Rochester, NY

Privacy Policy

LAST UPDATED AND EFFECTIVE AS OF: November 30, 2022

YOUR ACCEPTANCE OF THESE TERMS

PLEASE READ THE FOLLOWING TERMS CAREFULLY BEFORE USING THIS WEB SITE. By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by us. From time to time, we may change this Privacy Policy. When we do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this website following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless we provide you with specific notice, no changes to our Privacy Policy will apply retroactively.

For more information about how users with disabilities can access this Privacy Policy in an alternative format, please contact privacy+akimbo@situationinteractive.com.

INFORMATION WE COLLECT AND HOW WE USE IT

1. Personal Information. Your provision of your Personal Information to us is completely voluntary; it is not a statutory or contractual requirement. “Personal Information” is any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly with you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Using certain features of our website may require that you provide us with your Personal Information. For example our website may include the following features:
   • Contests/Sweepstakes
   • Surveys
   • Newsletter Sign-Up
   • Mobile Alert Sign-Up (SMS)
   • Contact Us (email)
   • Public forums (e.g. message boards)

   To use these features, we may require you to provide your email address, mobile number, name and/or address and certain demographic information (e.g. gender, age, income level, etc.). When you give us Personal Information to use the features above, you expressly consent to our collection, storage, use and disclosure of this information as described in this Privacy Policy. In the past twelve (12) months, we collected the below categories of Personal Information from you when you use the website: 

   • Identifiers (such as your name, email address and physical address); and 
   • Internet or other electronic network activity information (such as cookies and mobile device IDs, and related browsing information)

   In addition, we may collect data that is not identifiable to you or otherwise associated with you, such as aggregated data, and is not Personal Information. To the extent this data is stored or associated with Personal Information, it will be treated as Personal Information; otherwise, the data is not subject to this Privacy Policy.

   We may use your Personal Information to communicate with you about:

   • Your use of any of the features above;
   • New content on our website;
   • New contests;
   • Prize information;
   • News that we think may interest you about us; and
   • Responses to your questions/comments to us.

   We may use your demographic information for in-house statistics, advertising, and marketing target information.

   The legal basis for our processing of your Personal Information is that it is either processed with your consent, for a legitimate interest or necessary for the performance and fulfillment of the contract between us and to provide you with our services.

   You can always opt-out of receiving future communications from us; see the Choice/Opt-out section below.

2. Other Information. Even if you don’t use any of the features above, when you visit our website, we may collect certain information about you indirectly or automatically.
   • From your Browser. For example, our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with our server and to administer our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on our website.
   • Cookies. “Cookies” are small text files that are stored on your computer and record your preferences when you visit certain online pages. Our website uses cookies to track your use of the site and its features and links. We may also use cookies to monitor traffic, improve our website and make it easier to use or more relevant to you. If you provide us with personal information, cookies may be linked to that information. You may occasionally get cookies from third parties with links (e.g. merchandise retailers and ticket vendors) on our website. We do not control these cookies, and these cookies are not subject to our Privacy Policy. An example of a partner of ours that uses cookies on our side is Facebook. To review their terms, please visit: https://www.facebook.com/about/privacy/. You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.
   • Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of our website that are programmed to collect non-personal information about your use of our website. Like cookies, tracking tags provide overall usage patterns for our website that we use for analysis and to provide personalized services and advertising content.

INTEREST BASED ADS

We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers OR http://www.networkadvertising.org/managing/opt_out.asp.

INFORMATION COLLECTED BY/SHARED WITH THIRD PARTIES.

Other than as provided in this Privacy Policy, we do not share your Personal Information with third parties.

1. Advertising. We partner with advertising companies who may use information from cookies and the tracking tags they place on our website to provide you with targeted advertisements about goods and services that may be of interest to you based on your use of our website and to track the effectiveness of ads served to you. These advertising company partners may anonymously track your Internet usage across other websites in their networks beyond our website. Any information that these advertising companies collect via cookies and tracking tags is generally not personally identifiable (unless, for example, you provide personal information to them through an ad or email message). If you wish at any time to opt-out of the collection of information by these advertising companies, please see the Interest Based Ads section above.
2. Third Parties Doing Work for Us. We may employ other companies or individuals to perform functions on our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your Personal Information only as needed to perform their functions.
3. Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third party sites may collect information, including Personal Information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third-party sites.
4. Social Networking Services. Our website may integrate with social networking services. You understand that we do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
5. When necessary. We may also release Personal Information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of ourselves, our clients, our users, or others. Of course, we may disclose any Personal Information about you to law enforcement, other government officials, or other third parties, as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose us to legal liability.

