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Terms & Conditions of Use
Welcome to the Internet Sites of Custom Plays & Musicals.com and Play a Part Studio (collectively, “we,” “us” or “our”).
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS Custom Plays & Musicals Site. By using any Custom Plays & Musicals 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 Custom Plays & Musicals 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 Custom Plays & Musicals Site following the posting of changes to these terms will mean you accept those changes. Any rights not expressly granted herein are reserved to Custom Plays & Musicals.
RESTRICTIONS ON USE OF MATERIALS
All materials and content contained in any Custom Plays & Musicals Site, including without limitation all text, data, images of any kind, audio, video, site design, and software (collectively, “Content”), are the copyrighted property of Custom Plays & Musicals, or its subsidiaries or affiliated companies and/or third-party owners. All trademarks, logos, service marks, trade names and trade dress are proprietary to Custom Plays & Musicals, 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 Custom Plays & Musicals 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 Custom Plays & Musicals’s express written permission.
RESTRICTED SERVICES
Some services offered on the Custom Plays & Musicals Sites upon the submission of a proper application, including without limitation the granting of performance licenses and/or the purchase of Broadway Junior Showkits ® or any other theatrical resources, are limited to authorized users approved by Custom Plays & Musicals. 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 Custom Plays & Musicals 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 Custom Plays & Musicals Site. If you participate in any Exchange within an Custom Plays & Musicals 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.
Custom Plays & Musicals 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 Custom Plays & Musicals as non-confidential and non-proprietary. However, it is our policy to respect the privacy of all users of the Custom Plays & Musicals 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 Custom Plays & Musicals 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 Custom Plays & Musicals 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.
LINKS TO OTHER SITES
Custom Plays & Musicals Sites may contain links that result in your leaving the Custom Plays & Musicals website. Custom Plays & Musicals provides links to other sites only as a convenience. The linked sites are not under the control of Custom Plays & Musicals and Custom Plays & Musicals is not responsible for the contents of any linked site, any link contained in the linked site, or any changes or updates to such sites. The inclusion of any link does not imply endorsement by Custom Plays & Musicals of the site.
DISCLAIMER
THE MATERIALS IN THIS Custom Plays & Musicals 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 Custom Plays & Musicals Site WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY Custom Plays & Musicals 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 Custom Plays & Musicals 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 Custom Plays & Musicals Site
You should be aware that when you are on a Custom Plays & Musicals Site, you could be directed to other sites that are beyond our control. There are links to other sites from Custom Plays & Musicals pages that take you outside of our service and links to the Custom Plays & Musicals Sites from other sites not controlled by Custom Plays & Musicals. We reserve the right to disable unauthorized links from third-party sites to any Custom Plays & Musicals Site. Custom Plays & Musicals 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 Custom Plays & Musicals Site. THE INCLUSION OF A LINK TO SUCH WEB SITES DOES NOT IMPLY AN ENDORSEMENT BY Custom Plays & Musicals. 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 Custom Plays & Musicals 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 Custom Plays & Musicals FOR ANY SERVICES OR MERCHANDISE OFFERED ON THE Custom Plays & Musicals 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 Custom Plays & Musicals 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 Custom Plays & Musicals Site are appropriate or available for use in any particular location. Those who choose to access a Custom Plays & Musicals 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.
Custom Plays
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