Last Updated: June 4, 2023
We may refer to you or any individual that uses the Site as “you” or “your” or a “user.” If we use the term “Production Entities,” in addition to us, that term means and includes our sponsors, affiliates, suppliers, producers and production companies, promotional and advertising partners (including, without limitation, American Girl, LLC and Mattel, Inc.), operational service providers (including, without limitation, the owners and operators of the venues and theaters for the Performances), licensors, licensees, agents, representatives, successors, and assigns and each of our and their respective parent, subsidiary, and affiliate companies.
When you see the word “use” or “using,” we mean any time you, directly or indirectly, attempt to or actually do access, interact, display, view, browse, print, copy, transmit, receive, or exchange data, messages, content, or you otherwise communicate with us or anyone else, including, without limitation, another user, advertiser, or any person, firm, or business you may encounter on or through the Site (to the extent facilitated by the Site’s functionalities). We will also consider you to be using the Site if you utilize, benefit, take advantage of, or interact with any Content in, on, or available through the Site, for any purpose, or if you try to do any of these things.
From time to time, we test various aspects of the Site, including the platform, the app, user interfaces, service levels, plans, promotions, and features, and we reserve the right to include you in or exclude you from these tests without notice.
The “Tour Dates” section of the Site lists all of the scheduled performances of the Production (each, a “Performance”) and contains hyperlinks to third-party websites where tickets for individual Production performances (“Tickets”) are available for purchase. Tickets are sold by the box office for the venue or theater for the applicable Performance (the “Box Office”) and the relevant Box Office (and its third-party payment processor, as applicable), and not Gershwin Entertainment, is responsible for administering all ticketing matters in accordance with its ticketing terms, conditions, and policies, including, without limitation, (i) setting Ticket prices and other processing, service, convenience, shipping, and delivery fees, (ii) handling Ticket transactions, including purchases, exchanges, and refunds, (iii) setting any limits on the number of Tickets that may be purchased and enforcing unfair Ticket buying practices, (iv) collecting payments for Tickets and remitting refunds for Tickets, (v) maintaining the security of any personal information and payment information provided when purchasing Tickets, (vi) determining seating locations, (vii) providing disability accommodations and complying with Applicable Law (defined below) in connection therewith, (viii) replacing, refunding, crediting, voiding, or otherwise handling lost, stolen, or counterfeit Tickets, (ix) setting and enforcing the rules for admission to the venue or theater for the applicable Performance and allowing or refusing admission to, or ejecting, any Ticket holder therefrom, (x) determining the rules for the transferability of Tickets and validating or authenticating re-sold Tickets, and (xi) addressing and resolving all other questions, concerns, and issues pertaining to Tickets or the venue for its Performance(s).
Gershwin Entertainment does not guarantee that you will be able to purchase Tickets for the Performance shown on the Site or that such Tickets will be available, and is not responsible for any typographical or system errors with respect thereto.
Occasionally, Performances are canceled, postponed, rescheduled to a different date or materially different time, or moved to a different venue. If any of the foregoing were to happen, we will do our best to work with the Box Office for that Performance to ensure Ticket holders are notified promptly and receive a satisfactory resolution for Ticket holders, though the Box Office will be responsible for all customer service inquiries, questions, and concerns and have the ultimate discretion to determine whether Tickets will be refunded, credited, replaced, or honored for future Performances in accordance with the Box Office’s ticketing terms, conditions, and policies. We will not be liable for any costs and expenses (including, without limitation, travel expenses) incurred by any Ticket holder or anyone else in connection with a canceled, postponed, rescheduled, or moved Performance.
You voluntarily assume all risks, hazards, and dangers incidental to the Performance for which the Ticket is issued, whether occurring before, during, or after the Performance, and you waive any claims and potential claims for personal injury or death against Gershwin Entertainment and each of the other Production Entities, on behalf of yourself and any accompanying minor. You bear all risks of inclement weather.
