Talkin' Broadway Terms of Service

Formerly "Subscriber Agreement"

1. GENERAL RULES AND DEFINITIONS

1.1 If you choose to use Talkin' Broadway (TalkinBroadway.com or any of the features of this site, including but not limited to All That Chat, Shoppin' Broadway and the Rush Board,) you will be agreeing to abide by all of the terms and conditions of these Terms of Service between you and Talkin' Broadway, a private internet website.

1.2 Talkin' Broadway may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Site and by continuing to use this Site, you agree to any changes.

1.3 If any of these rules or any future changes are unacceptable to you, you may cancel your membership by sending email to webmaster@TalkinBroadway.com . Your continued use of Talkin' Broadway now, or following the posting of notice of any changes in these operating rules, will indicate acceptance by you of such rules, changes, or modifications.

1.4 Talkin' Broadway may change, suspend or discontinue any aspect of the website at any time, including the availability of any feature or content. Talkin' Broadway may also impose limits on any feature or content or restrict your access to parts or all of the website without notice or liability.

2. TALKIN' BROADWAY CONTENT

2.1 The contents of Talkin' Broadway are intended for your personal, noncommercial use. All materials published on Talkin' Broadway (including, but not limited to posts on All That Chat, Shoppin' Broadway and the Rush Board, reviews, articles, photographs, images, illustrations, also known as the "Content") are protected by copyright, and owned or controlled by Talkin' Broadway or the party credited as the provider of the Content. You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through Talkin' Broadway.

2.2 Talkin' Broadway and its Contents are protected by copyright pursuant to U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.3 of these Terms of Service), create new works from, distribute, perform, display, or in any way exploit, any of the Content of Talkin' Broadway in whole or in part.

2.3 You may download or copy the Content on Talkin' Broadway for personal use only -- which permission does not include permission to publish any Talkin' Broadway Content on any commercial or private website or blog, or in any print media -- provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from Talkin' Broadway or the copyright holder identified in the copyright notice contained in the Content.

2.4 The Content of Talkin' Broadway is owned or licensed to Talkin' Broadway. Certain Content is furnished by Subscribers to Talkin' Broadway in their posts on All That Chat, Shoppin' Broadway and the Rush Board, which will not be liable for any delays, inaccuracies, errors or omissions in any such Content, or in the transmission or delivery of all or any part thereof, or for any damages arising therefrom.

3. SUBSCRIBER SUBMITTED CONTENT

3.1 (a) You shall not post, upload to, or distribute or otherwise publish on Talkin' Broadway any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. 3.1 (b) You agree you will not threaten or verbally abuse other Subscribers or members of the Broadway community or entertainment industry, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or "spam." (Posts that just say "Like!" or otherwise mimic Facebook or other social networking services are considered meaningless "spam" unless they also contain significant, on-topic comments appropriate to the thread.) Name-calling toward another poster is specifically prohibited and will not be tolerated, and may result in a temporary or permanent suspension of your account.

3.1 (c) You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc. Hate speech of any kind is grounds for immediate and permanent suspension of access to your posting account.

3.1 (d) Talkin' Broadway encourages active discussions and welcomes heated debate on All That Chat. But personal attacks are a direct violation of these Terms of Service and may be grounds for immediate and permanent suspension of access to your posting account.

3.1 (e) Talkin' Broadway's All That Chat forums are intended for the discussion of theatre news and opinion only. All off-topic discussion should be taken to private email. Posts of a political nature, or which contain any manifestly political statement, are automatically off-topic and are specifically prohibited.

3.1 (f) Talkin' Broadway is not bootleg friendly. Posting any message for any reason which mentions by name or implication, or in any way discusses "bootleg" audio or video tapes or reproductions is not allowed. "Bootlegs" are considered to be any illegally made recording or one distributed by someone other than the rights holder, or not otherwise commercially released to the general public.

Note: You may link to/mention YouTube.com or other site as long as the reference is not concerning or does not contain any illegal recording -- which includes unauthorized footage of any live stage performance or rehearsal, including school and community productions. Most stage footage will not qualify unless it is provided online by the copyright holder or is a clip of something commercially available.

Also Note: this rule is not about whether bootleg audio or video recordings are good, bad, harmful or harmless. It's about preventing All That Chat from being a place where people go to find out about, trade, sell and buy illegal recordings. The only way we can do this is to prohibit any mention.

3.1 (g) Posting a Poll is not allowed. Talkin' Broadway will delete any post which we consider to be a poll. A general definition of poll is: Any post which directly or indirectly calls for the casting of votes or recording the preferences of the forum members on any question. Each post will be evaluated on an individual basis, based on our perception of the intent of that post, and the decision to remove a poll will be at the sole discretion of Talkin' Broadway.

