Privacy & Terms

Electronic Theatre Controls, Inc.

Privacy Policy

Last Updated: January 20, 2017

This Privacy Policy describes the information collected through this website (“Site”) and how that information is used and shared. Electronic Theatre Controls, Inc. (“ETC,” “we,” “us,” or “our”) and its suppliers may collect or receive the types of information described below in connection with your access to and use of the Site, including your account registration on the Site and any information you may post to the Site (together, “Collected Information”).

Please read this Privacy Policy and the Terms of Use carefully to understand our policies and practices regarding Collected Information and how we use and share it. By accessing, using or submitting information via the Site, you agree on behalf of yourself and any company that you represent (together, “you”) to this Privacy Policy and our Terms of Use and you consent to the collection, use, and sharing of information as discussed below. If you do not agree with this Privacy Policy, please do not access or use the Site.

This Privacy Policy is incorporated into and made a part of our Terms of Use.

We may amend or otherwise modify this Privacy Policy at any time. All modifications will take effect immediately upon posting of the updated Privacy Policy on the Site. By accessing or using the Site after modifications are posted, you agree to those modifications. Material changes will be conspicuously posted on the Site. You are encouraged to revisit this Privacy Policy from time to time in order to review any changes that have been made. The date on which this Privacy Policy was last updated will be noted above.

General

ETC respects the privacy of all visitors to the Site. Whether or not to provide us with your personally identifiable information is your decision.

This Privacy Policy does not apply to information that we may collect through any medium other than the Site (e.g., collected offline) or to information collected by any person or entity other than us (such as a third-party website or a third-party application).

Information Security

Although we use reasonable security measures to help protect against the loss, misuse, and alteration of information under our control, we do not ensure or guarantee that loss, misuse, or alteration of your personally identifiable information or other Collected Information will not occur. The storage and communication of information can never be completely secure, so we do not guarantee that communications or other information that you submit or that are otherwise provided to us will be completely secure. If you become aware of any breach of Site security, this Privacy Policy, or the Terms of Use, please notify us at legal@etcconnect.com immediately. If our security system is breached, we will notify you of the breach if and to the extent required under applicable law.

Information About ETC’s Participation in the Privacy Shield

ETC complies with the EU-US Privacy Shield Framework as set forth by the US Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries. ETC has certified that it adheres to the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement and Liability. If there is any conflict between the policies in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield Program, and to view our certification page, please visit https://www.privacyshield.gov/

In compliance with the EU-US Privacy Shield Principles, ETC commits to resolve complaints about your privacy and our collection or use of your personal information. European Union individuals with inquiries or complaints regarding this privacy policy should first contact ETC at:

ETC – General Counsel
3031 Pleasant View Road
Middleton, WI 53562
USA
Email: privacy@etcconnect.com

ETC has further committed to refer unresolved privacy complaints under the EU-US Privacy Shield Principles to the BBB EU PRIVACY SHIELD, a non-profit alternative dispute resolution provider located in the United States and operated by the Council of Better Business Bureaus. If you do not receive timely acknowledgement of your complaint, or if your complaint is not satisfactorily addressed, please visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information and to file a complaint.

Please note that if your complaint is not resolved through these channels, under limited circumstances, a binding arbitration option may be available before a Privacy Shield Panel.

ETC is subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC).

Information We Collect

Personally Identifiable Information

In this Privacy Policy, “personally identifiable information” means information that identifies a particular individual, including but not limited to an individual’s name, postal address, e-mail address, and phone number. You can visit the Site without sharing personally identifiable information, but you will be required to provide personally identifiable information in order to use certain Site features, such as:

  • When you fill out forms or fields on this Site (for example, when subscribing to the ETC blog);
  • When you communicate with us or request information about us, this Site and our products or services, whether via email or other electronic means;
  • When you sign up for ETC website membership;
  • When you participate in any of our marketing initiatives, including, contests, events, or promotions;
  • When you participate in online surveys; and
  • When you submit User Generated Content.

