TERMS OF USE

Last Updated: September 19, 2019

Welcome to the websites operated by the Lucille Lortel Theatre Foundation (“we,” “our,” “us”), which include www.lortel.org, www.iobdb.com, www.liveatthelortel.com, and www.lortelawards.org (collectively, “Site”). These Terms of Use (“Terms”), which include our Privacy Statement, govern your use of our Site.

By using our Site, you agree to these Terms. We may update these Terms from time to time, so please check back regularly. By using our Site after we have posted an update, you agree to the updated Terms.

Copyright

Material on our Site (“Site Content”) is protected by copyright owned by the Foundation or our licensors. Unless expressly indicated otherwise on our Site, you may download Site Content solely for your limited, personal, non-commercial use as long as you do not alter the Site Content or remove any trademark, copyright, or other notices displayed on the Site Content.

Trademarks

Our name and our trademarks and service marks, including The Lucille Lortel Theatre Foundation, logos, slogans, and other indicia of source are owned by the Foundation (collectively, "Our Trademarks"). You may not use Our Trademarks without the Foundation’s prior written consent in each case, including in any manner that implies the Foundation sponsors, endorses or is otherwise the source of or affiliated with a product, service, entity, or activity or that would be likely to cause confusion among the public.

User Content / User Conduct

You may post content to our Site (“User Content”) where indicated (such as to make a comment) on the condition that you do not:

(A)

transmit: (i) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene, or otherwise objectionable or that infringes on our or any third party’s intellectual property or other rights; (ii) any spam, advertisements, solicitations, chain letters, or other unsolicited commercial communication (unless expressly permitted by us in writing in each case); (iii) any virus, worm, time bomb, Trojan horse, or other harmful or disruptive element that would interfere with our Site or networks; (iv) any content that violates the privacy or confidentiality of anyone; (v) any content for any unlawful purpose or that would violate any applicable laws, rules, or regulations; or (vi) any content that the Foundation, in its good faith judgment, otherwise considers inappropriate or objectionable; or

(B)

use any robot, spider, site search or retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of our Site or Site Content.

You warrant that you have the right to post all User Content you post to our Site and grant us a worldwide, irrevocable, royalty-free, nonexclusive right to reproduce, distribute, create derivative works of, and publicly display and perform your User Content in all media now known or later developed in furtherance of our mission and to attribute your User Content to you. We have the right, but not the obligation, to monitor User Content and to delete or edit User Content at any time for any reason. We do not endorse and are not responsible for User Content.

Links, Frames and Metatags

You may not frame the content of our Site on any other web site unless you first obtain our prior written consent in each case. You may not use metatags or any other "hidden text" that incorporates Our Trademarks, or words confusingly similar to Our Trademarks, without our prior written consent.

Third-Party Sites

Our Site includes links to web sites controlled and maintained by third parties ("Third-Party Sites"). The Foundation is not responsible for Third-Party Sites and does not endorse any Third-Party Site’s content, activities, policies or practices. Any information you share with or actions you take on Third-Party Sites are governed by the applicable Third-Party Sites’ terms of use and privacy statements, which you should review carefully.

Disclaimers

OUR SITE AND SITE CONTENT ARE OFFERED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO OUR SITE AND SITE CONTENT, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE (EVEN IF THE PURPOSE HAS BEEN DISCLOSED TO US), AND NON-INFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY SITE CONTENT AVAILABLE THROUGH OUR SITE OR THROUGH LINKS TO THIRD-PARTY SITES, INCLUDING THAT OUR SITE OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. WE RESERVE THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OTHER ISSUES CONCERNING OUR SITE. IF YOU RELY ON OUR SITE OR SITE CONTENT, YOU DO SO ENTIRELY AT YOUR OWN RISK.

ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES, WORMS, OR OTHER HARMFUL ELEMENTS TO OUR SITE, WE DO NOT WARRANT THAT OUR SITE OR SITE CONTENT WILL BE FREE FROM SUCH ELEMENTS AND THE FOUNDATION IS NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THEM.

Limitation of Liability

THE FOUNDATION AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS ARE NOT LIABLE FOR ANY CLAIM OF ANY NATURE WHATSOEVER BASED ON ANY LOSS, DAMAGE, LIABILITY, OR INJURY ARISING FROM YOUR USE OF OUR SITE OR SITE CONTENT OR FROM YOUR BREACH OF THESE TERMS. UNDER NO CIRCUMSTANCES WILL THE FOUNDATION OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY OR SIMILAR DAMAGES (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, OR LOSS OF DATA) ARISING OUT OF OR RELATED TO YOUR USE OF OUR SITE OR SITE CONTENT OR THESE TERMS, REGARDLESS OF THE THEORY OF LIABILITY, WHETHER TORT (INCLUDING NEGLIGENCE), CONTRACT, OR ANY OTHER LEGAL OR EQUITABLE THEORY. OUR AGGREGATE LIABILITY TO YOU FOR ANY DIRECT OR OTHER DAMAGES OF ANY NATURE ARISING OUT OF YOUR USE OF, OR INABILITY TO USE, OUR SITE IS $US25. SOME JURISDICTIONS DO NOT ALLOW A LIMITATION OF LIABILITY FOR THESE KINDS OF DAMAGES, SO THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnification

You agree to indemnify and hold the Foundation and its directors, officers, employees, and agents harmless against all liabilities, losses, damages, and costs (including reasonable attorneys' fees) that any of the indemnified parties may incur arising out of or related to your use of our Site or Site Content or your violation of these Terms. The Foundation reserves the right to assume the exclusive defense and control of any matter for which we are entitled to indemnification. You agree to provide us with all cooperation we reasonably request.

Termination

We reserve the right to terminate these Terms, our Site, and Site Content at any time without notice for any reason. The "Disclaimers," "Limitation of Liability," "Indemnification," and "General" sections of these Terms (along with any other provision that by its terms contemplates survival) will survive any termination.

General

These Terms, which include the Privacy Statement, are the complete agreement between you and the Foundation regarding your use of our Site and supersede all other agreements (oral or written) between you and the Foundation regarding its subject matter except that the Youth Playwriting Fellowship is governed by separate official rules and by participating in the Youth Playwriting Fellowship, you must agree to those rules, which prevail over any conflict with these Terms. These Terms are governed by and should be construed according to the laws of the State of New York applicable to agreements made and performed in New York, unless doing so would lead to the application of the laws of another jurisdiction. If you choose to access our Site from jurisdictions other than the United States, you do so at your own risk, and you are responsible for complying with any applicable local laws. You irrevocably agree: (A) to bring any claim or dispute relating to your use of our Site and these Terms exclusively in the state and federal courts located in the State and County of New York; (B) to submit to the exclusive jurisdiction of those courts; and (C) to waive any objection to those courts based on inconvenience or other reasons. You may not assign your rights under these Terms without the Foundation’s prior written consent, and any attempted assignment will be null and void. If a court of competent jurisdiction determines that any provision of these Terms is unenforceable for any reason, then that provision will be deleted (or, if possible, modified in a manner that will reflect the original intent as closely as possible) and the remaining provisions will be enforceable to the fullest extent permitted by law. Our failure to assert any right under these Terms will not be considered a waiver of that right unless the waiver is in writing. The word “including” in these Terms is intended to be illustrative and means “including without limitation.”

Questions

For any questions you may have about these Terms, please contact us by email at: info@lortel.com or by mail at: 322 Eighth Avenue, 21st floor, New York, NY 10001, Attn: Web Services.