Terms & Conditions
BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE. If you do not agree to THESE TERMS, please do not access or otherwise use the Site.
Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. And if you decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to you. In addition, some areas of the Site are provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.
Minors: This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to this Site by anyone under 13 is unauthorized, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 13 or older. If we learn that you are less than 13 years old, among other things, your profile on the Site will be removed and your membership will be terminated without warning.
If you are not of an age old enough to enter into contracts in your state (i.e., a "minor"), you need to review these Terms with your parent or guardian before using this Site. If your parent or guardian does not agree to be bound by these Terms as applied to you, then you are not authorized to access or use this Site for any purpose.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. 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.
Some services offered on the Site that are accessible upon the submission of a proper application, including without limitation the granting of performance licenses and/or the purchase of Broadway Junior ShowKit™ or any other MTI Theatrical Resources, are limited to authorized users which are 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.
As between you and MTI, and except for your Submitted Materials (as defined below), MTI owns, solely and exclusively, all rights, title and interest in and to the Site, all the content available on or through the Site (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, webcasts, RSS feeds, podcasts, graphics, logos, information, games, widgets, gadgets, applets, and other video or audiovisual materials), software, data and other materials available on or through the Site (collectively, the "Site Content"), the look and feel, design and organization of the Site, and the compilation of the Site Content thereon, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to the Site, any Site Content or any other part of the Site.
Subject to the terms and conditions set forth in the Terms, MTI grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site Content on your computer or other Internet-capable device, provided that you comply fully with these Terms. The Site and Site Content are solely for your personal, educational and noncommercial use. Any commercial use, distribution, publishing or exploitation of the Site or any Site Content is not allowed unless you have received the express prior written permission of MTI or the other applicable rights holder. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Site unless explicitly authorized in these Terms or by the owner of the materials.
The trademarks, logos, service marks and trade names (collectively the "Trademarks") that may be displayed on the Site or in any Site Content are registered and unregistered Trademarks of ours and other third parties and may not be used unless expressly authorized by the Trademark owner. For example, MUSIC THEATRE INTERNATIONAL, MTISHOWSPACE.COM, MTI-TV.COM, MTISHOWS.COM and all of our other trademarks, logos, service marks, trade names, graphics, designs, page headers, button icons, scripts and service names are the registered and unregistered trademarks or trade dress of Music Theatre International. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site unless you have received the express prior written permission of MTI or the other applicable rights holder.
You are responsible for all activity occurring when this site is accessed through your account, whether authorized by you or not. Therefore, if you create an account, be sure to protect the confidentiality of your account password. We are not liable for any loss or damage arising from your failure to protect your password or account information.
MTI DOES NOT PRE-SCREEN OR APPROVE USER PROFILES, AND CANNOT GUARANTEE THAT A USER PROFILE WAS ACTUALLY CREATED AND IS BEING OPERATED BY THE INDIVIDUAL OR ENTITY THAT IS THE SUBJECT OF THE PROFILE. MTI IS NOT RESPONSIBLE FOR THE CONTENT OF ANY USER PROFILE, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH PROFILE, INCLUDING HOW THE OWNER OF THE PROFILE COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS. YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH THE SITE.
By submitting, uploading or posting Submitted Materials on or to the Site, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site for MTI or its affiliate's use in accordance with these Terms, and that any "moral rights" in the Submitted Materials have been waived; and (ii) you grant to MTI (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Site), products or services in any form, media, or technology now known or later developed. MTI cannot be responsible for maintaining any Submitted Material that you provide to MTI, and MTI may delete or destroy any such Submitted Material at any time.
If you choose to deactivate your account on the Site (in accordance with these Terms), any Submitted Materials remaining on the Site shall continue to be available to users of the Site and others. If you wish to make Submitted Materials unavailable after you deactivate your Site account, please delete them from the Site before you deactivate.
Rules of Conduct
While accessing or using the Site, the Site Content and the various other features available on the Site, in addition to any other supplementary terms and conditions that may be posted or otherwise made available on the Site, you agree that you shall not:
- impersonate any person or entity or misrepresent your affiliation with any other person or entity;
- insert your own or a third party's advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on the Site (including, for example and without limitation, in an RSS feed or podcast received from MTI or otherwise through the Site), or into any of your Submitted Materials that you may submit on the Site;
- use, redistribute, republish or exploit any part of the Site or any Site Content for any commercial or promotional purposes, or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Site;
- alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;
- obtain or attempt to gain unauthorized access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;
- engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
- use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, such as sending mass unsolicited messages or "flooding" servers with requests;
- circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else's attempt to do any of the foregoing) the Site or its services or any software on the Site;
- take any action that would constitute or could be interpreted as an endorsement or sponsorship by MTI of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;
- upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;
- upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or
- use the Site or any Site Content, in whole or in part, in violation of any applicable law.
The Site may include certain features that allows users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, wikis, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the "Forums"). All of these Terms (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the Site), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Site in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information or content in your submissions to the Forums.
