Last Updated: June 4, 2023
Please read these Terms of Use carefully before using the Site. They describe your rights and responsibilities and form a legally binding agreement between you and us regarding your use of the Site. If, for any reason, you are unable or unwilling to agree to all these Terms of Use, you may not use the Site. Your continued use of the Site means you agree to all the terms and conditions that are described or referred to below.
Unless otherwise expressly stated, these terms and conditions (these “Terms of Use”) represent a legally binding agreement between you and Gershwin Entertainment Corp., for itself and on behalf of its parent, subsidiary, and affiliate companies (collectively, “Gershwin Entertainment”, “we”, “us”, or “our”), regarding your use of our website for the American Girl Live in Concert! touring production and concert (the “Production”), including, without limitation, www.americangirlliveinconcert.com and other affiliated websites, subdomains, mobile versions, applications, and online media under our operation and control (collectively, the “Site”). Your legal agreement with us also includes our Privacy Policy and any other applicable terms and conditions that we disclose or notify you of when you use or attempt to use the Site (collectively, the “Additional Terms”).
The Site includes all web pages within the Site and also includes backup, mirror, replacement, or substitute websites or webpages we make available as part of the services we provide. We will refer to each and every feature, function, service, activity, promotion, and all other content on the Site, individually and/or collectively as “Content” and, when we use the term “Site,” it also includes Content unless we specifically say otherwise. Any terms used but not defined herein are defined in the Privacy Policy.
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.
If you use the Site you agree and acknowledge that (i) you have read and understand the legal agreement you have with us, including these Terms of Use, the Privacy Policy, and any Additional Terms; (ii) that unless you immediately stop using or trying to use the Site, you will be signifying your agreement to be legally bound by and comply with all of the terms and conditions that apply to you under these Terms of Use; and (iii) you are at least eighteen (18) years old or the age of Majority in your jurisdiction, if different. If you are under the age of Majority in your jurisdiction, and at least thirteen (13) years of age, you may use the Site only with the consent of your parent or legal guardian. As set forth in the Privacy Policy, the Site is not intended for children under the age of thirteen (13) and we do not knowingly collect, share, or sell Personal Information (as that term is defined in the Privacy Policy) from children under the age of thirteen (13).
We reserve the right, at any time and from time to time, for any reason in our sole discretion, to add to, delete, and/or modify any or all the terms of the Terms of Use that apply to you, as well as the Site and/or any Content. We display the effective date of these Terms of Use at the top of this page. If you use the affected Site after the changes become effective, it means you are agreeing to be bound by the changes. You should check on a regular and frequent basis and review the terms and conditions that apply to you so you are aware of the current rights and obligations that apply to you.
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.
Gershwin Entertainment’s Privacy Policy is available on the Site, and by accessing the Site, you are agreeing to be bound by the Privacy Policy. The Privacy Policy and any Additional Terms, along with the Terms of Use, form a part of our agreement with you. Please read the Privacy Policy carefully for information relating to our collection, use, and disclosure of your Personal Information.
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.
To the extent the Site enables users to create an account (including, without limitation, a public, private, or semi-private profile) (each, an “Account”) and you register an Account with us or otherwise provide your information, you must complete the Account registration process by providing us with complete and accurate information as requested when registering an Account and, thereafter, as and when requested from time to time and, in doing so, you grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve, and transmit such Account information in connection with the operation of the Site and as otherwise provided herein. As stated above, our information collection and use policies with respect to the privacy of your Account information are set forth in the Privacy Policy. You acknowledge, consent, and agree that we may access, preserve, and disclose your Account information and your Content if required to do so by applicable law, including, without limitation, under U.S. federal, state, local, and foreign laws, regulations, rules, judicial or governmental orders or requests, legal process, and treaties (as may be amended from time to time, collectively, “Applicable Law”), or if we believe in good faith that such access preservation or disclosure is reasonably necessary or helpful to (a) comply with legal process; (b) enforce these Terms of Use, including investigations of potential violations thereof; (c) detect, prevent, or otherwise address fraud or security issues; (d) respond to any claim that Content violates the rights of third parties; (e) provide certain customized features of the Site to you, if any; (f) respond if you us for any reason; or (g) protect the rights, property, or personal safety of Gershwin Entertainment, any one or more of the other Production Entities, other Site users, and the public.
We reserve the right to immediately terminate your Account for any or no reason, at our sole discretion, and without prior notice to you, if, for example, you violate the Terms of Use. Accounts terminated by us for any type of abuse including, without limitation, a violation of these Terms of Use, may not be reactivated. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate your Account and remove from the Site all of your User Content (to the extent applicable).
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.
