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TERMS OF USE
TERMS AND
CONDITIONS OF USE
Welcome to
the Internet Sites of MTI Enterprises, Inc. d/b/a Music Theatre
International™ and The Broadway Junior Collection® (collectively, “MTI,”
“we,” “us” or “our”).
PLEASE READ
THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS MTI SITE. By
using any MTI Site, you, the user, signify your agreement to these terms
of use. If you do not agree to these terms of use, please do not use the
MTI Site(s). We reserve the right, at our discretion, to change, modify,
add, or remove portions of these terms at any time. Please check these
terms periodically for changes. Your continued use of this MTI Site
following the posting of changes to these terms will mean you accept those
changes. Any rights not expressly granted herein are reserved to MTI.
RESTRICTIONS ON USE OF MATERIALS
All materials
and content contained in any MTI Site, including without limitation all
text, data, images of any kind, audio, video, site design, and software
(collectively, “Content”), are the copyrighted property of MTI, or its
subsidiaries or affiliated companies and/or third-party owners. All
trademarks, logos, service marks, trade names and trade dress are
proprietary to MTI, its affiliates and/or third party owners, and
unauthorized use thereof is prohibited by law. You may not copy,
reproduce, transfer, republish, upload, post, transmit, broadcast or
distribute Content in any way or in any media now known or hereafter
devised except for your personal, noncommercial home use only and provided
that (i) you keep intact all copyright and other proprietary notices, (ii)
you make no modifications to the Content, (iii) you do not use the Content
in a manner that suggests an association with any of our products,
services, or brands, and (iv) you do not download quantities of Content to
a database that can be used to avoid future downloads from any MTI Site.
Any other use of Content may constitute copyright infringement punishable
by law. The use of Content on any other Web site is prohibited without
MTI’s express written permission.
RESTRICTED
SERVICES
Some services
offered on the MTI Sites upon the submission of a proper application,
including without limitation the granting of performance licenses and/or
the purchase of Broadway Junior Showkits ® or any other theatrical
resources, are limited to authorized users approved by MTI. We reserve the
right to deny any application for such licenses or requests for such
purchases at our sole discretion. In addition, we reserve the right to
terminate any user’s account with MTI at any time for any reason.
PUBLIC
COMMUNICATION
"Exchange"
means a chat area, message board, bulletin board or e-mail function that
may be offered as part of any MTI Site. If you participate in any Exchange
within an MTI Site, you must not:
-
defame,
abuse, harass or threaten others;
-
make any
bigoted, hateful, or racially offensive statements;
-
advocate
illegal activity or discuss illegal activities with the intent to commit
them;
-
post or
distribute any material that infringes and/or violates any right of a
third party or any law;
-
post or
distribute any vulgar, obscene, discourteous, or indecent language or
images;
-
advertise
or sell to or solicit others;
-
use the
Exchange for commercial purposes of any kind;
-
post or
distribute any software or other materials that contain a virus or other
harmful component; or
-
post
material or make statements that do not generally pertain to the
designated topic or theme of any chat room or bulletin board.
MTI is under
no obligation to monitor or review any Exchanges and assumes no
responsibility or liability whatsoever arising from the content of any
Exchanges. Any Exchange will be treated by MTI as non-confidential and
non-proprietary. However, it is our policy to respect the privacy of all
users of the MTI Sites. Therefore, in addition to the privacy of
performance license application data or purchase request data (see our
Privacy Policy), we will not disclose the identity of any user unless (a)
you authorize us to do so, (b) we must do so in order to resolve technical
problems on any MTI Site; or (c) unless required to do so by law or in the
good-faith belief that such action is necessary to: (1) comply with the
law or comply with legal process served on us; (2) protect and defend our
rights or property; or (3) act in an emergency to protect the safety of
our users or the public.
Users shall
remain solely responsible for the content of their messages.
We reserve
the right to remove or edit content from any Exchange at any time and for
any reason. Please keep in mind that whenever you give out personal
information online, such as via bulletin boards, such information can be
collected and used by people you do not know. While MTI strives to protect
your personal information and privacy, we cannot guarantee the security of
any information you disclose online; you make such disclosures at your own
risk.
