The walk, the talk, the news, the reviews - Broadway's stop on the Internet.
 
Terms  of  Service

Updated: Feb. 24, 2010



I. Review Broadway Registered Member User Agreement

Welcome to Review Broadway, now a part of the Broadway Hype LLC family of web sites! We are glad you have decided to join our community. We look forward to your involvement with our sites and services. Before you begin delving into the vast services and content available on our sites, please take a moment to review this User Agreement (the "Agreement"). This Agreement is an agreement between you (referred to hereinafter as "You", "Your," "Member," or "User") and Broadway Hype LLC. It is important that you understand both the benefits we provide, as well as our limitations.

This Agreement applies to the web sites owned by Broadway Hype LLC including, but not limited to ReviewBroadway.com and BroadwayHype.com. This agreement also applies to the various services offered.

While the Sites each offer a different combination of services and tools from one site to another, this agreement reflects our approach to memberships across our Sites and Services.

1. Acceptance of Agreement

When you complete the member registration process, you agree to this Agreement. This Agreement may be updated from time to time. You can view these terms, conditions and notices (these "Terms") at any time at: www.reviewbroadway.com/terms.php. Your continued use of our services specifies your binding acceptance of the changes. This Agreement will always be available on this page for you to read.

Our Sites and Services provide you with opportunities to link to, or otherwise use, sites and services offered through our third-party service providers, including email. Your use of these third-party services is subject to terms posted by these third-party service providers. We have no control over any third-party site or service and we are not responsible for any changes to any third-party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third-party service. These links are provided solely as a convenience to our visitors. Such third-party linked sites are not under Broadway Hype LLC control and Broadway Hype LLC is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third-party sites or services. Our inclusion of advertisements for, or links to, a third-party site or service does not constitute an endorsement. By opting into third-party offers, you will be subject to terms posted by these third-parties. Opting into these offers specifies your agreement to those additional terms of the respective third parties.

2. Children

Broadway Hype LLC Sites and services are not directed to children under the age of 13. Broadway Hype LLC Sites and Services will not knowingly collect personally identifiable information from anyone under 13.

Note to Parents: If you have any concerns about Broadway Hype LLC Sites or Services, please contact us via our online form available at www.reviewbroadway.com/feedback.php.

3. About Our Services

A). Broadway Hype LLC Sites and Services. As a commitment to our users, we currently provide you with access to a rich collection of online resources. These include various communication tools, online forums, personalized content and branded programming through Broadway Hype LLC Sites and Services. Some Services offered on Broadway Hype LLC are presently provided free of charge. It is possible that this could change in the future.

B). Service Limitations. We will do our best to make your experience with the Broadway Hype LLC Sites and Services a pleasurable one. However, we cannot always foresee or anticipate technical or other difficulties. These difficulties may result in loss of data, personalization settings or other service interruptions. For this reason, you agree that Broadway Hype LLC Sites and Services, including the services of our third-party service providers, are provided "AS IS." Broadway Hype LLC Sites and Services and our third-party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery or failure to store any user data, communications or personalization settings.

C). Service Changes and Discontinuation. Broadway Hype LLC reserves the right to change or discontinue, temporarily or permanently, the Sites and Services at any time without notice. You agree that Broadway Hype LLC will not be liable to you or any third party for any modification or discontinuance of these Sites and Services.

D). Privacy Policy. Broadway Hype LLC respects your privacy and has developed a detailed Privacy Policy that is incorporated into this Agreement. Please take the time to read our Privacy Policy. By agreeing to this Agreement, you are also accepting the terms of our Privacy Policy.

4. "Membership Rules"

For the benefit of the entire Broadway Hype LLC community, and to comply with applicable laws, we have a few mandatory guidelines that we call "Membership Rules." We hope you will find them reasonable. Please understand, though, that any conduct that is judged by Broadway Hype LLC, in its sole and unfettered discretion, to violate the Membership Rules is grounds for immediate termination of your account. For this reason, we ask that you carefully read and follow them.

A). Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself as requested in Broadway Hype LLC Sites and Services registration forms (we call this information "Registration Data"). Accurate records help us create better sites and provide us with opportunities to identify new services or products that may interest you. Please update the Registration Data to keep it current and accurate.