To the extent the Site contains interactive areas where users can submit or upload to the Site their own content, materials, information, text, data, copyrights, trademarks, logos, designs, insignia, images, photos, music, screenshots, videos, and other intellectual property (collectively, “User Content”), you keep ownership to any and all of your own User Content and these Terms of Use do not deprive you or any holder of your or their rights therein and thereto. However, when you do submit or provide User Content, such as a Posting (defined below), you are giving us an unconditional, irrevocable, transferable, royalty-free, worldwide right and license to use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate, and/or broadcast that User Content and create derivative works based thereupon (“license”) and you are representing and warranting to us you have all necessary rights, consents, and/or permissions to give us such license. If you do not have the right to license User Content to us (or if you are not certain), do not submit or provide User Content to us. We make no representations that your User Content will remain available via the Site in any way. We may remove your User Content at our sole discretion. You understand that any User Content that you post for viewing on the Site is made publicly available to users of the Site, and we do not guarantee any confidentiality with respect to any such User Content, nor does it guarantee that your intellectual or proprietary rights in such User Content will not be infringed or misappropriated.
You may only use our Content and User Content of Third-Party Providers for your own personal use and you have no right to transfer, assign, or use of the foregoing for any other purpose or allow or enable any other person or entity to do so. Personal use excludes all commercial or charitable functions, whether or not money or other consideration is involved, whether or not it is for your benefit or for someone else. You may not use, display, reproduce, perform, adapt, translate, modify, publish, distribute, disseminate and/or broadcast, or create derivative works based upon, Content or User Content that is not yours without our express prior written consent. You may not alter, delete, or conceal copyright or other notices, even if we let you download, display, print, or share the Content or User Content with others. Unauthorized or prohibited use of Content or User Content may subject you to civil liability, criminal prosecution, or both under Applicable Law. Notwithstanding the foregoing, please also see Section 8 in the Privacy Policy entitled “Your Rights” for a description of how you may protect your Personal Information.
As stated above, the Site may allow you to register or create an Account and enable you to submit, provide, furnish, transmit, exchange, communicate, and/or display User Content (“Posting(s)”). By Posting, you represent that you own or have the right to engage in the Posting and you specifically agree your Posting shall not violate Applicable Law, these Terms of Use, or the rights of others. In addition, by registering or creating an Account, you may be automatically subscribed to receive certain email notifications and Content from us (collectively, “Automatic Communications”), or we may give you the option to select and receive certain email notifications and Content from us (collectively, “Voluntary Communications”). You will always have the option to unsubscribe from Voluntary Communications and promotional Automatic Communications. For details, see Section 8.2 in the Privacy Policy entitled “Opting-Out of Promotional Emails.” You are solely responsible and liable for any Postings made under your user ID, name, email address, password, and/or your Account or registration, subscription, and/or profile information. Postings do not reflect our views and we do not represent or warrant the truthfulness, accuracy, or reliability of any Posting, nor do we endorse or support any opinions or ideas expressed in any Posting. Unless and until you notify us that you know or suspect the security of your user identification, login, and password associated with your Account has been compromised, you are solely responsible and liable for any Postings made by any person or entity using your Account login identification or password and you will defend and indemnify us (see the section entitled “Indemnification” below) for any liability resulting from or relating to such Postings. If you determine or suspect someone is using or has used your user identification or login and password, please notify us immediately at gershwinmail@gmail.com.
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 gershwinmail@gmail.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.
Unless otherwise disclosed, all of the trademarks, service marks, and logos displayed on the Site (collectively, the “Trademarks”) are registered and unregistered trademarks of Gershwin Entertainment, one or more of the other Production Entities, or Third-Party Providers. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right in or to the Trademarks without the express written permission of, with respect to our Trademarks, Gershwin Entertainment or, with respect to other Trademarks, the applicable third-party owner or licensor thereof. Except as expressly provided in these Terms of Use, any use of the Trademarks is expressly prohibited.
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
gershwinmail@gmail.com
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
gershwinmail@gmail.com
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.
From time to time, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) may be conducted or made available through the Site, and each of those Promotions may have specific rules that are different from these Terms of Use. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms of Use, except that, in all instances, the dispute resolution procedures and class action waiver contained herein will control and apply.
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.
You agree that Gershwin Entertainment may terminate your access to the Site or any Account you may have, or any portion thereof, at any time, for any reason or no reason, without prior notice to you, and you agree that we shall not be liable to you or any third party for any such termination. Gershwin Entertainment reserves the right to modify, suspend, or discontinue the Site and/or access to it at any time, for any reason or no reason, without prior notice to you, and Gershwin Entertainment will not be liable to you should it exercise such rights, even if your use of the Site is impacted by the change. These remedies are in addition to any other remedies we may have at law, in equity, or under these Terms of Use or any of the Additional Terms, all of which shall be cumulative.
By using the Site, you agree to defend Gershwin Entertainment and each of the other Production Entities against any demands, claims, or actions arising out of or as a result of: (i) your breach or violation of these Terms of Use or any of the other Additional Terms; (ii) your use or misuse of the Site or Content; (iii) any violations of Applicable Law; (iv) claims of infringement, misappropriation, or violation of the rights of others in connection with your User Content and/or Postings; (v) your User Content, including our use, display, or other exercise of our license rights granted herein with respect thereto; and (vi) any unauthorized use of your Account (collectively, “Claims”). You shall indemnify and hold Gershwin Entertainment and each of the other Production Entities harmless from and against any and all losses, damages, costs, and expenses, including, without limitation, attorneys’ fees and court costs, resulting from any such Claim. We have the right, at any time, to assume the defense against any Claim and all negotiations for settlement and compromise and you agree to cooperate with us in any such defense. When we use the phrase “you will defend and indemnify us” anywhere in these Terms of Use, it means and refers to the foregoing provisions of this section of these Terms of Use.
