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Terms and Conditions of Use
Thank you for visiting The Broadway Kids™ website (the 'Site'). By using the Site, you agree to the following terms and conditions. We may modify these Terms and Conditions of Use at any time and without notice.
Please read the entire terms and conditions of use carefully before you use the site. If you do not agree to all these terms and conditions of use, you may not use the site. By using the site, you are deemed to have accepted these terms and conditions of use.
To use this site, you must be a resident of or located in a jurisdiction where the distribution, publication or provision of the information and content of this site may be lawfully distributed, published and provided, and you must be at least 13 years old.
Privacy Policy
Your privacy is vitally important to us. We will never share, rent, sell divulge or otherwise use personal or purchase information you have given us with anyone outside of our company without your permission. If and when we seek permission to use that information, we will do so through an e-mail explaining the use and giving you final say-so, 'yes' or 'no.'
Your privacy is closely guarded.
All personal and purchase information you provide us is protected by secured networks that are only accessible to our Webmaster and Customer Care. All sensitive credit information provided during purchase is protected by our secure server software (SSL). It is the industry standard and among the best available today for secure commerce transactions.
A note to parents.
We believe that appreciation for music begins at a young age and we welcome visits from people of all ages. However, we also believe it is the responsibility of parents to supervise their children's online activities and to avail themselves of online tools that help provide a kid-friendly environment and prevent children from disclosing personal information without parental permission.
What information do we collect and how do we use it?
When you sign up for services like a forum or a live chat, we need only an email address -- which we use to send the information you requested. When you enter a contest or other promotional feature, we may ask for your name and email address so we can administer the contest and notify winners. We may also host promotions and sweepstakes that may be sponsored and administered by outside parties. When you enter a sweepstakes or contest through an email entry, your email entry is sent to the supplier house that we use to help gather entries for our sweepstakes and contests. When the winners have been selected, the winners' email addresses may be shared with the entity administering the sweepstakes, so that they can be notified that they have won. Unless we explicitly notify you in the terms of the sweepstakes or contest, no other information is shared by us with third parties in connection with any sweepstakes or contest. To the extent that any privacy information relating to a sweepstakes or contest conflicts with the information provided here, the specific privacy information regarding the sweepstakes or contest will be clearly stated in an area that will be accessible to potential entrants and will govern that particular sweepstakes or contest. When you participate in a Chat or Forum, you'll be prompted to submit your email (for example, 'Joe@mail.com') and your question, but no other information is formally stored in the archive of the chat. We may also use the information we collect to occasionally notify you about important functionality changes to the web site, com services, and special offers we think you'll find valuable. If you would rather not receive this information, please notify the webmaster.
How do we allow customers to update or change the information submitted?
If at any time you would like to change any information in our database that you have provided us, simply write to the webmaster with your request. Simply hit Reply to any message you receive and type the words 'unsubscribe' and the particular subject in the subject field. Please reply to the email using the email address at which you have received mailings from us, and we will remove you from our list. If you have more than one email address, please include the others in your email.
Proprietary Rights to Content
You acknowledge and agree that this Site contains information, data, software, photographs, graphics, text, images, logos, icons, typefaces, audio and video material, and/or other material (collectively 'Content') that is protected by copyrights, trademarks, or other proprietary rights, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. The Content is our property or that of our suppliers or licensors. The compilation (meaning the collection, arrangement, and assembly) of all Content on this Site is our exclusive property and is protected by U.S. and international copyright and other laws. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer, license or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal information and non-commercial use, and that you do not alter or modify the Content in any way, and maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws, you may not upload, post, reproduce, perform, or distribute in any way any Content without obtaining permission of the owner of the copyright, trademark or other proprietary right.
Trademarks
The Broadway Kids™ and all related marks are service marks of The Broadway Kids™. They may not be used or displayed without our prior written consent. All other trademarks, product names and company names and logos appearing on the site are the property of their respective owners, and may be used only with the permission of the particular owner.
User's Account Obligations
In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the form for your account information and (b) maintain and promptly update the account information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site.
User's Conduct
You understand that all information, data, text, images, messages or other materials ('Materials'), available on or through the Site, are the sole responsibility of the person from whom such Materials originated. This means that you, and not The Broadway Kids™, are entirely responsible for all Materials that you upload, post, email, transmit or otherwise make available on or via the Site. The Broadway Kids™ does not control the Materials posted to the Site and, as such, does not guarantee the accuracy, integrity or quality of such Materials. You understand that by using the Site, you may be exposed to Materials that are offensive, indecent or objectionable. Under no circumstances will The Broadway Kids™ be liable in any way for any Materials, including, but not limited to, for any errors or omissions in any Materials, or for any loss or damage of any kind incurred as a result of the use of any Materials posted, emailed, transmitted or otherwise made available on or via the Site.
