, software, and website appearances and design (“Contents”), are the property of Opera Theatre of Saint Louis, or third parties, and are protected by copyrights, trademarks, service marks, trade names, patents and other proprietary rights and laws. In addition, the Contents are copyrighted as a collective work/compilation. The names, marks, logos and other identifications of Opera Theatre are the property of Opera Theatre of Saint Louis. All rights in and to the web site, its Contents and the Names are reserved, and no part of them may be used for any commercial purpose whatsoever without our prior express written approval for each use. You acknowledge that any use or reproduction of the Names or the Contents, except as expressly permitted herein, will cause irreparable damage and you consent to the entry of injunctive relief against such use.
The Contents are available for your own use, for non-commercial and educational purposes only. Such use is subject to additional restrictions or laws that govern individual files or programs. If you are permitted to use any part of the Contents, you must cite the author and source of the Contents along with the URL www.experienceopera.org each time you do so. Except as set forth herein, you may not copy, publish, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative works from the Contents, in any form or in any medium. Modification of any of the Contents, use of any of the Contents for any other purpose, or use of any of the Contents on any other web site or networked computer environment is prohibited and is a violation of Opera Theatre of Saint Louis’s proprietary rights.
The Contents and the Opera Theatre of Saint Louis web site are provided without warranty that they will meet your requirements, or that they will be uninterrupted, timely, secure, or error free. There is no warranty of any kind as to the results obtained, or the accuracy or reliability, validity, or completeness of any information obtained. Any downloading of any contents is at your own risk, and you are solely responsible for any damage done to your computer system or loss of data which may result from such download.
The Opera Theatre of Saint Louis web site is provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Opera Theatre of Saint Louis disclaims all warranties including but not limited to warranties of merchantability, title, noninfringement of intellectual property, fitness for a particular purpose. We do not warrant that the functions contained on the web sites or in the contents will be uninterrupted or error-free. That defects will be corrected, or that the web sites or the server(s) that make the web sites available are free or viruses or other harmful or destructive components. Nor do we warrant or make any representations regarding the use or the results of the use of the contents in terms of its correctness, accuracy, reliability, or otherwise. You, and not Opera Theatre, assume the entire cost of all necessary servicing, repair, or correction. (If applicable law does not allow the exclusion of implied warranties, such exclusion may not apply to you.)
Limitation of Liability
You expressly agree that Opera Theatre of Saint Louis shall not be liable under any circumstances, including but not limited to negligence, for any loss or damage whatsoever, direct, indirect, consequential, punitive, actual, incidential, special, exemplary or otherwise, including, without limitation, loss of profits, business interruption or loss of information, arising out of the use of or inability to use the Opera Theatre of Saint Louis web site or the contents, whether based on warranty, contract, tort or any other legal theory, even if we are advised of the possibility of such loss or damage. By using the Opera Theatre of Saint Louis web site, you waive any claims you may have against Opera Theatre which may result from your use or inability to use the site. If you are dissatisfied with the web site or the contents, your sole and exclusive remedy is to discontinue using the site. Because applicable law may not allow the exclusion or limitation of incidental or consequential damages, the exclusion thereof may not apply to you, but will, in any event, apply to the maximum extent permissible, and, in no event shall the Opera Theatre of Saint Louis’s 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 for accessing the web site.
You agree, at your sole cost and expense, to indemnify, defend and hold harmless Opera Theatre of Saint Louis and severally, their officers, directors, employees, agents, affiliates, and subsidiaries, from and against any and all judgments, losses, deficiencies, damages, liabilities, costs and expenses (including attorneys’ fees, costs of settlement, and costs of litigation or mediation) incurred in connection with, or arising out of, your violation or alleged violation of these Terms and Conditions of Use or the law of any jurisdiction or in connection with your use or inability to use the Opera Theatre of Saint Louis web site or any product or service related thereto.
Ticket and Merchandise
Your purchases of tickets to OTSL, of merchandise from the Boutique, of memberships or of other items offered on the sites are subject to additional laws, rules and policies that will appear in the shopping cart when applicable.
When you register as a user of the Opera Theatre of Saint Louis web site, you will create a unique user name and password. You are responsible for maintaining the confidentiality of them and will be responsible for all activities that occur under your user name and password. Please notify us immediately if you suspect unauthorized use or a breach of security of your user name or password or otherwise with respect to the web sites at email@example.com
Other Sites and Products
You acknowledge that third-party sites that may be linked to the Opera Theatre of Saint Louis web site are not under the control of Opera Theatre of Saint Louis, and you agree that neither of us is responsible for the content, advertising, products or other materials presented on such sites and shall have no liability for any loss or damage incurred as a result of the use of such third party sites. Any concerns regarding any services or resources provided by any such site should be directed to that site. You further acknowledge and agree that any links to third-party sites provided by us do not constitute or imply any endorsement, recommendation, acceptance or favoring by Opera Theatre of Saint Louis of that site, any products offered therein, opinions or any content thereof.
Each Use Constitutes Acceptance
We may amend these Terms and Conditions at any time, and your use of the Opera Theatre of Saint Louis web site constitutes acceptance of these Terms and Conditions stated and in effect at the time of each use.
These Terms and Conditions, and all relations between you and Opera Theatre of Saint Louis, shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to its conflict of law provisions. You agree that any controversy, claim or action at law or equity arising out of or relating to these Terms and Conditions or your use of the Opera Theatre of Saint Louis web site or any of the Contents shall be resolved only in a state or federal court in Saint Louis County, Missouri, and you hereby consent and submit to the personal jurisdiction and venue of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision is and shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. To the extent anything in or associated with the Opera Theatre of Saint Louis web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control. Opera Theatre’s failure to enforce any provision of this Agreement against you or anyone else is not and shall not be deemed a waiver of such provision nor of the right to enforce such provision against you. Headings of sections contained herein are meant for convenience only and do not limit in any way the applicability or force of any provisions herein.
You further agree that regardless of any law or statute to the contrary, any controversy, claim or cause of action arising out of or relating to the Opera Theatre of Saint Louis web site and/or these Terms and Conditions must be filed within one (1) year of the date of the controversy, claim or cause of action arose or be forever barred as untimely.
These Terms and Conditions constitute the entire Agreement between us and you relating to the subject matters herein and shall not be modified except as provided herein or in a writing signed by you and Opera Theatre of Saint Louis.