We will collect any personally identifiable information from or about you that you choose to submit to us, which may include your name, email address, physical address, telephone number, and payment information.

MyETC: ETC website membership is an added feature of this Site and is not required to access this Site. You can browse the public sections of this Site without providing ETC with any information. However, membership allows you to customize your experience on the Site and access information for your type of membership.

Surveys: From time to time, ETC administers online surveys to solicit your opinion on our website content, structure and user experience. We use the information you provide in these surveys to improve our website. Within the survey itself, we will let you know exactly how we will use the information we collect.

Telephone Numbers: If you provide your wireless or other telephone number to us, you consent to receiving telephone calls (both in-person and automated) and text (SMS) messages from us at that telephone number as set forth below.

Financial Information: [Purchases of products or services] must be made by credit or debit card. All credit and debit card information is provided directly to our PCI-compliant third-party payment processor. ETC does not directly access or handle any financial information collected via this Site. If you make a debit or credit card payment online, you will be taken to a website operated by a secure payment service provider who will take your payment. To make a purchase, you will need to submit your credit or debit card number, expiration date, security code, and billing address. Payment by credit or debit card is subject to the approval of the card issuer. We will not be liable in any way if a card issuer refuses to accept a credit or debit card for any reason. You should not communicate credit card or other payment information via email, as it is not secure.

Demographic Information

We may collect demographic information about you, including but not limited to gender, and IP address, as well as information regarding your preferences and usage. This type of information is not, by itself, personally identifiable information. However, if we link or associate such information with personally identifiable information in a manner that identifies a particular individual, then we will treat all such information as personally identifiable information for purposes of this Privacy Policy.

IP Addresses and Related Data; Cookies; Web Beacons; Location Information

We may collect information about you through a variety of technical methods, including the following:

  • Collection of Usage Details and IP Address. As you navigate through this Site, we may collect details of your visits to this Site, including, but not limited to, traffic data, the length of time you spend on the Site, clickstream data, location data, logs, the resources that you access, and information about your computer and Internet connection, including your Internet protocol (IP) address, operating system and browser type. We may use this information for administration of the Site and its servicers, to generate statistical information, to monitor and prevent fraud, to investigate complaints and violations of our policies, to improve the Site and the products and services described or made available through the Site, and to report aggregate information to our advertisers and business partners.
  • Collection with Cookies. “Cookies” are pieces of information that a website directs an Internet browser to send to your computer while you are viewing a website. The Site may automatically use cookies to track and store preferential information about your use of the Site. We use cookies to track how you access and use the Site, to learn when and how users visit the Site, to learn how popular Site pages are and aren’t, to learn which search terms are used to find the Site, and to learn which websites direct you to the Site. We also use cookies to help display certain information on the Site and to improve your enjoyment of the Site, for example, by remembering your contact and other information when you access or use the Site. The Site may use both cookies that we implement and cookies implemented by our suppliers and other third parties. Please note that your Internet browser may allow you to stop cookies from being stored on your computer and to delete cookies already stored on your computer. If you choose to do so, however, your use of certain aspects of this Site may be restricted or otherwise impacted. Our Site suppliers may use cookies and other tracking technologies to track Site visitors across the Internet to understand how you get to the Site. Due to this automatic collection of cookies, we do not honor “do not track” requests.
  • Collection with Web Beacons. “Web beacons” are electronic images, tags or scripts that allow a website to access cookies and help track general usage patterns of visitors to a website. Web beacons can recognize certain types of information, such as cookies, time and date of a page view and a description of the page where the Web beacon is placed. We may use Web beacons to compile information regarding use of this Site.
  • Collection of Physical Location with Mobile Device GPS. If you are using a mobile device application or Internet browser to access or use the Site, we may with your consent use the GPS functionality of the mobile device to identify your location. Any such identification is used only in connection with the functionality of the Site and will not be otherwise used, except in the aggregate with the anonymized location information of other users. You may choose to allow us to access your location by granting the Site access to your location when prompted or through your mobile device’s location services settings.

