Terms and Conditions

TERMS AND CONDITIONS & PRIVACY POLICY

The rules and explanations below are the Terms and Conditions of use (“Terms”) of this web site (the “Site”, also “we”; “us; “our”). These Terms represent our current policy regarding your use of the Site, and, in the section titled “PRIVACY POLICY”, below (the “Privacy Policy”), our collection of data through your use of the Site, and our use of that data. We may change these Terms at any time and from time to time, effective immediately upon posting on the Site. Please read these Terms before using the Site. If you cannot comply with these Terms please do not access or otherwise use the Site. By using the Site, you are indicating your agreement to be bound by these Terms.

Limited License
We grant you a non-exclusive, limited, revocable license to visit and use the Site, provided you agree to comply with these Terms and the other policies and conditions governing your use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Site or its content. In addition, we may terminate your right to access or otherwise use the Site at any time, without giving you notice.

Use Restrictions
We are providing the information on the Site for your personal and noncommercial use only, subject to our giving you express written permission to use the Site otherwise. You may not copy, modify, distribute, display, perform, create derivative works from, or transfer any of the content on this Site (except for your own personal, non-commercial use) without our prior, express written permission.

You may only use the Site for lawful purposes. Please make sure that your use of the Site complies with all applicable local, state and federal laws. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others.

You agree that you will not use any automatic device, software, or routine including, without limitation, any robots, spiders, webbots, web wanders, crawlers, worms, or webants, or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of the 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 the Site or to enforce our policies, including without limitation, and if and where applicable, the “CAPTCHA” system used on this Site and limits on ticket purchases. You agree not to attempt to conceal your identity in any way or by any means, including by using multiple names, physical addresses, Internet Protocol (“IP”) addresses, or e-mail addresses to interact with the Site, including, if and where applicable, to purchase tickets on the Site; engaging in IP spoofing, IP address forgery, host file hijacking, or similar conduct; interacting or engaging with the Site through proxy servers or virtual private networks, such as Hola! or similar services, used to mask your identity; and/or undertaking any similar conduct and/or using any similar products or services to access the Site in such a way as to conceal your identity.

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 any purchase order made by you, and/or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.

Linking
This Site may contain hyperlinks to other web sites. Unless otherwise stated, which statement may be contained on said hyperlinked website, we do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products, or services provided on, any hyperlinked web sites. You acknowledge and agree that we 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 hyperlinked web sites, or the contents, information, products or services provided on such hyperlinked web sites.

We grant you permission to link your website to the home page associated with this Site, located here, subject to these Terms and your agreement to comply with all such Terms, and provided that your linking to the Site does not cast the Site or any websites affiliated with the Site or with us in a false or misleading light. You may not link your website to any internal page on this Site without our express written permission. In addition, you may not frame on another website any information located on this Site without our express written consent. You may request such consents by sending an e-mail request here. The permission granted herein to link to the home page associated with this Site may be revoked at any time without cause. You may not link to our home page from any website that (a) violates any applicable law or regulation, (b) 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 (c) contains defamatory, obscene, threatening, abusive, or hateful information or expressions. 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 linking to our Site or the use by others of the contents, information, products or services provided on your site.

Intellectual Property
TELECHARGE(R), TELE-CHARGE(R), TELECHARGE.COM(R), THE SHUBERT ORGANIZATION(R), LITTLE SHUBERT(R), ONE SHUBERT ALLEY(R), IN THEATRE NETWORK(R), INSITE TICKETING(R), BROADWAY SPOTLIGHT(R), BROADWAYDISCOUNTS(R), BROADWAY INBOUND(R), BROADWAYOFFERS(R), PLUMBENEFITS(R), and NEW WORLD STAGES(R) are registered trademarks owned by this Site and/or entities affiliated with this Site, including The Shubert Organization, Inc. Other trademarks appearing on this Site are the property of their respective owners. You may not publicly use any trademarks owned by us without our express written permission. You also may not publicly use any meta tags or any other “hidden text” that incorporate our trademarks without our express written permission. You may request such permission by sending an e-mail request here. In the event that we grant you such permission, you will not gain any rights to our trademarks.

The contents of this Site, 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 this Site are copyrighted as a collective work/compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. You may request such permission by sending an e-mail request here. In the event that we grant you such permission, you will not gain any ownership rights to our copyrighted material.

We do not grant you any express or implied right under any of our trademarks, copyrights or other proprietary information, and we reserve all rights not expressly granted herein to the same. You may not modify or download any of the content or materials found on this Site; use the content or materials found on this Site for any public display, performance, sale, or rental; transfer, remove, modify, or alter any trademark, copyright, or other proprietary content or materials from this Site; or copy any content or materials from this Site for any purpose prohibited by these Terms.

