Terms & Conditions

PLEASE READ THESE TERMS OF USE CAREFULLY

These Terms of Use ("Terms") govern your use of the mtishows.co.uk website (the "Site"), and is between you and MUSIC THEATRE INTERNATIONAL (EUROPE) LIMITED and our affiliates (collectively, referred to herein as "MTI" or "we" or "us" or "our").

BY ACCESSING OR USING ANY PART OF THE SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS, and any additional terms and conditions that are referenced below or otherwise may apply to specific areas of the Site, WHETHER OR NOT YOU BECOME A REGISTERED USER OF THE SITE. If you do not agree to THESE TERMS, please do not access or otherwise use the Site.

Certain features, products or software that you purchase or download from the Site may be subject to additional terms and conditions presented to you at the time that you use, purchase or download them. And if you decide to enter a contest or sweepstakes, we present the terms and conditions for the contest or sweepstakes to you. In addition, some areas of the Site are provided by our third party partners and are subject to separate terms and conditions of use, which are posted within those areas.

Minors: This Site is intended solely for users who are thirteen (13) years of age or older. Any registration by, use of or access to this Site by anyone under 13 is unauthorised, unlicensed and in violation of these Terms. By using the Site, you represent and warrant that you are 13 or older. If we learn that you are less than 13 years old, among other things, your profile on the Site will be removed and your membership will be terminated without warning.

If you are not of an age old enough to enter into contracts in your state (i.e., a "minor"), you need to review these Terms with your parent or guardian before using this Site. If your parent or guardian does not agree to be bound by these Terms as applied to you, then you are not authorised to access or use this Site for any purpose.

We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time, provided that we may only amend the alternative dispute, venue and time limit of claims provisions to the extent allowed by applicable law. Please check these terms periodically for changes. Your continued use of this MTI Site following the posting of changes to these terms will mean you accept those changes. Any rights not expressly granted herein are reserved to MTI.

[NOTE: THIS TERMS OF USE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISION IN THE "BINDING ARBITRATION" SECTION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS TERMS OF USE AND WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND US OR OUR AFFILIATES. YOU HAVE A RIGHT TO OPT OUT OF THE BINDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS AS FURTHER DESCRIBED IN THE "BINDING ARBITRATION" SECTION BELOW.]

RESTRICTED SERVICES

Some services offered on the Site that are accessible upon the submission of a proper application, including without limitation the granting of performance licenses and/or the purchase of Broadway Junior ShowKitâ„¢ or any other MTI Theatrical Resources, are limited to authorised users which are approved by MTI. We reserve the right to deny any application for such licenses or requests for such purchases at our sole discretion. In addition, we reserve the right to terminate any user's account with MTI at any time for any reason.

Proprietary Rights

As between you and MTI, and except for your Submitted Materials (as defined below), MTI owns, solely and exclusively, all rights, title and interest in and to the Site, all the content available on or through the Site (including, but not limited to, all audio, photographs, images, illustrations, renderings, drawings, webcasts, RSS feeds, podcasts, graphics, logos, information, games, widgets, gadgets, applets, and other video or audiovisual materials), software, data and other materials available on or through the Site (collectively, the "Site Content"), the look and feel, design and organisation of the Site, and the compilation of the Site Content thereon, including but not limited to any copyrights, trademark rights, patent rights and other intellectual property and proprietary rights therein. Your use of the Site does not grant to you ownership or title of, in or to the Site, any Site Content or any other part of the Site.

Limited License

Subject to the terms and conditions set forth in the Terms, MTI grants you a non-exclusive, non-transferable, limited license to access, view, use and display the Site and Site Content on your computer or other Internet-capable device, provided that you comply fully with these Terms. The Site and Site Content are solely for your personal, educational and noncommercial use. Any commercial use, distribution, publishing or exploitation of the Site or any Site Content is not allowed unless you have received the express prior written permission of MTI or the other applicable rights holder. You may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from this Site unless explicitly authorised in these Terms or by the owner of the materials.

Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") that may be displayed on the Site or in any Site Content are registered and unregistered Trademarks of ours and other third parties and may not be used unless expressly authorised by the Trademark owner.

For example, MUSIC THEATRE INTERNATIONAL, MTISHOWS.CO.UK and all of our other trademarks, logos, service marks, trade names, graphics, designs, page headers, button icons, scripts and service names are the registered and unregistered trademarks or trade dress of Music Theatre International. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Trademark displayed on the Site unless you have received the express prior written permission of MTI or the other applicable rights holder.

