Shubert Lobby Wifi Terms
TERMS AND CONDITIONS
These Terms and the Privacy Policy are promulgated and enforced by the provider of the Network, which is The Shubert Organization, Inc. (“Shubert”, also “we”, “us”, etc.). We may change these Terms and the Privacy Policy at any time and from time to time, effective immediately. Please read these Terms before using the Network. If you cannot comply with these Terms, please do not access or otherwise use the Network. By using the Network, you are indicating your agreement to be bound by these Terms.
Limited License
We grant you a non-exclusive, limited, revocable license to visit and use the Network, provided you agree to comply with these Terms and the other policies and conditions governing your use of the Network. Nothing in this license, or in the Network, shall be construed as granting you any other rights or privileges with respect in any manner to the Network. In addition, we may terminate your right to access or otherwise use the Network at any time, for any reason, with or without notice.
Use Restrictions
We are providing you with access to the Network for your personal and noncommercial use only, in accordance with all applicable laws and with all rules stated in these Terms. The restrictions articulated in these Terms are intended to be overlapping and reinforcing, and no statement of any particular restriction shall or shall be construed as curtailing or otherwise affecting any other restriction or the applicability of law.
You may not use the Network for fraudulent, harassing, intimidating, defamatory, abusive, or other unlawful, aggressive, inappropriate, and/or offensive purposes. You may not use the Network to access unlawful, pornographic, sexually explicit, offensive, violent, or other inappropriate or offensive material (including but not limited to offensive material concerning race, sex, sexual orientation, gender, gender identity, national origin, ethnicity, religion, age, disability, or other characteristic protected by law).
You may not use the Network in any manner patently contrary to the purpose of the provision of this Network, including but not limited to wasting or excessive use of computer or internet resources, mass mailings, gaming, mass uploading or mass downloading, or otherwise creating unnecessary and/or excessive traffic on the Network. You may not, in connection with any permitted use by you of the Network, use any automated or manual processes that may overload or cause excessive traffic on the Network, including but not limited to robots, spiders, web bots, web wanders, crawlers, worms, web ants, and the like; or use multiple IP addresses, IP spoofing, IP address forgery, host file hijacking, interacting or engaging with the Network through proxy servers or virtual private networks, or any other software or process designed to circumvent security or use restrictions. You may not disrupt, modify or interfere with the Network or its associated software, hardware, or servers. You may not interfere with the use of the Network by others.
If you violate these Terms (or if we in our sole discretion believe you have violated any of these Terms), we may terminate your use of the Network, bar any future use of the Network by you (and by any IP addresses and/or machine IDs we believe to be associated with your use of the Network), and/or take appropriate legal action against you including, without limitation, seeking civil, criminal and injunctive redress.
Content Disclaimer
The internet is a worldwide network of computers that contains an infinitely vast amount of information. Users of the internet (including users of this Network) are cautioned that much of this information may be offensive and/or inappropriate (including but not limited to as described in the prior section of these Terms). Users accessing the internet (including users of this Network) do so at their own risk.
Technical Disclaimer
You are using the Network at your own risk. We do not guarantee that your use of the Network, or any information that may be obtained with respect to your use of the Network, will remain private. We do not promise that there will be no errors transmitting information via the Network. We do not promise that criminal or other unscrupulous third parties will not surveil or otherwise gather information about your use of the Network. We do not promise that information you receive through the Network is accurate or reliable or that the Network is free of computer viruses or other harmful mechanisms. We make no guarantee of the availability of any service or specific result from your use of the Network.
THIS NETWORK IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IF YOUR USE OF THIS NETWORK RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OF OR INABILITY TO USE THIS NETWORK, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
By using this Network, you agree (1) that you will indemnify, defend, and hold harmless, Shubert and all of Shubert’s parent, subsidiary, and affiliate entities, and each of their shareholders, members, directors, managers, officers, employees, representatives, and agents, from and against any and all claims, actions, liabilities, damages, losses, fines, penalties, suits at law or in equity, costs, and expenses, including reasonable attorneys’ fees, arising in any manner whatsoever by reason of your use of this Network (including but not limited to by reason of your breach of any provision of these Terms); and (2) to the extent permitted by applicable law, that you waive any and all such claims that you may now or in the future have against Shubert, for damages or otherwise, arising in any manner whatsoever by reason of your use of this Network.
Disputes
These Terms and any dispute regarding these Terms shall be governed by and construed in accordance with New York State law without regard to principles of conflict of laws. Except as otherwise stated explicitly in these Terms, any disputes arising out of or relating to the use of this Network may only be brought in the state or federal courts located in New York County, New York State. By using this Network, you are agreeing to submit to the jurisdiction of such courts for any claims arising out of your use of this Network.
PRIVACY POLICY
This Network is not designed to collect personal data or information from users of this Network. However, the administrators of this Network, including Shubert personnel, monitors many aspects of users’ use of this Network, including to ensure users’ compliance with the Terms above (including, without limitation, to ensure that users are not accessing inappropriate or unlawful material via this Network or using this Network to engage in inappropriate or unlawful conduct, as described above). Such monitoring may include logging IP addresses and/or machine IDs and monitoring such IP addresses’ and machine IDs’ sites visited, applications used, and other similar matters.
This Network does not and is not designed to collect, store, or transmit to any third party any personal information with respect to users of this Network. This Network does not cause cookies, pixels, or other tracking technologies to be installed on the devices used to access this Network. However, any such technologies may be used by the websites and/or applications you use and/or access via your use of this Network, and any such websites and/or applications may themselves collect, store, and transmit, etc., data and information, including personal data and/or personally identifiable information about you. Any such website’s or application’s activities in this regard will be governed by the terms and conditions of use and/or privacy policy for such website or application and will not be governed by these Terms or this Privacy Policy. If you wish to know more about how such websites or applications gather, use, and/or transmit information, including information about you, you will need to contact the applicable website and/or application’s operator directly.
Effective Date: September 16, 2024