Terms & Conditions

1. DISCLAIMERS

The Website and the information contained therein are offered for informational purposes only.  Neither we nor the Website shall be held responsible or liable for the accuracy of any information transmitted or made available through the Website, nor responsible for any error or omissions in that information.

We hereby disclaim all warranties, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We make the Website available “as is”, without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Website.

The Website is controlled and operated by us from our offices in the State of New York. We make no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website outside of the State of New York should not be construed as our purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than the State of New York.  We reserve the right to limit access to persons in other jurisdictions at any time and at our discretion.

We have no control over, and no liability for any third-party websites or materials, even if they are linked to the Website. We make no guarantees about the accuracy, currency, content, or quality of the content and/or information provided by such third parties, and we assume no responsibility for third-party content.  Any information or content on any third-party website or platform shall be governed by that party’s terms of use, which we encourage you to review.

2. TERMS OF USE OF THE WEBSITE

Your use and access of the Website is, at all times, expressly conditioned on your compliance with these Terms of Use, as well as all applicable laws, rules, and regulations, and your failure to comply with these Terms of Use, as well as all applicable laws, rules, and regulations, may result in termination of your access to the Website.

Account Information: If you are required to open an account to use or access, provide information to, or make any purchases on the Website, you must complete the registration process by providing the complete and accurate information requested on the registration form. You may also be asked to provide a user name and password.  You are entirely responsible for maintaining the confidentiality of your password.

You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by us, our affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password.

You agree to grant us a license to use the materials you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you are granting us, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Website, our affiliates, subsidiaries, parents, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content.

You will not be compensated for any User Content. You agree that we may publish or otherwise disclose your name in connection with your User Content in our sole and absolute discretion. By posting User Content on the Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.

We have the right but not the obligation to monitor and edit or remove any activity or content in our sole and absolute discretion.

Intellectual Property: This Website is Copyright © 2019 Applause Theatrical Workshops Inc.  All rights are reserved.  All of our trademarks, service marks, and trade names, whether registered or not, used on the Website are our property.  We do not grant you, and nothing on the Website should be understood as granting you, a license to use any of our trademarks, service marks, or logos or those of any third party.

Copyright Notice: If you have evidence, know, or have a good-faith belief that your rights or the rights of a third-party have been violated by materials on the Website and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information at the contact information listed above:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Security Features: You are also prohibited from violating or attempting to violate any security features of the Website, including, without limitation: (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Website or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Website, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Website; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by us in providing the Website. Any violation of system or network security may subject you to liability.

3. DISPUTE RESOLUTION

Any dispute with respect to or arising from the Website shall be governed by the laws of the State of New York without regard to its laws relating to choice of laws, and the sole forum to resolve any such dispute or disagreement shall be a court within New York City.

4. LIMITATION OF LIABILITY AND INDEMNIFICATION

By using the Website or purchasing any product or service on the Website, you agree to indemnify, defend, and hold harmless Applause and its agents, managers, officers, directors, representatives, and employees (collectively the “Applause Representatives”), from and against any and all liabilities, losses, damages, and expenses, including reasonable attorneys’ fees (collectively, “Claims”) arising from or growing out of any acts or omissions you commit, including but not limited to, violation of any applicable law, regulation, or order.

In no event will you be entitled to recover from Applause or the Applause Representatives any indirect, consequential, incidental, punitive, exemplary, or special damages, or any damages for loss of data, profits, revenue, reputation, business, or goodwill, even if Applause or the Applause Representatives have been advised of the possibility of such damages.

5. REVISIONS OR MODIFICATIONS OF THESE TERMS OF USE

We reserve the right to change, add, modify, or remove portions of these Terms of Use at any time, which shall become effective as of the effective date at the top of this page. You are responsible for reviewing these Terms of Use prior to each use of the Website. By continuing to use the Website, you agree to any modifications.