The information collected through these technical methods, standing alone, cannot be used to determine your identity. Such information may, however, be combined in a way that makes it become personally identifiable information. If this happens, we will treat the combined information as personally identifiable information.

Mailing List Information

If you sign up or otherwise opt in to receive promotions from us, you will need to submit your name and email address. We will use this information to provide you with promotional and other communications. You may opt out of receiving promotional emails from us at any time by following the unsubscribe instructions contained in the applicable email.

User Generated Content

You are responsible for any content, including personal information, that you create, post, or otherwise submit to be published or displayed (“posted”) on this Site, or that you transmit to other users of this Site (collectively, “User Generated Content”). Your User Generated Content is posted on and transmitted to other users of this Site at your own risk. We cannot control the actions of other users of this Site with whom you may choose to share your User Generated Content. We can also not responsible for circumvention of any privacy settings or security measures contained on this Site that result from User Generated Content or its submission. As a result, we cannot and do not guarantee that User Generated Content you submit will not be viewed by unauthorized persons. You understand and acknowledge that, even after removal, copies of User Generated Content may remain viewable in cached and archived pages, or might have been copied or stored by other Site users. For information on submitting User Generated Content, please review our Terms of Use and Acceptable Use Policy. ETC may use and disclose User Generated Content, excluding components that consist of personally identifiable information, in any manner and with any person.

Embedded Content

The Site incorporates content, including feeds scripts embedded in the Site’s code as well as visible content (for example, videos) provided by third parties. In some cases, those third parties collect data about how you interact with their content.

How We Use and Share Collected Information

In addition to the uses described above, ETC and its suppliers may use and share Collected Information as described below. We will not sell, rent, or share Collected Information except as disclosed in this Privacy Policy or as permitted by applicable law. We may use Collected Information, including any personally identifiable information, to:

  • Confirm and complete transactions and provide information requested by you;
  • Provide customer support (including responding to your requests), troubleshoot and resolve problems and disputes concerning the Site;
  • Contact you to verify the information you provide to us;
  • Understand and anticipate your needs and preferences concerning the Site;
  • Ensure this Site is of interest to you (including customization of advertising and content) and help us better understand your use of this Site;
  • Protect the security and integrity of this Site;
  • Conduct internal reviews of this Site and administer this Site’s systems and the servers that host the Site;
  • Evaluate and improve the Site;
  • Comply with, monitor compliance with and enforce this Privacy Policy, our Terms of Use, our Acceptable Use Policy, and any other applicable agreements and policies;
  • Develop, enhance, and market our products and services or the products and services of third parties;
  • Provide you with promotional materials, offers, and personalized information;
  • Manage our business and operations;
  • Meet legal and regulatory requirements;
  • Provide administrative communications to you; and
  • Use User Generated Content as permitted by our Terms of Use.
  • Share Collected Information with our suppliers as necessary for us to provide the Site and our products and services to you and as may otherwise be permitted by applicable law. Our suppliers are authorized to and may use Collected Information as necessary for them to provide the applicable services to us

Disclosure of Personally Identifiable Information

We may disclose personally identifiable information:

  • To our third party vendors so that they may provide support for our internal and business operations, including for the handling of data processing, data storage, surveys, research, internal marketing, delivery of promotional and transaction materials, and this Site’s maintenance and security;
  • To third parties when you (i) engage in any activities on this Site that are sponsored by them, such as purchasing products or services offered by a third party, electing to receive information or communications from a third party, or electing to participate in contests, sweepstakes, games or other programs sponsored in whole or in part by a third party, and/or (ii) respond to promotional materials from us and you authorize a third party to use your personally identifiable information to, for example, send you additional promotional materials, provide you a product or service, or enter you into a sweepstakes. When we disclose your personally identifiable information to these third parties, your personally identifiable information will become permanently subject to the information use and sharing practices of the third party, and the third party will not be restricted by this Privacy Policy with respect to its use and further sharing of your personally identifiable information;
  • As required by law or ordered by a court, regulatory, or administrative agency;
  • As we deem necessary, in our sole discretion, if we believe that you are violating any applicable law, rule or regulation, or are otherwise interfering with another’s rights or property, including, without limitation, our rights or property;
  • If requested by authorities in the event of any act of terrorism or instance of local, regional or national emergency;
  • To monitor compliance with and enforce our Terms of Use, this Privacy Policy, and any other applicable agreements and policies;
  • To enforce or protect our rights;
  • In connection with a Business Transfer, as defined below (see Business Transfers below); and
  • To our affiliated companies (i.e., companies under common control or management with us).

