Terms of Service
Revised: October 17, 2016 (Please also review the Terms of Sale.)
1. ACCEPTANCE OF TERMS
Indie Theater Now, a website owned and operated by The New York Theatre Experience, Inc. (NYTE), makes this site and all associated site materials available for your access and use subject to your compliance with these Terms of Service ("TOS"). "Site materials" means all information, data, documents, communications, text, images, videos, webcasts, tools, resources, products, or other content made available or enabled via this site. By accessing or using this site in any manner, you agree to and are bound by this TOS. Please read it carefully. Do not use or access the site if you do not agree to this TOS.
2. OWNERSHIP AND PERMITTED USES
The site and all content and other elements available on or through the site are the property of ITN and/or its content providers, and are protected by the laws of the United States and other countries, including their copyright and trademark laws. Your use of the site does not transfer to you any ownership or other rights in the site or its content. The site may not be copied, reproduced, republished, uploaded, transmitted, modified, indexed, catalogued, mirrored, or distributed in any way, in whole or in part, without the express prior written consent of ITN. This Website is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. You agree not to decompile, reverse engineer, decipher, or disassemble any software or other products or processes accessible through the service, and not to use any data mining, data gathering, or extraction method.
3. PERMISSION TO USE THE SITE
You must have reached the age of majority in your jurisdiction of residence and be able to form legally binding contracts to create an account on Indie Theater Now. While individuals under the age of majority may utilize the service, they may do so only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these TOS.
4. THIRD PARTY LINKS
You may find links to third party sites or resources on this site. You acknowledge and agree that NYTE is not responsible for the availability of such third party sites or resources, and does not endorse and is not responsible or liable for any damages resulting from use or transactions related to such sites or resources. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party and that NYTE is not in any way responsible for any such use by you.
5. INTERACTION WITH CONTENT PROVIDERS
NYTE shall not be liable for your interactions with any organizations and/or individuals found on or through this Website. All dealings are solely between you and such organizations and/or individuals. In the event of a dispute, you release NYTE, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and this Website.
You may browse the Website and view content without registering, but as a condition to using certain aspects of the site, you may be required to register and select a password and screen name ("User ID"). You shall not select or use as a User ID the name of another person with the intent to impersonate that person. You are solely responsible for activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password and User ID. You shall never use another user's account. If you fail to concur with these regulations, the management of Indie Theater Now has the right to suspend or terminate your account and refuse any and all current or future use of the Indie Theater Now Website or any Indie Theater Now service. You will immediately notify the Website in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
Accessing this Website and many of its features are free. However, we do charge for access to certain content. All charges are paid by credit card only and are made through and collected by PayPal. Neither NYTE or this Website receives or holds any credit card information at any time. NYTE makes no guarantees regarding the performance or fairness of PayPal.
8. MODIFICATION AND TERMINATION OF SERVICES; AMENDMENT OF TERMS
NYTE reserves the right at any time to modify, suspend or terminate the site (or any portion of it), and/or your use of or access, with or without notice. NYTE will not be liable to you or any third-party for any modification, suspension, or termination of the site. NYTE may amend this TOS at any time by posting the amended terms on this site, without notice to you. Your use of the site after such posting will constitute consent to the modified TOS. The current version of this TOS will always be available on this page.
9. COPYRIGHT INFRINGEMENT
NYTE respects the intellectual property rights of others, and we ask our users to do the same. If you believe that your copyrighted work has been copied and is accessible on the Indie Theater Now website in a way that constitutes copyright infringement, please contact us immediately, in writing, to NYTE, P.O. Box 164, Little Silver, NJ 07739.
You agree to indemnify and hold NYTE and its officers, employees, agents and successors in rights harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this TOS, or your violation of any rights of any third party based on or related to your use of the site.
11. WARRANTY DISCLAIMER
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE, INCLUDING ALL INFORMATION, SERVICES AND CONTENT IS PROVIDED ON AN "AS IS" "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. NYTE DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NYTE MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE WEBSITE.
NYTE MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY CONTENT, INFORMATION, OR OTHER MATERIAL OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER WRITTEN OR ORAL OBTAINED BY YOU FROM NYTE, WHETHER OBTAINED THROUGH THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THIS TOS.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM USE OF, OR OBTAINING ANY CONTENT FROM, THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES RESULTING FROM VIRUSES.
12. LIABILITY LIMITATION
TO THE FULL EXTENT PERMITTED BY LAW, NYTE IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA OR ECONOMIC ADVANTAGE ARISING OUT OF OR IN CONNECTION WITH THE SITE, EVEN IF NYTE HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, MODIFY, OR RELY UPON.
TO THE EXTENT THAT ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, PORTIONS OF THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
Under no circumstances shall NYTE, or its directors, officers, employees or licensors be held liable for any loss or damage caused by your reliance on information obtained through the service. It is your responsibility to evaluate the information, opinion, advice, or other content available through the service.
13. GENERAL PROVISIONS
This TOS constitutes the entire agreement between you and NYTE relating to its subject matter, and supersedes all prior versions of this TOS. You also may be subject to additional terms and conditions that may apply when you use NYTE products or services, or those of any third party.
New York State law and controlling U.S. federal law govern this TOS, any action related to this TOS, and/or your use of the site. No choice of law rules of any jurisdiction will apply to any dispute under this TOS. You and NYTE agree to submit to the personal and exclusive jurisdiction of the courts located within New York State.
No failure to exercise promptly any right under this TOS will create a continuing waiver or any expectation of non-enforcement. If any provision of this TOS is held to be invalid by a court of competent jurisdiction, you agree that such provision will be replaced with a new provision that accomplishes the original purpose, and the other provisions of this TOS will remain in full force and effect.
You expressly understand and agree that any dispute, claim or controversy between you and NYTE arising out of or in connection with this TOS, or your use of the site, must be brought no later than one (1) year from the date the alleged claim occurred or arose.
(May 23, 2015)