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TERMS, CONDITIONS AND PRIVACY POLICY

INTRODUCTION AND DEFINITIONS

Broadway Inner Circle Website ("Site") is the online service operated by Broadway Inner Circle, LLC, a New York corporation with its principal place of business in New York (the "Company"), on the World Wide Web of the Internet, consisting of ticketing services, ticketing resources, and related content provided by the Company, and by third parties. "Customer" means every person who establishes a connection for access to and use of the Site.

AGREEMENT WITH TERMS AND CONDITIONS

This Agreement sets forth the terms and conditions that apply to use of the Site by Customer. By using the Site, Customer agrees to comply with all of the terms and conditions hereof. If you violate these Terms and Conditions, Broadway Inner Circle may terminate your use of the Site; bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.

CHANGES IN TERMS AND CONDITIONS

The Company has the right to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to Customer's use of the Site, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Site, or by electronic or conventional mail, or by any other means by which Customer obtains notice thereof. Any use of the Site by Customer subsequent to such notice shall be deemed to constitute acceptance by Customer of such changes, modifications or additions.

CONDUCT OF CUSTOMER

Lawful Use

Customer shall use the Site for lawful purposes only. Customer shall not post or transmit through the Site any material which: (i) violates or infringes in any way upon the rights of others; (ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable; (iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law; or (iv) contains advertising or any solicitation with respect to products or services, unless the Company shall have expressly approved such material in advance of its transmission. Any conduct by a Customer that in the Company's discretion restricts or inhibits any other Customer from using or enjoying the Site is expressly prohibited.

Downloading Of Intellectual Property

The Site contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, and sound, some of which is owned by the Company and some of which is owned by third parties. Furthermore, the entire contents of the Site are copyrighted as a collective work/compilation. The Company owns copyright in the selection, coordination, arrangement, and enhancement of such content, as well as in the content original to it. Customer may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Customer may download copyrighted material for Customer's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express written permission of the Company (and the copyright owner if other than the Company). In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. Customer acknowledges that it does not acquire any ownership rights by downloading copyrighted material.

Uploading Of Intellectual Property

Customer shall not upload, post or otherwise make available on the Site any material protected by copyright, trademark, or other proprietary right, without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any material is not protected by copyright rests with Customer. Customer shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of the Site, Customer automatically grants, or warrants that the owner of such material has expressly granted the Company the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. Customer also permits any other Customer to access, view, store or reproduce the material for that Customer's personal use. Customer hereby grants the Company the rights to edit, copy, publish and distribute any material made available on the Site by Customer.

Purchase of Tickets via Broadway Inner Circle

For any ticket(s) which Customer purchases through Broadway Inner Circle, Customer understands that resale of such ticket(s) may be subject to federal, state and local laws and regulations related to such. Any violation of such laws may result in prosecution of Customer by such agency or other party. Broadway Inner Circle assumes no liability.

DISCLAIMERS AND LIMITATION OF LIABILITY

Use Is At Customer's Risk

CUSTOMER EXPRESSLY AGREES THAT USE OF BROADWAY INNER CIRCLE IS AT CUSTOMER'S OWN RISK. CUSTOMER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF CUSTOMER'S PASSWORD(S), IF ANY. NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS, WARRANT THAT BROADWAY INNER CIRCLE'S SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF BROADWAY INNER CIRCLE, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH BROADWAY INNER CIRCLE.

No Warranties Of Broadway Inner Circle's Service

THE SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

Disclaimer Of Liability

THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. CUSTOMER SPECIFICALLY ACKNOWLEDGES THAT THE COMPANY IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER CUSTOMERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH CUSTOMER.

Customer's Waiver of Damages

IN NO EVENT WILL THE COMPANY, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. CUSTOMER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE SITE.

IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE COMPANY, NOR ITS AFFILIATES, INFORMATION PROVIDERS OR CONTENT PARTNERS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN THE SITE, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES.

INDEMNIFICATION

Customer agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, shareholders, employees, agents, and assigns from and against all claims and expenses, including attorney's fees, arising out of Customer's use of the Site.

EQUIPMENT FOR CUSTOMER'S USE

Customer shall be responsible for obtaining and maintaining all telephones, computer hardware, and other equipment needed for access to and use of the Site and for any/all charges related thereto.

COPYRIGHTS AND TRADEMARKS

In addition to the copyright restrictions set forth above, Broadway Inner Circle and Broadway's VIP Ticket are trademarks of the Company. All Rights Reserved.
Terms, Conditions and Privacy Policy All other trademarks appearing on the Site are the property of their respective owners.

