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TERMS AND CONDITIONS
The rules below govern your use of this web site. These rules represent our current policy. We may change this policy at any time without giving you notice. If you cannot comply with these rules, please do not access or otherwise use this web site. By using this web site, you are indicating your agreement to be bound by the terms and conditions set forth herein.
Limited License
We are providing the information on this web site for your personal and noncommercial use only. You may not copy, modify, distribute, display, perform, create derivative works from, transfer or sell any information, software, products or services obtained from this web site. Some of these restrictions are described in more detail below. In addition, we may terminate your right to access or otherwise use this web site at any time, without giving you notice.
Acceptable Use
You may only use this web site for lawful purposes. Please make sure that your use of this web site complies with all applicable local, state and federal laws. You may not disrupt, modify or interfere with this web site or its associated software, hardware or servers. In addition, you may not interfere with the use of this web 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 this web site. If you violate these Terms and Conditions, we may terminate your use of this web site, bar any future use of the web site by you, cancel your ticket order or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.
Linking
At times, we or third parties may provide you with hyperlinks to other web sites. Unless otherwise stated, 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 other web sites, or the contents, information, products or services provided on such hyperlinked web sites.
Permission is granted to only link your web site to the Telecharge.com home page located at http://www.telecharge.com. You may not link your web site to any internal page on this site without the express written permission of The Shubert Organization, Inc. In addition, you may not frame on another web site any information located on this web site without the express written consent of The Shubert Organization, Inc. You may request such consents by sending an e-mail request to vincer@shubertorg.com The permission granted herein to link to the Telecharge.com home page may be revoked at any time without cause. You may not link any web site 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
NETTIKS(R), TELECHARGE.COM(R), and ONE SHUBERT ALLEY(R) are registered trademarks of The Shubert Organization, Inc. Other trademarks appearing on this web site are the property of their respective owners. You may not publicly use any trademarks owned by The Shubert Organization, Inc. without our express written permission. You may request such permission by sending an e-mail request to feedback@telecharge.com. In the event that we grant you such permission, you will not gain any rights to our trademarks.
The contents of this web 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 web 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 to vincer@shubertorg.com. In the event that we grant you such permission, you will not gain any ownership rights to our copyrighted material.
Downloads
The Shubert Organization, Inc. does not grant you any express or implied right under any of its trademarks, copyrights or other proprietary information. As a result, you may not modify any of the materials found on this web site; use them for any public display, performance, sale or rental; transfer, remove, modify or alter any trademark, copyright or other proprietary materials from this web site.
Disclaimer
You are using this web site at your own risk. We do not guarantee that your personal information will remain private. We do not promise that there will be no errors transmitting information to and from this web site. In addition, we do not promise that information you receive from this web site is accurate or reliable or that this web site is free of computer viruses or other harmful mechanisms.
By using this web site, you agree to waive any claims you may have against us for any damages that you may incur as a result of using or attempting to use this web site. We may make claims against you for use of this web site that violates our policies posted on this web 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 web site or violations of our policies posted on this web site. Any claims regarding this web site will be governed under New York law and may only be brought in the state or federal courts located in New York City. 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 web site.
THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE SHUBERT ORGANIZATION, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED. IF YOUR USE OF THE WEB SITE OR THE MATERIAL THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE SHUBERT ORGANIZATION, INC. IS NOT RESPONSIBLE FOR THOSE COSTS.
Disclaimer of Consequential Damages
IN NO EVENT SHALL THE SHUBERT ORGANIZATION, INC., ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THIS WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, AND CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THIS WEB SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE SHUBERT ORGANIZATION, INC. IS ADVISED OF THE POSSIBLIITY OF SUCH DAMAGES
ONLINE PRIVACY POLICY
The explanations below detail the privacy policy of this web site. These explanations represent our current policy. We may change this policy at any time. We encourage you to read our privacy policy before using the web site. By using the web site, you are indicating your agreement to be bound by the terms and conditions of our privacy policy. If you cannot agree with this policy, please do not access or otherwise use this web site.
1. What types of personally identifiable information do we collect?
Telecharge.com collects personal information from you when you use this web site. This information may include your name, user name, e-mail address, post office address, telephone number, payment information, and other personal data you enter when visiting this web site (collectively, "personally identifiable information" or "personal information"). We collect this information when you enter it voluntarily. In addition, we may collect certain information regarding your use of this web site, such as event preferences and the frequency with which you visit our site, for purposes of marketing, software development, statistical analysis and determining your interests to better serve you. We may combine the foregoing information with personally identifiable information.
