Terms & Conditions

Welcome to the digital destination and landing page (“Site”) for the Broadway production of STRANGER THINGS: THE FIRST SHADOW (“Production”).

These are our Terms of Use (“Terms”), which you should read before you use the Site. The Site is operated by Tempest Broadway Limited Liability Company (“Tempest”, or “we”, “us”, “our”), on behalf of the producers of the Production, and/or their affiliated entities (“Partner Entities”).

You must be at least 18 years of age to interact with this Site (which is defined as this website, and the mobile version and any successor site(s), regardless of how accessed). Individuals under this age may only access and/or utilize the Site with the involvement of a parent or legal guardian. The Site, its contents, and its services are for entertainment purposes only.

These terms are a legally binding agreement between Tempest and you. They will govern the relationship between you and us and everything that you do on the Site. If you do not wish to be bound by these Terms, please do not use the Site. We may change our Terms from time to time without notification and you should regularly review these terms when you visit our site. Netflix may suspend or terminate your Netflix account or access to this Site if you fail to comply with these Terms.

For questions about this Site, please email webteam@akauk.com, and make sure to reference the Production by name in the subject line.

1. TEMPEST PICTURES BROADWAY LIMITED LIABILITY COMPANY
This Site is owned and operated by Tempest. If you would like further information about Tempest Pictures Ltd or anything else referred to on the Site, please contact us using the following details:

Tempest Pictures Ltd
c/o Sonia Friedman Productions
Fifth Floor, 65 Chandos Place
London
WC2N 4HG

2. USE OF THE SITE

You may not use the Site in any improper or unlawful manner or in breach of any legislation or license that applies to you.

Except as expressly permitted, you agree that when using the Site, you will not:
publish, post, upload, store, distribute or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, or otherwise illegal material or information or anything which might constitute a criminal or civil offence;
upload files or other data that contain software or other material which are the intellectual property rights of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents; or
upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of the Site or any other computer.
You agree to comply with all reasonable instructions that we may give you from time to time regarding the use of the Site.

You are responsible for obtaining (at your own cost) all necessary equipment and telecommunications services required to access and use the Site. You are responsible for ensuring that no one uses your equipment to access the Site without your permission. We will be entitled to assume that anyone who accesses the Site using your equipment has your permission to do so and you will be liable for any Charges or any other costs, liabilities or damages that may be incurred by any such person.

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including any Production employee, Partner Entities, host, or representative, as well as other members or visitors on the site is prohibited.

You may not upload to, distribute, or otherwise publish through the site any content that is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

3. USER GENERATED CONTENT
From time to time, this Site might allow you to communicate, upload, or otherwise make available text, images, audio, video, or other content (“UGC”), which might be accessible and/or viewable by the public. In submitting UCC, you:

warrant that you hold any and all rights in the UGC or, where applicable, obtained third party consent for the use of the UGC and are entitled to submit the UGC to this Site;
indemnify Netflix against any and all claims from third parties that the UGC infringes any third party rights;
represent that the UGC is in compliance with applicable laws and regulations and in particular not be obscene, defamatory, discriminatory, threatening, pornographic, libelous, harassing, hateful, racially or ethnically offensive or capable of encouraging conduct that would be considered a criminal offense;
grant Netflix a worldwide, non-exclusive, sub-licensable, royalty-free, irrevocable license in respect of all copyright and other intellectual property rights in and to your UGC to modify, adapt, publish, copy, display, repost, communicate to the public, or otherwise deal with such UGC as Netflix sees fit;
agree to waive any and all of your portrait rights (to the extent allowed under the applicable law) and have asked any third parties of whom portraits have been used (if any) for their consent to use portraits/pictures in the UGC; and
agree to execute all such assignments or other documents and take such actions as may be reasonably required by Netflix to give effect to the licensed and assignments contained in this paragraph.

4. INTELLECTUAL PROPERTY
This Site and any related content or activities are for your personal and non-commercial use only. During your use of this Site, we grant you a limited, non-exclusive, non-transferable, license to access the Site content and activities. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You are responsible for all Internet access charges.

You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Site without express written permission from Tempest. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in this Site; use any robot, spider, scraper or other automated means to access this Site; decompile, reverse engineer or disassemble any software or other products or processes accessible through this Site; insert any code or product or manipulate the content of this Site in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with this Site, including any software viruses or any other computer code, files or programs.

This Site, together with all experiences, activations, and content, including the Production, is protected by copyright, trade secret or other intellectual property laws and treaties. If you believe your work has been reproduced or distributed in a way that constitutes a copyright infringement or are aware of any infringing material available through this Site, please notify us by completing the Copyright Infringement Claims form (www.netflix.com/copyrights).