Aggregation and De-Personalization

We may take your personally identifiable information, make it non-personally identifiable, and by combine it with other Collected Information about other individuals (aggregating your information with information about other individuals). Such aggregated information describes users as a group but does not reveal the identity of individual users. We may use and disclose to third parties such aggregate or de-personalized information in any manner and without notice or compensation to you.

Business Transfers

We specifically and expressly reserve the right to disclose, lease, sell, assign and transfer Collected Information (including your personally identifiable information) to the successor or acquiring entity in the event of or in connection with a Business Transfer. A “Business Transfer” means a sale, acquisition, merger, consolidation, reorganization, bankruptcy or other corporate change of control involving ETC, even if the Business Transfer is only being contemplated and regardless of whether the Business Transfer relates to a part or a whole of our business. That successor or acquiring entity will be bound by this Privacy Policy as it applies to that information. Nothing in this Privacy Policy is intended to interfere with our ability to transfer all or part of our business, equity, and/or assets (including this Site) to an affiliate or independent third party at any time, for any purpose, without any limitation, without notice, any without any compensation to you, whatsoever.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. Below are some mechanisms that provide you with control over certain information:

  • Cookies. If you do not wish us to collect cookies, you may set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of this Site may then be inaccessible or may not function properly.
  • Offers from Us. If you do not wish to receive promotional materials, marketing materials email offers or newsletters from us, you can opt-out of receiving such information from us (other than emails related to the completion of your registration, correction of user data, change of password and other similar communications essential to your transactions on this Site) by using the unsubscribe process at the bottom of the email, by checking the relevant box located on the form on which we collected your data, adjusting your user preferences in your account profile, if applicable, or by sending us an email stating your request to webmaster@etcconnect.com.
  • Accessing, Correcting and/or Deleting Personal Information. If this Site allows you to create an account with us, then you can review and update your personal information by logging into this Site, visiting your account profile page and making changes, including submitting a request to delete your account information by sending us an email stating your request to webmaster@etcconnect.com.
  • Online Behavioral Advertising. Certain third-party advertising networks that deliver behavioral advertising are members of the Network Advertising Initiative (“NAI”). You can prevent NAI member companies from collecting preference data about you by visiting http://www.networkadvertising.org/choices/ and following the NAI’s directions. Note that if you opt out through the NAI, you will still receive advertising. In addition, if you opt out through the NAI and later delete your cookies, use a different browser or buy a new computer, you will need to renew your opt-out choice.

Network Advertising

From time to time, we may participate in or use advertising networks, managed and provided by a third party advertising servers, advertising agencies, technology vendors and research firms. We may use these third-party advertising networks for marketing, advertising and promotional purposes, as well as to serve advertisements to you. Advertising networks often gather data about consumers who view advertisements to make inferences about a consumer’s interests and preferences, which enables their computers to deliver advertisements directly targeted to the consumer’s specific interests. This practice is often referred to as “online behavioral advertising.” For example, a third-party advertising network might collect the type of Internet browser you use, the type of computer operating system you use, the domain name of a website you visit, whether or not you visit specific pages of this Site and other websites, the location of your Internet service provider’s presence, the date and time of a visit to a website and other interactions between you and website. Please see the “Online Behavioral Advertising” subsection of Choices About How We Use and Collect Your Information below to read about how you can prevent certain third-party advertising networks from collecting information about you.