Right to Monitor and Editorial Control
MTI reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Site (including, without limitation, the Forums). MTI is not responsible for any such materials. MTI is not the publisher of user posts, and is not responsible for their accuracy or legality. However, MTI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MTI's sole discretion, are objectionable or in violation of these Terms, MTI's policies or applicable law. MTI may also impose limits on certain features or restrict your access to part or all of the Site, without notice or penalty, if MTI believes you are in breach of these Terms or applicable law, or for any other reason without notice or liability.
You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.
Orders for Products and Services
We may invite you to make an offer to acquire certain products and services for purchase from the Site. You may only make such offers for products or services if, and you hereby represent and warrant that, you are domiciled in the United States and you are 18 years old (or the age of majority in your jurisdiction) or older. If we accept your offer, you agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to MTI. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products and services that you may be able to purchase or download on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
Linking to the Site
You agree that, without the prior express permission of MTI: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that a the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any the Site signifies that you have read the restrictions described herein and agree to abide by their terms. MTI may, in its sole discretion, insist that any link to the Site be discontinued, and MTI may revoke your right to link to the Site from any other web site at any time upon written notice to you.
Third Party Web Sites
Exclusions from Arbitration
YOU AND WE AGREE THAT ANY CLAIM FILED BY EITHER PARTY IN SMALL CLAIMS COURT IS NOT SUBJECT TO THE ARBITRATION TERMS CONTAINED IN THIS SECTION. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
RIGHT TO OPT OUT OF BINDING ARBITRATION AND CLASS ACTION WAIVER
IF YOU DO NOT WISH TO BE BOUND BY THE BINDING ARBITRATION AND CLASS ACTION WAIVER IN THIS SECTION, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THIS AGREEMENT. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO MUSIC THEATRE INTERNATIONAL, 421 WEST 54TH STREET, NEW YORK, NY 10019 BY CERTIFIED MAIL RETURN RECEIPT REQUESTED AND MUST INCLUDE: (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR ACCOUNT INFORMATION, IF YOU HAVE ONE, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION.
Notice of Dispute; Negotiation
IF YOU HAVE A DISPUTE WITH US, YOU MUST SEND WRITTEN NOTICE TO MUSIC THEATRE INTERNATIONAL, 421 WEST 54TH STREET, NEW YORK, NY 10019 TO GIVE US THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION.
You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If we do not resolve your Dispute within 60 days from receipt of notice of the Dispute, either party may pursue a claim in arbitration pursuant to the terms of this Section.
Initiation of Arbitration Proceeding
If you or we have a Dispute with such party elects to resolve through arbitration, the party initiating the arbitration proceeding shall initiate it with the American Arbitration Association ("AAA") under its rules and procedures, as modified by this Section. The AAA's rules are available at www.adr.org. A form for initiating arbitration proceedings is available on the AAA's site at http://www.adr.org. In addition to filing this form with the AAA in accordance with its rules and procedures, you must send a copy of the completed form to us at the following address to initiate arbitration proceedings: [ ].]
You and we agree to treat the arbitration proceedings and any related discovery confidential. The terms of this Section govern in the event they conflict with the rules of the AAA.
Location of Arbitration
The arbitration proceedings shall be held in New York County, New York, unless you can demonstrate that arbitration in New York County would create an undue burden to you. If you can demonstrate that arbitration in New York County would create an undue burden to you, we may allow you to initiate the arbitration in your home state.
Class Action Waiver
YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND WE SPECIFICALLY AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER SITE USERS.
If any clause within this Section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Section, and the remainder of this Section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Section will be unenforceable, the Dispute will be decided by a court, and you and we each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.
This Section shall survive any termination of the provision of the associated services to you.]
DISCLAIMER OF WARRANTIES
THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, FORUMS, CONTENT, FUNCTIONS, DOWNLOADS AND MATERIALS, ARE PROVIDED "AS IS," "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, CORRECTNESS, PRECISION, THOROUGHNESS, COMPLETENESS OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND MTI HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. MTI DOES NOT WARRANT THAT THE SITE, THE SERVICES, THE FORUMS OR THE SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED IN A TIMELY MANNER OR AT ALL. MTI MAKES NO WARRANTY THAT THE SITE, IN WHOLE OR IN PART, WILL MEET USERS' REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MTI, OR FROM OR THROUGH THE SITE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. MTI ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OR UPLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOU SHOULD DISCONTINUE USING THE SITE. MTI DOES NOT NECESSARILY ENDORSE, SUPPORT, SANCTION, ENCOURAGE OR AGREE WITH ANY SITE CONTENT OR ANY SUBMITTED MATERIALS, OR ANY OPINION, RECOMMENDATION, CONTENT, LINK, DATA OR ADVICE EXPRESSED OR IMPLIED THEREIN, AND MTI EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH SUBMITTED MATERIALS AND ANY OTHER CONTENT, MATERIALS OR INFORMATION AVAILABLE ON OR THROUGH THE SITE CREATED OR PROVIDED BY USERS OR OTHER THIRD PARTIES. USE OF THE SITE, CREATION OF AN ACCOUNT OR THE SUBMISSION OF ANY SUBMITTED MATERIALS DOES NOT GUARANTEE ACCEPTANCE OR USE THEREOF.
WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, MTI AND ITS AFFILIATES, SUPPLIERS AND LICENSORS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING ANY PRODUCTS OR SERVICES ORDERED OR PROVIDED VIA THE SITE, AND HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH MTI OR ITS AGENTS. ANY PRODUCTS AND SERVICES ORDERED OR PROVIDED VIA THE SITE ARE PROVIDED BY MTI (OR ITS LICENSORS OR THIRD PARTY PROVIDERS OR SUPPLIERS) "AS IS", EXCEPT TO THE EXTENT, IF AT ALL, OTHERWISE SET FORTH IN A LICENSE OR SALE AGREEMENT SEPARATELY ENTERED INTO IN WRITING BETWEEN YOU AND MTI OR ITS LICENSOR OR SUPPLIER.
IF YOU PURCHASE A PRODUCT OR SERVICE FROM A THIRD PARTY AFTER FOLLOWING AN AD OR LINK ON OUR SITE, THE TERMS OF SALE FOR YOUR PURCHASE ARE BETWEEN YOU AND THE THIRD PARTY FROM WHOM YOU MADE THE PURCHASE. WE ARE NOT RESPONSIBLE FOR SUCH THIRD PARTY PRODUCTS OR SERVICES OR FOR DISPUTES BETWEEN YOU AND THEIR SELLERS.
THESE DISCLAIMERS APPLY TO US AND OUR AFFILIATED AND RELATED COMPANIES AS WELL AS THIRD PARTIES THAT ARE INVOLVED IN THE CREATION, PRODUCTION OR DISTRIBUTION OF THE SITE, AND ANY OF THEIR EMPLOYEES AND AGENTS.
LIMITATION OF LIABILITY
IN NO EVENT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL MTI, OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE "PROTECTED ENTITIES") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE CONTENT, MATERIALS AND FUNCTIONS OF OR RELATED THERETO, YOUR PROVISION OF INFORMATION OR CONTENT VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED ENTITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE PROTECTED ENTITIES BE RESPONSIBLE OR LIABLE FOR OR IN CONNECTION WITH ANY DISPUTE BETWEEN OR AMONGST USERS OF THE SITE, OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OR YOUR USE OF THE SITE EXCEED, IN THE AGGREGATE, THE GREATER OF (A) THE AMOUNT(S), IF ANY, PAID BY YOU TO MTI FOR YOUR USE OF THE SITE, OR (B) TEN DOLLARS ($10). ALL USERS OF THIS SITE UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS WITHOUT THESE LIMITATIONS ON LIABILITY.
The Site is intended for users who are located in the United States of America. MTI does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from the Site is further subject to United States export controls. No software from the Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, North Korea, Sudan, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders; or (iii) in any other manner that violates U.S. law. By downloading or using any such software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Termination; Account Deactivation
MTI may terminate, change, suspend or discontinue any aspect of the Site at any time. MTI may restrict, suspend or terminate your access to the Site, to any Site Content and/or its services if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. MTI maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights. Users who wish to deactivate their Site account should contact a Site administrator at email@example.com.
The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
These Terms and the relationship between you and MTI shall be governed by the laws of the United States and the State of New York without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the State of New York, County of New York. You agree to submit to the personal and exclusive jurisdiction of the courts located within New York County in the State of New York. MTI's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 these Terms remain in full force and effect. These Terms, together with any documents incorporated herein, as well as all other policies, guidelines and procedures published by MTI on the Site, contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site.
We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to MTI's Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (the "DMCA"), named below:
- Your address, telephone number, and email address;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the alleged infringing material is located;
- 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;
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
- 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.
Music Theatre International
421 West 54th Street
New York, NY 10019
Phone: (212) 541-4684
Fax: (212) 397-4684
Terms and Conditions Applicable to Community Marketplace
AGREEMENT TO TERMS: MTI Community Marketplace, owned and operated by MTI L.P. ("MTI"), is a service through which you may list or search for show specific items. Your participation in MTI Community Marketplace is subject to these additional terms.
YOUR RELEASE AND WAIVER: You understand and agree that MTI provides a platform for sellers to list items and buyers to search for and purchase items in connection with MTI Community Marketplace. MTI is not involved in the actual transaction between buyers and sellers. MTI does not screen or control users who may sell or buy items, nor does MTI review or authenticate all listings or items offered for sale. MTI does not specifically approve, advocate or endorse any of the products or services listed on Community Marketplace.
Because MTI is not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release MTI and its affiliates (and their respective officers, directors, agents and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which provides: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." Also, as MTI is acting only as a platform, MTI is not responsible for the collection and remittance of any federal, state or local taxes. Buyers and sellers are responsible for all tax related issues that may arise.
LEGAL COMPLIANCE: You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of MTI Community Marketplace and your listing of, purchase of, and sale of any and all items.
INVALIDITY OF SPECIFIC TERMS: If any provision of these additional terms or any document incorporated by reference 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 such documents remain in full force and effect.
LOCATION OF LAWSUIT: By participating as a buyer or seller in MTI Community Marketplace, you agree to submit to the personal and exclusive jurisdiction of the courts located within the county of New York, New York in connection with any action brought by or against MTI.
Effective Date: November 20, 2015