Terms of Use

Carolines.com Terms of Use

Terms for User Sign-Up

Introduction to Terms of Use
Welcome to Carolines.com, the following are the Terms of Use (“Terms”) that govern the use of the Carolines website (“Site”). By using this Site, you expressly agree to follow and to be bound by the Terms and any and all applicable laws and regulations governing the Site. Carolines reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Terms, in whole or in part, at any time. Such changes will be effective immediately upon posting on the Site and the posting will constitute sufficient notice for a change in terms.

As a condition of your use of the site, you acknowledge that you have carefully read the Terms and that you accept all provisions contained in the Terms. If you do not agree to the Terms, you may not access or otherwise use the Site.

If you violate any of these Terms, Carolines may terminate your use of the Site, prohibit your future use of the Site, cancel your ticket order, and/or take appropriate legal action against you. Carolines is not required to provide any refund to you if you are terminated as a user because you have violated these Terms.

Carolines.com reserves the right to modify these Terms of Use. You agree that you will periodically check and review these terms to keep informed of any changes.

Changes to the Site by Carolines
Carolines may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site feature, database or content. Carolines may also impose limits on certain features and services or restrict your access to parts or all of the Site without notice or liability.

Authorized Use of the Site
You may use information provided on this site only for your personal use. You agree that you will not duplicate, download, publish, modify, distribute or otherwise use the material on this Site for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or other offered items, unless otherwise authorized in writing by Carolines. All content and software on this Site is the property of pLot and/or its suppliers and is protected by U.S. and international copyright law.

Contributions to the Site
Carolines cannot and does not review all materials posted to the Site by suppliers and other third parties. Carolines is not liable or responsible for any information or content posted, linked, or otherwise provided by third parties to the Site. The contributions of third parties do not necessarily represent the views or opinions of Carolines.

Users can be held liable for any illegal or prohibited content they provide to the Site, including, but not limited to, infringing, defamatory or offensive materials. If you discover this kind of material on the Site, please notify us immediately. Carolines will investigate your claim and take any actions deemed appropriate at our sole discretion. Carolines reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in Carolines’ sole discretion are deemed objectionable or in violation of the Terms.

If, as a user of this Site, you post messages, upload files, input data or engage in any other form of communication to the Site, you grant Carolines a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free license to use, copy, license, sublicense, adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise use such communications, in all media now known or hereafter developed. You hereby waive all rights to any claims against Carolines for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.

You acknowledge that, except for your account information, transmissions to and from this Site are not confidential and your communications may be read or intercepted by others. You acknowledge that by submitting communications to Carolines, no confidential, fiduciary, contractually implied or other relationship is created between you and Carolines other than pursuant to these Terms.

Your Carolines.com account information is not posted on the Site for other users to view and is subject to our Privacy Policy. Other than in your registration form, account profile, or when entering a contest on the Site that is sponsored by us, you should not post information about yourself while using the Site that can be used to identify you, your home or work address, phone numbers, pagers, email address or other such information. Carolines cannot prevent such information from being used in a manner that violates these rules, the law, or your personal privacy and safety. By posting such information on the Site other than in your registration form, you violate these Terms, and you assume the risks and liability for the results of such posting.

Prohibited Content
The following is a partial list of content that is illegal or prohibited on the Site. Illegal or prohibited content includes any content that:

1. Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

2. Displays pornographic or sexually explicit material of any kind;

3. Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;

4. Could be harmful to minors;

5. Promotes information that is false, misleading or promotes activities or conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate the law or conduct that is abusive, threatening, vulgar, obscene, profane defamatory or libelous;

6. Harasses or advocates harassment of another person;

7. Violates, plagiarizes or infringes the rights of third parties, including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary rights;

8. Contains a computer virus or other harmful component;

9. Provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses or other harmful components;

10. Solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

11. Involves the transmission of “junk mail,” “chain letters,” or any type of unsolicited mass mailing;

12. Engages in commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising and pyramid schemes;

13. Contains advertising or any solicitation with respect to products or services, unless Carolines expressly approves such material in advance of its transmission;

or

14. Restricts or inhibits any other user from using and enjoying the Site.

Links to Third Party Sites
During your use of this Site you may be linked to other third party Sites on the World Wide Web. Carolines has no control over these sites and no responsibility whatsoever for the content contained within them. Carolines cannot guarantee, represent or warrant that the content contained in these sites is accurate, legal, and/or inoffensive. Links to and from Carolines to other sites maintained by third parties do not constitute an endorsement by Carolines of any third party resources or their contents, nor does Carolines warrant that they will not contain computer viruses or otherwise impact your computer.