In the past twelve (12) months, we shared for a business purpose the following categories of Personal Information with the following categories of third parties: 

• Identifiers: Ad networks and backend service providers
• Internet or other electronic network activity information: Ad networks and backend service providers

MOBILE MESSAGE SIGN-UP

If you subscribe to receive messages and alerts from us on your mobile device, by providing us with you mobile number, you acknowledge and agree:

• We are authorized to send you text messages which may include news, promotions and offers at the number you provide for such purposes until you opt-out as provided in the Choice/Opt-Out section
• You are the owner or authorized user of the wireless device number you provide to us
• You are at least 18 years of age
• You reside in the U.S.
• Your wireless carrier’s standard messaging rates apply
• Your wireless carrier and other service providers may also collect data about your wireless device usage, and their practices are governed by their own policies
• We do not guarantee the privacy or security of your wireless network or the messages you receive
• We may access the content of your wireless account with your carrier for the purpose of identifying and resolving technical problems and/or service-related complaints
• We are authorized to use the information we obtain in connection with providing mobile messages to you as described in this Privacy Policy

PUBLIC FORUMS

At times, this website may contain message boards, and/or news groups available to its users. We request users to give us contact information, such as name, email, address, occupation, and interests to be a registered bulletin board user. This information is optional and not necessary to post messages. This information may be used by the administrator to send the user email notices. However, users may opt-out of receiving future mailings; see the Choice/Opt-out section below. Please remember that any information that is disclosed in these areas becomes public information and users should exercise caution when deciding to disclose Personal Information.

DIRECTED AT ADULT MARKET

This website’s products and services are directed at an adult market, and therefore this website is intended for use by adults only. We encourage parents to take an active role in their children’s use of the Internet, and to inform them of the dangers of providing information about themselves over the Internet. Children of any age should always ask a parent for permission before sending personal information to anyone online. No information should be submitted to or posted on this website by users under 13 years of age without the consent of their parent or guardian.

Users that this website knows to be under the age of 13 are hereby required to provide the email address of their parent or guardian to the Administrator (privacy+akimbo@situationinteractive.com) so that this website may alert the parent or guardian of their child’s use of this website. The parent or guardian must consent to this website’s collection of their child’s personal information. A known child user will be restricted from providing Personal Information until such consent is received. No information collected from users known to be under age 13 will be used for any marketing or promotional purposes outside this website. If this website collects personal information from children, it will do so in compliance with the Children’s Online Privacy Protection Act of 1998 (U.S.C. 6501 et seq.).

RIGHTS FOR RESIDENTS OF CERTAIN U.S. STATES

The California Consumer Privacy Act of 2018 and its successor legislation (“CCPA”) and similar laws in other states provide certain residents with specific rights regarding their Personal Information.

This section describes the rights that California residents and residents of other states, as applicable, have with respect to their Personal Information and explains how to exercise those rights, subject in all cases to any limitations set forth in the CCPA and applicable state laws. Please refer to the section entitled “What Information Do We Collect” above for more detail about the types of information collected, the purposes for which and sources from where we collect Personal Information, and the third parties with whom we share Personal Information.

State Specific Rights, Choices, and Opt-Outs: The CCPA and applicable state laws provide California residents and residents of other states, respectively, with specific rights regarding their Personal Information. The subsections that follow describe the rights that you have under the CCPA if you are a California resident, or under similar laws in your state of residency, and explain how you can exercise those rights.