By uploading
materials to any Exchange or submitting any materials to us, you
automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly
perform and display, create derivative works from and distribute such
materials or incorporate such materials into any form, medium, or
technology now known or later developed throughout the universe. In
addition, you warrant that all so-called "moral rights" in those materials
have been waived.
When
participating in an Exchange in any user-generated content area, never
assume that people are who they say they are, know what they say they
know, or are affiliated with whom they say they are affiliated. We cannot
be responsible for the content or accuracy of any information set forth in
any Exchange.
LINKS TO OTHER SITES
MTI sites may contain links that result in your leaving
the MTI website. MTI provides links to other sites only as a convenience.
The linked sites are not under the control of MTI and MTI is not
responsible for the contents of any linked site, any link contained in the
linked site, or any changes or updates to such sites. The inclusion of any
link does not imply endorsement by MTI of the site.
DISCLAIMER
THE MATERIALS
IN THIS MTI SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO
APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE
MATERIALS ON ANY MTI SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED, OR THAT ANY MTI SITE OR THE SERVERS THAT MAKE
SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE
RESULTS OF THE USE OF THE MATERIALS ON ANY MTI SITE IN TERMS OF THEIR
CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE
COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. THE DISCLAIMERS
SET FORTH HEREIN APPLY TO ALL CAUSES OF ACTION NOW KNOWN OR WHICH MAY
ARISE IN THE FUTURE.
CONTENT LINKED TO ANY MTI SITE
You should be
aware that when you are on a MTI Site, you could be directed to other
sites that are beyond our control. There are links to other sites from MTI
pages that take you outside of our service and links to the MTI Sites from
other sites not controlled by MTI. We reserve the right to disable
unauthorized links from third-party sites to any MTI Site. MTI DISCLAIMS
ANY RESPONSIBILITY FOR THE ACCURACY, RELEVANCY, COPYRIGHT COMPLIANCE,
LEGALITY, DECENCY OR AVAILABILITY OF INFORMATION OR MATERIAL CONTAINED IN
ANY SITES THAT LINK TO OR FROM ANY MTI SITE. THE INCLUSION OF A LINK TO
SUCH WEB SITES DOES NOT IMPLY AN ENDORSEMENT BY MTI. VIEWING OF ANY WEB
SITE IS COMPLETELY AT YOUR OWN RISK.
LIMITATION
OF LIABILITY
UNDER NO
CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, ANY MTI SITE
OR MATERIALS OR FUNCTIONS ON ANY SUCH SITE, EVEN IF WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT,
TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE
AMOUNT OF ANY FEES THAT YOU HAVE ACTUALLY PAID MTI FOR ANY SERVICES OR
MERCHANDISE OFFERED ON THE MTI SITES.
INDEMNIFICATION
You hereby
indemnify, defend, and hold us and our affiliates and our officers,
directors, owners, agents, information providers, affiliates, licensors,
and licensees (collectively, the "Indemnified Parties") harmless from and
against any and all liabilities and costs (including reasonable attorneys'
fees') incurred by the Indemnified Parties in connection with any claim
arising out of any breach by you of this Agreement or claims arising from
your use of the MTI Sites. You shall use your best efforts to cooperate
with us in the defense of any claim. We reserve the right, at our own
expense, to assume the exclusive defense and control of any matter
otherwise subject to indemnification by you.
GENERAL
PROVISIONS
We make no
representation that materials on any MTI Site are appropriate or available
for use in any particular location. Those who choose to access a MTI Site
do so on their own initiative and are responsible for compliance with
local laws, if and to the extent local laws are applicable. These terms
shall be governed by and construed in accordance with the laws of the
State of New York, without giving effect to any principles of conflicts of
law. You agree that any action at law or in equity arising out of or
relating to these terms shall be filed only in the state or federal courts
located in New York County, New York, and you hereby consent and submit to
the personal jurisdiction of such courts for the purposes of litigating
any such action. If any provision of these terms shall be unlawful, void,
or for any reason unenforceable, then that provision shall be deemed
severable from these terms and shall not affect the validity and
enforceability of any remaining provisions. This is the entire agreement
between us relating to the subject matter herein and shall not be modified
except in writing, signed by both parties.
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