Terms of Use

The services provided to You by Big 3 Entertainment, LLC (“Big 3”) on the WWW.THEMAHAFFEY.COM website are subject to the following terms and conditions (“Terms of Use Policy”):

SERVICES AND INFORMATION PROVIDED

All of the features of this website are subject to this Terms of Use Policy and our Privacy Policy. Any and all of the information provided on this website is intended for the general information of the website visitors, and is not intended to be relied upon by any person or entity as or in lieu of professional advice for any reason whatsoever.

PROTECTION OF PERSONAL INFORMATION

To obtain further information regarding the collection and use of personal information, please see the WWW.THEMAHAFFEY.COM Privacy Policy.

In the event Big 3 issues You an account or password to further access certain areas of the WWW.THEMAHAFFEY.COM website, or to have access to certain features of this website, You are responsible for maintaining the confidentiality of Your password, and You agree to accept any responsibility for all actions that occur under Your account or password, including but not limited to unauthorized use of or access to this website by any third persons.

Our website is not directed to, nor intended for use by, any child age 13 or under. Please see the WWW.THEMAHAFFEY.COM Privacy Policy for further information.

WEBSITE CONTENT

All text, graphics, photographs, artwork, and the like, as well as the trademarks, service marks and logos used therewith (“Content”) and provided by Big 3 on or in connection with this website (“Our Content”), are the intellectual property of Big 3, its affiliates, and/or its licensors, protected by the Copyright and Trademark Laws Copyright and Trademark Laws and other relevant federal, state, and local laws, regulations, rules, and orders of the United States and other jurisdictions. Our Content is provided to You for Your information and individual personal use only, and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of Big 3.

If You post any Content, including but not limited to comments, to our website (“Your Content”), You warrant and represent that Your Content complies with the Copyright and Trademark Laws and other relevant federal, state, and local laws, regulations, rules, and orders of the United States and other jurisdictions. You agree that Big 3 has the right to use any of Your Content, including Your name and likeness (if posted) for any reason whatsoever, in perpetuity, without further notice to You.

You acknowledge and agree that Big 3 has the right, in its sole discretion, to remove any of Your Content from our website and or bar You from any further postings to the website, with or without notice to You if, in its sole opinion, Big 3 believes Your Content is offensive or obscene, may impugn or damage the reputation and goodwill of Big 3 or any of its affiliates or licensors, or is in violation of or prohibited by relevant law.

HYPERLINKS AND FRAMES

The WWW.THEMAHAFFEY.COM website contains or may contain “hyperlinks” to third party websites to enable You to access those websites directly from our website. WWW.THEMAHAFFEY.COM is neither responsible nor liable for the Content of any website other than our own, and Your use of such third party websites is controlled by and subject to the privacy policies and terms of use of such third party websites.

DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY

THIS WEBSITE IS PROVIDED ON AN “AS IS” BASIS, AND BIG 3 DISCLAIMS ANY AND ALL WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

BIG 3 FURTHER DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY TO YOU FOR (I) ERRORS, MISTAKES, OR INACCURACIES OF OUR CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (V) ANY THIRD PARTY CONTENT, INCLUDING “COMMENTS”, POSTED BY TO THIS WEBSITE.

BIG 3, BIG 3 AFFILIATES, AND/OR BIG 3 LICENSORS, SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF (I) THE WWW.THEMAHAFFEY.COM WEBSITE AND/OR (III) ANY PRODUCTS OR SERVICES PROVIDED THROUGH THE WWW.THEMAHAFFEY.COM WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF SUCH ACTUAL OR POTENTIAL DAMAGES. YOUR ONLY REMEDY SHALL BE TO CEASE ANY FURTHER USE OF OUR CONTENT OR WEBSITE.

OUR RIGHTS

Big 3, Big 3 Affiliates and/or Big 3 Licensors reserve the right to take any and all action necessary, and to seek any and all remedies available to us to prevent the unauthorized use of Our Content and/or the WWW.THEMAHAFFEY.COM website, including but not limited to the right to take appropriate legal action, to obtain injunctive relief, and/or monetary damages, and to prevent further use of our website by anyone who infringes our intellectual property rights or otherwise misuses our Content or website in any way.

You agree to indemnify and hold harmless Big 3, Big 3 Affiliates and/or Big 3 Licensors from any and all damages, costs, or expenses, including reasonable attorneys fees and court costs, for any action brought against any of them (i) by a third party as a result of Your access to and/or use of the WWW.THEMAHAFFEY.COM website (or the wrongful access thereto through the use of Your password and/or userID); (ii) by a third party as a result of Your Content or Comments posted on our website; (iii) if Big 3, Big 3 Affiliates and/or Big 3 Licensors is/are the prevailing party in any action brought by Big 3 to enforce this Terms of Use Policy against You, or (iii) if Big 3, Big 3 Affiliates and/or Big 3 Licensors is/are the prevailing party in any action brought by You to enforce this Terms of Use Policy against us.

Big 3 expressly reserves the right to amend or change any or all of the terms and conditions of this Terms of Use Policy by posting any such amendments or changes to our website. Such amendments and changes shall be effective as of the date of posting.

APPLICABLE LAW

You acknowledge and agree that any disputes between You and Big 3 arising out of Your access to and/or use of our Content, the WWW.THEMAHAFFEY.COM website, this Terms of Use Policy, and/or our Privacy Policy, shall be governed solely by the laws of the State of Florida, without regard to its conflicts of laws provisions, and any action taken by either of us against the other shall be brought in a court of appropriate jurisdiction in Hillsborough County or Pinellas County, Florida, and You expressly agree to venue and personal and subject matter jurisdiction in such court.

CONTACTING BIG 3

If You have any questions about this Terms of Use Policy, our Privacy Statement, this website, or if You wish to notify Big 3 pursuant to the Digital Millennium Copyright Act, You can contact us by email, mail, or telephone:

Big 3 Entertainment, LLC
400 First Street South
St. Petersburg, FL 33701
(727) 892-5798
info@mahaffeytheater.com
Mahaffey T400 First St.400 First Street South

Box Office Phone: (727) 892.5767