BROADWAY INNER CIRCLE'S CONTENT

A portion of the Site's content is supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, are those of the respective author(s) or distributor(s) and not of the Company. Neither the Company nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. The Company neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Site by anyone other than employee spokespersons of the Company while acting in their official capacities.

ENTIRE AGREEMENT

This Agreement, and any operating rules for the Site established by the Company, constitutes the entire agreement of the parties with respect to the subject matter hereof, and supersedes all previous written or oral agreements between the parties with respect to such subject matter.

CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the State of New York, without regard to its conflict of laws rules. Any cause of action of any nature arising out this Agreement shall be brought in the City of New York.

PRIVACY POLICY

Broadway Inner Circle, LLC, a New York corporation with its principal place of business in New York (the "Company"), created this Privacy Policy in order to demonstrate the Company's firm commitment to your privacy and privacy-related concerns. The following sets forth the Company's information gathering, use, and dissemination practices.

It is the Companies policy to allow our customers to control what personal information you provide to us. As a customer of the Company you control what personally identifiable information is collected, control what the Company can do with the information and have our commitment to your right of privacy.

From time to time, Broadway Inner Circle may ask customers to provide personal information that will help the Company efficiently perform various transactions. That information may be sought as you register for general information, register for a free trial or demonstration of certain products and services, sign up or subscribe to products and services and participate in a special offer or contest.

The Company does not collect personal information -- names, addresses, phone numbers, email addresses or credit card numbers -- about you except when you specifically provide such information on a voluntary basis; like, for instance, purchase tickets, or make inquiries about ticket or reservation availability.

The Company may utilize your personal information in several discrete ways.

If you are purchasing tickets, the Company utilizes your personal information to communicate with you about your ticket order or ticket inquiry. Also, as is always the case whenever you buy a ticket to an event, the entertainment organization is entitled to know the name and address of all who purchased a ticket. The Company has no control whatsoever over the entertainment organization's use of that information.

If you come to our website from one of our strategic partners or register with us, your personal information provided to us may be shared with our strategic partners and used in accordance with their standard policies.

As a valued customer of Broadway Inner Circle, the Company will occasionally contact you, typically by email (or any other way you prefer) in order to notify you of special ticketing promotions and up-to-date news. Of course, if you do not wish to receive this personalized information, you can always let us know by e-mailing us at viptickets@broadwayinnercircle.com, and we will happily abide by your wishes.

Notwithstanding the foregoing, the Company reserves the right to contact you, utilizing your personal information, to inform you of information that might affect your entertainment experience.

The Company uses your Internet Protocol (IP) address to help diagnose problems with our computer server, and to administer our web site. Your IP address is used to help identify you, and to gather broad demographic data. Your IP address contains no personal information about you.

The Company does, however, perform statistical analysis of customer usage in order to measure interest in, and use of, the various parts of the Company's web site, and the Company shares that information with current and prospective advertisers, and other interested third parties. But, this information is aggregated data only (statistics, etc.), and contains no personally identifiable information whatsoever.

Site users should be aware that non-personal information and data may be automatically collected by virtue of the standard operation of the Company computer servers or through the use of "cookies". Cookies are files a website can use to recognize repeat users, and allow a website to track web usage behavior. Cookies take up minimal room on your computer and cannot damage your computer's files. Cookies work by assigning a number to the user that has a specific meaning to the assigning web site. Cookies, by themselves, cannot be used to find out the identity of any user. Unless you choose to provide us with information about you, the Company will never know who you are, even though we assign your computer a cookie. Other companies that place advertising on our site also have the ability to assign a different cookie to you in a process that the Company does not control. But since cookies aren't useable for identifying individuals, these advertisers will never know who you are - and the Company will never tell them! If you do not want information to be collected through the use of cookies, your browser allows you to deny or accept the use of cookies. There may, however, be some features on the Company's website that require the use of cookies in order to customize the delivery of information to you.

Data Quality and Security Statement

The Company maintains strict data security systems that ensure specific individual information will not be made available to any unauthorized person. We use a multi-level security system to control access to information stored for our customers. This is complemented with physical security of our facilities and limited access to certain critical areas.

The Company is committed to work with recognized trade associations and organizations that support consumer privacy.

HEADINGS

The section headings used herein are for convenience only and shall not be given any legal import whatsoever.




©2005 Broadway Inner Circle. All Rights Reserved.
Terms, Conditions and Privacy Policy