You agree to not use the Site to:
1. Upload, post, email, transmit or otherwise make available any Materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
2. Impersonate any person or entity, forge headers or otherwise disguise the origin of any Materials, or falsely state or otherwise misrepresent your affiliation with a person or entity;
3. Upload, post, email, transmit or otherwise make available any Materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
4. Upload, post, email, transmit or otherwise make available any material thatcontains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
5. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, 'junk mail,' 'spam,' or any other form of solicitation; or
6. Interfere with or disrupt the Site or servers or networks connected to the Site, ordisobey any requirements, procedures, policies or regulations of networks connected to the Site or these Terms and Conditions of Use.
You acknowledge that The Broadway Kids™ might not pre-screen Materials, but that The Broadway Kids™ and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Materials that are available on or via the Site. Without limiting the foregoing, The Broadway Kids™ and its designees shall have the right to remove any Materials that violate these Terms and Conditions of Use or are otherwise objectionable. You acknowledge and agree that The Broadway Kids™ may preserve Materials and may also disclose Materials if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions of Use; (c) respond to claims that any Materials violate the rights of third-parties; or (d) protect the rights, property, or personal safety of The Broadway Kids™, its users and the public.
Disclaimers of Warranties
You expressly understand and agree that:
(a) Your use of the site is at your sole risk. The site is provided on an 'as is' and 'as available' basis. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement.
(b) We do not warrant or represent that (i) the site will meet your requirements, (ii) the site will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the site will be accurate or reliable, (iv) the quality of any products, services, or information, or other material purchased or obtained by you through the site or that such items will meet your expectations, (v) the serverthat makes the site available is free of viruses or other harmful components; or (vi) any errors in the software or the site will be corrected.
(c) Any material downloaded or otherwise obtained through the use of the site is downloaded or obtained at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the downloading or obtaining of any such material. You (and not us or any of our licensors or suppliers) assume the entire cost of all necessary servicing, repair or correction.
(d) No advice or information, whether oral or written, obtained by you from us or through or from the site shall create any warranty not expressly stated in these terms and conditions of use.
Limitation of Liability
We shall not be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use or the inability to use the site or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the site or resulting from unauthorized access to or alteration of your transmissions of data, including but not limited to, damages for loss of profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states liability is limited to the fullest extent permitted by law.
If you are dissatisfied with any portion of the service, or with any of these terms of use, your sole and exclusive remedy is to discontinue using this site and its related web sites.
Waiver of Jury Trial
The parties hereby irrevocably waive any and all right to trial by jury in any legal proceeding arising out of or relating to this agreement or the transactions contemplated hereby.
Indemnification
You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Materials you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of these Terms and Conditions of Use, or your violation of any rights of another person.
Export Control
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act and not to transfer, by electronic transmission or otherwise, any Content derived from the Site to either a foreign national or a foreign destination in violation of such laws.
Links to Third Party Sites
This Site may contain links to other Internet sites on the World Wide Web. We provide such links for your convenience only, and are not responsible for the content of any site linked to or from this Site. Links from this Site to any other site do not mean that we approve of, endorse or recommend that site, other than the sites of affiliates. We disclaim all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against us with respect to such other sites.
Submissions
If you send any communications or materials to the Site by electronic mail or otherwise, including any comments, data, questions, suggestions or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Thus, you give up any claim that any use of such material violates any of your rights including moral rights, privacy rights, proprietary or other property rights, publicity rights, rights to credit for material or ideas, or any other right, including the right to approve the way we use such material. Any material submitted to this Site may be adapted, broadcast, changed, copied, disclosed, licensed, performed, posted, published, sold, transmitted or used by us anywhere in the world, in any medium, forever. Furthermore, we are free to use, without any compensation to you, any concepts, ideas, know-how or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information. However, you understand and agree that we are not obligated to use any such ideas or materials and you have no rights to compel such use.
Applicable Law
These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to these terms will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
International Use
We make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.
Termination
We may terminate your access, or suspend any user's access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or us.
General Information
These Terms and Conditions of Use constitute the entire agreement and understanding between you and us, superseding any prior agreements and understandings, and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the Terms and Conditions of Use are for convenience only and have no legal or contractual effect.
You and The Broadway Kids™ are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms and Conditions of Use.
Any rights not expressly granted herein are reserved by us.
Modification of Agreement
Notice of all changes to these Terms and Conditions of Use will be posted on the Site. If you do not agree with the changes in these Terms and Conditions of Use, your sole remedy is to discontinue the use of the Site. By using this site after we post any changes to these terms and conditions of use, you thereby agree to accept those changes.
Any inquiries concerning these terms and conditions of use should be directed to Webmaster@thebroadwaykids.com |
