TERMS AND CONDITIONS

The rules below are the Terms of Use (“Terms”) of this web site (the “Site”). These rules represent the current policy of Telecharge.com and The Shubert Organization, Inc. (collectively, “we”, “us”, or “our”) regarding your use of the Site. We may change this policy at any time effective immediately upon posting on 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 the 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. 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 this web 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 our Site or to enforce our policies, including without limitation, the “CAPTCHA” system used on this Site and limits on ticket purchases. You agree not to attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to purchase tickets on the Site. 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 your purchase order or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.

Linking
At times, we or third parties may provide you with hyperlinks to other web sites. Unless otherwise stated, 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 other 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 Telecharge.com home page located at http://www.telecharge.com, subject to the Terms stated herein and your agreement to comply with all such Terms. You may not link your Site to any internal page on this site without our express written permission. In addition, you may not frame on another web site any information located on this Site without our express written consent. You may request such consents by sending an e-mail request to feedback@telecharge.com. The permission granted herein to link to the Telecharge.com home page may be revoked at any time without cause. You may not link any web site 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
NETTIKS(R), TELECHARGE(R), TELECHARGE.COM(R), and ONE SHUBERT ALLEY(R) are registered trademarks of The Shubert Organization, Inc. 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 may request such permission by sending an e-mail request to feedback@telecharge.com. 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 to feedback@telecharge.com. 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.

Downloads
You may not download any of the content found on this Site and use it for any public display, performance, sale or rental; or transfer, remove, modify or alter any trademark, copyright or other proprietary content from this web site, or copy any content for a 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 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 THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA. WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

Limitation of Liability
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 POSSIBLIITY OF SUCH DAMAGES

Indemnity
We may make claims against you for use of this Site that violates our 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 law without regard to principles of conflict of laws. 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 City. 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.

Effective Date: 11/12/10 

PRIVACY POLICY
The explanations below detail the privacy policy of this web site (“Site”). These explanations represent our current policy. We may change this policy at any time. We encourage you to read our privacy policy before using the Site. By using the Site, you are indicating your agreement to be bound by the terms and conditions of our privacy policy. If you cannot agree with this policy, please do not access or otherwise use this Site. 
 

1.  What types of information do we collect?
Telecharge.com collects information from you when you use this Site. This information may include your name, user name, e-mail address, post office address, telephone number, payment information, and other personal data you enter when visiting this Site (collectively, "personally identifiable information" or “personal information"). We collect this information when you enter it voluntarily. In addition, we collect information regarding your use of this Site through the use of cookies and similar technology, such as pixel tags. For example, cookies allow us to recognize when a user returns to the Site and to track a users’ behavior on the Site. We may use this information to track your event preferences and the frequency with which you visit our Site. We also collect other types of non- personal information, such as your IP address and information about the type of device you are using to access our Site. We may combine such information with personally identifiable information in order to customize your experience on the Site and to suit your preferences. In addition, we may use the information we collect for purposes of marketing, software development, and statistical analysis and to determine your interests so we can better serve you.

2.  What kinds of security measures do we take to safeguard your personally identifiable information?
To protect your personally identifiable information, Telecharge.com uses Digital IDs from VeriSign, a leader in internet transaction security and SSL or “Secure Sockets Layer", an industry standard protocol, for completing online transactions. All personally identifiable information you enter when completing an online transaction is encrypted and secured to protect against unauthorized use or disclosure to other parties. 

In addition, this Site is a participant in the TRUSTe program. It is using the TRUSTe mark under license from TRUSTe pursuant to the requirements of the TRUSTe program. All rights in the TRUSTe mark(s) belong to TRUSTe. You may contact TRUSTe by visiting http://www.truste.com

3.  How do we use your information?
We store your personally identifiable information so we can provide you with better and more convenient service. We use your mailing address so that we can send your tickets to the proper address and to authorize any credit card purchase. We may use your home telephone number to contact you with customer service information. We may use your e-mail address to send e-tickets to the proper address or to contact you with customer service information. We may also use your personally identifiable information for the other purposes described elsewhere in this Privacy Policy. We may share your personally identifiable information with others, as described below

4.  Who do we share your information with and can you opt out?

(a) Event Providers
We provide ticketing services on behalf of others, including the owners and operators of the venues where the events for which you purchase tickets are being presented and the presenters of the events (collectively, "Event Providers"). We may share your personally identifiable information with Event Providers to allow the Event Providers to contact you using your e-mail address and the other personally identifiable information you provide to us. If you do not want us to share any of your personally identifiable information with Event Providers, you may opt-out by e-mail at the time you place your purchase order. If you do not opt-out from receiving notifications from Event Providers at the time you place your initial purchase order, you will need to contact the Event Provider directly about its privacy policy for further information about how the Event Provider uses your personal information. Event Providers are not subject to this privacy policy and we do not control their use of your personally identifiable information once we have provided it to them. Therefore, the best way to ensure that Event Providers do not use the personally identifiable information you give to us is to opt-out at the time you place your first purchase order with us on our Site. In addition, if you place additional orders with us, you must be sure to opt-out when each such order is placed if you do not want us to share any of your personally identifiable information with any Event Provider.

(b) Special Events
We also may use your e-mail or mailing address to notify you of special events that may be of interest to you. You may opt-out of receiving special offers or other event notifications from Telecharge.com via e-mail at the time you place your order, or you may visit http://www.telecharge.com/signup. To opt-out of receiving offers from us by mail, please e-mail tickets@telecharge.com with your full name and mailing address.