Information You Disclose to Third Parties

You may be presented with an opportunity to receive information and/or marketing offers from third parties as a result of your access to or use of this Site. This Privacy Policy does not apply to any such information. All information you disclose to such third parties will be subject to the privacy policies and practices of such third parties, as applicable. We are not responsible for the privacy policies or practices of any third parties and, therefore, you should review the privacy policies and practices of each such third party prior to disclosing information to them.

Access by Children

The Site is not directed at children under 13 years of age. You must be at least 13 years of age to register with or use this Site. We do not knowingly collect or use information from children under 13 through the Site. If you are under 13 years of age, do not send any information about yourself to us or otherwise enter any information about yourself on this Site, including your name, address, telephone number or e-mail address. If you believe that we might have any information from or about a child under 13 years of age, please contact us at webmaster@etcconnect.com.

Site Access From Outside the United States

This Site is operated in the United States. If you are located in the European Union, Canada or elsewhere outside of the United States please be aware that Collected Information may be transferred to, stored in, and processed in the United States. The data protection and related laws and regulations of the United States might not be as comprehensive as those in the country from which you are accessing the Site.

Contact Us; How to Access Your Information

If you have questions or concerns about our privacy practices or this Privacy Policy or wish to make a request regarding your personally identifiable information, please contact us at any of the following:

Via telephone: (608) 831-4116
Via fax: (608) 836-1736
Via mail: Attn: Webmaster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America

Via email: webmaster@etcconnect.com

SPECIAL NOTIFICATION FOR CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS

Individuals who are residents of California and have provided their personally identifiable information to us may request information regarding our disclosures, if any, of their personally identifiable information to third parties for direct marketing purposes. Such requests must be submitted to us at webmaster@etcconnect.com or in writing at:

Attn: Webmaster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Fax Number: (608) 836-1736

California privacy rights requests must include the reference “Request for California Privacy Information” on the subject line and in the body of the message and must include the e-mail address or mailing address, as applicable, for us to send our response. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted other than to the address specified in this paragraph.


Terms of Use

Last Updated: January 20, 2017

These Terms of Use (“Terms”) govern your access to and use of this website (“Site”), made available to you by Electronic Theatre Controls, Inc. (“ETC,” “we,” “us,” or “our”).

By accessing or using the Site, you agree on behalf of yourself and any company that you represent (together, “you”) that you have read and understand these Terms and our Privacy Policy.

If you do not agree with these Terms or our Privacy Policy, please do not access or use the Site.

We reserve the right to modify these Terms at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes. Material changes will be conspicuously posted on the Site.

1.Privacy Policy. We may collect certain information from your use of the Site as set forth in our Privacy Policy, which is incorporated into these Terms by this reference. Your use of the Site constitutes your consent to the information collection, use, and sharing as set forth in our Privacy Policy.

2. Intellectual Property Rights. The Site, including its text, audio, video, graphics, charts, photographs, interfaces, icons, other content, software, computer code, data, trademarks, logos, slogans, names of products and services, documentation, other components, and the design, selection, and arrangement of content is exclusively the property of ETC or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, or any other intellectual property belonging to ETC or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Site may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners.

3. Use of the Site; Compliance with Laws. You may download and print one copy of the Site’s visible content for your internal use, provided you do not modify or delete any copyright, trademark, or other proprietary notices. You may not otherwise copy, reproduce, display, duplicate, sell, publish, post, license, distribute, or create derivative works of the Site or any part of the Site without the prior written consent of ETC. You may not use the Site for unlawful purposes. You may not access, use, or copy any portion of the Site or its content through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms. You may not use the Site to post or transmit any material that contains any viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other computer programming routines that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information. User activities that aim to render the Site or associated services inoperable or to make their use more difficult are strictly prohibited. You may not submit inaccurate information via the Site, commit fraud or falsify information in connection with your use of the Site, or act maliciously against the business interests or reputation of ETC. You are responsible for complying with all local, state, and federal laws and regulations that apply to your use of the Site.

