Terms of Use
Effective As Of September 1, 2008
1. ACCEPTANCE OF TERMS OF USE AND AMENDMENTS ("TERMS OF USE")
Each time you use or cause access to this website, you agree to be
bound by these Terms Of Use as amended from time to time with or
without notice to you. In addition, if you are using a particular
service on or through this website, you will be subject to any rules or
guidelines applicable to those services and they shall be incorporated
by reference into these Terms Of Use.
2. OUR SERVICE
Broadway Theatrical and its affiliate websites and services are
provided to you on and through our website on an "AS IS" basis. You
agree that the owners of this website exclusively reserve the right and
may, at any time and without notice and any liability to you, modify or
discontinue this website and its programs or services or delete the
data you provide, whether temporarily or permanently. We shall have no
responsibility or liability for the timeliness, deletion, failure to
store, inaccuracy, or improper delivery of any data or information.
3. YOUR RESPONSIBILITIES AND REGISTRATION OBLIGATIONS
In order to use this website in its entirety, you may or may not need
to register on our site, and agree to provide truthful information when
requested. When registering, you explicitly agree to our Terms Of Use
as may be modified by us from time to time and available here.
4. PRIVACY POLICY
If you are 13 or under the age of 13, you warrant you have obtained
permission from a parent or guardian before registering for mailings or
communications from Camp Broadway and its affiliate sites. You also
should see the Children's Privacy Notice in Section 3 of our Privacy
Policy.
Registration data and other personally identifiable information that we
may collect is subject to the terms of our Privacy Policy.
Further explanation of our policy regarding privacy is located in the Privacy Policy.
5. REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your
password, if applicable, and shall be responsible for all uses via your
registration and/or login, whether authorized or unauthorized by you.
You agree to immediately notify us of any unauthorized use or your
registration, user account or password.
6. YOUR CONDUCT
You agree that all information or data of any kind, whether text,
software, code, music or sound, photographs or graphics, video or other
materials ("Content"), publicly or privately provided, shall be the
sole responsibility of the person providing the Content or the person
whose user account is used. You agree that our website may expose you
to Content that may be objectionable or offensive. We shall not be
responsible to you in any way for the Content that appears on this
website nor for any error or omission.
You explicitly agree, in using this website or any service provided, that you shall not:
a. Provide any Content or perform any conduct that may be unlawful,
illegal, threatening, harmful, abusive, harassing, stalking, tortious,
defamatory, libelous, vulgar, obscene, offensive, objectionable,
pornographic, designed to or does interfere or interrupt this website
or any service provided, infected with a virus or other destructive or
deleterious programming routine, give rise to civil or criminal
liability, or which may violate an applicable local, national or
international law;
b. Impersonate or misrepresent your association with any person or
entity, or forge or otherwise seek to conceal or misrepresent the
origin of any Content provided by you;
c. Collect or harvest any data about other users;
d. Provide or use this website and any Content or service in any
commercial manner or in any manner that would involve junk mail, spam,
chain letters, pyramid schemes, or any other form of unauthorized
advertising without our prior written consent;
e. Provide any Content that may give rise to our civil or criminal
liability or which may constitute or be considered a violation of any
local, national or international law, including but not limited to laws
relating to copyright, trademark, patent, or trade secrets.
7. SUBMISSION OF CONTENT ON THIS WEBSITE
By providing any Content to our website:
a. You agree to grant to us a worldwide, royalty-free, perpetual,
non-exclusive right and license (including any moral rights or other
necessary rights) to use, display, reproduce, modify, adapt, publish,
distribute, perform, promote, archive, translate, and to create
derivative works and compilations, in whole or in part. Such license
will apply with respect to any form, media, technology known or later
developed;
b. You warrant and represent that you have all legal, moral, and other
rights that may be necessary to grant us with the license set forth in
this Section 7;
c. You acknowledge and agree that we shall have the right (but not
obligation), in our sole discretion, to refuse to publish or to remove
or block access to any Content you provide at any time and for any
reason, with or without notice.