By using the Site to search for or link to another site, you agree and understand that you may not make any claim against Carolines for any damages or losses resulting from your use of this Site to link to another site. If you have a problem with a link from the Site, please notify us and we will investigate your claim and take any actions we deem appropriate in our sole discretion.

Commercial Use of the Site Prohibited
You may not use this Site for any commercial purposes. You must obtain Carolines’ prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. We will investigate and take appropriate legal action against anyone who violates this provision, including, without limitation, removing the offending communication from the Site and barring such violators from use of the Site.

Copyright Policy
We will terminate the privileges of any user who uses this Site to unlawfully transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. Users who submit content to this Site, whether articles, images, stories, software or other copyrightable material, must ensure that the content they upload does not infringe the copyrights or other rights of the third parties (such as privacy or publicity rights). After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the user that they have used this Site as an instrument of unlawful infringement, we will terminate the infringing user’s rights to use and/or access this Site. We may also, at our sole discretion, terminate a user’s rights to use or access the Site prior to that time if we believe that the alleged infringement has occurred.

The Site is copyrighted as a collective work or compilation. The Site also contains copyrighted material, trademarks, and other proprietary information, some of which is owned by Carolines and some of which is owned by third parties. Except for your personal use only, and except as may be otherwise permitted by copyright law, you may not modify, publish, transmit, participate in the transfer or sale, create derivative works or in any way use any of the content of the Site, in whole or in part. Further, except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial use of downloaded material will be permitted without the express written consent of Carolines, and by the copyright owner if other than Carolines. If any copying, redistribution, or publication of copyrighted material from the Site is permitted, you may not make any changes in or deletion of author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

Trademarks
In addition to the copyright and trademark protection discussed above, “Carolines”, “Carolines.com”, “Carolines on Broadway” as well as their stylized versions, are trademarks of Carolines. All rights reserved. Other trademarks appearing on the Site, or on the tickets sold through the Site, are the property of their respective owners. You agree not to use any trademarks on the Site without the express written permission of Carolines.

Disclaimers
Carolines does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. Carolines reserves the right, at its sole discretion, to correct any errors or omissions in any portion of the Site.

The Carolines Site, including all content, software, functions, materials and information made available on or accessed through the Site, is provided “as is.” To the fullest extent permissible by law, Carolines makes no representation or warranties of any kind whatsoever for the content on the Site or the materials, information and functions made accessible by the software used on or accessed through the Site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the Site or any linked site. Further, Carolines disclaims any express or implied warranties, including, without limitation, non-infringement, merchantability or fitness for a particular purpose. Carolines does not warrant that the functions contained in the Site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available is free of viruses or other harmful components. Carolines does not warrant that the Site will provide specific results from use of the Site or any content, search or link on it.

Carolines shall not be liable for the use of the Site, including, without limitation, the content and any errors contained therein. Carolines will not be liable for any damages, foreseen or unforeseen, of any kind arising from the use of, or inability to use, this Site, including, without limitation, direct, indirect, incidental and punitive and consequential damages.

Carolines disclaims any and all liability for the acts, omissions and conduct of any third party users, Carolines users, advertisers and/or sponsors on the Site, in connection with the Carolines service or otherwise related to your use of the Site and/or the Carolines service.

Carolines is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Site. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Site to Carolines. Carolines may investigate the claim and take appropriate action, at its sole discretion.

Except in jurisdictions where such provisions are restricted, in no event will Carolines be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if Carolines has been advised of the possibility of such damages.

Disputes with Carolines
If there is any dispute about or involving the Site, by using the Site, you agree that the dispute will be governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law provisions. You agree to personal jurisdiction by and venue in the state and federal courts located in New York.

These Terms constitute the entire agreement between Carolines and you with respect to your use of the Site. Any cause of action you may have with respect to your use of the Site must be commenced within time limits set by law, generally one (1) year after the claim or cause of action arises.

If for any reason a court of competent jurisdiction finds any provision of these Terms, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.

Indemnity
You agree to indemnify and hold harmless Carolines and all its officers, directors, owners, agents, employees, information providers, licensors and licensees from any loss, liability, claim or demand, including but not limited to attorney’s fees and costs, due to or arising out of your use of the Site or your breach of this agreement, including also your use of the Site to provide a link to another site or to upload content or other information to the Site. Carolines reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any such matter without the written consent of Carolines.

Carolines is a registered trademark of Carolines. All rights reserved