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Terms and Conditions and Privacy Policy

TERMS AND CONDITIONS & PRIVACY POLICY

The rules and explanations below are the Terms and Conditions of use (“Terms”) of this web site (the “Site”, also “we”; “us”; “our”). These Terms represent our current policy regarding your use of the Site, and, in the section titled “PRIVACY POLICY”, below (the “Privacy Policy”), our collection of data through your use of the Site, and our use of that data. These Terms and the Privacy Policy apply to the operator of this Site, New World Stages Operating Co. LLC, d/b/a Shubert Events. We may change these Terms at any time and from time to time, effective immediately upon posting on the Site. Please read these Terms before using the Site. If you cannot comply with these Terms please do not access or otherwise use the Site. By using the Site, you are indicating your agreement to be bound by these Terms.


Limited License

We grant you a non-exclusive, limited, revocable license to visit and use the Site, provided you agree to comply with these Terms and the other policies and conditions governing your use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Site or its content. In addition, we may terminate your right to access or otherwise use the Site at any time, without giving you notice.

 

Use Restrictions

You may not copy, modify, distribute, display, perform, create derivative works from, or transfer any of the content on this Site without our prior, express written permission.

You may only use the Site for lawful purposes. Please make sure that your use of the Site complies with all applicable local, state and federal laws. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others.

You agree that you will not use any automatic device, software, or routine including, without limitation, any robots, spiders, webbots, web wanders, crawlers, worms, or webants, or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of the Site. In addition, you agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect the Site or to enforce our policies. You agree not to attempt to conceal your identity in any way or by any means, including by using multiple names, physical addresses, Internet Protocol (“IP”) addresses, or e-mail addresses to interact with the Site; engaging in IP spoofing, IP address forgery, host file hijacking, or similar conduct; interacting or engaging with the Site through proxy servers or virtual private networks used to mask your identity; and/or undertaking any similar conduct and/or using any similar products or services to access the Site in such a way as to conceal your identity.

If you violate these Terms (or if we in our sole discretion believe you have violated any of these Terms), we may terminate your use of the Site, bar any future use of the Site by you (and by any IP addresses we believe to be associated with your use of the Site), and/or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.

If you are under sixteen years old, please do not use this Site.

 

Linking

This Site may contain hyperlinks to other web sites. Unless otherwise stated, which statement may be contained on said hyperlinked website, we do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products, or services provided on, any hyperlinked web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on such hyperlinked web sites, or the contents, information, products or services provided on such hyperlinked web sites.

We grant you permission to link your website to the home page associated with this Site, located here, subject to these Terms and your agreement to comply with all such Terms, and provided that your linking to the Site does not cast the Site or any websites affiliated with the Site or with us in a false or misleading light. You may not link your website to any internal page on this Site without our express written permission. In addition, you may not frame on another website any information located on this Site without our express written consent. You may request such consents by sending an e-mail request here. The permission granted herein to link to the home page associated with this Site may be revoked at any time without cause. You may not link to our home page from any website that (a) violates any applicable law or regulation, (b) infringes the patent, copyright, trademark, trade secret, or other intellectual property rights of others or violates any privacy, publicity, or personal rights of others; or (c) contains defamatory, obscene, threatening, abusive, or hateful information or expressions. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of or in connection with your linking to our Site or the use by others of the contents, information, products or services provided on your site.

 

Intellectual Property

TELECHARGE(R), TELE-CHARGE(R), TELECHARGE.COM(R), THE SHUBERT ORGANIZATION(R), LITTLE SHUBERT(R), ONE SHUBERT ALLEY(R), IN THEATRE NETWORK(R), INSITE TICKETING(R), BROADWAY SPOTLIGHT(R), BROADWAYDISCOUNTS(R), BROADWAY INBOUND(R), BROADWAYOFFERS(R), PLUMBENEFITS(R), and NEW WORLD STAGES(R) are registered trademarks owned by this Site and/or entities affiliated with this Site, including Shubert Events and The Shubert Organization, Inc. Other trademarks appearing on this Site are the property of their respective owners. You may not publicly use any trademarks owned by us without our express written permission. You also may not publicly use any meta tags or any other “hidden text” that incorporate our trademarks without our express written permission. In the event that we grant you such permission, you will not gain any rights to our trademarks.