Submitted Materials

Unless specifically requested, MTI does not solicit, nor does MTI wish to receive, any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, proposals, requests, creative works, pictures, documents, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent on or through the Site in any manner (collectively, "Submitted Materials") will be deemed not to be confidential or secret, and may be used by MTI in any manner consistent with these Terms and the Site's Privacy Policy.

By submitting, uploading or posting Submitted Materials on or to the Site, you: (i) represent and warrant that either (A) your Submitted Materials are original to you and that no other party has any rights thereto or (B) that you have the necessary licenses, rights, consents and permissions to use such Submitted Materials and submit them to the Site for MTI or its affiliate's use in accordance with these Terms, and that any "moral rights" in the Submitted Materials have been waived; and (ii) you grant to MTI (and its affiliates) a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it (in whole or in part) in other works (including, without limitation, the Site), products or services in any form, media, or technology now known or later developed. MTI cannot be responsible for maintaining any Submitted Material that you provide to MTI, and MTI may delete or destroy any such Submitted Material at any time.

Rules of Conduct

While accessing or using the Site, the Site Content and the various other features available on the Site, in addition to any other supplementary terms and conditions that may be posted or otherwise made available on the Site, you agree that you shall not:

impersonate any person or entity or misrepresent your affiliation with any other person or entity;

insert your own or a third party's advertising, branding or other promotional content (including, without limitation, hyperlinks) into any of the Site Content or services on the Site (including, for example and without limitation, in an RSS feed or podcast received from MTI or otherwise through the Site), or into any of your Submitted Materials that you may submit on the Site;

use, redistribute, republish or exploit any part of the Site or any Site Content for any commercial or promotional purposes, or contact any other user of the Site for commercial or promotional purposes, or offer to buy or sell any product or service on or through your activities on the Site;

alter, edit, delete, remove, fail to display, otherwise change the meaning or appearance of, or repurpose any of the Site Content, including, without limitation, any trademarks, trade names, logos, service marks, promotional taglines, or any other proprietary content or proprietary rights notices included therein or thereon;

obtain or attempt to gain unauthorised access to other computer systems, materials, information or any services available on or through the Site through any means, including through means not intentionally made publicly available or provided for through the Site;

engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses or other personal information, or any other automatic or unauthorised means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;

use the Site or its features and services in any manner that could interrupt, damage, disable, overburden or impair the Site or interfere with any other party's use and enjoyment of the Site, such as sending mass unsolicited messages or "flooding" servers with requests;

circumvent, reverse engineer, decrypt, or otherwise alter or interfere with (or attempt, encourage or support anyone else's attempt to do any of the foregoing) the Site or its services or any software on the Site;

take any action that would constitute or could be interpreted as an endorsement or sponsorship by MTI of any third party site, content, information or other materials, or in any manner that would violate the terms and conditions of any such third party sites;

upload, post, transmit, distribute or otherwise publish to, on or through the Site, any information or materials which are false, fraudulent, misleading, unlawful, threatening, abusive, harassing, hateful, racially, ethnically or otherwise objectionable, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, including without limitation, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;

use the Site or the Site Content to, or in any other manner, violate, plagiarize or infringe the rights of third parties, including without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or rights of publicity or any other proprietary or legal right;

upload, post, publish, distribute or otherwise transmit any information or material which constitutes or contains a virus, spyware, or other harmful component, or which contains any embedded links, advertising, chain letters or pyramid schemes of any kind; or use the Site or any Site Content, in whole or in part, in violation of any applicable law.

Public Forums

The Site may include certain features that allows users to interact and communicate with each other and/or with the general public (such as messaging services, chat services, wikis, bulletin boards, message boards, blogs and other similar forums, areas and services) (collectively, the "Forums"). All of these Terms (as well as any other applicable, supplementary terms and conditions posted or otherwise made available in connection with particular features or services on the Site), are applicable to your use of the Forums. It is important to remember that content submitted to a Forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, and you may have no control over who will access or view them eventually. Therefore, you should be careful and selective about the information and content that you choose to disclose in such Forums and on the Site in general about yourself and others, and in particular, you should not disclose any sensitive, personally identifiable, proprietary or confidential information or content in your submissions to the Forums.

Right to Monitor and Editorial Control

MTI reserves the right (but does not have nor assume any obligation) to monitor and/or review all information and materials posted or otherwise submitted to the Site (including, without limitation, the Forums). MTI is not responsible for any such materials. MTI is not the publisher of user posts, and is not responsible for their accuracy or legality. However, MTI reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in MTI's sole discretion, are objectionable or in violation of these Terms, MTI's policies or applicable law. MTI may also impose limits on certain features or restrict your access to part or all of the Site, without notice or penalty, if MTI believes you are in breach of these Terms or applicable law, or for any other reason without notice or liability.

