These User Submission Terms explain your responsibilities when you send photographs, videos, testimonials, feedback or other material to Broadway Media Distribution, Inc. ("Broadway Media," "we," "us" or "our"). They also govern promotional rights expressly granted to Broadway Media and its affiliates Show Goods LLC and Stage Gear LLC (together, the "Companies"). Please read these terms before submitting material. For promotional submissions, you must expressly accept these terms through the submission form or another documented written confirmation. Merely tagging us on social media, sending a support attachment or making material publicly available does not, by itself, grant the promotional license described below. ## 1. Who may submit material You must be at least 18 years old and have legal authority to enter into these terms. If you submit material on behalf of a school, district, theatre, business or other organization, you represent that you are authorized to act for and bind that organization. Do not claim authority you do not have. In these terms, "you" means the submitting individual and, where that individual has authority to bind it, the organization on whose behalf the submission is made. If you lack that authority, an authorized representative must approve the submission and accept these terms before promotional use. ## 2. Ownership and permitted use You retain ownership of the rights you hold in your submission. Submission does not transfer copyright or exclusive ownership to any Company. For material submitted solely for support, troubleshooting, fulfillment or another private service purpose, you authorize us and our service providers to receive, store, reproduce and otherwise process it only as reasonably necessary for that purpose, related security and legal requirements, and as described in the applicable Privacy Policy. We will obtain separate promotional authorization before using that material in advertising. You must have the rights and permissions needed for the purpose for which you submit the material. Do not submit confidential information, student records or sensitive personal information that is unnecessary for that purpose. Unsolicited product suggestions and feedback may be used to evaluate and improve our services without payment, but this does not grant advertising rights in a person’s image, voice or private support materials. ## 3. Promotional license When you expressly submit material for promotional use and accept these terms, you grant each Company a nonexclusive, worldwide, royalty-free, fully paid license to store, reproduce, publish, display, distribute and use the material to advertise and promote the Companies and their products and services. Permitted channels include websites, social media, newsletters and other emails, printed materials, trade-show displays, sales presentations and paid advertising. We may crop, resize, excerpt, caption, format and reasonably edit the material for these purposes. We may use an authorized production title, organization name, approved testimonial and other identifying information you provide with the material within the scope of the permissions obtained. This license includes rights in names, images, likenesses, voices and performances only to the extent you have obtained the necessary permissions. It does not authorize use beyond those permissions. We may allow agencies, printers, hosting providers, advertising platforms and other service providers to exercise the license solely to carry out the permitted uses for the Companies. The license continues unless ended prospectively under Section 9 or otherwise required by law. Unless separately agreed in writing, you are not entitled to payment, a particular credit or approval of each placement. We are not required to use any submission. We will not knowingly edit a submission to create a materially misleading endorsement or misrepresent a depicted person. A testimonial must reflect the speaker’s honest experience. Disclose any payment, free product, discount or other material incentive connected with a testimonial so any required disclosure can be made. ## 4. You must obtain all necessary permissions As between you and the Companies, you are responsible for obtaining, paying for where applicable, documenting and maintaining all rights, licenses, approvals and permissions necessary for the uses you authorize. You represent and warrant that: - You own the material or have written authorization from the photographer, videographer and other rights holders sufficient to grant the rights in these terms. - You have obtained written permission from each identifiable adult whose name, image, likeness, voice or performance will be used for advertising or promotion, covering the Companies and the uses described here. - For every identifiable minor, you have obtained written permission from the minor’s parent or legal guardian covering the Companies’ promotional uses, together with any additional authorization required by applicable law. - You have obtained required school, district, theatre, venue and organizational approvals. An organization’s approval does not replace individual or parent or guardian permission. - You have obtained any necessary rights relating to scripts, music, sound recordings, choreography, artwork, logos and other protected material included in the submission. A license to stage a production or use our products does not necessarily authorize recording the production or using recordings in advertising. - All permissions remain valid and cover the intended channels, territory, duration and editing. You have identified every restriction before submission, and we have accepted any restriction in writing before use. - The submission and authorized uses do not infringe copyright, privacy, publicity or other rights; unlawfully disclose student information; breach confidentiality; or violate applicable law or binding agreements. A general school photo release is sufficient only if its actual language covers the third-party commercial uses authorized here. If permissions cover only some people or portions of a recording, do not submit the unrestricted original for promotion. Obtain the missing permissions or provide a version that excludes unauthorized material and disclose any remaining restrictions. Your confirmation is a representation that the required permissions already exist. It does not create permission from someone who has not given it. ## 5. Permission records and notification duties Keep adequate records showing the material covered, the rights granted, the person granting permission, their authority where applicable, the date and any restrictions. Maintain these records while the material is used and for any additional period reasonably necessary for related legal obligations or claims. Provide relevant proof promptly upon reasonable request through an appropriate secure channel. Do not send unnecessary identification documents or sensitive information about minors. We may decline or suspend use until satisfactory evidence is available. Notify admin@broadwaymedia.com promptly if a permission is disputed, withdrawn, expires or proves insufficient, or