(c) Business Partners
From time to time we may enter into agreements with other companies (collectively, our "business partners") to facilitate our transactions with you, or to offer you additional products or services, including but not limited to co-branded products and services. We may share your personally identifiable information with our business partners as part of our agreements with them and to facilitate your transactions on this Site. For example, if you select for your tickets to be delivered via FedEx, we will share your personal information with FedEx for delivery and transaction purposes only. We may also share your personally identifiable information with our business partners to enhance your use of the Site. For example, if you choose to use some of the integrated social media features on the Site, we will share your personal information with the providers of such social media features to the extent needed to enable the selected form of social media communication.  

(d) Other Merchants
From time to time we may provide your personally identifiable information to other merchants. However, we do not share your e-mail From time to time we may provide your personally identifiable information to other merchants. However, we do not share your e-mail address with other merchants, except as stated in the prior sections of our Privacy Policy. When we share your personally identifiable information with other merchants, we select merchants whose products or services we believe may interest you. If you do not want us to provide your personally identifiable information to other merchants, please e-mail us at tickets@telecharge.com. However, we will still share your personally identifiable information to process your transactions on this web site and to deliver the goods and services you have requested. For example, for your own protection we will still share your mailing address with our credit card processing company to prevent unauthorized use of your credit card.

(e) Legal and Administrative Disclosures
In addition, any personally identifiable information you submit to us is subject to disclosure pursuant to judicial or other government subpoenas, warrants or orders. We otherwise reserve the right to disclose your personally identifiable information when we, in good faith, determine that such disclosure will help us comply with the law, protect the security or safety of our property, including but not limited to the Site, or the property of a third party, or is otherwise legally permissible and will help us in the administration of the Site. In addition, your personal information may be transferred to a third party in the event of a transfer of ownership or assets of Telecharge.com.  

5. Cookies
This Site also collects non-personal information and other data using cookies and similar technology placed onto your computer’s hard drive. Cookies perform a myriad of functions for web users and web sites; they allow us to recognize repeat users and to track users’ behavior on the Site. We may combine the information we collect from cookies with your personally identifiable information to improve our services and to customize the information we present to you on the Site to suit your preferences. We may share this information with Event Providers and other third parties (as noted above) so that we (and they) can communicate with you in a more personalized and directed manner.

You can control, via your computer and browser security setting, whether a cookie is placed on your hard drive. Once it is there the company which placed the cookie (not necessarily us) can control how it is used. 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 will prevent you from using many of the features of the Site. You can also delete cookies placed on your hard drive using your browser options.

6.  Marketing
We also share aggregated and other non-personal/anonymous information with third parties for marketing purposes. For example, we share aggregated and other non-personal/anonymous information with Event Providers and marketers who are members of the Network Advertising Initiative (NAI) and engage in online behavioral advertising (OBA), also known as interest-based marketing. If you would like to opt out from receiving any OBA from NAI members click here.

Opting out using the NAI opt-out tool only applies to OBA by NAI member companies. The opt-out choices you select using the NAI opt-out tool are stored in opt-out cookies on your computer. If you delete cookies from your computer, it can remove your opt-out preferences, so you may want to periodically visit the NAI opt-out page using the link above to review your preferences.

7. Social Media
We contract with third party technology providers to allow you to communicate using various forms of social media while you are on the Site and on social media platforms that you elect to use. If you elect to communicate using social media on the Site, your information will be shared with the providers of the social media platforms and with the third party technology providers as needed to enable the use of the selected social media while you are on the Site. When you post information on social media platforms, how your information is used is governed by the terms of the social media platform, not us.

8. How can you update your personal information?
If you created an account when placing an order, you may update your personal information by clicking here.

9. How can you contact us?
If you need to contact us for any other reason, please click here

10.  Protection of Children
Personal information collected about children under age 13 is protected by the Children’s Online Privacy Protection Act of 1998. It is our policy not to knowingly solicit or collect any personal information on this Site from children under the age of 13. If you are younger than 13 years old, please do not submit or share with us any personal information on this Site. In addition,please tell your parents you are using the Site and have your parents e-mail us at tickets@telecharge.com so that we may delete any information we may have collected about you.

11.  Your California Privacy Rights
California law permits our customers who are California residents to request certain information regarding the disclosure of information to third parties for their direct marketing purposes. If you are a California resident and would like to make a request regarding such information, please e-mail us at feedback@telecharge.com.

12. U.S.-EU Safe HarborParticipation
The Shubert Organization complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries and Switzerland. The Shubert Organization has certified that it adheres to the Safe Harbor Privacy Principles of notice, choice, onward transfer, security, data integrity, access, and enforcement. To learn more about the Safe Harbor program, and to view The Shubert Organization’s certification, please visit http://www.export.gov/safeharbor/

The Shubert Organization participates in the EU and Swiss Safe Harbor Privacy Framework as set forth by the United States Department of Commerce.  As part of our participation in the Safe Harbor Privacy Framework, we have agreed to TRUSTe dispute resolution for disputes relating to our compliance with the Safe Harbor Privacy Framework.

If you have any complaints regarding our compliance with the Safe Harbor you should first contact us (as provided above). If contacting us does not resolve your complaint, you may raise your complaint with TRUSTe by clicking here,  fax to 415-520-3420, or mail to TRUSTeSafe Harbor Compliance Dept., click for mailing address. If you are faxing or mailing TRUSTe to lodge a complaint, you must include the following information: the name of company,the alleged privacy violation, your contact information, and whether you would like the particulars of your complaint shared with the company. For information about TRUSTe or the operation of TRUSTe's dispute resolution process, click here or request this information from TRUSTe at any of the addresses listed above. The TRUSTe dispute resolution process shall be conducted in English.  For human resources data we have agreed to cooperate with Data Protection Authorities. 

13.  How will we notify you if we have made any changes to our Privacy Policy?
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. 

Effective Date: July 2, 2013
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