Terms of Service

Thank you for visiting the New York Musical Theatre Festival ("NYMF") site. This site is designed to allow visitors to learn more about NYMF, its musicals and other programs and to receive useful information about NYMF productions. NYMF provides its information and services to you subject to the following terms and conditions.

Please read carefully the following terms and conditions relating to your use of this site. By using this site, you are deemed to have agreed to these terms and conditions of use. We reserve the right to modify them at any time. By using this site after we post any changes to these terms and conditions, you agree to accept those changes. We may in our sole discretion change some or all of our services at any time.

Privacy Policy
Please see our full Privacy Policy for information regarding our privacy practices.

Purchasing Policy

By submitting payment via the NYMF Website, you acknowledge that you are engaging New York Musical Theatre Festival or its affiliates to provide services, and that those services will have, in effect, commenced upon the receipt of your application.  Accordingly, all fees for services to be provided by NYMF or its affiliates (including without limitation all application fees, participation fees, and fiscal sponsorship donations) are non-refundable.

Online payments for print advertisements are refundable only if cancelled within 14 days of purchase or by 72 hours before the deadline for reserving such services, whichever is earlier. All such refunds are subject to a 25% administrative surcharge.

Ticket purchases are not refundable, except in the event that the performance is cancelled or rescheduled, but may be exchanged up to 48 hours before the event for donation credit.  T-shirts and other products are not refundable but may be exchanged within 30 days if unworn or unused and in original condition. 

Unless otherwise noted, tickets purchased will be available for pickup at the door one hour before the performance.  T-shirts and other products will be mailed via first class mail within five business days.

Copyright Notice

All text, images, graphics, sounds and software code ("Content") on this Website are copyright property of NYMF and its programmers unless otherwise noted. They may only be used for the personal education of Website visitors. They may not be placed in the public domain. You may not reproduce, redistribute, publish or otherwise use by electronic or any other means any of the Content without our prior written consent.  Content related to individual productions presented by NYMF are the copyright property of personnel related to each individual show.

Trademarks

"New York Musical Theatre Festival" and other marks indicated on our site are service marks of NYMF. They may not be used or displayed without the prior written consent of NYMF. All other trademarks, product names and company names and logos appearing on the NYMF Website are the property of their respective owners.

User's Obligations and Eligibility

In consideration of your use of the site, you agree to: (a) provide true, accurate, current and complete information about yourself and (b) maintain and promptly update the information you supply to us to keep it true, accurate, current and complete.
Our services are only available to individuals who can form legally binding contracts under applicable law. Our services are not available to minors. If you do not qualify, please do not use our services.

Links to Third Party Sites

This site may contain links to other Internet sites on the World Wide Web. NYMF provides such links for your convenience only, and is not responsible for the content of any site linked to or from this site. Links from this site to any other site do not mean that NYMF approves of, endorses or recommends that site, other than the sites of affiliates. NYMF disclaims all warranties, express or implied, as to the accuracy, legality, reliability or validity of any content on any other site. You hereby waive any claim you might have against NYMF with respect to such other sites.

Termination

NYMF may terminate your access, or suspend any user's access to all or part of NYMF, without notice or recourse, for any conduct that NYMF, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or NYMF.
Disclaimers

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NYMF EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) NYMF DOES NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT NYMF OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NYMF OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS OF USE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

(e) YOU WARRANT THAT ALL MATERIAL POSTED BY YOU TO THE SITE IS YOUR COPYRIGHT PROPERTY OR THAT YOU HAVE THE RIGHT TO USE SUCH CONTENT AND TO GRANT NYMF THE USE OF SUCH CONTENT FOR THE PURPOSES OF PROMOTING NYMF, ITS MUSICALS OR ITS PROGRAMS. YOU AGREE THAT NYMF MAY EDIT OR ALTER SUCH CONTENT (INCLUDING CONVERTING CONTENT FOR USE IN OTHER MEDIA, MAKING ALTERATIONS OF SIZE, CONTRAST, CLARITY, AND OTHER ALTERATIONS) FOR ANY REASON RELATED TO THE AFOREMENTIONED PURPOSES.

Limitation of Liability

NYMF AND ITS AFFILIATES, BOARD OF TRUSTEES, OFFICERS, AGENTS, PARTNERS AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE THE SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF NYMF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ITS RELATED WEB SITES.

Waiver of Jury Trial

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Indemnification

You agree to indemnify and hold NYMF, and its affiliates, board of trustees, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of Content you submit, post to or transmit through the site, your use of the site, your connection to the site, your violation of the terms of service, or your violation of any rights of another.

Applicable Law

These terms will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the NYMF site will be filed only in the state or federal courts located in New York County, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
International Use

NYMF makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws.

Notices

All notices provided for under this Agreement are to be provided by e-mail. As set forth above, it is your sole responsibility to ensure the accuracy and reliability of the e-mail address that you provide, and all of NYMF's notice delivery obligations shall be deemed completed upon the transmission of the e-mail notice from NYMF's computer systems, whether or not such notices are in fact received by you. Any e-mail sent to NYMF shall be deemed received by NYMF at the time such notice is actually received on any NYMF computer system.

General Information

These Terms of Use and the NYMF Privacy Policy constitute the entire agreement and understanding between you and NYMF, superseding any prior agreements and understandings, and govern your use of the site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms and Conditions of Use shall not constitute a waiver of such right or provision. If any provision of the Terms and Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms and Conditions of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the site or the Terms and Conditions of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

You and NYMF are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this agreement.

Copyright Complaints

We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied and is accessible on the site in a way that constitutes copyright infringement, you may notify us by providing our copyright agent the following information:

(1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

(2) a description of the copyrighted work that you claim has been infringed;

(3) identification of the URL or other specific location on the site where the material that you claim is infringing is located;

(4) your address, telephone number, and e-mail address;

(5) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

(6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the site can be reached as follows: Isaac Robert Hurwitz, New York Musical Theatre Festival, PO Box 2639, New York, NY 10108, telephone: 212-664-0979 x11.

Any rights not expressly granted herein are reserved.

Any inquiries concerning these terms and conditions of use should be directed to info@nymf.org

New York Musical Theatre Festival

250 West 49th Street, Suite 601

New York, NY 10019