Manhattan Theatre Club
Terms and Conditions of Use
Thank you for visiting the Manhattan Theatre Club ("MTC")
site. This site is designed to allow visitors to learn more about MTC,
its plays, musicals and other programs and to receive useful information
about MTC productions. MTC provides its information and services to you
subject to the following terms and conditions.
Please read carefully the following terms and conditions
relating to your use of this site. By using this site, you are deemed
to have agreed to these terms and conditions of use. We reserve the right
to modify them at any time. By using this site after we post any changes
to these terms and conditions, you agree to accept those changes. We may
in our sole discretion change some or all of our services at any time.
Privacy Policy
Please see our full Privacy Policy for
information regarding our privacy practices.
Copyright Notice
All text, images, graphics, sounds and software code ("Content")
on this Website are copyright property of MTC and its programmers unless
otherwise noted. They may only be used for the personal education of Website
visitors. They may not be placed in the public domain. You may not reproduce,
redistribute, publish or otherwise use by electronic or any other means
any of the Content without our prior written consent.
Trademarks
"Manhattan Theatre Club" and other marks indicated
on our site are service marks of MTC. They may not be used or displayed
without the prior written consent of MTC. All other trademarks, product
names and company names and logos appearing on MTC are the property of
their respective owners.
User’s Obligations and Eligibility
In consideration of your use of the site, you agree to:
(a) provide true, accurate, current and complete information about yourself
and (b) maintain and promptly update the information you supply to us
to keep it true, accurate, current and complete.
Our services are only available to individuals who can form legally binding
contracts under applicable law. Our services are not available to minors.
If you do not qualify, please do not use our services.
Links to Third Party Sites
This site may contain links to other Internet sites on
the World Wide Web. MTC provides such links for your convenience only,
and is 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 MTC approves
of, endorses or recommends that site, other than the sites of affiliates.
MTC disclaims 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 MTC with respect to such
other sites.
Termination
MTC may terminate your access, or suspend any user’s
access to all or part of MTC, without notice or recourse, for any conduct
that MTC, in its sole discretion, believes is in violation of any applicable
law or is harmful to the interests of another user, a third-party provider,
a service provider, or MTC.
Disclaimers
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, MTC EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) MTC DOES 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 WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT
MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS,
AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH
THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT
MTC OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE 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 MTC OR THROUGH OR FROM THE SITE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
MTC AND ITS AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS,
PARTNERS AND EMPLOYEES 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, 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 MTC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
BECAUSE SOME JURISDICTIONS 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 MTC, and its affiliates,
board of trustees, 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 Content you submit,
post to or transmit through the site, your use of the site, your connection
to the site, your violation of the terms of service, or your violation
of any rights of another.
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 any use of the MTC site 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
MTC makes 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.
Notices
All notices provided for under this Agreement are to be
provided by e-mail. As set forth above, it is your sole responsibility
to ensure the accuracy and reliability of the e-mail address that you
provide, and all of MTC’s notice delivery obligations shall be deemed
completed upon the transmission of the e-mail notice from MTC’s
computer systems, whether or not such notices are in fact received by
you. Any e-mail sent to MTC shall be deemed received by MTC at the time
such notice is actually received on any MTC computer system.
General Information
These Terms of Use and the MTC Privacy Policy constitute
the entire agreement and understanding between you and MTC, 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 and Conditions of Use
must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
You and MTC are independent contractors, and no agency,
partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this agreement.
Copyright Complaints
We respect the intellectual property of others, and we
ask our users to do the same. If you believe that your work has been copied
and is accessible on the site in a way that constitutes copyright infringement,
you may notify us by providing our copyright agent the following information:
(1) an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright interest;
(2) a description of the copyrighted work that you claim
has been infringed;
(3) identification of the URL or other specific location
on the site where the material that you claim is infringing is located;
(4) your address, telephone number, and e-mail address;
(5) 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;
(6) 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 authorized to act on the copyright owner’s
behalf.
Our agent for notice of claims of copyright infringement
on the site can be reached as follows:
Ryan M. Klink
Manhattan Theatre Club
311 West 43rd Street, 8th Floor
New York, NY 10036
212-399-3000 ext. 134
rklink@mtc-nyc.org
Any rights not expressly granted herein are reserved.
Any inquiries concerning these terms and conditions of use should be directed
to questions@mtc-nyc.org.
Manhattan Theatre Club
311 West 43rd Street, 8th Floor
New York, NY 10036
| 