The contents of this Site, such as text, graphic images and other materials (the “Works”) are protected under U.S. and foreign copyright law. The Works may include text, software, graphics, photographs, videos, music and sound. In addition, the aggregated contents of this Site are copyrighted as a collective work/compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. In the event that we grant you such permission, you will not gain any ownership rights to our copyrighted material.

We do not grant you any express or implied right under any of our trademarks, copyrights or other proprietary information, and we reserve all rights not expressly granted herein to the same. You may not modify or download any of the content or materials found on this Site; use the content or materials found on this Site for any public display, performance, sale, or rental; transfer, remove, modify, or alter any trademark, copyright, or other proprietary content or materials from this Site; or copy any content or materials from this Site for any purpose prohibited by these Terms.

 

Disclaimer

You are using this Site at your own risk. We do not guarantee that any information you provide us through this Site will remain private. Please see our Privacy Policy, below, for information regarding protection of information. We do not promise that there will be no errors transmitting information to and from this Site. We do not promise that information you receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. We make no guarantee of any specific result from the use of the Site or of our service.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR USE OF THIS SITE OR THE CONTENT ON THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

 

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEB SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity

By your use of this Site, you agree to waive any claims you may have against us for any damages that you may incur as a result of your use or attempt to use this Site. We may make claims against you for use of this Site that violates these Terms and any other policies posted on this Site. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of this Site or violations of our policies posted on this Site.

 

Disputes

These Terms and any dispute regarding these Terms shall be governed by and construed in accordance with New York State law without regard to principles of conflict of laws. Except as otherwise stated explicitly in these Terms, any disputes arising out of or relating to the use of this Site may only be brought in the state or federal courts located in New York County, New York State. Therefore, by accepting this policy, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Site.

 

PRIVACY POLICY

1. What information we collect and how we use it:

This Site collects information from you when you use this Site.  This information may include your name, email address, and phone number (“personally identifiable information”), IP address, company name, and certain preferences you may have concerning our services (such as where you are looking to have your event hosted, your event’s anticipated headcount and length, and similar information). We collect your personally identifiable information, company information, and preferences information when you enter it voluntarily when completing the form contained on the “CONTACT” page of this Site, located here. In addition, information you enter in that form is subject to the terms and privacy policies of Google LLC’s reCAPTCHA system, located here (Terms) and here (Privacy), and is held in a content management system maintained by PageCloud Inc., whose privacy policy is located here.

(Please note that Google LLC’s and/or PageCloud Inc.’s use of your data is and will not be subject to this Privacy Policy, and we will not have any control of those entities’ use of that information.  If you wish to know more about how those entities use such information, you should review their privacy policies and/or contact them directly.)

We use the personally identifiable information, business information, and preferences information that we collect through your entry on the “CONTACT” page in order to evaluate your request for our services, contact you in connection with our provision of services to you, and customize our provision of services to you. We may also use this information for purposes of marketing our services to you in the future.  

In addition, we collect non-personally identifiable information regarding your use of this Site through the use of cookies, pixel tags, and similar technologies that allow us to recognize a user’s IP address and to track users’ behavior on the Site (such as which pages you’ve visited on the Site, the type of device you use to access the Site, and similar information). We may combine this information with personally identifiable information in order to further customize our provision of services to you. In addition, we may use the information we collect for purposes of marketing, software development, and statistical analysis. You can control, via your computer and browser settings, whether a cookie is placed on your hard drive by this Site (or others), and can remove such cookies. However, the refusal to accept any cookies may prevent you from using certain features of this Site.

We may also share your information with third parties with whom we work to provide services to you. For example, in certain cases, entities that are not us and do not have any corporate affiliation with us may own or operate the locations desired by you and others for use of our services. In addition, we may contract with various vendors (such as caterers, audio-video providers, and similar entities) in the course of providing services to you and others. We may share the information that you provide to us (including your personally identifiable information, business information, and preferences information) with those entities and others in the course of and/or in order to provide our services to you.

