Terms of Use
Terms of use
Access to and use of this site is provided by Three Rivers Entertainment, Inc. and Three Rivers Entertainment & Production, LLC (herein both jointly and serverable referred to as TRE) and subject to the following terms: By using this site you agree to be legally bound by these terms, which shall take effect immediately on your first use of this site. If you do not agree to be legally bound by all the following terms please do not access and/or use this site. TRE may change these terms at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by TRE. Your intial use and continued use of this site after changes are posted means you agree to be legally bound by these terms as updated and/or amended. If there is any conflict between these terms and specific terms appearing elsewhere on this site (including local house rules) then the latter shall prevail. If any of these terms are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable.
Intellectual Property
You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use this site content or any information about TRE in any way except for your own personal, non-commercial use and in a manner that both conforms to the company policies of TRE and is not found to be objectionable by TRE. You also agree not to adapt, alter or create a derivative work from any of this site content. You expressly agree that you may not use any description of our services, performance, production, conduct, methods, emails, systems, intellectual property, trademarked names or any piece of information about our company on any website, social media, print media or in any way whatsoever. You agree to use this site only for lawful purposes and in a way that complies with TRE procedures and policies and does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of this site. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or using the site to profit in any way. In viewing any information about an Artist or performer on this site, you agree to be legally bound to book same Artist or Performer through TRE and not directly or through another business entity. You agree to indemnify TRE for any lost commissions or fees in the event you book artists or performers viewed on this website through any entity, person or busienss other than TRE. The names, slogans, images and logos identifying TRE, Cityscape and its musicians, In The Mood and its musicians, After Dark and its musicans, The Nick Dialoiso Orchestra and its musicians,or third parties and their products and services are subject to copyright, design rights and trade marks of TRE and/or third parties. You may not write, blog, video, photograph, draw, describe, or offer any accounting, description, depiction, image, opinion or complaint about any TRE band, Employee, Officer, Agent, contractor or performer associated with this website and your use thereof to contract our services. You agree indemnify, defend and hold TRE, its agents, employees, bands and performers harmless from and against all claims, losses, liabilities, costs, expenses, obligations, and damages including without limitation litigation costs and reasonable attorneys’ fees sustained, incurred or required to be paid by TRE that relate to or arise out of any contract, engagement or performance that you book as a result of using this website. You may not post any comments, depictions, images, stories, opinions or complaints about the bands, performers, agents, employees or TRE on any other website without an express written permission from TRE approving such action. Nothing contained in these terms shall be construed as conferring by implication, or otherwise any license or right to use any trademark, patent, design right or copyright of TRE or any other third party.
You expressly agree that damages may be impossible to calculate in advance and you agree to allow us to have such content removed immediately by use of a court injunction. You also agree to pay 1000.00 per day in damages to TRE for each day that you are in violation of these terms and conditions.
Disclaimers and Limitation of Liability
This site content, including the information, names, images, pictures, logos and icons regarding or relating to TRE, its products and services (or to third party products and services), is provided “AS IS” and on an “IS AVAILABLE” basis without any representations or any kind of warranty made (whether express or implied by law) to the extent permitted by law, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy. Under no circumstances will TRE be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of this site regardless of the form of action. TRE does not warrant that functions contained in this site content will be uninterrupted or error free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or bugs.
Privacy
TRE uses cookies on this website to help it improve the services to its users. A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a website’s computer and stored on your computer’s hard drive. Each website can send its own cookie to your browser if your browser’s preferences allow it, but (to protect your privacy) your browser only permits a web site to access the cookies it has already sent to you, not the cookies sent to you by other sites. Many sites do this whenever a user visits their website in order to track online traffic flows. Cookies record information about your online preferences. Users have the opportunity to set their computers to accept all cookies, to notify them when a cookie is issued, or not to receive cookies at any time. TRE hosts extensive resources for Entertainment and Production professionals and Customers. To extend and improve our resources, research the requirements of the marketplace, and help our users move more quickly through the site, TRE collects personal information about website visitors during registration, via web server log analysis and through periodic visitor surveys. TRE uses reasonable precautions to keep personal information disclosed to us secure. However, we are not responsible for any breach of security or for any actions of third parties with respect to your personal information. We also reserve the right to use any information gained or disclosed to us for research and analysis.
Confidentiality
You may not, at any time, write, blog, video, photograph, draw, describe, or offer any accounting, description, depiction, image, opinion or complaint about any TRE band, Employee, Officer, Agent, contractor or performer associated with TRE or this website. You may not post any comments, depictions, images, stories, opinions or complaints about the bands, performers, agents, employees or TRE on any other website or anywhere. You may not share or transmit any information, whatsoever about any aspect of your relationship, dealings, communications, emails, conversations or any other aspect of your relationship with TRE, its agents, officers and employees. If you post or send any offensive, objectionable or critical content in any form of media whatsoever, on any website, blog, social network, electronic media, print media or bulletin board or you otherwise engage in any disruptive behavior in association with your use of this site, the contracting of services through TRE or any performance or interaction with TRE management, performers or employees, you agree to reimburse TRE for all legal fees and administrative costs that are required to force you to remove any of the objectionable or offensive content that you have posted. You agree to indemnify, defend and hold TRE, its agents, employees, bands and performers harmless from and against all claims, losses, liabilities, costs, expenses, obligations, and damages including without limitation litigation costs and reasonable attorneys’ fees sustained, incurred or required to be paid by TRE that relate to or arise out of any contract, engagement or performance that you book. Furthermore, you agree to reimburse TRE for all attorneys fees, administrative fees and court costs that are required to be paid to enforce these terms and conditions. You expressly agree that damages may be impossible to calculate in advance and you agree to allow us to have such content removed immediately by use of a court injunction. You also agree to pay 1000.00 per day in damages to TRE for each day that you are in violation of these terms and conditions.
Non-Disparagement
You agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize the personal or business reputation, practices, or conduct of TRE, its employees, directors, and officers. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including but not limited to, the news media, industry analysts, competitors, websites, social media, blogs, bulletin boards, strategic partners, vendors, employees (past and present), potential clients and clients. You expressly agree that damages may be impossible to calculate in advance and you agree to allow us to have such content removed immediately by use of a court injunction. You also agree to pay 1000.00 per day in damages to TRE for each day that you are in violation of these terms and conditions.