Disclaimer
You are using this Site at your own risk. We do not guarantee that your personal information will remain private. Please see our Privacy Policy, below, for information regarding the measures we take to protect your personal information. We do not promise that there will be no errors transmitting information to and from this Site. We do not promise that information you receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. We make no guarantee of the availability of any tickets or specific results from the use of the Site or of our service.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR USE OF THIS SITE OR THE CONTENT ON THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEB SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnity
By your use of this Site, you agree to waive any claims you may have against us for any damages that you may incur as a result of your use or attempt to use this Site. We may make claims against you for use of this Site that violates these Terms and any other policies posted on this Site. 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 this Site or violations of our policies posted on this Site.

Disputes
These Terms and any dispute regarding these Terms shall be governed by and construed in accordance with New York State law without regard to principles of conflict of laws. Except as otherwise stated explicitly in these Terms, any disputes arising out of or relating to the use of this Site may only be brought in the state or federal courts located in New York County, New York State. Therefore, by accepting this policy, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Site.

PRIVACY POLICY

The explanations below detail this Site’s privacy policy, including the types of information we collect, security measures we use to safeguard that information, how we use and share that information, and how you can opt out of having your information shared with certain third parties. Some of the information written below may be inapplicable to you depending on your use of this Site.

1. What types of information do we collect?
We collect information from you when you use this Site. This information may include your name, e-mail address, post office address, telephone number, payment information, and other personal data you enter when visiting this Site (collectively, “personally identifiable information” or “personal information”). If you are a corporate user, we may also collect your company name and company data in addition to the data listed in the previous sentence (collectively, “company information”). We collect this information when you enter it voluntarily when registering on, making a purchase through, or otherwise using this Site. In addition, we collect information regarding your use of this Site through the use of cookies and similar technology, such as pixel tags. For example, cookies allow us to recognize when a user returns to the Site and to track a user’s behavior on the Site. We may use this information to track your event preferences and the frequency with which you visit our Site. We also collect other types of non-personal and/or non-company information, such as your IP address, your preferences, and information about the type of device you are using to access our Site. We may combine such information with personally identifiable information and/or company information in order to customize your experience on the Site and to suit your preferences. In addition, we may use the information we collect for purposes of marketing, software development, and statistical analysis and to determine your interests so we can better serve you, and we may share the information we collect with third parties, as described below.

2. What kinds of security measures do we take to safeguard your information?
To protect your personally identifiable information and/or your company information, this Site uses Digital IDs from VeriSign, a leader in internet transaction security and SSL or “Secure Socket Layers”, an industry standard protocol, for completing online transactions. Once you submit personally identifiable information and/or company information when completing an online transaction using this Site, that information is encrypted and secured to protect against unauthorized use or disclosure to other parties. Any credit card we maintain is stored in an encrypted and secured manner.

This Site is also part of the Shubert Ticketing eCommerce infrastructure, which is owned by The Shubert Organization, Inc. As such, it is maintained with a comprehensive set of technical and procedural security controls, consistent with those required by the Payment Card Industry Data Security Standard (“PCI-DSS”), intended to protect the confidentiality, integrity, and availability of the associated information and systems. To learn more about PCI-DSS, please visit https://www.pcisecuritystandards.org.

3. How do we use your information?
We store your personally identifiable information and/or company information so we can provide you with better and more convenient service. We use your mailing address so that we can send your tickets to the proper address and to authorize any credit card purchase. We may use your home or company telephone number to contact you with customer service information. We may use your e-mail address to send e-tickets to the proper address or to contact you with customer service information. We may also use your personally identifiable information and/or company information for the other purposes described elsewhere in this Privacy Policy. We may share your personally identifiable information and/or company information with others, as described below.

4. Whom may we share your information with and can you opt out of having your information shared?
(a) Event Providers, Marketing Messages, and Other Merchants

We provide ticketing services on behalf of others, including the owners and operators of the venues where the events for which you purchase tickets are being presented and the presenters of the events (collectively, “Event Providers”). We may share your personally identifiable information and/or company information with Event Providers to allow the Event Providers to contact you using your e-mail address and the other personally identifiable information and/or company information you provide to us.

We also may use your e-mail and/or mailing address to notify you of special events, discounts, and similar items that may be of interest to you, and/or to send you newsletters related to our shows or to shows to which you have purchased tickets or browsed on the Site. We may send such marketing messages directly or through an engagement with a third party for such purposes with which we may share your e-mail and/or mailing address.

