Terms of Service and Privacy Policy

Electric Moon Theatre Company – Our Terms of Service and Privacy Policy

Our commitment to privacy: Electric Moon Theatre Company Inc. (“Electric Moon”) knows that protecting the privacy and confidentiality of your personal information is important to the users of this website. Collection, use and disclosure of personal information by Electric Moon are governed by these Terms of Service (the “TOS”), which includes our Privacy Policy (currently set out in Section 15 below) and any applicable privacy legislation. The TOS explains what personal information is collected by Electric Moon and how it is used. The TOS also explains how you can ask questions, make suggestions, and address concerns about our privacy practices. This TOS applies to personal information (see definition below) collected by Electric Moon, including its website. Be aware that our website may contain links to other websites provided and maintained exclusively by third parties that are not subject to the TOS. Please review the privacy policies on any external websites to determine their information handling practices.

What is “personal information”? Personal information is any information about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization, as can be found listed on a business or organization web page.

Children: If you are under 18, please obtain your parent or guardian’s permission before you send any personal information to Electric Moon, or anyone else, over the Internet. We strongly encourage parent or guardian participation and understanding of their children’s online usage and to be aware of the activities in which their children are participating.

To make sure that Electric Moon and the content and services we provide to you are of the highest possible quality, we have developed the TOS. We welcome your feedback and ideas on how to improve the TOS. Please contact us with any and all suggestions.

By using the Electric Moon website, you are hereby agreeing to the TOS, as follows:

  1. Acceptance of Terms

Electric Moon provides its services to you, subject to the TOS, which may be updated by us without notice to you. You can review the most current version of the TOS at any time by following the link labeled “Terms of Service and Privacy Policy” at the bottom of the Electric Moon website at www.electricmoontheatre.com. In addition, when using any services, content, materials, presentation or performance that Electric Moon provides (whether provided on this website or through any other manner of distribution or medium), you and Electric Moon will be subject to any applicable guidelines or rules that may be posted at our sole discretion. All such guidelines or rules are hereby incorporated by reference into the TOS.

  1. Description of Service

Electric Moon provides users with access through its website to a variety of information and tools relating to Electric Moon, including its shows, school programming and the Electric Moon team, as well as rehearsal materials, audio and video aides, registration forms and portals for ordering tickets and merchandise, all of which are frequently updated and changed to reflect Electric Moon’s offerings and to improve the user’s experience (collectively, the “Service”). Unless explicitly stated otherwise, any new features that would update or change the current Service, including the release of new Electric Moon sites and features, will be subject to the TOS.

  1. Your obligations as a visitor

In consideration of your use of the Service, you agree to provide true, accurate, current and complete information about yourself as prompted by the Service’s registration forms. If you provide any information that is untrue, inaccurate, not current or incomplete, or Electric Moon has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Electric Moon has the right to remove your information from our database and refuse any and all current or future use of the Service (or any portion thereof).

We collect personal information (for example, name, address, e-mail address and telephone numbers) if you register for our classes or purchase any ticket or product from Electric Moon. This information is used to fulfill your request, to respond to your inquiries and to contact you about future Electric Moon shows and programs, unless you opt not to receive these communications when you provide such information. Please see our Privacy Policy in Section 15 below for further details regarding Electric Moon’s handling of personal information.

  1. Visitor Conduct

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”) posted on Electric Moon’s website or about Electric Moon through other media (such as social media), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Electric Moon, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available via the Service. Electric Moon has limited control of the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Electric Moon be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

  • Upload, post, e-mail, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, pornographic, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm other visitors in any way;
  • Impersonate any person or entity, including, but not limited to, an Electric Moon staff member or forum moderator, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Service;
  • Upload, post, e-mail, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  • Upload, post, e-mail, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  • Upload, post, e-mail, 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;
  • Upload, post, e-mail, 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;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • Intentionally or unintentionally violate any applicable local, provincial, state, territorial, federal or international law;
  • “Stalk” or otherwise harass another user of the Service or other person; or
  • Collect or store personal information about other users.

You acknowledge that Electric Moon may not pre-screen Content, but that Electric Moon and its agents and designees will have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Electric Moon and its agents and designees will have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Electric Moon or submitted to Electric Moon.