This Site may contain links to other websites associated with third parties (including other experiences, product opportunities, etc.), some of which may be owned and operated by third parties (“Linked Website(s)”). These links are provided to you as a convenience only and visiting any Linked Website(s) is at your own risk. This Site is not responsible for the content on such Linked Website(s)and makes no representations or warranties with respect thereto. Your access and use of any such Linked Website(s) is subject to the terms of use and privacy policies of such Linked Website(s). Prior to making any transaction on such Linked Website, please thoroughly review their terms of use and privacy policies. We make no warranties or representations whatsoever about any other website which you may access through this Site or any services that they may provide. Without limiting the foregoing, these sites are in no way approved, vetted, checked or endorsed by us and you agree that we shall not be responsible or in any way liable for the content, accuracy, compliance with relevant laws or accessibility of any information, data, advice or statements or for the quality of any products or services available on such sites. If you choose to access a website beyond our control, you do so at your own risk. In addition, use of any such third party website or microsite may be subject to your acceptance of additional terms and conditions.

5. COMPETITIONS, SWEEPSTAKES AND PRIZE DRAWS
From time to time, it may be possible to enter competitions, sweepstakes or other prize giveaways through the Site. There may be additional terms and conditions applicable to those competitions or prize draws. Where additional terms apply you will be notified of that fact and given an opportunity to read those terms and conditions before you enter the competition, sweepstakes or the prize draw.

From time to time, third party sites or marketing/promotional partners may conduct competitions, sweepstakes and/or prize draws related to the Production. In such cases, Tempest is not be the official sponsor, and you should carefully read any terms and conditions or rules associated with such third party competitions, sweepstakes and/or prize draws.

6. WARRANTIES AND DISCLAIMERS
We will exercise all reasonable skill and care in providing the Site. We obtain the materials and information provided on the Site from third party partners and so we are not able to guarantee the accuracy, completeness, currency or reliability of any such materials or information.

Therefore, except as expressly provided in these Terms, the Site and all materials and information provided through it are provided on an “as is” basis without warranty of any kind, either express or implied (whether by common law, custom, statute or otherwise) and all other conditions, statements and warranties (including, but not limited to, any implied warranty of the fitness for a particular purpose of the Site or that your use of the Site will not infringe the rights of any third party) are hereby excluded to the fullest amount permissible by law. Without limiting the foregoing, we make no warranty that the Site and all materials and information provided through it will meet your requirements. Therefore, we advise you to check any materials or information provided to you through the Site as any reliance that you place on the accuracy, completeness, currency or reliability of that information is at your own risk.

UNLESS YOU ARE BASED IN THE EEA, NEITHER TEMPEST NOR THE PARTNER ENTITIES, NOR ANY OF ITS AGENCIES, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE, IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THIS SITE, EVEN IF ADVISED IN ADVANCE OF SUCH DAMAGES OR LOSSES, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7. DATA PROTECTION AND PRIVACY
Please carefully review the Privacy Statement linked here, as it governs the collection and use of data.

8. MISCELLANEOUS
These terms and conditions are applicable to you upon your accessing the Site. These terms and conditions, or any part of them, may be terminated by Tempest without notice at any time, for any reason. The provisions relating to Intellectual Property, Warranties and Disclaimers, Data Protection and Privacy, Miscellaneous and Governing Law, shall survive any termination.

Any failure or delay by us to enforce any of our rights under these Terms is not to be taken as or deemed to be a waiver of that or any other right unless we acknowledge and agree to such a waiver in writing.

These Terms are not intended to be for the benefit of, and shall not be exercisable by, any person who is not a party to these Terms under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

If any clause or part of a clause of these Terms is, or becomes, invalid, illegal or unenforceable, then that clause or part of a clause shall be deemed to be deleted from these Terms. Any such deemed deletion shall not affect the validity, legality or enforceability of the remainder of these Terms.

The warranties, exclusions and the other express provisions of these Terms and the privacy policy set out the full extent of our obligations and liabilities concerning its subject matter and supersede any previous agreements between the parties relating thereto. Subject to Clause 6.1, you shall have no remedy in respect of any untrue statement made to you upon which you relied in entering into these Terms other than any remedy you may have for breach of the express terms of these Terms.

9. GOVERNING LAW & JURISDICTION
This Agreement is governed by the laws of New York, and the parties agree to submit to the exclusive jurisdiction of New York City, NY (USA).