Last updated on August 20, 2020
This Privacy Policy (“Privacy Policy”) tells you what information National Yiddish Theatre Folksbiene (“NYTF,” “we” or “us”) collects as part of your interaction with the nytf.org domain, or any subdomain of this website (the “Website”) and how we use, share and protect that information. Unless you elect to purposefully provide us with your personally identifiable information during your visit, we do not collect personally identifiable information about you when you visit the Website.
Please read this Privacy Policy carefully to understand what we do with the information that we collect as part of your interaction with the Website, and please also read our Terms of Use carefully to understand the terms and conditions governing your use of the Website. Please note that this Privacy Policy may change from time to time. Please check the Privacy Policy each time you visit the Website for the most current version.
This Privacy Policy concerns only the Website, and does not concern any other website, app or Internet-based services, including websites to which the Website may link or through which you may view NYTF content (including YouTube, Facebook, Twitter, Stitcher and Apple Podcasts) (“Third-Party Sites”). We have no control over Third-Party Sites or their privacy policies or terms of use, and therefore we encourage you to review such privacy policies and terms of use prior to submitting any personally identifiable information to them.
To the extent you have any questions about, or complaints concerning, this Privacy Policy please contact us at [email protected].
The Types of Information We Collect from You Via the Website
When you browse this Website, we do not collect information about you unless you affirmatively provide it to us. This means that, unless you register through the Website, we will not know your name, email address, or any other information about you just because you browse the Website.
We do collect non-personally identifiable information when you visit our Website, such as the number of uses, pages accessed, the referring page that linked you to us and the data and time of visits, your browser usage, and your actions including time spent on and locations visited within the Website. NYTF collects this information for statistical purposes, and analysis of this information allows us to provide you with improved services when you revisit our Website. We may use and disclose aggregated, non-personally identifying information collected through the Website as part of our process of constantly improving our Website.
If you choose to register to become a customer, member or donor, we may ask you for certain of your personally identifiable information including your name, email address, password, phone number, personal address, billing information, credit card number, family information, employment information or preferences that you may have related to NYTF’s products and services, in connection with the registration process (collectively, “Registration Information”). When you submit this Registration Information, we collect and store it. However, your credit card information is processed by third-party processors and we do not store your credit card information. From time to time we may request other information to provide you with other benefits of the Website. In such instances, you will be given the opportunity to provide or to decline to provide that information. All information will only be collected through reasonable means.
If you chose to participate in optional surveys or submit a request for information to us, we may collect the information you choose to submit to us. While you can choose not to provide us with any information or to provide only limited information, we may not be in a position to respond to your request.
We do not knowingly collect information from children under the age of 13.
How We Use Personally Identifiable Information We Collect from You Via the Website
We do not collect personally identifiable information through the Website, other than the Registration Information for users that choose to provide such information.
As a non-profit dedicated to using the arts as a vehicle to educate youth and adults about Jewish heritage through the presentation of plays, musicals, concerts, lectures, interactive educational workshops and community-building activities in English and Yiddish, with English and Russian supertitles accompanying performances, NYTF may use your personally identifiable information to send you information about our upcoming events or those of our partners, solicit donations for itself or its partners, acknowledge your contributions to NYTF (including in certain public forums), and inform you about the products and services offered by our partners and sponsors. We may also occasionally may share certain Registration Information with certain of our partners, such as the Museum of Jewish Heritage, where we are in residence.
Please note that the Registration Information you provide us through the Website may be disclosed or processed by third parties under contract with us or with whom we partner. When your Registration Information is submitted to these third parties, we will require those third parties to exercise reasonable care to protect your information and restrict the use of your information to the purposes for which it was provided. We also may share Registration Information with third-party vendors and web developers who assist us in performing internal functions necessary to operate our business, including but not limited to development and maintenance of the Website. We require our third party vendors and our partners to keep such information confidential and to only use the information as necessary and for the purpose it was provided.
In addition, we reserve the right to use your Registration Information and other non-personally identifiable information to better understand the behavior and preferences of uses of the Website, to troubleshoot technical problems, to enforce this Privacy Policy and to ensure proper functioning of and to help improve the Website.