2. What kinds of security measures do we take to safeguard your personally identifiable information?
To protect your personally identifiable information, Telecharge.com uses Digital IDs from VeriSign, a leader in internet transaction security and SSL or "Secure Sockets Layer", an industry standard protocol, for completing online transactions. All personally identifiable information you enter when completing an online transaction is encrypted and secured to protect against unauthorized use or disclosure to other parties.
In addition, this site is a participant in the TRUSTe program. It is using the TRUSTe mark under license from TRUSTe pursuant to the requirements of the TRUSTe program. All rights in the TRUSTe mark(s) belong to TRUSTe. You may contact TRUSTe by visiting http://www.truste.com
3. How do we use your personally identifiable information?
We store your personally identifiable 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 telephone number or e-mail address to contact you with customer service information. We may also use your personally identifiable information for the other purposes described elsewhere in this Privacy Policy. We may share your personally identifiable information with others, as described below.
4. Who do we share your personally identifiable information with and can you opt out?
(a) Event Providers
Telecharge provides 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 with Event Providers to allow the Event Providers to contact you using your e-mail address and the other personally identifiable information you provide to us. If you do not want us to share any of your personally identifiable information with Event Providers, you may opt-out by e-mail at the time you place your purchase order. If you do not opt-out from receiving notifications from Event Providers at the time you place your initial purchase order, you will need to contact the Event Provider directly about its privacy policy for further information about how the Event Provider uses your personal information. Event Providers are not subject to this privacy policy and we do not control their use of your personally identifiable information once we have provided it to them. Therefore, the best way to ensure that Event Providers do not use the personally identifiable information you give to us is to opt-out at the time you place your first purchase order with us on our site. In addition, if you place additional orders with us, you must be sure to opt-out when each such order is placed if you do not want us to share any of your personally identifiable information with any Event Provider.
(b) Special Events
We also may use your e-mail or mailing address to notify you of special events that may be of interest to you. You may opt-out of receiving special offers or other event notifications from Telecharge via e-mail at the time you place your order, or you may visit http://www.telecharge.com/signup. To opt-out of receiving offers from us by mail, please e-mail tickets@telecharge.com with your full name and mailing address.
(c) 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 with our business partners as part of our agreements with them and to facilitate your transactions on this web site. For example, if you select for your tickets to be delivered via FedEx, we will share your personal information with FedEx for delivery and transaction purposes only.
(d) Other Merchants
From time to time we may provide your personally identifiable information to other merchants. However, we do not share your e-mail address with other merchants, except as stated in the prior sections of our Privacy Policy. When we share your personally identifiable information with other merchants, we select merchants whose products or services we believe may interest you. If you do not want us to provide your personally identifiable information to other merchants, please e-mail us at tickets@telecharge.com. However, we will still share your personally identifiable information to process your transactions on this web site and to deliver 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.
(e) Legal and Administrative Disclosures
In addition, any personally identifiable information you submit to us is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. We otherwise reserve the right to disclose your personally identifiable 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 this web site, or the property of a third party, or is otherwise legally permissible and will help us in the administration of this web site. In addition, your personal information may be transferred to a third party in the event of a transfer of ownership or assets of Telecharge.
5. Cookies
This web site may also collect non-personal information and other data using cookies placed by this web site onto your hard drive. A web site uses cookies to recognize repeat users and track user's behavior on the web site. We cannot control how other parties may use these cookies once they are on your hard drive. You may set the preferences of your web browser to refuse the placement of cookies on your hard drive to prevent the collection or other use of such information. However, the refusal to accept any cookies transmitted will prevent you from using this web site.
6. How can you update your personal information?
If you created an account when placing an order, you may update your personal information by clicking here.
7. How can you contact us?
If you need to contact us for any other reason, please click here.
8. 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 Telecharge’s policy not to knowingly solicit or collect any personally identifiable information from children under the age of 13. If you are younger than 13 years old, please do not submit or share with us any personally identifiable information on this web site. In addition, please tell your parents you are using this web site and have your parents e-mail us at tickets@telecharge.com so that we may delete any information we may have collected about you.
9. 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.
10. 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 the third parties’ direct marketing purposes. If you are a California resident and would like to make a request regarding such information please e-mail us at feedback@telecharge.com.
Effective Date: 11/27/06
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