From time to time we may also share your personally identifiable information and/or company information with other merchants. However, we do not share your e-mail address with other merchants, except as stated in the other sections of this Privacy Policy. When we share your personally identifiable information and/or company information with other merchants, we select merchants whose products or services we believe may interest you.

If you do not want us to share any of your personally identifiable information with Event Providers; third parties which we engage to notify you of special events, send you newsletters, or the like; or other merchants, you can inform us of that wish by “opting-out”. When you place your initial purchase order with us, you will be presented with “check-boxes” indicating whether you want us to share your information as described in this subsection. If you do not want us to share your information, please make sure to “uncheck” the appropriate box. If you create or have created an account with us, your decision will be remembered by the Site. If you do not create an account with us, you will need to uncheck the appropriate box each time you place an order with us. Alternatively, if you are receiving any e-mail from us or third parties as described in this subsection, each such e-mail will contain an “unsubscribe” link. Clicking this unsubscribe link will allow you to opt out of receiving further communications from us or such third parties. If you are receiving physical mail from us, please e-mail us here to request that we remove you from any relevant mailing list. Finally, even if you do opt out from our sharing your personally identifiable information as described in this subsection, we will still share that information for the minimal purpose of processing your transactions on this Site and delivering the goods and services you have requested. For example, for your own protection we will still share your mailing address with our credit card processing company to prevent unauthorized use of your credit card.

(b) Business Partners
From time to time we may enter into agreements with other companies (collectively, our “business partners”) to facilitate our transactions with you, or to offer you additional products or services, including but not limited to co-branded products and services. We may share your personally identifiable information and/or company information with our business partners as part of our agreements with them and to facilitate your transactions on this Site. For example, if you select for your tickets to be delivered via FedEx, we will share your personal information and/or company information with FedEx for delivery and transaction purposes only. We may also share your personally identifiable information and/or company information with our business partners to enhance your use of the Site. For example, if you choose to use some of the integrated social media features on the Site, we will share your personal information and/or company information with the providers of such social media features to the extent needed to enable the selected form of social media communication.

(c) Legal and Administrative Disclosures
Any personally identifiable information and/or company information you submit to us is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders.

(d) Other Transfers and Policies
In addition to the policies described above, we otherwise reserve the right to disclose or share your personally identifiable information and/or company information when we, in good faith, determine that such disclosure will help us comply with the law, protect the security or safety of our property, including but not limited to the Site, or the property of a third party, or is otherwise legally permissible and will help us in the administration of the Site. In addition, your personal information and/or company information may be shared with a third party in the event of a transfer of our ownership or assets.

In the case of any sharing of your information described in this Privacy Policy, including all examples of sharing of your information included in paragraphs (a) through (d) preceding, the recipient’s use of your personally identifiable information and/or company information will not be subject to this Privacy Policy, and we will not control the recipient’s use of your personally identifiable information and/or company information once we have shared it. The recipient’s use of information we transfer to it is governed by its own privacy policy and/or by any applicable laws and regulations. If you wish to know more about how such third party uses your personally identifiable information, and/or if you wish to opt out of receiving communications from such third party, you will need to contact that party directly about its privacy policy for further information.

5. Cookies
This Site also collects non-personal information and other data using cookies and similar technology placed onto your computer’s hard drive. Cookies perform a myriad of functions for web users and web sites, including that they allow us to recognize repeat users and to track users’ behavior on the Site. We may combine the information we collect from cookies with your personally identifiable information and/or company information to improve our services and to customize the information we present to you on the Site to suit your preferences. We may share this information with Event Providers and other third parties (as noted above) so that we (and they) can communicate with you in a more personalized and directed manner.

We may also allow third parties to monitor activity on this Site using their own cookies, pixels, and similar technologies for the purpose of reporting website traffic, statistics, targeted advertisements, “click-throughs” and/or other activities. We and third parties monitoring activity on this Site may share the information gained through such monitoring activities.

You can control, via your computer and browser security setting, whether a cookie is placed on your hard drive. Once it is there the company which placed the cookie (not necessarily us) can control how it is used. You may set the preferences on your web browser to refuse or limit the placement of cookies on your hard drive. However, the refusal to accept any cookies will prevent you from using many of the features of the Site. You can also delete cookies placed on your hard drive using your browser options.