Like many other websites, Google Analytics and other features are integrated into the Website that may use “cookies.” “Cookies” are text files sent from our server and stored by your web browser on the hard drive of your computer (including tablets and smart phones). Cookies allow us to personalize and save preferences. Cookies can be used to collect anonymous data and serve the user with push notifications, and may be used to communicate with Twitter, Facebook or other Third-Party Sites in connection with the “Share” or “like” buttons for these Third-Party Sites. Cookies assist us in evaluation of site usage. Most web browsers automatically accept cookies, but you can generally configure your browser to prevent the acceptance of cookies.
We reserve the right to disclose any content, records or electronic communication of any kind (including without limitation Registration Information or the content of any message received from you): (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary to our business; or (iii) to protect the rights property or safety of anyone, including NYTF or its users, sponsors, suppliers, providers, licensors or merchants, which may include the enforcement of the Terms of Use, this Privacy Policy or any other policies or agreements. We also reserve the right to reject any request for additional information from you or any other user.
If you do not want us to use your Registration Information to send you information about products and services offered by us or our partners, you may opt-out of such uses by notifying us in accordance with Section D of this Privacy Policy. Please note that opting-out will not prevent your information from being used for non-marketing purposes.
We do not knowingly collect personally identifiable information from children.
Storage And Security.
Website data (including Registration Information) is transferred to and stored on servers operated and processed by NYTF or its service providers. By submitting your information to NYTF, you acknowledge that you fully understand and agree to this collection, transfer, storing and processing.
We have implemented technical, administrative and physical security measures in an effort to safeguard the privacy of your information from unauthorized access or improper use. From time to time, we will review our security procedures in order to consider appropriate new technology and methods to enhance our security procedures as new technology becomes available. However, you acknowledge and agree that despite our best efforts, no security measures are perfect or impenetrable, and your information may still be accessed and used by others without authorization in the event of a security breach.
Updating Your Information And Opt-Out Choices.
NYTF does not take affirmative steps to confirm the accuracy of the information you provide us. You may request that your account be removed from our database by sending us a request via email to [email protected], by postal mail to: National Yiddish Theatre Folksbiene, Edmond J. Safra Plaza, 36 Battery Place, New York, NY 10280 or by calling our office at 212-213-2120.
You acknowledge that, when you request to delete your account for the Website, your data may be permanently expunged from our primary production servers such that further access to your account may not be possible. We may also disconnect any connection we had established to your account information and delete all account credentials. However, portions of your data may remain on our production servers indefinitely, including on backup servers or media. We reserve the right to use any aggregated or anonymous data derived from or incorporating your information.
We will only send communications relating to our products or services or those of our partners to the email addresses on file. You also may unsubscribe from emails with information from NYTF by clicking on the unsubscribe links in those emails. If NYTF receives an opt-out or unsubscribe request from you, NYTF thereafter will not contact you directly with any information relating to the advertising of its products or services or those of its partners.
Business Transfers.
In the event that NYTF is consolidated or merged with a third party entity, we reserve the right to transfer or assign all of the information we have collected from you via our Website in connection with such merger, acquisition, sale or other change of control. In the event of our bankruptcy, insolvency, reorganization, receivership or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may not be able to control how your information is treated, transferred or used.
Privacy Policy Changes.
By using the Website, you agree to let us collect and use information per this Privacy Policy. In the future, we may change this Privacy Policy; we will post changes at this URL and note the effective date so that you are always aware of what information we collect and how we use it. If we decide to change our privacy practices, all changes will be reflected at this URL and the effective date will be posted so that you will always know what information we gather, how we might use information and whether we will disclose it to anyone. If we materially change our practices regarding collection or use of your information, your information will continue to be governed by the policy under which it was collected unless you have been provided notice, and have not objected to, this change. This Privacy Policy was initiated on August 20, 2020 and was last updated on August 20, 2020.
©2020 National Yiddish Theatre Folksbiene. All rights reserved.