B). Guard Your Password. Upon completing the registration process, you will receive an account and select a password. You are responsible for maintaining the confidentiality of your password and account, and you are fully responsible for all activities that occur under your password or account. Notify Broadway Hype LLC immediately of any unauthorized use of your password or account or any other breach of security. You must promptly change your password and notify Broadway Hype LLC of the problem by giving notice via e-mail to the editor.

C). Obey the Law. You agree not to use the service for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive of another's privacy, abusive, threatening, or obscene, or that infringes the copyrights (rights of an owner of written material) or other intellectual property rights of others.

D). Content Restrictions. Broadway Hype LLC Sites and Services attempt to provide some of the very best content available on the web and make it available to you on the Web for your personal, non-commercial use. All Web site descriptions, text, graphics, the selection and arrangement thereof, and all software that are part of Broadway Hype LLC Sites and Services are protected by international copyright and Trademark laws. The publication, sale, or redistribution in any form or medium of text, photos, graphics, audio and/or video materials or any other form of proprietary content found on Broadway Hype LLC Sites and Services is strictly prohibited without the prior written permission of Broadway Hype LLC. Content that is publicly available on Broadway Hype LLC Sites and Service may not be stored in a computer, except for personal and non-commercial use.

E). Limits on Uses of User Information. By using any Broadway Hype LLC Site or Service, you agree not to data scrape, robot, copy, aggregate, redistribute, alter, reproduce or re-use for any purpose any user's (whether specific to any particular user or as an aggregation) information accessible through any web sites owned by Broadway Hype LLC including but not limited to any Commercial Purpose. "Commercial purposes" can include but is not limited to selling information to third parties; using the data collected to customize users' experiences; using the data for targeted marketing campaigns; or using the data to offer services to Broadway Hype LLC users. Broadway Hype LLC reserves the right to take immediate action against any individual or entity participating in any of the prohibited actions mentioned above. You may not probe, scan or test the vulnerability of the Sites or Services, nor breach the security or authentication measures on the Site or Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site or Services, including any Broadway Hype LLC account not owned by you, to its source, or exploit the Sites or Services in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information as provided for by the Sites or Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Sites or Services. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Sites or Services or with any other person's use of the Sites or Services. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message transmittal you send to Broadway Hype LLC on or through the Sites and Services. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

F). Consolidated Sites. Broadway Hype LLC users should exercise caution when using consolidation sites. Consolidation sites are Internet sites that offer the ability to collect all of your personal information on one site. For example, you may be encouraged to provide consolidation site operators access to your Broadway Hype LLC accounts or membership information so that the information can be used to design Broadway Hype LLC customized search engines, web pages or advertising for you. All transactions initiated through a consolidation site using access information you provide are considered to be authorized by you, whether or not you were aware of the specific transaction. Broadway Hype LLC is therefore not responsible if the security, accuracy or quality of your information if it is compromised by a consolidation site you have authorized to access your data.

5. Rights You Grant to the Broadway Hype LLC Sites

A). Distributing Content You Produce. Subject to the Broadway Hype LLC Privacy Policy, you are licensing to the Broadway Hype LLC Sites and Services any "content" you provide through or to Broadway Hype LLC Sites and Services. User submitted content includes but is not limited to: letters or emails; multimedia uploads; board posts; reader reviews; user ratings, data, notes and testimonials; and poll votes. Broadway Hype LLC Sites and Services may modify, display, distribute and create new material using such content on Broadway Hype LLC Sites and Services for the promotion and marketing of our services and the operation of our system. By submitting content, you automatically agree, or promise that the owner of such content has expressly agreed that, without any particular time limit, and without the payment of any fees, Broadway Hype LLC Sites and Services and anyone they permit may reproduce, display, distribute and create new works of authorship based on and including the content. You may not submit materials that have been trademarked or copyrighted by anyone other than yourself. When you submit a FAQ, text guide, review or image, it is considered your original and copyrighted work and you are licensing the content to Broadway Hype LLC for publication. We may modify the format and display of the work, and edit for style and tastefulness, but not substantially change the content. It may be distributed across Broadway Hype LLC Sites and Services for promotion and marketing of our services and operation of our system.

B). Broadway Hype LLC Advertising. The Broadway Hype LLC Sites and Services rely on advertisers to help fund the services that we offer to our members. In order to continue our service, you agree that the Broadway Hype LLC Sites and Services may display advertisements and promotions of all kinds in and with the services.