1. Right to Know About Personal Information Collected, Disclosed, or Sold. You have the right to request that we disclose certain information to you about our collection, use, disclosure, or sale of your Personal Information over the past 12 months. Once we receive and confirm your verifiable consumer request (see Exercising Your Right to Know or Delete), and subject to certain limitations described below or set forth in the CCPA, we will disclose such information to you. You have the right to request any or all of the following:
   • The categories of Personal Information we collected about you.
   • The categories of sources from which the Personal Information is collected.
   • Our business or commercial purpose for collecting or selling that Personal Information.
   • The categories of Personal Information about you that we have sold or disclosed for business purposes.
   • The categories of third parties to whom the information is sold or disclosed for a business purpose.
   • The specific pieces of Personal Information we collected about you.
2. Right to Correction: You have the right to correct inaccurate Personal Information that we have collected and maintain about you.
3. Right to Data Portability: You have the right to request a copy of Personal Information we have collected and maintained about you in the past 12 months.
4. Deletion Request Rights. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see Exercising Right to Know or Delete), we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies. However, we may retain Personal Information that has been de-identified or aggregated. Furthermore, we may deny your deletion request if retaining the information is necessary for us or our service provider(s) in order to perform certain actions set forth under CCPA or applicable state laws, such as detecting security incidents and protecting against fraudulent or illegal activity.
5. Exercising Your Rights Under Applicable State Laws. To exercise your rights under applicable state laws and as described in this section, please submit a request to us by either:
   • Emailing us at privacy+akimbo@situationinteractive.com
   • Calling us at 1-888-969-8407.

   Only you, or a person or business entity that you authorize to act on your behalf (an “authorized agent”), may make the requests set forth above. The request should include your contact information and describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. In addition, you should provide sufficient information that allows us to reasonably verify that you are the person about whom we collected the Personal Information or an authorized representative of that person. For more information about verification, see Response Timing and Format immediately below.

6. Response Timing and Format. In order to protect the security of your Personal Information, we will not honor a request if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you. The method used to verify your identity will depend on the type, sensitivity, and value of the information, including the risk of harm to you posed by any authorized access or deletion. Generally speaking, verification will be performed by matching the identifying information provided by you to the Personal Information that we already have. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request (and will not be made more than twice in a 12-month period). If we cannot comply with a request, or cannot fully comply with a request, the response we provide will also explain the reasons we cannot comply.
7. Personal Information Sales Opt-Out and Opt-In Rights. We do not “sell” Personal Information, as that term is defined in the CCPA and other applicable state laws.
8. Non-Discrimination. We will not discriminate against you for exercising any of your rights under the CCPA or applicable state laws. 

RIGHTS OF CALIFORNIA RESIDENTS

California Civil Code section 1798.83 permits California residents to request information about whether we have disclosed Personal Information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact us at the following email address:privacy+akimbo@situationinteractive.com.

EU VISITORS

If you are located within the European Union, United Kingdom or Switzerland, you should be aware that your Personal Information will be stored and processed in the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit Personal Information to us, you thereby consent to the general use of such information as provided in this Privacy Policy and to the transfer of that information to, and/or storage of that information in, the United States, and Personal Information may become accessible as permitted by law in the United States, including to law enforcement and/or national security authorities in the United States. We transfer Personal Information from the European Economic Area, United Kingdom and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation (“GDPR”) and similar country laws.

Nevada Users – If you are a Nevada resident, you have the right to request that we do not sell your covered information (as those terms are defined in N.R.S. 603A) that we have collected, or may collect, from you. We do not sell your covered information, however, if you would like to make such a request you may do so by contacting us at privacy+akimbo@situationinteractive.com.

RIGHTS OF EU DATA SUBJECTS

If you are a resident of the European Union, United Kingdom or Switzerland, under the GDPR and similar country laws, residents, as data subjects, have the following rights:

• Right to access – This right allows individuals to obtain confirmation as to whether or not Personal Information concerning him or her is being process and provide access to such Personal Information. It also allows individuals to request details of the processing of his or her Personal Information, including, without limitation, categories of recipients to whom the Personal Information have been or will be disclosed and purposes of processing.
• Right to rectify – This right allows individuals to rectify any inaccurate Personal Information about him or her.
• Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
• Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have Personal Information erased or to prevent processing in specific circumstances.
• Right of data portability – This right allows individuals to move, copy or transfer Personal Information from one place to another in a secure manner without interrupting the integrity and usability of the information.
• Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

To exercise your rights under this section, please contact us at privacy+akimbo@situationinteractive.com. If you have any complaints regarding our privacy practices, you have the right to complain to a supervisory authority.