Website Terms of Use
Last updated on August 20, 2020
Acceptance of these Terms
These terms of use are entered into by and between you and National Yiddish Theatre Folksbiene (“NYTF”, “we” or “us”). The following Website Terms of Use, together with any documents they expressly incorporate by reference (collectively, these “Terms”), including the Privacy Policy (collectively, the “Privacy Policy”), govern your access to and use of the nytf.org domain, or any subdomain of that website, including any content, functionality, and services offered on or through the nytf.org website (collectively, the “Website”), whether as a guest or a registered user.
Please read these Terms carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms, including our Privacy Policy, incorporated herein by reference. IF YOU DO NOT WANT TO AGREE TO THESE TERMS (INCLUDING THE PRIVACY POLICY), YOU MUST NOT ACCESS OR USE THE WEBSITE.
The Website is offered and available to guests and registered users. By using the Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. The date of the last update of these Terms is set forth above.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend the Website, including any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website to certain users, including registered users.
You are responsible for making all arrangements necessary for you to have access to the Website.
To access the Website or any of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide the Website is correct, current, and complete. You agree that all information you provide to register with the Website or otherwise, including through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
Intellectual Property Rights
The Website including its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by NYTF, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:
– Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
– You may store files that automatically cached by your Web browser for display enhancement purposes.
– You may print one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
– Modify copies of any materials from the Website.
– Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by NYTF. Any use of the Website not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Trademarks
The National Yiddish Theatre Folksbiene name, the NYTF logo and all related names, logos, product and service names, designs, and slogans are trademarks of NYTF or its affiliates or licensors. You must not use such marks without the prior written permission of NYTF. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms. You agree not to use the Website:
– In any way that violates any applicable federal, state, local, or international law or regulation.
– To impersonate or attempt to impersonate NYTF, a NYTF employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
– To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm NYTF or users of the Website or expose them to liability.
Additionally, you agree not to:
– Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
– Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
– Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
– Use any device, software, or routine that interferes with the proper working of the Website.
– Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
– Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
– Attack the Website via denial-of-service attack or a distributed denial-of-service attack.
– Otherwise attempt to interfere with the proper working of the Website.
Monitoring and Enforcement; Termination
We have the right to:
– Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Website.
– Terminate or suspend your access to all or part of the Website for any or no reason, including any violation of these Terms.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone accessing or otherwise using the Website. YOU WAIVE AND HOLD HARMLESS NYTF AND ITS LICENSEES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
Information About You and Your Visits to the Website
All information we collect on the Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchase and Other Terms
All purchases or other transactions through the Website or resulting from visits made by you to the Website are subject to these Terms and any other terms and conditions offered as part of the purchase or other transactions.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us to be binding. We will not be obligated to sell the products or services to you unless and until we accept your order. We may choose not to accept any orders in our sole discretion. After having received your order made through the Website, we will send you a confirmation email with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between NYTF and you will not take place unless and until you have received your order confirmation email. You have the option to cancel your order at any time before we have sent your order confirmation email by calling us at 212-213-2120 Ext. 0 or emailing us at [email protected].
Prices and Payment Terms
All prices posted on the Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include fees, taxes or charges for shipping and handling. All such fees, taxes and charges will be added to your purchase price and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.
Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We or our partners accept all major credit cards, including Mastercard Visa, American Express and Discover for purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Returns and Refunds
There are no refunds, returns or exchanges (and you hereby waive your right to the same). In our sole discretion, we may grant refunds, returns or exchanges on a show-by-show basis.
Force Majeure
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental actions and orders, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, pandemic (including SARS-CoV-2), epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
Linking to the Website and Social Media Features
You may link to the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.
The Website may provide certain social media features that enable you to:
– Link from your own or certain third-party websites to certain content on the Website.
– Send emails or other communications with certain content, or links to certain content, on the Website.
– Cause limited portions of content on the Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us solely with respect to the content they are displayed with. Subject to the foregoing, you must not otherwise:
– Establish a link to the Website from any website that is not owned by you.
– Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other website, for example, by framing, deep linking, or in-line linking.
– Link to any part of the Website other than the homepage.
– Otherwise take any action with respect to the materials on the Website that is inconsistent with any other provision of these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice in our discretion.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other websites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the state of New York in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PROVIDED BY LAW, NYTF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. NEITHER NYTF NOR ANY PERSON ASSOCIATED WITH NYTF MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER NYTF NOR ANYONE ASSOCIATED WITH NYTF REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL NYTF, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS (OTHER THAN SERVICE PROVIDERS THAT SHIP GOODS), OR ANY OF ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN NO EVENT SHALL THE TOTAL LIABILITY OF NYTF, ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS (OTHER THAN SERVICE PROVIDERS THAT SHIP GOODS), AND ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE) EXCEED FIFTY U.S. DOLLARS ($50.00 USD).
Indemnification
You agree to defend, indemnify, and hold harmless NYTF, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including any use of the Website content, services, and products other than as expressly authorized in these Terms or your use of any information obtained from the Website.
Governing Law
These Terms shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction) that would apply the laws of another jurisdiction.
Dispute Resolution
Any dispute, controversy or claim arising out of or relating to the use of the Website or these Terms, including with respect to their validity, binding effect, interpretation, or the performance, breach or termination thereof (each a “Dispute”), shall be resolved by final and binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in effect at the time (the “Rules”), except as modified herein. The Rule’s Expedited Procedures shall not apply.
There shall be a single arbitrator, who shall be jointly appointed by claimant and respondent within thirty (30) calendar days of receipt by respondent of a copy of the notice of arbitration. If claimant and respondent fail to appoint an arbitrator within the time period specified herein, such arbitrator shall be appointed in accordance with the Rules.
The seat of the arbitration shall be New York, New York.
The language of the arbitration shall be English.
By agreeing to arbitration, the parties do not intend to deprive any court of its jurisdiction to issue a pre-arbitral injunction, pre-arbitral attachment or other order in aid of arbitration. In any such action, each of the parties irrevocably and unconditionally (i) consents and submits to the exclusive jurisdiction and venue of the Courts of the State of New York and the Federal Courts of the United States of America located within the County of Manhattan (the “New York Courts”); and (ii) waives, to the fullest extent it may effectively do so, any objection, including any objection to the laying of venue or based on the grounds of forum non conveniens or any right of objection to jurisdiction on account of its place of incorporation or domicile, which it may now or hereafter have to the bringing of any such action or proceeding in any New York Court.
Without prejudice to such provisional remedies as may be available under the jurisdiction of any court, the arbitrator shall have full authority to grant provisional remedies and to direct the parties to request that any court modify or vacate any temporary or preliminary relief issued by such court, and to award damages for the failure of any party to respect the arbitrator’s orders to that effect.
The award rendered by the arbitrator shall be in writing and shall briefly state the findings of fact and conclusions of law on which it is based, and shall be admissible in any judicial proceeding to confirm, correct or vacate the award. The award of the arbitrator shall be final and binding upon the parties. Judgment on the award may be entered and the award may be enforced in any court of competent jurisdiction.
YOU AND NYTF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and NYTF agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
Waiver and Severability
No waiver by NYTF of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of NYTF to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Entire Agreement
These Terms and our Privacy Policy constitute the sole and entire agreement between you and NYTF regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Interpretation
For purposes of these Terms, the word “including” or any variation thereof means “including, without limitation” and shall not be construed to limit any general statement that it follows to the specific or similar items or matters immediately following it. Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between you and NYTF.
Your Comments and Concerns
The Website is operated by NYTF National Yiddish Theatre Folksbiene, Edmond J. Safra Plaza, 36 Battery Place, New York, NY 10280.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: [email protected].
National Yiddish Theatre Folksbiene
At the Museum of Jewish Heritage – A Living Memorial to the Holocaust
Edmond J. Safra Plaza
36 Battery Place, New York, NY 10280
Administration: 212-213-2120
Box Office 212-213-2120 ext. 606