C). Account Access. In order to ensure that the Broadway Hype LLC Sites and Services are able to provide high-quality services that are responsive to our members' needs, you agree that Broadway Hype LLC employees have access to your account and records as reasonably needed to investigate complaints.

D). Merger or Acquisition. In order to ensure a smooth transition of services relative to your membership account, in the event of a merger, acquisition, reorganization, sale of all or substantially all of its assets, or the sale of an individual website owned by Broadway Hype LLC, Broadway Hype LLC may transfer your Personally Identifiable Information and transition your existing accounts to a similar membership product to a third party as a part of such merger, acquisition, reorganization, or sale.

E). Copyright Infringement. BROADWAY HYPE LLC respects the intellectual property of others, and we ask our users to do the same. BROADWAY HYPE LLC may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be infringing the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide BROADWAY HYPE LLC's Copyright Agent the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

a description of the copyrighted work or other intellectual property that you claim has been infringed;

a description of where the material that you claim is infringing is located on the site;

your address, telephone number, and email address;

a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and

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

BROADWAY HYPE LLC's Designated Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

Brandy Owens
Broadway Hype LLC
PO Box 323
Titusville, PA 16420

6. Other Legal Stuff

A). Disclaimer of Warranties. You expressly understand and agree that:

Your use of the service is at your sole risk. The service is provided on an "AS IS" and "AS AVAILABLE" basis. Broadway Hype LLC and its third party service providers expressly disclaim 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.

Broadway Hype LLC makes no warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.

Any material downloaded or otherwise obtained through the use of the Services is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from Broadway Hype LLC Sites and Services, our third party service providers, or through or from the Service will create any warranty not expressly stated in the Agreement.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.

B). No Endorsement of User Content. You acknowledge and agree that Broadway Hype LLC Sites and Services do not endorse the content of any user and are not responsible or liable for any content, even though it may be unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or that it infringes or may infringe the intellectual property or other rights of another. You acknowledge that Broadway Hype LLC Sites and Services do not pre-screen all user posted content, but that Broadway Hype LLC and their designees will have the right (but not the obligation) in their sole discretion to refuse, edit, move or remove any content that is publicly available via the Sites and Service. User is defined as any person who visits Broadway Hype LLC Sites and receives information or uses Broadway Hype LLC Services.

C). Limitation of Liability. You agree that the Broadway Hype LLC will not be liable to you for any harms, which lawyers and courts may call direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Broadway Hype LLC Sites have been advised of the possibility of such damages), resulting from: (i) The use or the inability to use the service; (ii) The cost of getting substitute goods and services resulting from any products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) Unauthorized access to or alteration of your transmissions or data; (iv) Statements or conduct of anyone on the service; or (v) Any other matter relating to the service. If, notwithstanding the other provisions of this Agreement, Broadway Hype LLC is found to be liable to you for any damage or loss which arises out of or is any way connected to your use of the Sites or Services, Broadway Hype LLC liability shall in no event exceed the greater of (i) the total of any subscription or similar fees with respect to any Service or feature of or on the Sites paid in the six months prior to the date of the initial claim made against Broadway Hype LLC, or (ii) US$100.00.

D). Indemnification. You agree to protect and fully compensate Broadway Hype LLC Sites and Services and their service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorneys fees) arising from your use of the Site or Services, your violation of the Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of anyone.

E). Miscellaneous

The Broadway Hype LLC Sites and Services provide information of a general nature and are designed for informational and entertainment purposes only and are not meant to be a substitute for medical, health, legal, or financial advice from a professional. Consult with your professional for any specific medical, health, legal, or financial concern. The Broadway Hype LLC Sites and Services do not endorse any of the treatments, medications, or products discussed herein.

Broadway Hype LLC rights under this Agreement may not be waived unless Broadway Hype LLC agrees to such change in writing. This Agreement is personal to you and you may assign this agreement only with Broadway Hype LLC prior written approval. Any other attempt to assign, transfer or delegate this Agreement shall be null and void.

All matters relating to your access to, or use of, the Service shall be governed by U.S. federal law or the laws of the Pennsylvania, excluding that body of laws known as conflicts of laws. If any provision of this Agreement is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. Any notices related to this agreement need to be given in writing to one another at our address below, or any new address that is given in such a notice. This agreement is the entire understanding between you and Broadway Hype LLC Sites and Services.



