Terms of Use Thank you for visiting the website of The New 42nd Street, Inc. and/or the website of its affiliated projects, including The New 42nd Street Studios, The Duke on 42nd Street and The New Victory Theater (The New 42nd Street, Inc. and its projects, collectively, “New 42”, and all websites of New 42, collectively, the “New 42 Sites”). The New 42 Sites are designed to allow visitors to learn more about New 42 and its projects, including shows, workshops and other programs and to receive useful information about New 42 presentations. New 42 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 the New 42 Sites. By using any one of the New 42 Sites, 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 any of the New 42 Sites 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 New 42 and its programmers unless otherwise noted. They may only be used for the personal education of visitors to the New 42 Sites. 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 “New 42nd Street”, “New Victory” “New Victory Theater” “The New 42nd Street Studio”, “The Duke on 42nd Street”, “School Tool”, “Arts Break” and other marks indicated on the New 42 Sites are service marks of New 42. They may not be used or displayed without the prior written consent of New 42. All other trademarks, product names and company names and logos appearing on New 42 are the property of their respective owners. User’s Obligations and Eligibility Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to individuals under the age of 18. If you do not qualify, please do not use our services. In consideration of your use of the New 42 Sites, 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. Links to Third Party Sites The New 42 Sites may contain links to other Internet sites on the World Wide Web. New 42 provides such links for your convenience only, and is not responsible for the content of any site linked to or from the New 42 Sites. Links from the New 42 Sites to any other site do not mean that New 42 approves of, endorses or recommends that site, other than the sites of affiliates. New 42 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 New 42 with respect to such other sites. Termination New 42 may terminate your access, or suspend any user’s access to all or part of the New 42 Sites, without notice or recourse, for any conduct that New 42, 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 New 42. Disclaimers YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE NEW 42 SITES IS AT YOUR SOLE RISK. THE NEW 42 SITES ARE PROVIDED ON AN “AS IS” AND”AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NEW 42 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) NEW 42 DOES NOT WARRANT OR REPRESENT THAT (i) THE NEW 42 SITES WILL MEET YOUR REQUIREMENTS, (ii) THE NEW 42 SITES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE NEW 42 SITES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE NEW 42 SITES WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE NEW 42 SITES 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 NEW 42 SITES 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 NEW 42 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 NEW 42 OR THROUGH OR FROM THE NEW 42 SITES 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 NEW 42 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 NEW 42 SITES 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 NEW 42 SITES 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 NEW 42 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 THE NEW 42 SITES AND ANY 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 New 42, 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 New 42 Sites, your use of the New 42 Sites, your connection to the New 42 Sites, 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 New 42 Sites 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 New 42 makes no representation that materials on the New 42 Sites 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 the New 42 Sites 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 New 42’s notice delivery obligations shall be deemed completed upon the transmission of the e-mail notice from New 42’s computer systems, whether or not such notices are in fact received by you. Any e-mail sent to New 42 shall be deemed received by New 42 at the time such notice is actually received on any New 42 computer system. General Information These Terms of Use and the New 42 Privacy Policy constitute the entire agreement and understanding between you and New 42, superseding any prior agreements and understandings, and govern your use of the New 42 Sites. 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 New 42 Sites 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 New 42 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 New 42 Sites 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 New 42 Sites 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 New 42 Sites can be reached as follows: Lauren Fitzgerald The New 42nd Street 229 West 42nd Street, 10th Floor New York, New York 10036 Any rights not expressly granted herein are reserved. Any inquiries concerning these terms and conditions of use should be directed to Info@New42.org. The New 42nd Street 229 West 42nd Street, 10th Floor New York, New York 10036
