Terms of Use

Please read these terms and conditions carefully. By accessing and using this site, <applauseny.com> (also <broadwaybabies.com>, <broadwaysuperstars.com>, or <broadwayapplause.com>), (the "Site") and any pages thereof, you agree to be bound by the terms and conditions below. If you do not agree to the terms and conditions below, do not access or use this Site, or any pages thereof.

The public access areas of this Site are purely informative in nature, and are a service of Applause Theatrical Workshops and its affiliates and subsidiaries (collectively, "Applause"). The Site describes the nature of Applause's activities and provides informative materials aimed at educating users, subject to the conditions described below, on the Site. Such descriptions are provided only to assist users in understanding products and services offered by Applause and such descriptions do not replace or supercede the actual terms and conditions applicable to each such product or service.

Copyright © Applause Theatrical Workshops 2008. All rights reserved.

Except as otherwise noted on the Site, Applause owns all rights on this Site, including but not limited to, pages, screens, text, images, policies and the general "look and feel" (collectively, "Content") used on the Site. The posting of Content does not constitute a waiver of any of Applause's proprietary rights in or related to such Content (such as, but not limited to, patents, copyrights and trademarks) or a transfer of any such rights to users or any third-party. The Content may not be distributed, used or modified in any way without the express permission of Applause. Any unauthorized use, distribution or alteration of the protected material, including policies, will result in a violation of US and international copyright laws and is strictly prohibited. Certain Content may be presented in a format employing encryption security or other technology designed to prevent the downloading of such Content. Anyone who defeats these security measures will be in violation of the Digital Millennium Copyright Act. See Pub. L. No. 105-304, 112 Stat. 2860 (1998).

Trademarks

Applause Theatrical Workshops, Broadway Babies, Broadway Superstars, and Broadway Applause are trademarks and service marks of Applause Theatrical Workshops. Applause and its subsidiaries also claim rights in certain other trademarks and service marks contained in these web pages, and all goodwill related thereto.

Use of Informational Materials

The information and materials contained in these pages, and the terms, conditions, and descriptions that appear, are subject to change. Unauthorized use of Applause's web sites and systems including but not limited to unauthorized entry into Applause's systems, misuse of passwords, or misuse of any information posted on a site is strictly prohibited. Not all services are available in all geographic areas. Your eligibility for particular services is subject to final determination by Applause and/or its affiliates.

Links

This site may contain links to web sites controlled or offered by third parties (non-affiliates of Applause). Applause hereby disclaims liability for, any information, materials, products or services posted or offered at any of the third party sites linked to this web site. By creating a link to a third party web site, applause does not endorse or recommend any products or services offered or information contained at that web site, nor is applause liable for any failure of products or services offered or advertised at those sites. Such third party may have a privacy policy different from that of applause and the third party website may provide less security than the applause site.

Any links to the Site from other web sites must (i) receive prior approval in writing by Applause, (ii) link to the homepage of the Site, (iii) not display the content of the Site within a border or frame controlled by or displaying the content of the linking page, and (iv) be promptly removed at the request of Applause.

No Warranty

Applause does not guarantee that access to the site, the content, or information posted on the site will be uninterrupted, that the site will be free of viruses or that the site cannot be tampered with or maliciously accessed by third-parties. The information and materials contained in this site, including text, graphics, links or other items are provided "as is", "as available". Applause does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for errors or omissions in this information and materials. No warranty of any kind, implied, expressed or statutory including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer viruses, is given in conjunction with the information and materials.

Limitation of Liability

In no event will applause be liable for any damages, including without limitation direct or indirect, special, incidental, or consequential damages, losses or expenses arising in connection with this site or any linked site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if applause, or representatives thereof, are advised of the possibility of such damages, losses or expenses.

Indemnity

You hereby agree to indemnify and hold Applause harmless for all claims, losses and expenses resulting from your access of or interaction with the Site, including but not limited to violations of these terms and conditions.

Submissions

All information submitted to Applause via the Site shall be deemed and remain the property of Applause and Applause shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to the Site provides Applause through the Site. Applause shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Applause entity having the direct customer relationship or as otherwise specifically agreed or required by law.

Availability

This Site is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to local law or regulation.

Governing Law

Use of this Site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of New York without regard to conflict of laws provisions. The state or federal courts located in the State of New York, County of New York, shall have exclusive jurisdiction over any claim arising out of or relating to these terms and conditions.

General

The provisions of these terms and conditions are severable. If any such provision is determined to be unenforceable, such unenforceability will not affect any other provision of these terms and conditions, and these terms and conditions will be construed as if such unenforceable provision had not been contained herein. No waiver by Applause of any right under or provision of these terms and conditions will be deemed to be either a waiver of any other such right or provision or a waiver of that same right or provision at any other time. The terms of these terms and conditions shall be incorporated into and made a part of any other agreement entered into by Applause and a user hereof.