You acknowledge and agree that Electric Moon may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with court order, legal process or the inquiry of any court, administrative proceeding, regulatory body or other judicial proceeding; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Electric Moon, our visitors and the public.

  1. 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 Canada, the United States, or the country in which you reside.

  1. Materials submitted or made available for inclusion on the Service

Electric Moon does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant Electric Moon the following worldwide, royalty free and non-exclusive license, as applicable:

With respect to Content (including written materials, photos, graphics, audio or video) you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub-licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed.

  1. Exemption from Penalties

You agree to exempt from penalties and hold Electric Moon, and its affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these terms of service, or your violation of any rights of another.

  1. Other Web Links

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Electric Moon has no control over such sites and resources, you acknowledge and agree that Electric Moon is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Electric Moon will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

  1. General Information

The TOS constitutes the entire agreement between you and Electric Moon, and governs your use of the Service, despite any prior agreements between you and Electric Moon. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The laws of the Province of Ontario and the federal laws of Canada applicable therein will govern the Terms of Service, and the relationship between you and Electric Moon. You and Electric Moon agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Toronto, Ontario. The failure of Electric Moon to exercise or enforce any right or provision of the TOS will not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

  1. Modifications to Service

Electric Moon reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Electric Moon will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

  1. Termination

You agree that Electric Moon, in its sole discretion, may remove your information from our database system or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Electric Moon believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Electric Moon may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of the TOS may be effected without prior notice, and acknowledge and agree that Electric Moon may immediately deactivate or delete your information from our database system and/or bar any further access to the Service. Further, you agree that Electric Moon will not be liable to you or any third-party for any termination of your access to the Service.

  1. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ELECTRIC MOON EXPRESSLY DISCLAIMS ALL CONDITIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

ELECTRIC MOON MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ELECTRIC MOON OR THROUGH OR FROM THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

  1. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ELECTRIC MOON WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ELECTRIC MOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) 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 THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

  1. Violations

Please report any violations of the TOS to Electric Moon.

  1. Privacy Policy

Your privacy is very important to us and we have put together this Privacy Policy that we require you to review and that is being incorporated by reference. You hereby agree with the terms of our Privacy Policy set out below, which may be modified or revised as set out therein.

Electric Moon’s Privacy Policy

Introduction

This Privacy Policy (the “Policy”) sets out the personal information practices for Electric Moon, including when you use www.electricmoontheatre.com (the “Site”). These practices seek to balance an individual’s right to the privacy of his or her personal information and the need for Electric Moon to collect, use, disclose, retain and otherwise manage the personal information provided through the use of the Site and personal information submitted to Electric Moon for various services offered by us. We may update this Policy from time to time. If we make changes to this Privacy Policy we will publish an updated version of the Policy on the Site. You are responsible for reviewing the most current version of the Policy. This Policy was last amended on the date shown at the end of the Policy. By continuing to use the Site, you accept any updates to this Policy.

What is Personal Information

Personal information is any information about an identifiable individual. Personal information does not include the name, title, business address or telephone number of an employee of an organization, as may be found listed on a business or organization web page, but it includes other information that can be used to identify you as an individual, including your age, personal telephone number, address, credit card details, email address, and any other personally identifiable information that you choose to provide to Electric Moon.

Your Consent

If you use the Site, register (on behalf of yourself or others) to participate in an Electric Moon program or show, buy products or services from Electric Moon, or apply for or request information about products or services offered by Electric Moon, you consent to the collection, use, disclosure and management of your personal information in accordance with this Policy.

How Does Electric Moon Collect My Personal Information?

Electric Moon collects personal information from you by asking you to provide personal information such as your name, address and email address (and information about any child you are registering) when you register as a visitor on the Site or apply to receive e-updates or other Electric Moon products or services, such as registering for our classes or purchasing any ticket or product from Electric Moon. We do not collect credit card details when you make a purchase through the Site. Such information is collected by a third-party website that processes these payments. Electric Moon strongly encourages you to review the terms and conditions, including the privacy polices, governing such websites.