The Site and, except as described below, all Content is either the property of Gershwin Entertainment or the property of our Production Entities, third-party authors, developers, advertisers, vendors, or users or their respective parent, subsidiary, and affiliate companies (collectively, “Third-Party Providers”) and is protected by Applicable Law. To avoid any doubt, when we use “Content” it includes, but is not limited to, such things as software, code, design, text, images, photographs, illustrations, animations, audio, video and audio-visual material, art, graphic material, proprietary information, data, databases, service marks, trademarks, trade names, distinctive identification such as logos, the selection, sequence, “look and feel” and arrangement of items and all copyrightable or otherwise legally protectable elements of the Site. All product names, company names, marks, logos, and symbols may be the trademarks of their respective owners, including, without limitation, American Girl® and associated trademarks are owned by, and used by us under license from, American Girl, LLC.
We reserve the right to deny you access to any and all parts of the Site for any reason and at our sole discretion. We do not assume any responsibility to monitor the Postings on the Site for accuracy or unacceptable use, nor will any Posting be authenticated or endorsed by us. We encourage you to report offensive or illegal content by contacting us at email@example.com and we reserve the right to block transmission of, and or remove any Posting that you make for any reason, and without prior notice to you. Without limiting the generality of the foregoing, you expressly acknowledge and agree any Postings that you make to the Site is not confidential and that the following rules shall apply to your use of the Site.
You may never use, allow or enable others to use the Site or knowingly condone use of the Site to do or attempt to:
We reserve the right to remove, reject, or delete any User Content or Postings made to the Site, but we assume no responsibility for doing so or monitoring Postings. We do not and cannot review all Postings made to the Site and are not responsible for such Postings, regardless of whether at any time we choose in our sole discretion, to monitor or remove User Content or Postings on the Site.
Infringement Claims. We respect the intellectual property rights of others, and ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, in accordance with the Digital Millennium Copyright Act (as may be amended from time to time, the “DMCA”), please provide the following information to our designated agent: (i) an electronic or physical signature of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material you claim is infringing is located on the Site; (iv) your address, telephone number, and email address; (v) a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement made by you, under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owners behalf. Our designated agent may be contacted as follows:
Gershwin Entertainment Corp.
Attention: DMCA Designated Agent
4 Keane Court
Rye, NY 10580
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification of claimed infringement and may result in your having to repeat some or all of the above process.
Notice and Takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA in the event a counter-notification is received, as described below. We may, at our discretion, deny access to the Site by, or disable and/or terminate the accounts of, users who may have infringed the copyright(s) of others.
Copyright Counter-Notices. If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, you may, pursuant to Section 512(g) of the DMCA, file a counter-notification by providing our agent, at the email address set forth above, with a written communication that sets forth the items specified below. Please note that, under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain User Content infringes your copyright or the copyrights of others, we suggest that you first contact an attorney. To expedite our ability to process your counter-notification, please do the following: (i) identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access; (ii) provide your full name, address, telephone number, email address and, if you have an account, the username of your account; (iii) provide a statement that you consent to the jurisdiction of the United States District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which Gershwin Entertainment may be found, and that you will accept service of process from the person who provided notification to our agent in accordance with the process outlined above or an agent of such person; (iv) include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;” and (v) sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Send the communication to the following address:
Gershwin Entertainment Corp.
Attention: DMCA Designated Agent
4 Keane Court
Rye, NY 10580
After we receive your counter-notification, we will forward it to the party who submitted the original notice of claimed copyright infringement. Please note that, when we forward the counter-notification, it includes any of your Personal Information set forth in the counter-notification. By submitting a counter-notification, you consent to having such Personal Information revealed in this way. We will not forward the counter-notification to any party other than the original claimant. After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to your User Content or other material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).
Foreign Counter-Notification. If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership of the copyrighted material that is subject to the notice of claimed infringement. Be aware that there may be adverse legal consequences in your country and/or the United States if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether User Content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of New York. If you do wish to file a counter-notice, you should follow the process for counter-notifications set forth above.
Disclaimer. We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.
From time to time, the Site may enable users to post comments or other user-generated content on Facebook and/or other social media services, which may be accessible or viewable (via the Site and/or on that social media platform) to the poster’s friends/connections or others who have access to view their social media postings, and may personalize and otherwise enhance the user’s experience on the Site based on the information they share with those social media services, such as basic information, likes, and interests. While we hope that you find these features to be a great way to share and discover information and new content, these social media services also offer ways to manage the information you share with Gershwin Entertainment in this manner. Pay careful attention to your account settings and privacy settings on those social media services, which will impact this feature of the Site and may give you some control over the information that is shared and who it is shared with. See the websites of these social media services for more details.