We may also use your personally identifiable information to notify you of the availability of our services for you in contexts other than the context for which you have initially contacted us, and for other marketing purposes. We may handle such notifications directly, or we may share your information with notification vendors (such as email vendors) to provide such notifications.

In addition, any information you submit to us is subject to disclosure pursuant to judicial or other governmental subpoenas, warrants, or orders.  Finally, we otherwise reserve the right to disclose or share your information when we, in good faith, determine that such disclosure will help us comply with the law, protect the security or safety of our property (including this Site), or the property of a third party, or is otherwise legally permissible and will help us in the administration of the Site; and your information may be shared with a third party in the context of a transfer of our ownership or assets.

In the case you wish to opt-out from receiving communications from us, or otherwise wish to contact us with respect to our use of your information or to correct or update your information, please email us here. Residents of certain jurisdictions (such as certain European countries and certain U.S. states) may have specific rights with respect to information concerning them. If you are a resident of any such jurisdiction, please let us know when you email us.  In the case of any sharing of your information as described in this Privacy Policy, the recipient’s use of your information will not be subject to this Privacy Policy, and we will not control the recipient’s use of such information once we have shared it. The recipient’s use of information we share to it is governed by its own privacy policy. If you wish to know more about how such third parties use your information, and/or if you wish to opt out of receiving communications from such third parties, you will need to contact them directly.

2. What security measures we take to protect your information:

To protect the information collected by this Site, this Site uses Secure Socket Layers (or “SSLs”), an industry standard security technology for establishing an encrypted link between a web server and a browser. This link ensures that all data passed between the web server and browsers remain private and integral. Once you submit information using this Site, that information is encrypted and secured, and stored in an encrypted and secure manner, to protect against unauthorized use or disclosure to other parties.

3. Additional regulatory matters:

Personal information collected about children under age 13 is protected by the Children’s Online Privacy Protection Act of 1998. It is our policy not to knowingly solicit or collect any personal information on this Site from children under the age of 13. If you are younger than 13 years old, please do not submit or share with us any personal information on this Site. In addition, please tell your parents you are using the Site and have your parents e-mail us here so that we may delete any information we may have collected about you.

In addition, we may not collect or process information from a citizen of an EU member state under the age of 16 without such person’s parents’ consent. If you are a citizen of an EU member state under the age of 16, please do not submit or share with us any personal information on this Site. In addition, please tell your parents you are using the Site and have your parents e-mail us here so that we may delete any information we may have collected about you.

We comply with and are committed to the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework, as set forth by the U.S. Department of Commerce, regarding the collection, use, and retention of personal information from European Union Member countries and Switzerland. If there is any conflict between the terms in this Privacy Policy and the principles of the Privacy Shield Framework, the principles of the Privacy Shield Framework shall govern. Shubert Event’s parent entity, The Shubert Organization, Inc., has certified that this Site adheres to the Privacy Shield privacy principles of Notice; Choice; Accountability for Onward Transfer; Security; Data Integration and Purpose Limitation; Access; Recourse, and Enforcement and Liability; and to the Privacy Shield’s related supplemental principles. To learn more about the Privacy Shield Framework, and to view The Shubert Organization, Inc.’s certification, please visit https://www.privacyshield.gov/welcome. If you have an unresolved privacy or data use concern that we have not addressed satisfactorily, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request.

In certain cases, we may remain liable under the Privacy Shield Principles if we transfer your personally identifiable information to third-party processors of that data who then process that data in a manner inconsistent with the Privacy Shield Principles. We will not, however, retain such liability if we can prove that we are not responsible for the act or omission in question that is inconsistent with the Privacy Shield Principles.

In certain cases, our use of your personally identifiable information may be subject to investigation and enforcement under the U.S. Federal Trade Commission or another U.S. statutory body, and/or you may be able to invoke binding arbitration to assert your rights At the bottom of these Terms and Conditions and Privacy Policy we have posted an Effective Date. If that date has changed since the last time you visited this Site, it means we have made a change to the Terms and Conditions and/or Privacy Policy of this Site.

If you need to contact us for any other reason, please click here.

EFFECTIVE DATE: June 19, 2019