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TERMS AND CONDITIONS OF USE
Welcome to the Internet Sites of MTI Enterprises, Inc. d/b/a Music Theatre
International™ and MTI's 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 Collection 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.
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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