SECURITY

This website has commercially reasonable security measures in place to protect the loss, misuse and alteration of the information under our control. Personal Information collected by our website is stored in secure operating environments that are not available to the public. While we try our best to safeguard your personal information once we receive it, no transmission of data over the Internet or any other public network can be guaranteed to be 100% secure.

RETENTION

We will retain your information for as long as your account or inquiry is active or as needed to provide you with the website and for a reasonable time thereafter in accordance with our standard procedures or as necessary to comply with our legal obligations, to resolve disputes, and to enforce our agreements. Even if we delete some or all of your Personal Information, we may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that we will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

CHOICE/OPT-OUT

This website provides users the opportunity to opt-out of receiving communications from us at the point where we request information about the visitor or email us at privacy+akimbo@situationinteractive.com.

This website gives users the following options for removing their information from our database to not receive future communications or to no longer receive our service.

1. Users can send email to: privacy+akimbo@situationinteractive.com
2. Users can send mail to the following postal address:
   PO Box 1093 Midtown Station
   New York, NY 10018
3. Users can call the following telephone number: 212.982.3192
4. Users can opt-out of receiving future newsletter emails from us by selecting the “unsubscribe” link at the bottom of our newsletter
5. Mobile message subscribers can respond to a text from us with the message “unsubscribe” to stop receiving text messages from us

However, we are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.

You have the right to withdraw your consent for our processing for your Personal Information by contacting us at privacy+akimbo@situationinteractive.com.

CORRECT/UPDATE

This website gives users the following options for changing and modifying information previously provided.

1. Users can send email to: privacy+akimbo@situationinteractive.com
2. Users can send mail to the following postal address:
   PO Box 1093 Midtown Station
   New York, NY 10018
3. Users can call the following telephone number: 212.982.3192

SUCCESSORS

In the event that we are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to our obligations with respect to the Personal Information that you have provided to us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such Personal Information by an entity assuming control of our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.

CONTACTING THE WEBSITE

If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to privacy+akimbo@situationinteractive.com.

Terms & Conditions

Last Updated: May 3, 2018

Welcome to Kimberly Akimbo the Musical located at https://kimberlyakimbothemusical.com (the “Website”). This Website is maintained and operated by Situation Marketing, LLC (“Company”, “we”, “our” or “us”). YOUR ACCESS AND USE OF THE WEBSITE IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS AND CONDITIONS”) AND ALL APPLICABLE LAWS. BY ACCESSING OR USING ANY PART OF THE WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, YOU MAY NOT USE ANY PORTION OF THE WEBSITE.

THESE TERMS AND CONDITIONS CONTAIN AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ THEM CAREFULLY, SINCE THEY AFFECT YOUR LEGAL RIGHTS.

Accessibility: If you are having any trouble accessing these Terms and Conditions or the Website, please contact us at 212.982.3192 between the hours of 9:30a-6:00p EST.

Authorized Use of Website: This Website is provided for your personal and non-commercial use and for informational purposes only. Any other use of the Website requires the prior written consent of Company.

Unauthorized Use of Website: You may not use spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the Website. Further, you may not use any such automated means to manipulate the Website, such as automating what are otherwise manual or one-off procedures. You may not take any action to interfere with, or disrupt, the Website or any other user’s use of the Website, including, without limitation, via means of overloading, “flooding”, “mailbombing” or “crashing” the Website, circumventing security or user authentication measures or attempting to exceed the limited authorization and access granted to you under these Terms and Conditions. You may not frame portions of the Website within another Website. You may not resell use of, or access to, the Website to any third party without our prior written consent.

Proprietary Rights: Company is the owner of or otherwise licensed to use all parts of the Website, including all copy, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logos, and other intellectual property or proprietary rights contained therein. Some materials on the Website belong to third parties who have authorized Company to display the materials, such as certain third party licensors. By using the Service, you agree not to copy, distribute, modify or make derivative works of any materials without the prior written consent of the owner of such materials. Except as expressly set forth in these Terms and Conditions, no license is granted to you and no rights are conveyed by virtue of accessing or using the Website. All rights not granted under these Terms and Conditions are reserved by Company.