3.1 (h) Trivia Quizzes may be posted, but only one may be on All That Chat at any given time (not just on the first page of All That Chat, but among all available messages). Quiz posters must put the word "Quiz" in the subject line and in the message body.

3.1 (i) Posting any message which requests or provides discount or access codes is not allowed. Asking if codes exist (which can be answered yes/no with a link) and asking where codes can be found is currently permitted. If you post about an existing code that does not exist on any of the common discount code sites (see the FAQ), you must include your email address.

3.1 (j) Posting any message which offers to buy, sell, give away for free, or trade tickets is not allowed on any but the Shoppin' Broadway forum. Offers to buy, sell, or trade tickets may only be made on the Shoppin' Broadway forum subject to the rules of the Shoppin' Broadway forum.

3.1 (k) Talkin' Broadway respects Copyright laws. Posting any message which includes more than a link (if available) and a very brief quote from reviews or articles from other sources or web sites is not allowed. The contents of personal emails you have received are also not permitted.

3.1 (l) Posting any message which includes graphics, audio, javascript files or in a foreign-language is not allowed. All such features are restricted for the exclusive use of the Talkin' Broadway administrators, and all such posts not posted by the administrators will be removed.

3.1 (m) Repeatedly posting off-topic messages or otherwise deliberately disrupting our forums may result in you losing all forum privileges without warning or advance notice. We reserve the right to prohibit users who, in our sole judgment, in any way violate acceptable forum behavior from participating in our discussions.

3.1 (n) Announcement posts directing readers to web content with which the poster is associated are limited to two per 30-day period per poster. "Web content" includes websites, articles, blogs and video/audio recordings. "Signature" links which don't otherwise violate the Terms of Service are not limited, as long as they are added to posts which already include discussion content. Signature links must be labeled (use the URL Title field in the posting form) clearly as such ("Link to my blog," etc.).

3.1 (o) Reviews or reports of invitation-only dress rehearsals/gypsy run-throughs are not permitted on All That Chat. Talkin' Broadway feels it is implicit in such an invitation that the performance is closed to the public and the invited guests are not to publish their opinion of the performance. We will not allow direct links to any reports/reviews of invited dress rehearsals on other websites in posts on All That Chat. (Note: Because Encores! rehearsal passes are made available to paid members of City Center, Encores dress rehearsals are currently exempt from this policy.)

3.2 Talkin' Broadway shall be used only in a noncommercial manner. You shall not, without the express prior approval of TalkinBroadway.com, distribute or otherwise publish any material containing any solicitation of funds, advertising or solicitation for goods or services.

3.3 You acknowledge that any submissions you make to Talkin' Broadway (i.e. user-generated content including but not limited to: posts, comments, forum messages, reviews, text links, video links, audio links and photograph links -- each, a "Submission") may be edited, removed, modified, published, transmitted, and displayed by Talkin' Broadway and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you.

3.4 Talkin' Broadway may remove, at any time and without prior notification, any post that it, in its sole discretion, deems to be in whole or in part off-topic, abusive toward the forum or Talkin' Broadway or towards any individual or group of individuals (including posts made about entertainment industry professionals and/or performers that do not relate to their performance, ability to perform, or professional conduct), contains false information, or which in any way violates the Terms of Service.

3.5 What is and is not acceptable subject matter or the acceptable expression of an opinion will depend on Talkin' Broadway's perception of the context or intent of any given post. (That is, what may be deemed acceptable in one post may not always be acceptable in a different post.) Each post will be evaluated on an individual basis, based on Talkin' Broadway's perception of the intent of that post, and the decision to remove a post will be at the sole discretion of Talkin' Broadway. You shall remain solely responsible and accountable for the content of your messages.

3.6 Do not post any questions or comments about the removal of any post on the All That Chat forums. Talkin' Broadway will not respond to such questions on the forums and any such question will be removed from the forums. Anyone who wishes to question the removal of a post may only do so by private e-mail, addressed to TBAdmin@TalkinBroadway.com.

3.7 Any single serious violation of the Terms of Service or repeated minor violations or spamming the forums by repeatedly posting off-topic messages or any on-topic message more than a reasonable number of times may result in the temporary suspension or termination of your membership without prior notification.

3.8 You grant Talkin' Broadway a perpetual, nonexclusive, world-wide, royalty free, sub-licensable license to the Submissions, which includes without limitation the right for Talkin' Broadway or any third party Talkin' Broadway designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to All That Chat, Shoppin' Broadway and the Rush Board, including any Submission posted on Talkin' Broadway through a third party.