Certain other personal information may be collected on the Site without you actively providing the information by using various technologies, as described below:

Server Logs

While you use the Site, certain information is collected without you actively providing it, including information about your IP address and type of operating system, the time you spent on the Site and which pages you visited. This helps us improve our Site. This data is not used to identify individuals. We track IP addresses for: (i) troubleshooting issues; (ii) voting events, confirm people are not voting for an individual more than once; and (iii) for all people who are filling out online forms, for the purpose of spam filtering.

Demographic and Interest reporting

We may use Google Analytics features based on Display Advertising (Google Analytics Demographics and Interest Reporting) that allows for the collection of non-personally identifiable aggregated user data; this includes aggregated gender, age, and interest behaviour data. We will use the data provided by Google Analytics Demographics and Interest Reporting to develop the site and content around our users’ interests. You can opt-out of Google Analytics for Display Advertising and customize Google Display Network ads using the Ads Settings. In addition, you can use the Google Analytics Opt-Out Browser Add-on to disable tracking by Google Analytics.

Cookies

Cookies are small pieces of data that are stored on your computer, mobile phone or other device.  Electric Moon may use cookies to provide, monitor and analyze how services are used. Among other things, we use cookies to make the Site easier to use, enable features and store information about you and your use of the Site as well as to deliver, understand and improve advertising. Cookies can always be disabled by the browser you are using, but some functions of the Site may not work if cookies are not enabled. Refer to your browser or device’s help material to learn what controls you can often use to remove or block cookies or block or remove other data stored on your computer or device (such as by using the various settings in your browser). If you do this, it may affect your ability to use the Site or other websites and applications.

Use and Disclosure of Personal Information

We use the Personal Information we collect about you to provide services and features of the Site to you and other users. This includes using information to:

  • deliver quality services and features that you use on the Site;
  • keep our services secure and safe;
  • provide you with location services;
  • protect Electric Moon’s or others’ rights or property;
  • conduct internal operations (data analysis, troubleshooting, testing and service improvements);
  • measure or understand the effectiveness of content;
  • offer opportunities that we think will be of interest to you, like causes to support, events to attend, and opportunities and products of our sponsors;
  • facilitate and process requests, orders and inquiries you choose to make through the Site;
  • make suggestions for you and other users of the Site; and
  • comply with any legal obligations.

Personal information collected by Electric Moon will only be used or disclosed for purposes described in this Policy or for other purposes that we have informed you of at the time of collecting that information. Before your personal information will be used or disclosed for a new purpose, we will ask you for your consent, unless use or disclosure without your consent in the circumstances is otherwise permitted or required by law, regulation or court order.

We may use or disclose your personal information to enforce or apply the TOS of the Site, to the extent that your personal information is required in order to determine whether the TOS have been violated.

We use and disclose your personal information to fulfill your requests for certain products or services or information about them, process donations, contact you in response to requests for information and to respond to voluntary comments. We may also use personal information to customize the Site to your preferences, to improve the content of our Site, and to research Site usage patterns.

As discussed in this Privacy Policy, we may share information we receive with our affiliates, which are businesses that are legally part of the same group of companies that Electric Moon is part of, or that become part of that group.  Likewise, our affiliates may share information with us as well. This sharing is done in compliance with applicable laws including where such applicable laws require consent. We and our affiliates may use shared information to help provide, understand, and improve our services and their own services.

We give your information to the people and companies that help us provide, understand and improve the services we offer. For example, we may use outside vendors to help host our website, serve photos and videos, process payments, analyze data, conduct and publish research, measure the effectiveness of ads, or provide search results. In all of these cases our partners must agree to only use your information consistent with the agreement we enter into with them, as well as this Privacy Policy and the TOS.

We will not sell or rent your personal information to anyone.

Please be assured that your Personal Information, trust and privacy are very important to us. Unless required by law to do so, we will never disclose your personal information to others unless we have (1) obtained your consent to do so, (2) notified you via this Privacy Policy that we will do so, or (3) removed your name and any personal identifiers from the information before disclosure.