No Ideas Accepted: We do not accept any unsolicited ideas to this Website from outside the company including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our services, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. This policy eliminates concerns about ownership of such ideas. If, notwithstanding this policy, you submit an unsolicited idea to this Website, you understand and acknowledge that such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it. You further understand that we shall exclusively own all known or hereafter existing rights to the idea everywhere in the world, and that such idea is hereby irrevocably assigned to us. Without limiting the foregoing, to the extent any such assignment is deemed unenforceable, and or to the extent necessary for Company to utilize your submission, you hereby grant Company an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

Third Party Links: This Website may contain links to other Websites not maintained by us. Other Websites may also reference or link to our Website. We encourage you to be aware when you leave our Website and to read the terms and conditions and privacy statements of each and every Website that you visit. We are not responsible for the practices or the content of such other Websites.

No Warranties: WHILE COMPANY USES REASONABLE EFFORTS TO INCLUDE UP-TO-DATE INFORMATION ON THE WEBSITE, EXCEPT FOR THE EXPRESS WARRANTIES STATED ON OUR WEBSITE, COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITE, IS PROVIDED “AS IS” AND COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITE. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY SHALL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT WILL COMPANY BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY, PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL, INDIRECT OR OTHER CONSEQUENTIAL DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY DIRECT DAMAGES EXCEEDING THE GREATER OF THE FEES YOU PAID TO COMPANY FOR PRODUCTS AND SERVICES IN THE TWELVE MONTHS PRECEEDING THE CLAIM OR ONE HUNDRED UNITED STATES DOLLARS.

Changes: All information posted on the Website is subject to change without notice. In addition, these Terms and Conditions may be changed at any time without prior notice. We will make such changes by posting them on the Website. You should check the Website for such changes frequently. Your continued access of the Website after such changes conclusively demonstrates your acceptance of those changes.

Indemnification: You agree to indemnify, defend and hold harmless Company, its employees, directors, officers, agents, business partners, affiliates, contractors, distribution partners and representatives from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to (i) your use of the Website, (ii) any breach by you of any of these Terms and Conditions, (iii) any violation of applicable law.

Severability: If any part of these Terms and Conditions shall be held or declared to be invalid or unenforceable for any reason by any court of competent jurisdiction, such provision shall be ineffective but shall not affect any other part of these Terms and Conditions, and in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

Waiver; Remedies: The failure of Company to partially or fully exercise any rights or the waiver of Company of any breach of these Terms and Conditions by you shall not prevent a subsequent exercise of such right by Company or be deemed a waiver by Company of any subsequent breach by you of the same or any other term of these Terms and Conditions. The rights and remedies of Company under these Terms and Conditions and any other applicable agreement between you and Company shall be cumulative, and the exercise of any such right or remedy shall not limit Company’s right to exercise any other right or remedy.

Governing Law; Dispute Resolution; Arbitration: The laws of the State of New York shall govern these Terms and Conditions. While we will make reasonable efforts to resolve any disagreements you may have with Company, if these efforts fail you agree that all claims, disputes or controversies against Company arising out of these Terms and Conditions, or the purchase of any products or services (“Claims”) are subject to fixed and binding arbitration (except for matters that may be taken to small claims court), no matter what legal theory they are based on or what remedy (damages, or injunctive or declaratory relief) they seek. This includes Claims based on contract, tort (including intentional tort), fraud, agency, your or our negligence, statutory or regulatory provisions, or any other sources of law; Claims made as counterclaims, cross-claims, third- party claims, interpleaders or otherwise; and Claims made independently or with other claims. The party filing an arbitration must submit Claims to the American Arbitration Association and follow its rules and procedures for initiating and pursuing an arbitration. Any arbitration hearing that you attend will be held at a place chosen by the American Arbitration Association in the same city as the U.S. District Court closest to your then current residential address, or at some other place to which you and Company agree in writing, and the arbitrator shall apply New York law consistent with the Federal Arbitration Act. You shall not be entitled to join or consolidate Claims in arbitration by or against other users or to arbitrate any Claim as a representative or member of a class or in a private attorney general capacity. You may obtain copies of the current rules, and forms and instructions for initiating an arbitration by contacting the American Arbitration Association at using the contact information noted below.