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 fullest extent permitted by Applicable Law, we disclaim, for ourselves and on behalf of the Production Entities, all liability for loss, damage, cost, and/or expense of any kind in connection with or arising from use of the Site or from these Terms of Use, including, without limitation, direct, compensatory, consequential, incidental, indirect, special, exemplary, and punitive damages, regardless of the form of action or basis of the claim and whether or not a party has been advised of the possibility of damages. Some jurisdictions do not allow exclusions of certain warranties or limitations on certain damages so some of these exclusions and limitations may not apply to you under Applicable Law. If any limitation or exclusion of damages or liability is prohibited or restricted by Applicable Law, Gershwin Entertainment and the Production Entities shall be entitled to the maximum limitations and exclusions permitted; provided, however, in no event shall Gershwin Entertainment and the Production Entities’ total and collective liability to you exceed One Hundred U.S. Dollars ($100.00).
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.
You acknowledge and agree that Gershwin Entertainment has offered its Site and entered into these Terms of Use in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Gershwin Entertainment, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and Gershwin Entertainment. You acknowledge and agree that Gershwin Entertainment would not be able to provide the Site to you on an economically reasonable basis without these limitations.
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.
These Terms of Use shall be construed and enforced under the laws of the State of New York applicable to parties residing in and contracts made, executed, and wholly performed within the State of New York. The Uniform Computer Information Transactions Act does not apply to these Terms of Use. With respect to the resolution of any dispute or controversy arising out of these Terms of Use, your use of the Site, or the Production, you specifically agree and submit to the exclusive jurisdiction of the Federal and State courts situated in the County of New York in the State of New York, and you will not object to jurisdiction or venue on the grounds of lack of personal jurisdiction, inconvenient forum, or otherwise, and you hereby waive any right you may now have or hereafter possess to a trial by jury in any action or proceeding commenced with respect thereto.
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.
No claim or action relating in any way to this Terms of Use, the Privacy Policy, Additional Terms, the Site, the Content, or otherwise with respect to the subject matter hereof, regardless of form or the basis of the claim, may be brought by you more than one (1) year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose). Otherwise, such cause of action is permanently barred.
24. Right to Notify to Law Enforcement.
If, for any reason, we believe, have reason to believe, suspect, or are notified of any act, omission, or circumstances which may or could compromise or endanger the health, wellbeing, or safety of any person, cause or lead to damage to persons or property (tangible or intangible), adversely affects, infringes upon, or misappropriates the rights of others, harasses or interferes with any other user or person, firm, or enterprise, interferes with or bypasses our security or other protective measures applicable to our systems, networks, and communications capabilities, breaches or violates these Terms of Use, the Privacy Policy, Additional Terms, the Site, the Content, or any Applicable Law, we have the right, reserving cumulatively all other rights and remedies available to us at law, in equity, or under these Terms of Use or any of the Additional Terms, to report and provide information to any and all regulatory and law enforcement authorities and agencies and take any action permitted by Applicable Law.
25. Entire Agreement.
These Terms of Use, together with the Privacy Policy and any Additional Terms that apply to you, constitute the entire agreement you have with us regarding the Site, the Content, and other subject matter set forth herein and supersede any and all prior or inconsistent understandings that may apply to the subject matter.
26. Severability.
The illegality, invalidity, or unenforceability of any term or condition contained in these Terms of Use is severable and shall not affect the rest of the Terms of Use. Headings are purely for reference and shall not affect the meaning of any term or condition. Any provision which must survive to allow us to enforce its meaning shall survive termination.
27. Assignment.
We may assign, delegate, subcontract, or transfer our rights, obligations, and/or duties under these Terms of Use or any of the Additional Terms to any party at any time without notice to you. You may not assign, delegate, subcontract, or transfer any of your rights, obligations, or duties under these Terms of Use or any of the Additional Terms to anyone else.
28. Waiver.
Any provision of these Terms of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Gershwin Entertainment to exercise or enforce any right or provision of these Terms of Use or any of the Additional Terms will not constitute a waiver of such right or provision.
29. Notices.
We may deliver notice to you under these Terms of Use or any of the Additional Terms by means of email, a general notice on the Site, or written communication delivered by First-Class U.S. Mail to your address on record in your Account, if any. You may give notice to us at any time by letter delivered by First-Class U.S. Mail or overnight courier, return receipt requested, postage prepaid, to the following address:
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 gershwinmail@gmail.com.
If you have any questions about these Terms of Use, please contact Gershwin Entertainment by email at gershwinmail@gmail.com.
© 2023 Gershwin Entertainment Corp. All rights reserved.
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