II. Terms of Sales

At this time, Review Broadway does not charge a fee for membership. However, from time to time Review Broadway and Broadway Hype LLC may offer goods or services for sale on Review Broadway and Broadway Hype LLC Sites and Services, including but not limited to advertising and merchandizing.

THIS SALES AGREEMENT ("AGREEMENT") IS A LEGAL AND BINDING AGREEMENT BETWEEN YOU ("PURCHASER", "YOU," "YOUR" OR "YOURSELF"), AS THE END USER, AND BROADWAY HYPE LLC./REVIEW BROADWAY ("OUR," "US," "WE" "REVIEW BROADWAY" OR "BROADWAY HYPE LLC"). PLEASE READ THIS AGREEMENT CAREFULLY PRIOR TO PURCHASING GOODS OR SERVICES FROM OR THROUGH BROADWAY HYPE LLC (THE "SERVICE"). BY MAKING ANY PURCHASE ON OR THROUGH THE SERVICE, YOU ARE CONSENTING TO BECOME A PARTY TO THIS AGREEMENT AND AGREEING TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN. IF YOU DO NOT ACCEPT AND AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST CANCEL ALL SALES PRIOR TO SUBMITTING THE AFOREMENTIONED SALES.

1. Payment Obligation and Credit Card Authorization

You are responsible for paying sales and any applicable taxes for any goods or service you purchase through Broadway Hype LLC Sites and Services. All listed fees are in U.S. dollars.

By submitting any purchase to Broadway Hype LLC Sites and Services, you agree that we are permitted to charge your credit card (or other approved facility) to pay for the initial purchase, any automatic renewals and any other charges you may incur in connection with your use of Broadway Hype LLC Sites and Services. If purchasing an automatic renewal service, you give permission for us to automatically renew your subscription and charge your account up to five (5) days prior to the day on which your subscription is scheduled to end. However, you may cancel automatic renewal services at any time with written notification from you. If you terminate your subscription before the expiration of the current term but within this 5 day window, we will reverse the charge for the renewal term. All fees, charges and sales are final. Once charged to your credit card, the payments are nonrefundable. Only in cases of demonstrated fraud will these payments be refunded. You acknowledge and agree that the authorization to charge your credit card for Services shall automatically transfer to any successors or assignments of Service for substantially similar services at the same website. You may not assign or transfer your subscription to any other person or entity. You must be at least 18 years old (or have the permission of a credit card holder who is) to purchase goods or services from or through Broadway Hype LLC.

Payment must be made by a major credit card accepted by Broadway Hype LLC, check, money order or cash (U.S. dollars only). If paying with cash, payment must be sent via certified mail. In the event of disputed cash payments, only evidence of certified mailing will be accepted as proof of payment. If we do not receive payment from the credit card issuer or its agent, you agree to pay all amounts due upon our demand. Your card issuer agreement governs your use of your designated card in connection with the Service, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. YOU, AND NOT BROADWAY HYPE LLC, ARE RESPONSIBLE FOR PAYING ANY AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY, WHICH WERE NOT AUTHORIZED BY YOU.

BROADWAY HYPE LLC RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING THE ADDITION OF SUPPLEMENTAL FEES OR SEPARATE CHARGES FOR CONTENT, OR SERVICES PROVIDED BY BROADWAY HYPE LLC, EFFECTIVE THIRTY (30) DAYS AFTER AN ONLINE POSTING AT BROADWAY HYPE LLC. BROADWAY HYPE LLC MAY ADDITIONALLY PROVIDE NOTICE OF BILLING CHANGES VIA EMAIL. If any such change is unacceptable to you, you may terminate your automatic renewal services by providing written notice of such. YOUR CONTINUED USE OF THE SERVICE FOLLOWING THE EFFECTIVE DATE OF A CHANGE TO SUCH FEES AND BILLING METHODS SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGE.

2. Cancellation of Your Membership

You may terminate your membership at any time. When you terminate your account, access will be terminated on the expiration date. You acknowledge that Broadway Hype LLC, at its sole discretion, may terminate your ID, password, account (or any part thereof) or use of the Service for any reason, including, without limitation, if Broadway Hype LLC believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or any Broadway Hype LLC User Agreements. Broadway Hype LLC may also, in its sole discretion, at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Broadway Hype LLC may immediately deactivate or delete your account and/or bar any further access to the Service. Further, you agree that Broadway Hype LLC shall not be liable to you or any third-party for any termination of your access to the Service.