4. Product Availability. The prices and availability of products made available on the Site may change at any time without notice to you. Prices remain valid while they are listed and offered on the Site. Prices will be as posted on the Site as of the date and time of your order, as applicable. Availability of products may be limited. Some products may not be available in certain areas. All orders placed through the Site are subject to the applicable terms and policies of our third-party payment processor.

5. Your Account. You will be required to set up an online account in order to purchase products from the Site. You will be required to submit certain information in order to set up your account and will be required to establish a username and password. You are responsible for maintaining the confidentiality of any information you use in connection with the Site, including your username and any password. In connection with your access and use of the Site and that of any person authorized by you to access and use the Site, you are responsible for complying with all applicable laws, regulations, and policies of all relevant jurisdictions, including all applicable local rules regarding online conduct. You warrant that all information you provide to us in connection with your access to and use of the Site is true, accurate, and complete to the best of your knowledge and belief. ETC reserves the right, in its sole discretion, to terminate your use of the Site for any reason without notice or liability, including the unauthorized use of a username or password and breach of these Terms.

6. Copyright Policy. We respect the intellectual property rights of others and we ask that our users do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws, we strive to expeditiously remove any infringing material from the Site if we become aware of the same. If you believe that anything on the Site infringes any copyright that you own or control, please provide our designated agent with a notice that contains the following information:

  • A description of the copyrighted work(s) that you claim have been infringed;
  • A description of the allegedly infringing material, including its location on the Site;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • Your email address, telephone number, and mailing address;
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf; and
  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

7. User Generated Content.

  1. The Site may allow you to create, post, or otherwise submit comments, images, data, text, and other content via the Site and to respond to content submitted by others (together, “User Generated Content”), for example, via the ETC Blog. User Generated Content is neither generated nor controlled by ETC. ETC is not responsible for any User Generated Content. You are responsible for all User Generated Content that you submit and for the legality, originality, and appropriateness thereof. You must comply with our Acceptable Use Policy when submitting User Generated Content. By submitting User Generated Content you warrant that you have the rights, permissions, and consents necessary to submit such User Generated Content and to authorize us to use such User Generated Content as permitted by these Terms. You further warrant that User Generated Content you submit will not cause ETC to violate any law regulation. By submitting User Generated Content, you waive any right, and you agree not to assert, that any use of such User Generated Content by us or any third party infringes or violates your intellectual property rights, rights of privacy, rights of publicity, or other right. You retain any copyright or other intellectual property right you may have in User Generated Content that you submit.
  2. User Generated Content is not monitored. ETC reserves the right, but does not have the obligation, to review User Generated Content and its submission. ETC also reserves the right, but does not have the obligation, to delete User Generated Content from the Site at any time for any reason (including without limitation deletion due to violation of our Acceptable Use Policy). ETC has no obligation to archive or otherwise store any User Generated Content. ETC reserves the right to impose limits on Site features (e.g., the ability to submit User Generated Content) and to restrict your access to all or parts of the Site at any time for any reason, including without limitation violation of our Acceptable Use Policy.
  3. If you submit User Generated Content, you grant ETC a perpetual, irrevocable, transferable, assignable, sublicensable, royalty-free, fully paid-up, worldwide license to use, copy, reproduce, modify, adapt, reformat, translate, excerpt, prepare derivative works of, store, publish, publicly perform, publicly display, distribute, license, sell, and exploit for any purpose, including without limitation developing, manufacturing, and marketing products and services. For more information on how we use and share User Generated Content, please review our Privacy Policy.

8. NO WARRANTY. THE SITE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND WITHOUT ANY WARRANTY OF ANY KIND. ETC MAKES COMMERCIALLY REASONABLE EFFORTS TO ENSURE THAT ALL MATERIAL, INFORMATION, AND DATA ON THE SITE (EXCLUDING USER GENERATED CONTENT) IS ACCURATE AND RELIABLE, BUT ACCURACY CANNOT BE GUARANTEED. ETC DOES NOT GUARANTEE THE QUALITY, COMPLETENESS, TIMELINESS, OR AVAILABILITY OF THE SITE. ETC DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS IN THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. ETC IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WITH RESPECT TO THE SITE, INCLUDING WITHOUT LIMITATION THOSE REGARDING AVAILABILITY, QUALITY, ACCURACY, MERCHANTABILITY, FITNESS FOR ANY USE OR PURPOSE, COMPATIBILITY WITH ANY STANDARDS OR USER REQUIREMENTS, TITLE, AND NONINFRINGEMENT. ETC HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY USER COMMUNICATION.

