The rules and explanations below are the Terms and Conditions of use (“Terms”) of this web site (the “Site”, also “we”; “us; “our”). These Terms represent our current policy regarding your use of the Site, and, in the section titled “PRIVACY POLICY”, below (the “Privacy Policy”), our collection of data through your use of the Site, and our use of that data. These Terms and the Privacy Policy apply to the operator of this Site, The Shubert Foundation, Inc., and its affiliate entities. We may change these Terms at any time and from time to time, effective immediately upon posting on the Site. Please read these Terms before using the Site. If you cannot comply with these Terms please do not access or otherwise use the Site. By using the Site, you are indicating your agreement to be bound by these Terms.

LIMITED LICENSE

We grant you a non-exclusive, limited, revocable license to visit and use the Site, provided you agree to comply with these Terms and the other policies and conditions governing your use of the Site. Nothing in this license, or in the Site, shall be construed as granting you any other rights or privileges with respect to the Site or its content. In addition, we may terminate your right to access or otherwise use the Site at any time, without giving you notice.

USE RESTRICTIONS

We are providing the information on the Site for your personal and noncommercial use only, subject to our giving you express written permission to use the Site otherwise. You may not copy, modify, distribute, display, perform, create derivative works from, or transfer any of the content on this Site (except for your own personal, non-commercial use) without our prior, express written permission.

You may only use the Site for lawful purposes. Please make sure that your use of the Site complies with all applicable local, state and federal laws. You may not disrupt, modify or interfere with the Site or its associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others.

You agree that you will not use any automatic device, software, or routine including, without limitation, any robots, spiders, webbots, web wanders, crawlers, worms, or webants, or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of the Site. In addition, you agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect the Site or to enforce our policies, including without limitation, and if and where applicable, the “CAPTCHA” system used on this Site and limits on ticket purchases. You agree not to attempt to conceal your identity in any way or by any means, including by using multiple names, physical addresses, Internet Protocol (“IP”) addresses, or e-mail addresses to interact with the Site, including, if and where applicable, to purchase tickets on the Site; engaging in IP spoofing, IP address forgery, host file hijacking, or similar conduct; interacting or engaging with the Site through proxy servers or virtual private networks, such as Hola! or similar services, used to mask your identity; and/or undertaking any similar conduct and/or using any similar products or services to access the Site in such a way as to conceal your identity.

If you violate these Terms (or if we in our sole discretion believe you have violated any of these Terms), we may terminate your use of the Site, bar any future use of the Site by you (and by any IP addresses we believe to be associated with your use of the Site), cancel any purchase order made by you, and/or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.

LINKING

This Site may contain hyperlinks to other web sites. Unless otherwise stated, which statement may be contained on said hyperlinked website, we do not operate these other web sites and are not responsible for, and do not endorse the contents, information, products, or services provided on, any hyperlinked web sites. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with your use of or reliance on such hyperlinked web sites, or the contents, information, products or services provided on such hyperlinked web sites.

We grant you permission to link your website to the home page associated with this Site, located at http://www.shubertfoundation.org/, subject to these Terms and your agreement to comply with all such Terms, and provided that your linking to the Site does not cast the Site or any websites affiliated with the Site or with us in a false or misleading light. You may not link your website to any internal page on this Site without our express written permission. In addition, you may not frame on another website any information located on this Site without our express written consent. You may request such consents by sending an e-mail request at amyd@shubertfoundation.org. The permission granted herein to link to the home page associated with this Site may be revoked at any time without cause. You may not link to our home page from any website that (a) violates any applicable law or regulation, (b) infringes the patent, copyright, trademark, trade secret, or other intellectual property rights of others or violates any privacy, publicity, or personal rights of others; or (c) contains defamatory, obscene, threatening, abusive, or hateful information or expressions. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys' fees, arising out of or in connection with your linking to our Site or the use by others of the contents, information, products or services provided on your site.

INTELLECTUAL PROPERTY

THE SHUBERT FOUNDATION(R) and THE SHUBERT ORGANIZATION(R) are registered trademarks owned by this Site and/or entities affiliated with this Site. Other trademarks appearing on this Site are the property of their respective owners. You may not publicly use any trademarks owned by us without our express written permission. You also may not publicly use any meta tags or any other “hidden text” that incorporate our trademarks without our express written permission. You may request such permission by sending an e-mail request at amyd@shubertfoundation.org. In the event that we grant you such permission, you will not gain any rights to our trademarks.

The contents of this Site, such as text, graphic images and other materials (the “Works”) are protected under U.S. and foreign copyright law. The Works may include text, software, graphics, photographs, videos, music and sound. In addition, the aggregated contents of this Site are copyrighted as a collective work/compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. You may request such permission by sending an e-mail request at amyd@shubertfoundation.org. In the event that we grant you such permission, you will not gain any ownership rights to our copyrighted material.