3. Member Information

You agree to provide true, accurate, current and complete information about yourself as prompted by the Service registration process. Once you register for the Service, you will have an account and enter a password. You are solely and entirely responsible for maintaining the confidentiality of your password. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You must promptly inform Broadway Hype LLC of any of the following: apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of an ID or password. Until Broadway Hype LLC is notified by e-mail of a breach in security, you will remain liable for any unauthorized use.

4. Access

You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service. Access to and use of services is through a combination of an ID and a password. You must keep your password strictly confidential. Broadway Hype LLC will not release passwords for any reason, except as may be specifically required by law or court order. Unauthorized access to the Service is a breach of this Agreement and a violation of law.

5. Warranty

No warranty is made by Broadway Hype LLC regarding any information, services, or products provided through or in connection with premium services, and Broadway Hype LLC hereby expressly disclaims any and all warranties, including without limitation: any warranties as to the availability, accuracy, or content of information, products, or services; any warranties of merchantability or fitness for a particular purpose. Some states/provinces do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

You hereby warrant and represent that you are in all respects qualified and competent to enter into this agreement.

6. Limitations of Liability

YOU HEREBY AGREE THAT WE WILL NOT BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF REVENUE, PROFITS OR DATA ARISING IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING WITH RESPECT TO THIS AGREEMENT AND THE SERVICE WILL NOT EXCEED THE TOTAL FEES PAID BY YOU UNDER THIS AGREEMENT.

7. Use Restriction

The material on Broadway Hype LLC Sites and Services is for the private, non-commercial enjoyment of Members only. Any other use is strictly prohibited. You agree that you will not copy, publish, or in any way make available publicly any reviews, news, pictures, interviews, features, or any other information from Broadway Hype LLC Sites or Services, without express written permission from Broadway Hype LLC. You agree that if you do so, Broadway Hype LLC reserves the right to cancel your membership immediately without obligation to you. Additionally, reuse of copyrighted information (reviews, pictures, interviews, features, videos, audio, trademarks, etc.) will be prosecuted to the fullest extent of the law.

8. Modifications.

This Agreement may be modified from time to time without notice to you and changes are effective immediately upon posting on the Sites or Services. Your continued use of the Service constitutes your binding acceptance of this Agreement, including any changes or modifications we may make. If any part of this Agreement or any future changes to this Agreement are not acceptable to you, your only recourse is to terminate this Agreement. We may change, suspend or discontinue all or any aspect of the Service at any time, including availability of any Service feature, database or content, without prior notice or liability.

9. Notices

Notices by Broadway Hype LLC to subscribers may be given by means of electronic messages or by a general posting on the Sites or Services.

10. FAQ

For answers to questions about your Review Broadway registration, please visit our FAQ at www.reviewbroadway.com/help.php. All questions that can't be answered via the FAQ should be sent using our online form, available at www.reviewbroadway.com/feedback.php. Please include your name and username in all correspondence or we will not respond.

11. The Agreement

This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A., without regard to its conflicts of law provisions; and you hereby consent to the jurisdiction of and venue in the federal and state courts located in Warren County, Pennsylvania, U.S.A. in all disputes arising out of or relating to the Service. In addition, you hereby consent to the exclusive jurisdiction of and venue in such courts for any action commenced by you against us (or our affiliates). Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this Section. You shall not use the Service in any manner contrary to local, state or federal law. Broadway Hype LLC expressly disclaims any and all responsibility or liability for any action by you that is contrary to such law(s) and reserves the right to terminate your Service immediately upon notice for your failure to comply with any such local, state or federal law. Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Service or information provided to or gathered by us with respect to such use. If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect. This Agreement constitutes the entire agreement between you and Broadway Hype LLC with respect to the Service and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Broadway Hype LLC with respect to the Service. A printed version of this Agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

12. Communities

A). When you register for the Community Boards/Forums/User Pages (the "Boards"), you agree to use the message boards and member pages only to post information and send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, you agree that when using a message board, you will not:

Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files, post or publish content that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.