3.9 You are solely responsible for the content of your Submissions. However, while Talkin' Broadway does not and cannot review every Submission and is not responsible for the content of these messages, Talkin' Broadway reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

3.10 By making a Submission, you are consenting to its display on Talkin' Broadway and for related online and offline promotional uses.

3.11 Representation of TalkinBroadway.com, www.Talkinbroadway.com, Inc. or All That Chat may not be made without the express written permission of the owners.

4. ACCESS AND AVAILABILITY OF SERVICE AND LINKS

4.1 Talkin' Broadway contains links to other Internet sites, resources, and sponsors of TalkinBroadway.com. Since Talkin' Broadway is not responsible for the availability of these outside resources, or their contents, you should direct any concerns regarding any external link to the site administrator or Webmaster of such site.

5. REPRESENTATIONS AND WARRANTIES

5.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) that you are at least sixteen years old. You hereby indemnify, defend and hold harmless Talkin' Broadway and all officers, directors, owners, agents, information providers, affiliates, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. Talkin' Broadway reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

5.2 Talkin' Broadway does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed, uploaded, or distributed through Talkin' Broadway by any Subscriber, user, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk.

TALKIN' BROADWAY IS DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, SAFETY OR SECURITY OF ACCESS OR USE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF TALKIN' BROADWAY IS AT YOUR SOLE RISK.

6. REGISTRATION AND SECURITY

6.1 As part of the registration process, you will select a password and a User Name. You will only be identified on the forums by this User Name. It is up to you whether you wish to reveal your real identity or any other personal information in a post. You also are required to provide associated registration information, all of which must be accurate and updated. (a) You may not (i) register a User Name of another person with the intent to impersonate that person; (ii) register a User Name in which another person has rights without such person's authorization; or (iii) register a User Name that Talkin' Broadway, in its sole discretion, deems offensive or inappropriate. Failure to comply with the foregoing shall constitute a breach of these Terms of Service, which may result in immediate termination of your account. (b) You shall be responsible for maintaining the confidentiality of your password, which you will not have to reveal to any representative or agent of Talkin' Broadway.

6.2 Talkin' Broadway will not knowingly approve more than one subscriber account per person. If at any time Talkin' Broadway discovers or suspects one person holds more than one active account, Talkin' Broadway may, at its sole discretion and without prior warning, cancel any and all accounts held by that person.

6.3 Your real name and e-mail address, required and provided as part of the registration process, are held to be confidential and will not be divulged unless Talkin' Broadway is required to do so by law or Talkin' Broadway in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of Talkin' Broadway's All That Chat forums, Shoppin' Broadway and the Rush Board; or (4) protect the personal safety or property of our users or the public.

6.4 You shall immediately notify webmaster@TalkinBroadway.com of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. Until such notification is received and acknowledged by the webmaster by the suspension of your account, you are held to be solely responsible for any and all use of your Subscription and Submissions.

6.5 You must be 16 years or older to subscribe to Talkin' Broadway.

6.6 You are responsible for all usage or activity on your Talkin' Broadway account, including use of the account by any third party authorized by you to use your User Name and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at Talkin' Broadway's sole discretion, and Talkin' Broadway may refer you to appropriate law enforcement agencies.

7. FEES

7.1. Talkin' Broadway does not charge a fee for access or use.

8. COMMUNICATIONS BETWEEN TALKIN' BROADWAY AND SUBSCRIBERS

8.1 Talkin' Broadway reserves the right to send electronic mail to all Subscribers for the purpose of providing information deemed by Talkin' Broadway to be of interest and to inform them of changes or additions to Talkin' Broadway.

8.2 Talkin' Broadway reserves the right to disclose information about usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information.

9. TERMINATION

9.1 You may terminate your account at any time by sending e-mail to: webmaster@TalkinBroadway.com.

9.2 Talkin' Broadway may, in its sole discretion, terminate or suspend your access to all or part of Talkin' Broadway without notice and for any reason, including, without limitation, breach or assignment of these Terms of Service.

10. MISCELLANEOUS

10.1 These Terms of Service have been made in and shall be construed and enforced in accordance with Nevada State law. Any action to enforce these Terms of Service shall be brought in the federal or state courts located in Las Vegas, Nevada.

10.2 Correspondence should be sent to webmaster@TalkinBroadway.com.

10.3 You agree to report any copyright violations of the Terms of Service to Talkin' Broadway as soon as you become aware of them. In the event you have a claim of copyright infringement with respect to material on Talkin' Broadway, please notify TBAdmin@TalkinBroadway.com.



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