Conditions of Use

TERMS OF USE

PLEASE READ THESE TERMS OF USE PRIOR TO USING THE AMERICANTHEATREWING.ORG SITE (the “Site”).
You assent to these terms of use by (a) using the Site; (b) registering with the Site; (c) submitting any content of any kind to the Site; or participating in any chat or other service offered through the Site. If you do not agree with these terms, please do not use the Site. The American Theatre Wing, Inc. (“ATW”) reserves the right in its sole discretion, to modify, alter or otherwise update these Terms of Use, and you agree to be bound by these changes. You agree to review these Terms of Use on a periodic basis.

COPYRIGHT AND TRADEMARK NOTICE

All Materials on the Site, including but not limited to written content, images, illustrations, downloads, streaming audio and/or video, and audio and/or video clips (“Materials”) are protected by copyrights owned or controlled by ATW.
ATW owns all rights in and to the following registered trademarks: the Tony Award®, Tony®, the Tony Award® logo, and the Tony Award® medallion. The Materials presented here may not under any circumstances be resold or redistributed without prior written permission from ATW. Materials on this site are for entertainment, publicity and promotional use only. They may be used only as described herein. The Materials contained in the Site are protected under the copyright and trademark laws of the United States and other countries. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTION, OR DUPLICATING OF ANY OF THE MATERIALS (WHETHER FOR COMMERCIAL OR NON-COMMERCIAL PURPOSES) IS PROHIBITED.
By submitting Materials of any kind to any area of the Site, you automatically grant, or warrant that the owner of such Materials has expressly granted to ATW the perpetual, irrevocable, royalty-free, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such Materials (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed. You also hereby grant ATW the right to edit, copy, publish and distribute any Materials made available by you on the Site.

DISCLAIMERS

THE MATERIALS OF THIS SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, ATW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. ATW DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE MATERIALS ON THIS SITE IN TERMS OF THEIR QUALITY, ADEQUACY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
ATW is not responsible in any way for any damage to, or virus that may infect, a user’s computer hardware or software or other property, as a result of use of the Site, or a user’s downloading of any data or information from the Site. ATW is further not responsible in any way for the content, claims, offers, statements and visual elements of any site that is linked to or from this Site, regardless whether the link was authorized by ATW. ATW reserves the right to modify the Site in any way by deletion or addition of any provision contained in the Site. ATW uses reasonable efforts to ensure that information contained in the Site is accurate as of the date of publication, but makes no warranty or representation with respect to the accuracy of such information. While ATW does not routinely review or verify messages or Materials posted by users to message boards, ATW is not responsible, and shall have no liability, for any messages or Materials posted by users of the Site on message boards. ATW reserves the right to remove messages or Materials posted by users of the Site to message boards or other areas, in its sole discretion. By submitting messages and/or Materials to the Site, each user agrees to indemnify, defend and hold harmless ATW from all damages, costs and expenses, including reasonable attorney’s fees and costs arising out of all claims, challenges or actions, including claims for infringement, libel and slander, related to the user’s submission.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT ATW SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ATW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

INDEMNIFICATION

You agree to indemnify ATW for any and all claims, damages, losses, and causes of action arising out of your posting of any email, image, chat material, or other content on the Site, your unauthorized publication or transmittal of Materials or your failure to comply with these Terms of Use.

COPYRIGHT AGENT

ATW respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the Materials that you claim is infringing is located on the Site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
ATW’s Copyright Agent for notice of claims of copyright infringement on its site is R. Andrew Boose, Esq. who can be reached as follows: By mail:

R. Andrew Boose, Esq.
Copyright Agent
Davis Wright Tremaine, LLP
1633 Broadway
New York, N.Y. 10019
Phone: 212-603-6408
Facsimile: 212-489-8340

JURISDICTIONAL ISSUES

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York as it is applied to agreements entered into and to be performed entirely within such State, without regard to its conflict of law provisions. Any action related to this site must be brought in either the State or Federal Courts located in New York, New York.

OTHER

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable in whole or in part, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The failure of ATW to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site must be filed within one (1) year after such claim or cause of action arose or be forever barred.