Advertise or offer to sell any goods or services for any commercial purpose.

Conduct or forward surveys, contests, pyramid schemes or chain letters.

Download any file posted by another user of a forum that you know, or reasonably should know, cannot be legally distributed in such manner.

Restrict or inhibit any other user from using and enjoying the message boards.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

B). Message Board/Forum/User Page termination. Broadway Hype LLC and its affiliates reserve the right to terminate your access without refund to any or all of the Boards or your User Page at any time without notice for any reason whatsoever.

C). Monitoring. Broadway Hype LLC and its affiliates have no obligation to monitor the Boards or the content posted on any User Page. However, Broadway Hype LLC and its affiliates reserve the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Broadway Hype LLC's or any of its affiliates' sole discretion.

D). Usage. The Boards are a public forum and not private communications and others may read your communications without your knowledge. You should not have any expectation of privacy relative to your communications on the Boards. Always use caution when giving out any personally identifying information about yourself in any message board community. The information, content and pictures posted by you on the User Pages is done at your own risk. Broadway Hype LLC is not responsible for its theft, copying or placing of that content, image or information on other sites on the World Wide Web. Broadway Hype LLC and its affiliates do not control or endorse the content, messages or information found in any community and, therefore, Broadway Hype LLC and its affiliates specifically disclaim any liability with regard to the Boards and any actions resulting from your participation or the participation of others on any Board. Board managers and hosts are not authorized spokespersons of Broadway Hype LLC or any of its affiliates, and their views do not necessarily reflect those of Broadway Hype LLC and its affiliates. They do, however, set standards on their own forums.

By posting messages or personal information, uploading files, inputting data, or engaging in any other form of communication through Broadway Hype LLC, its Boards or User Pages, you are granting Broadway Hype LLC and its affiliates permission to: use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, create derivative works from, or transfer.

The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

E). User Reviews. With regard to Content you choose to post to your Review Broadway User Review, you control all of the rights to such Content on the Service. Review Broadway does not claim ownership of such Content.

When you post your Content on your Review Broadway User Review, you agree to grant Review Broadway the worldwide, royalty free and non-exclusive license to reproduce, modify, and publish such Content on the Service for the express purpose of displaying, distributing, and promoting such Content. Review Broadway may only use this license to display, distribute, and promote your Review Broadway User Review; to promote and market the products and services of Review Broadway or its partners and affiliates; and to promote and market products and services related to your Content. Review Broadway hereby waives any right to use this license to produce or sell reproductions of or derivative works based on your Content directly to individual consumers without your expressed consent.

This license lasts only for as long as the Content remains Published on Review Broadway User Reviews and only for as long you remain a Review Broadway member. In the event that you remove the Content from Review Broadway User Reviews (e.g., by marking it "private" or by disabling it) or in the event that your membership is terminated, this license shall expire (either immediately or upon termination of any promotional or marketing activities ongoing at the time). Permission to post entries on the Review Broadway User Reviews is subject to Review Broadway's sole discretion and that the user has no right in to use of our web servers or bandwidth. Review Broadway may take down any post, in its sole and reasonable discretion, or may discontinue the User Reviews completely with no liability to the user whatsoever.

13. Downloads

Any material or third party software downloaded through or for the use of the Services is done at your own discretion and risk, and Broadway Hype LLC will not be responsible in any way for any potential damage to your computer system or loss of data that results from the download of any such material. No advice or information, whether oral or written, obtained by you from the Broadway Hype LLC Sites and Services or our third party service providers will create any warranty not expressly stated. Broadway Hype LLC makes no representation or warranty that (i) the Services will meet your requirements, (ii) the Services will be uninterrupted, timely, secure, or error-free, (iii) any third party provided software, drivers, mods, or other materials are non-infringing, accurate or reliable (iv) the results that may be obtained from the use of the Services will be accurate or reliable, (v) the quality of any products, services, information, or other material purchased or obtained by you through the Services will meet your expectations, and (vi) any errors in Broadway Hype LLC or third party software will be corrected.

14. The parties have agreed that this Agreement shall be written in English.

Direct Questions or Notices to Review Broadway c/o Broadway Hype LLC as follows:

Review Broadway c/o Broadway Hype LLC.
Attn: Customer Service
PO Box 323
Titusville, PA 16354

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