YOUR USE OF THE SITE IS AT YOUR OWN RISK AND YOU, ALONE, ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER HARDWARE, SOFTWARE, SYSTEMS, AND NETWORKS, ANY LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY INFORMATION FROM THE SITE, AND FOR ANY OTHER DAMAGE THAT MAY BE INCURRED. WE MAKE NO REPRESENTATION THAT THE SITE IS APPROPRIATE OR AVAILABLE FOR USE IN LOCATIONS OTHER THAN THE UNITED STATES. IF YOU CHOOSE TO ACCESS THE SITE FROM LOCATIONS OTHER THAN THE UNITED STATES, YOU DO SO AT YOUR OWN RISK AND YOU ARE RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS AND REGULATIONS. NO ADVICE OR INFORMATION, ORAL OR WRITTEN, OBTAINED BY YOU FROM ETC OR IN ANY MANNER FROM THE SITE CREATES ANY WARRANTY.

9. NO LIABILITY. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL ETC, ITS AFFILIATES, OR ITS OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONALLY IDENTIFIABLE AND OTHER INFORMATION INTO THE SITE), WHETHER THE CLAIM IS BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE, AND EVEN IF ETC HAS EXPRESS KNOWLEDGE OF THE POSSIBILITY OF THE LOSS OR DAMAGE. YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP ACCESSING AND USING THE SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL ETC’S LIABILITY TO YOU EXCEED $100, EVEN IF THIS REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

10. Indemnification. You will indemnify, defend, and hold harmless ETC, its affiliates, and its and their respective directors, officers, employees, representatives, consultants, agents, suppliers, and licensors from and against all losses, claims, liabilities, demands, complaints, actions, damages, judgments, settlements, fines, penalties, damages, expenses, and costs (including without limitation reasonable attorneys’ fees) that arise out of or in connection with your access to or use of the Site, your misuse of any material, data, or other information downloaded or otherwise obtained from the Site, your submission of User Generated Content, your order of products through the Site, or your violation of these Terms. We reserve, and you grant to us, the exclusive right to assume the defense and control of any matter subject to indemnification by you.

11. Third-Party Websites. The Site may link to, or be linked to, websites not maintained or controlled by ETC. Those links are provided as a convenience and ETC is not responsible for examining or evaluating the content or accuracy of, and does not warrant or endorse, any third-party website or any products or services made available through those websites. Please take care when leaving the Site to visit a third-party website. You should read the terms of use and privacy policy for each website that you visit.

12. Feedback. ETC welcomes comments regarding the Site. If you submit comments or feedback to us regarding the Site, they will not be considered or maintained as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you.

13. Disputes. These Terms are governed by the laws of the state of Wisconsin, without regards for its conflict of law principles. Venue is exclusively in the state or federal courts, as applicable, with jurisdiction over Dane County, Wisconsin, with respect to any dispute arising under these Terms unless otherwise determined by ETC in its sole discretion and the parties expressly agree to the exclusive jurisdiction of such courts.  If there is a dispute, the prevailing party will be entitled to recovery of its costs and expenses, including reasonable attorneys’ fees. The United Nations Convention for the International Sale of Goods does not apply. Any cause of action or other claim with respect to the Site must be commenced within one year after the cause of action or claim arises.

14. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign these Terms without our prior written consent.

15. Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you, except that our affiliates are third-party beneficiaries of these Terms.