6. Third Party Marketing and Display Advertising
We also share aggregated and other non-personally-identifiable, non-company, and anonymous information with third parties for marketing purposes. For example, we share aggregated and other non-personal/non-company/anonymous information with Event Providers and marketers who are members of the Network Advertising Initiative (NAI) and engage in online behavioral advertising (OBA), also known as interest-based marketing. If you would like to opt out from receiving any OBA from NAI members click here.

Opting out using the NAI opt-out tool only applies to OBA by NAI member companies. The opt-out choices you select using the NAI opt-out tool are stored in opt-out cookies on your computer. Deleting cookies from your computer may also remove your opt-out preferences, so you may want to periodically visit the NAI opt-out page using the link above to review your preferences.

7. Social Media
We contract with third party technology providers to allow you to communicate using various forms of social media while you are on the Site and on social media platforms that you elect to use. If you did not opt out as described in subsection 4(a) of this Privacy Policy and/or if you elect to communicate using social media on the Site, your information will be shared with the providers of the social media platforms and with the third party technology providers as needed to enable the use of the selected social media while you are on the Site. When you post information on social media platforms, how your information is used is governed by the terms of use and privacy policy of the social media platform on which you post. If you post information on social media platforms that includes any of the content or materials from this Site, your post must comply with all requirements of these Terms.

8. How can you access, update, or correct your personal information?
We give you the ability to access, update, and/or correct the personally identifiable information and/or company information that we collect from you. If you created or otherwise have an account with us, you may update your personal information by clicking here. You may always update your personal or company information by contacting our customer service department.

9. How can you contact us?
If you need to contact us for any other reason, please click here or contact our customer service department.

10. Protection of Children
Personal information collected about children under age 13 is protected by the Children’s Online Privacy Protection Act of 1998. It is our policy not to knowingly solicit or collect any personal information on this Site from children under the age of 13. If you are younger than 13 years old, please do not submit or share with us any personal information on this Site. In addition, please tell your parents you are using the Site and have your parents e-mail us here so that we may delete any information we may have collected about you.

In addition, we may not collect or process information from a citizen of an EU member state under the age of 16 without such person’s parents’ consent. If you are a citizen of an EU member state under the age of 16, please do not submit or share with us any personal information on this Site. In addition, please tell your parents you are using the Site and have your parents e-mail us here so that we may delete any information we may have collected about you.

11. Your California Privacy Rights
California law permits our customers who are California residents to request certain information regarding the disclosure of information to third parties for their direct marketing purposes. If you are a California resident and would like to make a request regarding such information, please e-mail us here.

12. EU-U.S. Privacy Shield and U.S.-Swiss Safe Harbor
We comply with and are committed to the EU-U.S. Privacy Shield Framework and the U.S.-Swiss Safe Harbor Framework, each as set forth by the U.S. Department of Commerce, regarding the collection, use,and retention of personal information from European Union Member countries and Switzerland.

The Shubert Organization, Inc., has certified that this Site adheres to the Privacy Shield privacy principles of Notice;Choice; Accountability for Onward Transfer; Security; Data Integration and Purpose Limitation; Access; Recourse, and Enforcement and Liability; and to the Privacy Shield’s related supplemental principles.  To learn more about the Privacy Shield Framework, and to view The Shubert Organization, Inc.’s certification, please visit https://www.privacyshield.gov/welcome.

The Shubert Organization, Inc., has also certified that this Site adheres to the Safe Harbor privacy principles of Notice; Choice; Onward Transfer; Security; Data Integrity; Access; and Enforcement.  To learn more about the Safe Harbor Framework, and to view The Shubert Organization, Inc.’s certification, please visit http://2016.export.gov/safeharbor/swiss/index.asp.

As part of our participation in the Privacy Shield Framework and the Safe Harbor Framework, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Privacy Shield Framework and the Safe Harbor Framework.  If you have any complaints regarding our compliance with the Privacy Shield Framework or the Safe Harbor Framework you should first contact us directly (as provided above).  If contacting us does not satisfactorily resolve your privacy or data use concern, please contact our U.S.-based third party dispute resolution provider (free of charge) at https://feedback-form.truste.com/watchdog/request. In certain cases, our use of your personally identifiable information may be subject to investigation and enforcement under the U.S. Federal Trade Commission, the U.S. Department of Transportation, or another U.S. statutory body, and/or you may be able to invoke binding arbitration to assert your rights.

13. How will we notify you if we have made any changes to our Privacy Policy?
At the bottom of our Privacy Policy, we have posted the Effective Date of the Privacy Policy. If that date has changed since the last time you visited our Site, it means we have made a change to the Privacy Policy.

Effective Date: August 26, 2016