1. Who We Are. Key Brand Entertainment Inc. ("KBE"), and its affiliated companies, are the premier producer and distributor of live-theater in North America ("Us", "We", "Our"). KBE's key assets include, Broadway Across America (broadwayacrossamerica.com) Our theatrical touring business ("BAA"), and Broadway.com, Our live-theater information and ticket website.
2. Why We Have Instituted These Terms and Conditions. KBE has created these Terms and Conditions ("Terms") to be as transparent as possible with regard to how we operate our businesses online and what we expect from our customers when using our web sites. These Terms apply to all users of our web sites, our mobile application(s) (e.g. iPad app), Our services available via telephone and those transactions that take place in person, by postal or electronic mail (collectively, "Site", "Sites" or "Our Sites").
3. Where this Terms Applies.Transactions that transpire on Our Sites occur within the United States of America ("USA"). These Terms apply to laws and regulations of the USA. KBE makes no representation or warranty that Our Sites or services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as "Nation"). Those who access and use Our Sites from another Nation does so at his or her own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which Our Sites are accessed. Your use of Our Sites is Your acknowledgement that Our Sites and the products and services rendered by Us are subject to the laws and regulations of the USA, and You specifically waive any right to pursue claims that may arise under the laws of Your home Nation or the Nation from which You access this Site.
We reserve the right to change, modify, add, or remove ("Change") provisions of these Terms and We will endeavor to notify You of any such Change by posting a notice conspicuously in one of more of the following places: the home page of all of Our websites or the opening screen of any mobile device to which these Terms apply. Any such Change shall be effective immediately. Please check back from time to time to ensure continuing familiarity with the most current version of Our Terms. You can determine whether these Terms have been revised since your last visit by referring to the "Last Updated" legend at the bottom of this page.
4. Your Consent. Please read these Terms carefully. Your use of this Site constitutes your acceptance of these Terms without limitation, qualification or change. Your continued use of Our Sites or Our non-electronic services (e.g. in-person box office sale) is Your consent to be bound by these Terms and Your promise to abide by the practices we describe herein, in our printed materials, and in other places on Our Sites. If you do not agree with these Terms or any other term on our Sites, or in our printed materials, do not use Our services or Sites.
5. Limited License. We grant to You a non-exclusive, limited, revocable right and license ("License") to visit and use Our Sites, provided you agree to comply with these Terms and the other policies and conditions governing Your use of the Sites. Nothing in this License, or in the Sites, shall be construed as granting you any other rights or privileges with respect to the Sites or its content. In addition, we may terminate your right to access or otherwise use the Sites at any time, without giving you notice.
6. Restrictions on the Use of Our Content.We provide information on the Sites for your personal and noncommercial use only. You may not copy, modify, distribute, display, perform, create derivative works from or transfer any of the content on Our Sites (except for your own personal, non-commercial use). Our Sites are to be used solely for lawful purposes. It is incumbent upon You to assure that Your use of Our Sites complies with all applicable local, state and federal laws of the US. You may not disrupt, modify or interfere with the Sites or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others. You may not download any of the content found on this Site and use it for any public display, performance, sale or rental; or transfer, remove, modify or alter any trademark, copyright or other proprietary content from this web site, or copy any content for a purpose prohibited by these Terms. You agree that you will not use any automatic device, software or routine including, without limitation, any robots, spiders, web bots, web wanders, crawlers, worms or web ants or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of this web site. In addition, You agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect our Site or to enforce our policies, including without limitation, the "CAPTCHA" system used on this Site and limits on ticket purchases. You agree not to attempt to conceal Your identity by using multiple Internet Protocol ("IP") addresses or email addresses to purchase tickets on the Site. If You violate these Terms (or if we in our sole discretion believe You have violated any of these Terms), we may terminate Your use of the Site, bar any future use of the Site by You (and by any IP addresses we believe to be associated with Your use of the Site), cancel Your purchase order or take appropriate legal action against You including, without limitation, seeking civil, criminal and injunctive redress.
7. Linking. At times, we or third parties may provide You with hypertext links to other web sites. Unless otherwise stated, we do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products or services provided by such web sites. You acknowledge and agree that KBE shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with Your use of or reliance on such other web site(s), or the contents, information, products or services provided on any such web site(s).
You may not link Your Site to any of Our web pages without Our prior express written permission. In addition, You may not frame on another web site any information located on Our Sites without Our prior express written consent. You may request such consents by sending an e-mail request to info @broadway.com. You agree that if We grant permission to You to link to Our Sites, You may not link any web page that (i) violates any applicable law or regulation, (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions.
8. Intellectual Property. Broadway.com® and Broadway Across America ® are registered trademarks of Key Brand Entertainment Inc. Other trademarks appearing on the Sites are the property of their respective owners. You may not publicly use any trademarks owned by us without our express written permission. The contents of Our Sites, such as text, graphic images and other materials (the "Works") are protected under U.S. and foreign copyright law. The Works may include text, software, graphics, photographs, videos, music and sound. In addition, the aggregated contents of these Sites are copyrighted as a collective work and/or compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. Unless specifically stated herein or elsewhere on Our Sites, Your use of our Sites does not give rise to any express or implied right to any of our trademarks, copyrights or other intellectual property or proprietary rights. You may request such permission to use of our trademarks, copyrights or other intellectual property or proprietary rights by sending an e-mail request to email@example.com. In the event that we grant You such permission, You will not gain any legal rights to Our intellectual property or proprietary information.
10. Limitation of Liability. KBE will not under any circumstances be liable to You for any consequential, incidental or special damages (including but not limited to lost profits) arising out of Your use of Our Sites, even if apprised of the likelihood of such damages occurring, and regardless of the legal theory upon which any alleged damages are premised. Notwithstanding the foregoing, KBE's liability is limited to the actual cost of any product or service purchased by You though Our Sites. 11. Indemnity. We may make claims against You for Your use of Our Sites that violates applicable laws, rules or regulations and/or Our policies posted on Our Sites. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of or in connection with Your use of Our Sites, Your use of Our Sites which violates any law, rule or regulation, Your use of Our Sites which violates any third party right.
12. Alternative Dispute Resolution.
A. Procedure. The Parties agree that any and all disputes, claims or controversies arising out of or related to this Terms or Your use of Our Sites shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association ("AAA"). Your use of Our Sites is Your consent to the sole and exclusive personal jurisdiction of the AAA sitting in New York County, New York.
B. Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator's authority to resolve disputes and to make awards is limited to disputes between the Parties alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to this the arbitration. You specifically waive any right to be a member of a class action lawsuit for any claim You allege arising from the use of Our Sites.
13. Contacting Us Regarding Our Sites. If You have any questions concerning this Terms, You may send them by email to firstname.lastname@example.org. Please note that email communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your email correspondence with us. You must send any official correspondence via US postal mail to:
Key Brand Entertainment Inc.
1619 Broadway, 9th Floor
New York, New York 10012
Attention: General Counsel
14. Your California Privacy Rights.If You are a California resident, You have the right to request information about how we share certain categories of personal information with third parties. California law gives You the right to send us a request at a designated address to receive the following information:
A. the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
B. the names and addresses of the third parties that received that information; and
C. if the nature of the third party's business cannot be determined from their name, examples of the products or services marketed.
Any question you may have regarding these Terms should be made in writing and sent to, email@example.com.
Last Updated: October 25, 2011
© 2011 Key Brand Entertainment Inc. All Rights Reserved.