American Arbitration Association
800-778-7879 (toll-free)
Website: www.adr.org

A single, neutral arbitrator will resolve Claims. The arbitrator will be either a lawyer with at least ten (10) years’ experience or a retired or former judge, selected in accordance with the rules of the American Arbitration Association. The arbitration will follow the procedures and rules of the American Arbitration Association which are in effect on the date the arbitration is filed unless those procedures and rules are inconsistent with these Terms and Conditions, in which case these Terms and Conditions will prevail. Those procedures and rules may limit the discovery available to you or us. The arbitrator will take reasonable steps to protect your customer account information and other confidential information if requested to do so by you or us. Each party to the arbitration will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines. The arbitrator’s award is final and binding on the parties unless we or you appeal it in writing to the arbitration firm within fifteen (15) days of notice of the award. The appeal must request a new arbitration before a panel of three neutral arbitrators designated by the American Arbitration Association. An award by a panel is final and binding on the parties after fifteen (15) days has passed. Any Claim you have must be commenced within one (1) year after the date the Claim arises. As noted above, you and Company hereby voluntarily and knowingly waive any right either may have to a jury trial.

We will not choose to arbitrate any Claim you bring in small claims court. However, if such a Claim is transferred, removed or appealed to a different court, we may then choose to arbitrate.

In the event this arbitration clause is not enforceable by the specified arbitration organization, the parties will mutually agree upon another arbitration organization that will enforce this clause.

Class Action Waiver: YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND. CLAIMS AND REMEDIES SOUGHT AS PART OF A CLASS ACTION, PRIVATE ATTORNEY GENERAL OR OTHER REPRESENTATIVE ACTION ARE SUBJECT TO ARBITRATION ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS, AND THE ARBITRATOR MAY AWARD RELIEF ONLY ON AN INDIVIDUAL (NON-CLASS, NON-REPRESENTATIVE) BASIS.

Privacy Policy: Use of the Website is also governed by our Privacy Policy, which is incorporate herein by reference.

Questions: Should you have any questions regarding these Terms and Conditions you may contact us at privacy+akimbo@situationinteractive.com.

What are Cookies?

Our website uses cookies, like most sites do, to help provide you the best experience we can. A cookie is a small piece of data that a website asks your browser to store on your computer or mobile device. The cookie allows the website to “remember” your actions or preferences over time.

First-Party Cookies

First-party cookies are placed by us and are used to allow you to use the website and its features and to assist in analytics activities.

Third-Party Cookies

Our website, like most websites, includes functionality provided by third parties. Those third parties may place their cookies on your device and use them to recognize your device when you visit our website. These third parties collect and use this information pursuant to their own privacy policies. Third-party cookies enable certain features or functionalities to be provided on the website (i.e. an embedded YouTube video).

How are cookies used for advertising purposes?

Cookies and ad technology such as web beacons, pixels, and anonymous ad network tags help us serve relevant ads to you more effectively. They also help us collect aggregated audit data, research, and performance reporting for advertisers. Pixels enable us to understand and improve the delivery of ads to you, and know when certain ads have been shown to you. Since your web browser may request advertisements and web beacons directly from ad network servers, these networks can view, edit, or set their own cookies, just as if you had requested a web page from their site.

Although we do not use cookies to create a profile of your browsing behavior on third-party sites, we do use aggregate data from third parties to show you relevant, interest-based advertising. We do not provide any personal information that we collect to advertisers. You can opt out of off-site and third-party-informed advertising by adjusting your cookie settings. Opting out will not remove advertising from the pages you visit, but, instead, opting out will result in the ads you see not being matched to your interests. This implies that the ad(s) you see will not be matched to your interests by those specific cookies.

How do I reject and delete cookies?

You can choose to reject or block all or specific types of cookies set by virtue of your visit to Kimberly Akimbo the Musical’s website by clicking on the cookie preferences on our website(s). You can change your preferences for this website and/or the websites of any third party suppliers by changing your browser settings. Please note that most browsers automatically accept cookies. Therefore, if you do not wish cookies to be used, you may need to actively delete or block the cookies. If you reject the use of cookies, you will still be able to visit our website but some of the functions may not work correctly. You may also visit www.allaboutcookies.org for details on how to delete or reject cookies and for further information on cookies generally. By using our website without deleting or rejecting some or all cookies, you agree that we can place those cookies that you have not deleted or rejected on your device.

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