if you learn that a submission is inaccurate or unauthorized. Identify the affected material and cooperate with investigation, correction and removal. The Companies may rely on your representations to the extent permitted by law. Our review, acceptance, editing or publication does not relieve you of your obligations or supply rights you did not obtain. Nothing in these terms excuses a Company from duties imposed on it by law. ## 6. Acceptable submissions Do not submit unlawful, infringing, defamatory, fraudulent, harassing or exploitative material; malware; private information disclosed without authority; or sexually explicit content. Do not impersonate another person, fabricate permissions or misrepresent the source of a submission. Lawful performance material depicting minors is permitted only with the permissions required by these terms. Depictions of fictional stage conflict or theatrical effects are not automatically prohibited, but we may reject material that is unsuitable for our audience or promotional purposes. We may decline, remove, restrict or stop using any submission. We may suspend submission privileges for violations, subject to applicable law and any binding agreement. We are not obligated to publish, preserve or return submitted material. Keep your own original copies. ## 7. Indemnification and defense To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless the Companies and their officers, directors, employees and agents from third-party claims, losses, damages, judgments, settlements, liabilities and reasonable attorneys’ fees and costs to the extent arising from your breach of these terms; false or misleading permission statements; lack of authority; infringement; or failure to obtain or maintain required rights, releases or approvals. On written notice, and to the extent permitted by law, you agree to defend the affected Company using counsel reasonably acceptable to it. We will provide reasonable notice of a claim and reasonable cooperation. A Company may participate through its own counsel and control its defense where reasonably necessary to address a conflict of interest or protect its rights. Responsibility for recoverable defense costs remains subject to the indemnity in this section. You may not settle a claim in a way that admits fault by, imposes a nonmonetary obligation on, or fails to release an affected Company without that Company’s prior written consent. You remain responsible for your covered breach even if we remove the material after a complaint. These obligations do not apply to the extent a claim arises from a Company’s use outside the rights granted, its own unlawful conduct, or liability that applicable law does not permit it to shift. No person or public institution assumes an obligation beyond its lawful contracting authority. These terms do not bind a depicted person who did not agree to them or eliminate that person’s legal rights. ## 8. Limits on liability To the fullest extent permitted by applicable law, the Companies will not be liable to you for indirect, incidental, special, consequential or punitive damages arising from handling, declining, editing, removing or discontinuing an authorized submission, even if advised of the possibility of those damages. Nothing in these terms excludes or limits liability for fraud, willful misconduct, gross negligence, or any other liability that applicable law does not permit to be excluded or limited. This section does not authorize use outside the permissions granted or restrict nonwaivable privacy, publicity, consumer or other statutory rights. It does not purport to release claims belonging to people you have no authority to represent. ## 9. Rights concerns and removal requests If you believe a submission includes you or a child for whom you are responsible without appropriate permission, infringes your rights or should otherwise be removed, contact admin@broadwaymedia.com with the subject “Submission removal request.” Identify the material, where it appears and the nature of your concern. We may request information reasonably needed to verify the request and locate the material. Upon a credible permissions complaint, we will suspend new promotional use while reviewing the matter and take reasonable steps to remove the material from channels we control. Following a verified withdrawal request, we will stop new promotional use and remove controlled online placements within a reasonable period or any shorter period required by law. We will coordinate relevant removal with Show Goods and Stage Gear and instruct providers handling the affected placement as appropriate. Copies already printed, distributed, cached or independently reposted may not be fully recoverable. We will stop further distribution or take additional steps where required by law. Restricted copies may be retained for permission records, legal compliance or resolving claims where permitted. Removal is not an admission of liability. It does not excuse a submitter’s prior breach, end responsibility for a covered claim or prevent an affected person from pursuing available legal remedies. ## 10. Privacy and related agreements Our Privacy Policy explains the collection, use, disclosure and retention of personal information associated with submissions. Accepting these terms does not waive privacy rights or automatically enroll a submitter or depicted person in marketing emails. These terms supplement Broadway Media’s Terms and Conditions. For submission permissions, ownership, promotional licenses and removal, these specific terms control over conflicting general submission language, to the extent legally enforceable. A separately signed agreement expressly governing the same submission controls where it conflicts with these terms. We honor applicable school or district data agreements and mandatory legal requirements. Show Goods LLC and Stage Gear LLC are intended beneficiaries of the promotional licenses and protections expressly granted to them and may enforce those provisions to the extent permitted by law. ## 11. Governing law and changes These terms are governed by the laws of the State of New York, without regard to conflict-of-law principles, except where mandatory law requires otherwise. Nothing in this provision deprives you of protections that cannot be waived under applicable law. We may update these terms for future submissions and will revise the effective date. Changes do not retroactively enlarge an existing license or add new obligations without any required agreement. If a provision is unenforceable, the remaining provisions continue to the extent permitted by law. Failure to enforce a provision does not waive it. Permission recordkeeping, accrued claims, indemnification and provisions intended by their nature to continue survive the end of a submission license, subject to applicable law. ## 12. Contact Broadway Media Distribution, Inc. admin@broadwaymedia.com Privacy Policy: [https://www.broadwaymedia.com/legal/privacy-policy](https://www.broadwaymedia.com/legal/privacy-policy) Terms and Conditions: [https://www.broadwaymedia.com/legal/terms-and-conditions](https://www.broadwaymedia.com/legal/terms-and-conditions)