16. Interpretation. These Terms, including our Privacy Policy and Acceptable Use Policy, are the entire agreement between you and ETC with respect to your access to and use of the Site. ETC’s failure to enforce any provision in these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by ETC. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be considered severable from the remaining provisions and the remaining provisions will remain in full force and effect. The headings in these Terms are for convenience only and do not affect the interpretation of these Terms. These Terms will inure to the benefit of ETC’s successors and assigns.

17. Survival. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification or limitation of our liability) will continue in effect beyond any termination of these Terms or of your access to the Site.

18. Electronic Communications. These Terms and any other documentation, agreements, notices, or communications between you and ETC may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

19. Contact Us. Please direct any questions and concerns regarding these Terms to us at any of the following:
Via telephone: (608) 831-4116
Via fax: (608) 836-1736
Via mail: Attn: Webmaster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Via email: webmaster@etcconnect.com.


Acceptable Use Policy

Last Updated: January 20, 2017

By submitting creating, posting, or otherwise submitting comments, images, data, text, or other content via this website (“Site”), or by responding to content submitted by others (together, “User Generated Content”), you agree to this Acceptable Use Policy (“AUP”).

If you do not agree with this AUP, please do not submit User Generated Content via the Site. This AUP is incorporated into and made a part of our Terms of Use.

We reserve the right to modify this AUP at any time. All changes will be effective immediately upon posting to the Site and, by accessing or using the Site after changes are posted, you agree to those changes.

  1. You must maintain a polite, pleasant, and respectful environment.
  2. You will not attack other Site users. User Generated Content that harasses, abuses, stalks, threatens, or otherwise violates the legal rights of others (such as the rights of privacy and publicity) is prohibited.
  3. User Generated Content must be relevant to the stated topic (for example, the applicable blog post).
  4. User Generated Content that is defamatory, indecent, pornographic, obscene, or otherwise objectionable is prohibited. Slurs and commentary against social, racial, religious, ethnic, and sexual orientation groups are prohibited.
  5. User Generated Content must not contain or consist of surveys, contests, pyramid schemes, chain letters, junk mail, unauthorized emails, offers to buy or sell goods or services, advertisements, or commercial solicitations, nor may User Generated Content engage in, facilitate, or encourage any of the foregoing or any illegal activities.
  6. You may not harvest or otherwise collect information about others (including without limitation email addresses).
  7. You must have the rights, permissions, and consents necessary to submit the applicable User Generated Content. For example, you may not submit any User Generated Content that contains or consists of text, images, videos, recordings, or other material that is protected by intellectual property laws and owned by another person unless you have the legal right to submit that User Generated Content.
  8. User Generated Content that contains viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, malicious code, or other software or programs that may damage a person’s software or hardware is prohibited.
  9. You may not falsify or delete any copyright management information, such as author attributions, copyright notices, legal notices, or other proprietary designations, notices, or labels concerning the origin or source of the submitted User Generated Content.
  10. You may not download User Generated Content submitted by another Site user if you know or reasonably should know that such User Generated Content cannot be legally copied, reproduced, displayed, performed, or distributed in such manner.
  11. You may not interfere, restrict, or inhibit another user’s access to or use of the Site or its features.
  12. You may not create a false identity, hide your true identity, or impersonate or represent any person other than yourself.

AUP Violations. Your violation of this AUP or any other provision of our Terms of Use may result in the immediate suspension of your access to the Site or its features without notice to you. ETC reserves the right to impose limits on Site features (for example, the ability to submit User Generated Content) or restrict your access to all or parts of the Site at any time for any reason, including without limitation your violation of this AUP.

Contact Us. Please direct any questions and concerns regarding this AUP or User Generated Content to us at the contact information below. Please do not direct questions, complaints, or other comments regarding User Generated Content to other Site users. As ETC does not monitor or review User Generated Content, we cannot address your concerns unless you send them to us.

Via telephone: (608) 831-4116
Via fax: (608) 836-1736
Via mail: Attn: Webmaster
Electronic Theatre Controls, Inc.
3031 Pleasant View Rd.
Middleton, WI 53562, United States of America
Via email: webmaster@etcconnect.com.