You also understand and agree that any action or inaction by us or any of our directors, officers, stockholders, employees, consultants, agents or representatives (collectively, "Our Representatives") to prevent, restrict, redress or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms is undertaken voluntarily and in good faith, and you expressly agree that neither we nor any of Our Representative shall be liable to you or anyone else for any action or inaction to prevent, restrict, redress, or regulate content, or to implement other enforcement measures against any content, conduct or potential violation of these Terms.

Although Our Representatives may moderate content, conduct and Terms of Use compliance on our website at our discretion, Our Representatives have no authority to make binding commitments, promises or representations to anyone that they or anyone else on our behalf will "take care" of any alleged problem or complaint, or that they or anyone else on our behalf will otherwise stop, cure or prevent any problem, content, conduct or purported Terms of Use violation from occurring or recurring. Accordingly, you further agree that any representation (written or verbal) by any of Our Representatives (or by anyone else acting on our behalf or by anyone purportedly acting on our behalf) that we (including but not limited to any of Our Representatives, anyone else acting on our behalf, or anyone purportedly acting on our behalf) would or would not prevent, restrict, redress or regulate content (including, without limitation, screen, block, moderate, review, remove, terminate, delete, edit or otherwise stop, cure or exclude any content), or to implement other enforcement measures against any content, conduct or potential or purported Terms of Use violation is superseded by this provision and is nonbinding and unenforceable. Specifically, you agree that we, Our Representatives and anyone else authorised to act on our behalf shall in no circumstance be liable as a result of any representation that we, Our Representative or anyone else on our behalf would or would not restrict or redress any content, conduct or potential or purported Terms of Use violation. This paragraph may not be modified, waived or released except by a written agreement, dated and signed by our Chief Executive Officer and dated and signed by the individual or entity to whom the modification, waiver or release is granted.

Indemnification

You agree to defend, indemnify and hold MTI and our affiliates and our respective directors, officers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from (i) your use of the Site or the Site Content, (ii) your Submitted Materials, in whole or in part, or (iii) any breach or violation of the law or these Terms by you or by someone accessing the Site via your account. MTI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with any such defense. This indemnification, defense and hold harmless obligation will survive these Terms of Use and the termination of your use of this Site.

Linking to the Site

You agree that, without the prior express permission of MTI: (a) if you include a link from any other web site to the Site, such link shall open in a new browser window; (b) you are not permitted to link directly to any image hosted on the Site, such as using an "in-line" linking method to cause the image hosted by us to be displayed on another web site; and (c) you may not link from any other web site to the Site in any manner such that a the Site, or any page of the Site, is "framed," surrounded or obfuscated by any third party content, materials or branding. The posting or creation of a link to any the Site signifies that you have read the restrictions described herein and agree to abide by their terms. MTI may, in its sole discretion, insist that any link to the Site be discontinued, and MTI may revoke your right to link to the Site from any other web site at any time upon written notice to you.

Third Party Web Sites

You may be able to link from the Site to third party web sites and third party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that MTI has no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not necessarily constitute an endorsement, approval or sponsorship thereof by MTI. If you choose to rely on any Linked Site, you are doing so at your own risk, and you assume all responsibilities and consequences resulting from such choice. When you visit a Linked Site you should read the terms of use and privacy policy that govern that particular linked site.

Jurisdictional Issues

The Site is intended for users who are located in Europe. MTI does not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Termination; Account Deactivation

MTI may terminate, change, suspend or discontinue any aspect of the Site at any time. MTI may restrict, suspend or terminate your access to the Site, to any Site Content and/or its services if we believe you are in breach of these Terms or applicable law, or for any other reason without notice or liability. MTI maintains a policy that provides for the termination in appropriate circumstances of the Site use privileges of users who are repeat infringers of intellectual property rights.

Electronic Communications

The communications between you and us via this Site use electronic means, whether you visit this Site or send us an email, or whether we post notices on this Site or communicate with you via email. For contractual purposes, you consent to receive communications from us in an electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

Miscellaneous

These Terms and the relationship between you and MTI shall be governed by the laws of the United Kingdom without regard to its conflict of law provisions. You agree that any cause of action that may arise under these Terms shall be commenced and be heard in the appropriate court in the United Kingdom. You agree to submit to the personal and exclusive jurisdiction of the courts located within the United Kingdom. MTI's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. These Terms, together with any documents incorporated herein, as well as all other policies, guidelines and procedures published by MTI on the Site, contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of the Site.

Copyright

We respect the intellectual property rights of others, and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please email the following information to info@mtishows.co.uk

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorised by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright interest; and

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 authorised to act on the copyright owner's behalf.

Effective Date: 22 December 2016