By interacting with the social media accounts owned and/or controlled by Gershwin Entertainment or the other Production Entities and/or otherwise relating to the Production, you acknowledge and agree that you are consenting to the continuous release of information about you to others, including to your social media accounts, in accordance with your privacy settings and your account settings on the Site and those social media services. If you do not want information about you to be shared in this manner, do not use the social media features on the Site.
Your correspondence or business dealings with, or participation in promotions of, advertisers and other users found on or through the Site are solely between you and such advertiser or user. You agree that we will not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or users via the Site.
You agree that, with respect to any User Content, Posting, feedback, event, analysis, suggestions, and comments to Gershwin Entertainment or the other Production Entities provided by you (collectively, “Feedback”), in consideration of Gershwin Entertainment providing access to the Site free of charge, you hereby grant to Gershwin Entertainment the exclusive perpetual, irrevocable, and worldwide right to use, copy, display, perform, translate, modify, license, sublicense, and otherwise exploit all or part of the Feedback or any derivative thereof in any embodiment, manner, or media now known or hereafter devised, without any remuneration, compensation, or credit to you. You represent and warrant that you have the right to make the foregoing grant to Gershwin Entertainment and that none of the Feedback infringes any intellectual property or any other rights of third parties or Applicable Law. Notwithstanding the foregoing, we grant to you a non-exclusive, non-transferable, non-sublicensable, worldwide, perpetual, and irrevocable right and license to use the Feedback for your own personal, non-commercial purposes that do not compete, directly or indirectly, with our use of such Feedback.
Although we may update the Content on the Site from time to time, please note that some of the information may be out of date and/or may contain errors or inaccuracies. You rely on the information contained on the Site at your own risk. The Site and the Content are made available “as is” and “as available,” without any representation or warranty of any kind, express or implied, including any warranties of title, non-infringement, reliability, merchantability, or fitness for a particular purpose. There is no guaranty or assurance that all or any part of the Site will be available for use, perform as described, or that the Site and the Content are accurate, timely, complete, or error-free and you should not rely on the Site or any Content for any decisions or actions you may or may not choose to make or take. Neither Gershwin Entertainment nor any of the Production Entities are responsible nor liable for any damage to you or your property, loss of data, or inability to access or use the Site or the Content, even if due to malicious or unauthorized code. You are solely responsible for ensuring you have appropriate mechanisms to protect and secure your equipment, programs, and information because you are assuming all risk of loss or damage that may arise or be associated with use of the Site.
To the extent the Site enables users to use the Site to market their own products and/or services, the above limitations shall also apply with respect to damages incurred by reason of any such products or services marketed, sold, or provided by users, or otherwise by third parties other than Gershwin Entertainment and received by you through or advertised via the Site or third-party websites.
20. Third-Party Links.
The Site may contain links to or advertisements for websites operated by third parties, including, without limitation, any one or more of the Production Entities. The links to and advertisements concerning third-party websites are provided for your convenience only. We do not control such third-party websites and we are not responsible for the content and performance of these third-party websites or for your interactions with them. Our inclusion of links to or advertisements for such third-party websites does not imply any endorsement of the material, products, or services provided by such third-party websites or any association whatsoever.
21. Geographic Disclaimer.
The Site is intended for users who are United States residents. We make no representations that the Site is appropriate or available for use in other locations. Access to the Site and the Content may not be legal for some persons or in some countries outside the United States. If you elect to access and use the Site and Content from outside of the United States, you do so at your own risk and are solely responsible for complying with all Applicable Law.
22. Choice of Law.
23. Waivers of Certain Legal Rights.
You agree that you will only sue Gershwin Entertainment and the Production Entities as an individual, and that you will not file a class action or participate in a class action against any one or more of such parties.
24. Right to Notify to Law Enforcement.
25. Entire Agreement.
Gershwin Entertainment Corp.
Attention: General Manager
4 Keane Court
Rye, NY 10580
30. Notice for California Residents.
Under California Civil Code Section 1789.3, users of the Site from California are entitled to receive the following information on how to resolve a complaint regarding the Site or to receive further information regarding use of the Site:
Such complaints or requests may be submitted to Gershwin Entertainment by email at firstname.lastname@example.org.
© 2023 Gershwin Entertainment Corp. All rights reserved.