Terms of Use

These Terms of Use apply to the Kauffman Center for the Performing Arts and its subsidiaries or affiliates’ (collectively “Kauffman Center”) website located at kauffmancenter.org and the contents, other applications and websites linked to it (collectively the “Site”), regardless of how you use or access them. If you do not agree to these Terms of Use or our Privacy Policy, please do not use the Site.

The contents of the Site (“Contents”) are copyrighted by the Kauffman Center and protected by trademark, patent, and other applicable laws.

Limited Use of Contents

You may download, use, and copy the Contents for your personal, noncommercial use only, provided that all copies that you make of the Contents must bear any copyright, trademark or other proprietary notice that pertains to the material being copied.

Except as set forth in this paragraph, you have no license or other rights to the Site or Contents or the products, services, processes, or technology they contain or describe, nor under any copyright, trademark, patent or other intellectual property right. All such rights are retained by the Kauffman Center and/or any third-party owner of such rights.

Unless expressly authorized by Kauffman Center or otherwise permitted by law, you may not copy, publish, display, distribute, alter or make derivative works of any Contents.

You may not remove, alter, or obscure any proprietary notices on any Contents. Events, products or services mentioned in the Contents may not be generally available in your geographical country or region. Product descriptions are subject to change at Kauffman Center’s discretion.

You may not create framed links to the Site without express written permission from the Kauffman Center.

Names, Logos and Marks

The Kauffman Center’s names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of the You are not authorized to use any of the Kauffman Center’s names or marks in any advertising, publicity or in any other commercial manner without the prior written consent of the Kauffman Center. Requests for authorization should be made to the Kauffman Center’s Director of Marketing.

All product and service marks in the Contents that are not the Kauffman Center marks are the trademarks of their respective owners. References that we make to any names, marks, products or services of third parties or hypertext links to third-party sites or information do not necessarily constitute or imply our endorsement, sponsorship, or recommendation of the third party, information, product, or service.

User Conduct

You shall not use the Site or Contents without, or in violation of, a written license or agreement with Kauffman Center; copy, modify, host, stream, sublicense, or resell the Site or Contents; access or attempt to access the Site or Contents by any means other than those we provide or authorize; circumvent any access or use restrictions put into place to prevent certain uses of the Site or Contents; engage in behavior on the Site that violates anyone’s Intellectual Property Rights; share any content that on the Site or Kauffman Center social media that is unlawful, harmful, threatening, obscene, violent, abusive, tortious, defamatory, libelous, vulgar, lewd, profane, invasive of another’s privacy, hateful, or otherwise objectionable; share any content that sexualizes minors or that is intended to facilitate inappropriate interactions with minors, other Site visitors, or the public; impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; attempt to disable, impair, or destroy the Site or Contents; upload, transmit, store, or make available any content or code that contains any viruses, malicious code, malware, or any components designed to harm or limit the functionality of the Site or Contents; disrupt, interfere with, or inhibit any other user from using the Site (such as stalking, intimidation, harassment, or incitement or promotion of violence or self-harm); place an advertisement of any products or services on the Site except with our prior written approval; use any data mining or similar data gathering and extraction methods in connection with Site, including data scraping for machine learning or other purposes; reverse-engineer or make other inappropriate use of the Site; or violate applicable law.

Non-Reliance

The Site and Contents are intended for educational and informational purposes only. You should not rely upon the Site or Contents as legal, financial, professional, or other advice.

We are not responsible for any third-party content or linked Sites provided on the Site. The provision of any link does not imply Kauffman Center’s endorsement of the linked content or website and is provided only as a convenience.

We are not responsible and shall not be liable for the listings or advertisements contained in its Web sites, and those listings or advertisements may include technical inaccuracies or typographical errors notwithstanding our efforts to eliminate them.

We may make improvements and/or changes in the products, services, and/or programs described on the Site or in the Contents at any time without notice.

Disclaimer of Warranty

Use of the Site and of Any Materials Are at Your Own Risk. All Materials Are Provided “as is”, With No Warranties or Guarantees Whatsoever. Kauffman Center Expressly Disclaims to the Fullest Extent Permitted by Law All Express, Implied, Statutory, and Other Warranties, Guarantees, or Representations, Including, Without Limitation, the Warranties of Merchantability, Fitness for a Particular Purpose, and Non-infringement of Proprietary and Intellectual Property Rights. Without Limitation, Kauffman Center Makes No Warranty or Guarantee That the Site or Any Materials Will Be Uninterrupted, Timely, Secure, or Error-free. These Exclusions of Warranties Will Apply to You to the Fullest Extent Allowed by Law.

Limitation of Liability

In No Event Will Kauffman Center Be Liable to Any Party for Any Direct, Indirect, Incidental, Special, Punitive or Consequential Damages of Any Type Whatsoever Related to or Arising From the Site or Use of the Materials, or of Any Site or Resource Linked to, Referenced, or Accessed Through the Site. This Exclusion and Waiver of Liability Includes, Without Limitation, Any Lost Profits, Business Interruption, Lost Savings, or Loss of Data, Even if Kauffman Center is Expressly Advised of the Possibility of Such Damages. This Exclusion and Waiver of Liability Applies to All Causes of Action, No Matter the Legal Theories, and Will Apply to the Fullest Extent Permissible by Law.

Submissions

You are entirely responsible for anything that you upload, post, display, or otherwise transmit to or via the Site or otherwise to us, including, but not limited to, software code, articles, feedback, or suggestions (“Submission”). You agree that you own all rights in and to any Submission, or that you have obtained the necessary rights and/or permissions to make the Submission. Each Submission must comply with the User Conduct guidelines in these Terms and any other applicable acceptable use policy.

You give Kauffman Center a perpetual, irrevocable, transferable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display, and distribute any Submission. Kauffman Center is under no obligation to post or use any Submission, and Kauffman Center may remove any Submission at any time in its sole discretion.

Digital Millennium Copyright Act

If you are a copyright owner or its agent and believe that any part of the Site or Contents infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send notifications of claimed infringement by emailing us in care of our Copyright Agent at contact@kauffmancenter.org (Attention: Copyright). You acknowledge that if you fail to comply with all of the requirements of this section your DMCA notice may not be valid.

Additional Rights

In the event of any conflict between other specifically agreed terms and these Terms, those other Terms shall prevail. Kauffman Center reserves all rights not expressly granted under these Terms, including intellectual property rights. No other rights are granted under these Terms by implication or estoppel or otherwise.

Kauffman Center’s failure to enforce any legal right or remedy contained in these Terms or applicable law shall not be deemed a formal waiver of those rights or remedies and those rights or remedies will still be available to Kauffman Center.

Legal

Except where otherwise required by law, any legal matter arising from these Terms shall be governed by the laws of the State of Missouri without regard to its conflict of laws provisions and you agree to submit to the jurisdiction of the courts of Missouri.

You acknowledge that Kauffman Center may apply for injunctive remedies in any jurisdiction. If a court of competent jurisdiction deems any provision of these Terms invalid, the remaining provisions of these Terms will be unaffected. If you access our Site from other locations, you are responsible for compliance with those local laws. There are no-third party beneficiary rights under these Terms.

Questions

If you have any questions or comments about these Terms, please please contact us by e-mail at contact@kauffmancenter.org (please put “Terms of Use” in the subject matter line) or by postal mail at Kauffman Center for the Performing Arts, 1601 Broadway Blvd., Kansas City, MO 64108, Attn: Terms of Use.

Last Updated: July 11, 2023