We may also disclose your information to:

  • our affiliates;
  • parties with whom we have contracted to provide services to us, or to you, including to process data, which may include parties who are located in countries or jurisdictions other than the one in which you reside. When this occurs, your information becomes subject to the laws of those jurisdictions;
  • parties to whom we have agreed to provide anonymized and/or aggregated data, though we will remove personal identifiers before we do so; and
  • parties in the context of a sale or potential sale of our business or reorganization, provided that they agreed to be bound by this Privacy Policy with respect to your personal information.

We may access, preserve and share your information in response to a legal request (such as a search warrant, court order or subpoena) where we believe we are required to do so. We may also access, preserve and share information when we have a commercially reasonable belief it is necessary to: (1) detect, prevent and address fraud and other illegal activity, (2) to protect ourselves, you and others, including as part of investigations, and (3) to prevent death or imminent bodily harm. Information we receive about you may be accessed, processed and retained for an extended period of time when it is the subject of a legal request or obligation, governmental investigation, or investigations concerning possible violations of our terms or policies, or otherwise to prevent harm. We also may retain information from accounts disabled for violations of our terms for at least a year to prevent repeat abuse or other violations of the TOS.

Storage of information

Electric Moon stores and transmits your digital information using modern security standards such as SSL Encryption. Your information is stored and protected with up to date username and passwords which are mandated to be secure, and use two-factor authentication where possible. Your data may transfer and be stored on a number of servers and storage locations including but not limited to the USA, Canada and UK. The transmission of this data is always secure and encrypted. These servers and cloud-providers are independently operated and secured. Any breaches or data loss as a result of a failure of these providers are not the responsibility of Electric Moon and its affiliates.

Refusal or Withdrawal of Consent

If you provide us with your email address and do not opt-out in your visitor profile, you may occasionally receive emails from Electric Moon. We may use your email address submitted through the Site for the following purposes: (i) when you are registering for a program, we may sometimes confirm your email address is accurate; (ii) we will send a confirmation or thank you email when you sign up, or register for a show or program or if you subscribe to our newsletter or weekly column; and (iii) we will contact you about upcoming programs, shows and other Electric Moon products and services, unless you opt out of these communications. We hope you will find these emails interesting and informative. In addition, communications sent to you will also contain a message on how to opt-out of that type of communication in the future.

You may refuse to provide personal information to Electric Moon and may, subject to legal or contractual restrictions and reasonable notice, withdraw consent at any time to our continued use and disclosure of personal information previously collected. Please note that refusing or withdrawing your consent in respect of our handling of certain personal information may result in us being unable to provide you with certain Electric Moon products and services. You can withdraw your consent at any time by writing to the address at the end of this Policy.

Security

When you provide personal information through the Site, we protect your personal information by encrypting the personal information that is transmitted between you and the Site.

We will employ security measures to protect personal information in our care appropriate to the level of sensitivity of the information. We will retain your personal information only for the time it is required for the purposes for which it was collected or as required by law.

Accessing Your Personal Information

You can ask to view personal information about you held by Electric Moon by writing to the person whose contact information is provided at the end of this Policy. You can request that corrections be made where you can show that the personal information about you that we possess is incorrect or incomplete. Please note that under certain circumstances, you may not be permitted to view your records, such as where the disclosure of your records would cause security, legal or confidentiality concerns, and including where Electric Moon is prohibited by law to disclose that to you.

Links to Other Websites

The Site may contain links to other websites. While we try to link only to websites that share our standards and respect for privacy, we are not responsible for the content or privacy practices of other websites. We strongly encourage all visitors to the Site to review the privacy statements and policies of all external websites.

Currently we utilize a third-party service that allows you to purchase tickets to shows. This service automatically adds your name, email, address and phone number – but not your payment information – to the Electric Moon mailing list, which you can opt out of at any time.

For more information about Electric Moon’s privacy practices, please contact Electric Moon’s Artistic Director, Carrie Libling, by email at carrie@electricmoontheatre.com or in writing to Electric Moon, 298 John Street, PO Box 87586, Thornhill, Ontario, L3T 5W0, Canada, with any questions or complaints you have about this Policy or about Electric Moon’s handling of your personal information.

 

Effective: October 2017