We do not grant you any express or implied right under any of our trademarks, copyrights or other proprietary information, and we reserve all rights not expressly granted herein to the same. You may not modify or download any of the content or materials found on this Site; use the content or materials found on this Site for any public display, performance, sale, or rental; transfer, remove, modify, or alter any trademark, copyright, or other proprietary content or materials from this Site; or copy any content or materials from this Site for any purpose prohibited by these Terms.

DISCLAIMER

You are using this Site at your own risk. We do not guarantee that your personal information will remain private. Please see our Privacy Policy, below, for information regarding the measures we take to protect your personal information. We do not promise that there will be no errors transmitting information to and from this Site. We do not promise that information you receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. We make no guarantee of the availability of any tickets or specific results from the use of the Site or of our service.

THIS SITE AND ITS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR USE OF THIS SITE OR THE CONTENT ON THE SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS WEB SITE AND ITS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

By your use of this Site, you agree to waive any claims you may have against us for any damages that you may incur as a result of your use or attempt to use this Site. We may make claims against you for use of this Site that violates these Terms and any other policies posted on this Site. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of this Site or violations of our policies posted on this Site.

DISPUTES

These Terms and any dispute regarding these Terms shall be governed by and construed in accordance with New York State law without regard to principles of conflict of laws. Except as otherwise stated explicitly in these Terms, any disputes arising out of or relating to the use of this Site may only be brought in the state or federal courts located in New York County, New York State. Therefore, by accepting this policy, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Site.

PRIVACY POLICY

This Site collects no personally identifiable information, or other sensitive information, from users of this Site.

This Site collects non-personal information and other data using cookies and similar technologies placed onto your device’s hard drive. Cookies perform a myriad of functions for web users and web sites, including that they allow us to recognize repeat users, to track users’ behavior on the Site, and to improve users’ experiences on the Site.

Information derived from cookie information may also be shared with third parties (such as the vendors we use to build and maintain this Site). But in no case will any personally identifiable information, or other sensitive information, be collected by cookies or shared by the operators of this Site with any third parties. The recipient’s use of any cookie information that we share with third parties (such as vendors) will not be subject to this Privacy Policy, and we will not control the recipient’s use of it. The recipient’s use of information we transfer to it is governed by its own privacy policy and applicable law. For example, this Site is hosted by Squarespace, and Squarespace includes its own cookies and other tracking technologies within this site, all of which will be governed by Squarespace’s policies located at https://support.squarespace.com/hc/en-us/articles/360001264507-About-the-cookies-Squarespace-uses. In addition, this Site contains embedded videos hosted on Youtube.com, which also uses its own cookies and other tracking technologies with respect to those videos, which will be governed by Youtube and Google’s policies located at https://policies.google.com/technologies/types?hl=en.

You can control, via your device and browser security setting, whether a cookie is placed on your hard drive. You may set the preferences on your web browser to refuse or limit the placement of cookies on your hard drive. However, the refusal to accept any cookies may prevent you from using some of the features of the Site. You can also delete cookies placed on your hard drive using your browser options.

By applying for a grant from The Shubert Foundation through this Site, you shall be submitting your grant application materials through our third-party grants-management vendor, Fluxx, who will also host those materials. Fluxx’s handling of grant application materials is governed by Fluxx’s privacy policy, located on Fluxx’s site: https://www.fluxx.io/.  The application materials that you will be making available to us, through Fluxx, may include certain information about you and your company, which may include your and your co-workers’ names, e-mail addresses, telephone numbers, and other personally identifiable information, and business information, including business financial information. We use this information to process and communicate with you about your grant application. Fluxx may use the information as described in their own privacy policy.

Any information we collect through cookies is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders.   

California law permits users of this Site who are California residents to ask us about what information we collect from them and maintain about them, and about how we collect it, use it, and if and how we disclose it to third parties—all as described in the preceding paragraphs of this Privacy Policy.  California residents may also request that we not disclose information that we have collected about them to third parties.  If you are a California resident, you can make these inquiries or requests by emailing us at amyd@shubertfoundation.org, or by calling us, toll-free, at 833-967-0685.  We will not discriminate or retaliate against you in any way for making any inquiry or request as described herein; however, please understand that certain features of this Site and our services will be unavailable to you if you choose not to permit us to collect, use, transfer, or disclose data about you, or if you ask us to delete data we have collected about you.

This Site does not collect personal or other sensitive information from anyone, including people in the European Union and/or children, and EU entities (and children) are not eligible to submit applications for grants through Fluxx’s portal available on this Site.

At the bottom of our Privacy Policy, we have posted the Effective Date of the Privacy Policy. If that date has changed since the last time you visited our Site, it means we have made a change to the Privacy Policy.

If you need to contact us for any reason, please email us at amyd@shubertfoundation.org.

Effective Date: February 13, 2020