8. THIRD PARTY SERVICES
Goods and services of third parties may be advertised and/or made
available on or through this website or e-mail, directly or indirectly,
from www.broadwaytheatrical.com. Representations made regarding
products and services provided by third parties are governed by the
policies and representations made by these third parties. We shall not
be liable for or responsible in any manner for any of your dealings or
interaction with third parties. If you, however, chose to interact or
subscribe to any Third Party Services you agree to indemnify Broadway
Theatrical and its affiliates as outlined below.
9. INDEMNIFICATION
You agree to indemnify and hold us harmless, our subsidiaries,
affiliates, related parties, officers, directors, employees, agents,
independent contractors, advertisers, partners, and co-branders from
any claim or demand, including reasonable attorney's fees, that may be
made by any third party, that is due to or arising out of your conduct
or connection with this website or service, your provision of Content,
your violation of these Terms Of Use or any other violation of the
rights of another person or party.
10. DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEBSITE AND ANY SERVICES
OR CONTENT PROVIDED (THE "SERVICE") IS MADE AVAILABLE AND PROVIDED TO
YOU AT YOUR OWN RISK. IT IS PROVIDED TO YOU "AS IS" AND WE EXPRESSLY
DISCLAIM ALL WARRANTIES OF ANY KIND, IMPLIED OR EXPRESS, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY, IMPLIED
OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED,
ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OF ANY
QUALITY, NOR THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU
UNDERSTAND AND AGREE THAT NEITHER US NOR ANY PARTICIPANT IN THE SERVICE
PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT USE OF SUCH ADVICE OR
ANY OTHER INFORMATION IS SOLELY AT YOUR OWN RISK AND WITHOUT OUR
LIABILITY OF ANY KIND.
Some jurisdictions may not allow disclaimers of implied warranties and
the above disclaimer may not apply to you only as it relates to implied
warranties.
11. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE SHALL NOT BE LIABLE FOR ANY
DIRECT, INDIRECT, SPECIAL, INDICENTAL, CONSEQUENTIAL OR EXEMPLARY
DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSS (EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR ARISING
OUT OF (I) THE USE OF OR THE INABILITY TO USE THE SERVICE, (II) THE
COST TO OBTAIN SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY
TRANSACTION ENTERED INTO ON THROUGH THE SERVICE, (III) UNAUTHORIZED
ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS OR
CONDUCT OF ANY THIRD PARTY ON THE SERVICE, OR (V) ANY OTHER MATTER
RELATING TO THE SERVICE.
In some jurisdictions, it is not permitted to limit liability and therefore such limitations may not apply to you.
12. RESERVATION OF RIGHTS
We reserve all of our rights, including but not limited to any and all
copyrights, trademarks, patents, trade secrets, and any other
proprietary right that we may have in our website, its content, and the
goods and services that may be provided. The use of our rights and
property requires our prior written consent. We are not providing you
with any implied or express licenses or rights by making services
available to you and you will have no rights to make any commercial
uses of our website or service without our prior written consent.
13. APPLICABLE LAW
You agree that this Terms Of Use and any dispute arising out of your
use of this website or our products or services shall be governed by
and construed in accordance with local laws where the headquarters of
the owner of this website is located, without regard to its conflict of
law provisions. By registering or using this website and service, you
consent and submit to the exclusive jurisdiction and venue of the
county or city where the headquarters of the owner of this website is
located.
15. MISCELLANEOUS INFORMATION
a. In the event that this Terms Of Use conflicts with any law under
which any provision may be held invalid by a court with jurisdiction
over the parties, such provision will be interpreted to reflect the
original intentions of the parties in accordance with applicable law,
and the remainder of this Terms Of Use will remain valid and intact;
b. The failure of either party to assert any right under this Terms Of
Use shall not be considered a waiver of any that party's right and that
right will remain in full force and effect;
c. You agree that without regard to any statue or contrary law that any
claim or cause arising out of this website or its services must be
filed within one (1) year after such claim or cause arose or the claim
shall be forever barred;
d. We may assign our rights and obligations under this Terms Of Use and
we shall be relieved of any further obligation.
16. CONTACT INFORMATION
If you have any questions about these Terms of Use or our website,
please feel free to contact us at info@broadwaytheatrical.com.