TERMS AND CONDITIONS
1. Who We Are. The John Gore Organization, Inc. (“JGO”), and its affiliated companies, are the premier producer and distributor of live-theater in North America (“Us”, “We”, “Our”). JGO’s key assets include, Broadway Across America (broadwayacrossamerica.com) Our theatrical touring business (“BAA”), and Broadway.com, Our live-theater information and ticket website.
2. Why We Have Instituted These Terms and Conditions. JGO has created these Terms and Conditions (“Terms”) to be as transparent as possible with regard to how we operate our businesses online and what we expect from our customers when using our web sites. These Terms apply to all users of our web sites, our mobile application(s) (e.g. iPad app), Our services available via telephone and those transactions that take place in person, by postal or electronic mail (collectively, “Site”, “Sites” or “Our Sites”).
3. Where this Terms Applies.Transactions that transpire on Our Sites occur within the United States of America (“USA”). These Terms apply to laws and regulations of the USA. JGO makes no representation or warranty that Our Sites or services operate in accordance with the laws of any other nation, or that they or any part thereof, is appropriate for use in any particular nation or political subdivision (collectively referred to as “Nation”). Those who access and use Our Sites from another Nation do so at their own initiative and risk and are responsible for complying with all local laws, rules and regulations of the Nation from which Our Sites are accessed. Your use of Our Sites is Your acknowledgement that Our Sites and the products and services rendered by Us are subject to the laws and regulations of the USA, and You specifically waive any right to pursue claims that may arise under the laws of Your home Nation or the Nation from which You access this Site.
We reserve the right to change, modify, add, or remove (“Change”) provisions of these Terms and We will endeavor to notify You of any such material Change. Any such Change shall be effective immediately. Please check back from time to time to ensure continuing familiarity with the most current version of Our Terms. You can determine whether these Terms have been revised since your last visit by referring to the “Last Updated” legend at the bottom of this page.
4. Your Consent. Please read these Terms carefully. our use of this Site constitutes your acceptance of these Terms without limitation, qualification or change. Your continued use of Our Sites or Our non-electronic services (e.g. in-person box office sale) is Your consent to be bound by these Terms and Your promise to abide by the practices we describe herein and in other places on Our Sites. If you do not agree with these Terms or any other term on our Sites, or in our printed materials, do not use Our services or Sites.
5. Limited License. We grant to You a non-exclusive, limited, revocable right and license (“License”) to visit and use Our Sites, provided you agree to comply with these Terms and the other policies and conditions governing Your use of the Sites. Nothing in this License, or in the Sites, shall be construed as granting you any other rights or privileges with respect to the Sites or its content. In addition, we may terminate your right to access or otherwise use the Sites at any time, without giving you notice.
6. Restrictions on the Use of Our Content.We provide information on the Sites for your personal and noncommercial use only. You may not copy, modify, distribute, display, perform, create derivative works from or transfer any of the content on Our Sites (except for your own personal, non-commercial use). Our Sites are to be used solely for lawful purposes. It is incumbent upon You to assure that Your use of Our Sites complies with all applicable local, state and federal laws of the US. You may not disrupt, modify or interfere with the Sites or their associated software, hardware or servers. In addition, you may not interfere with the use of the Site by others. You may not download any of the content found on this Site and use it for any public display, performance, sale or rental; or transfer, remove, modify or alter any trademark, copyright or other proprietary content from this Site, or copy any content for a purpose prohibited by these Terms. You agree that you will not use any automatic device, software or routine including, without limitation, any robots, spiders, web bots, web wanders, crawlers, worms or web ants or any manual process which may overload our network or servers or in any way interfere or attempt to interfere with the operation of this web site. In addition, You agree not to employ any of the foregoing in an effort to circumvent any security measures we have in place to protect our Site or to enforce our policies, including without limitation, the “CAPTCHA” system used on this Site and limits on ticket purchases. You agree not to attempt to conceal Your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to purchase tickets on the Site. 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 Site, bar any future use of the Site by You (and by any IP addresses we believe to be associated with Your use of the Site), cancel Your purchase order or take appropriate legal action against You including, without limitation, seeking civil, criminal and injunctive redress.
8. Linking. At times, we or third parties may provide You with hypertext links to other web sites or applications. Unless otherwise stated, We do not operate these other web sites or applications and are not responsible for, and do not endorse the contents, information, products or services provided by such web sites or applications. You acknowledge and agree that JGO shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or in connection with Your use of or reliance on such other web site(s) or application(s), or the contents, information, products or services provided on any such web site(s) or application(s). You may not link Your website or application to any of Our web pages without Our prior express written permission. In addition, You may not frame on another website any information located on Our Sites without Our prior express written consent. You may request such consents by sending an e-mail request to email@example.com. You agree that if We grant permission to You to link to Our Sites, You may not link any web page that (i) violates any applicable law or regulation, (ii) infringes the patent, copyright, trademark, trade secret or other intellectual property rights of others or violates any privacy, publicity or personal rights of others; or (iii) contains defamatory, obscene, threatening, abusive or hateful information or expressions.
9. Intellectual Property. Broadway.com®, and Broadway Across America® are trademarks of The John Gore Organization, Inc. or its subsidiaries. Other trademarks appearing on the Sites are the property of their respective owners. You may not publicly use any trademarks owned by us without our express written permission. The content on Our Sites, such as text, graphic images and other materials (the “Works”) is protected under U.S. and foreign copyright law. The Works may include text, software, graphics, photographs, videos, music and sound. In addition, the aggregated Works on these Sites are copyrighted as a collective work and/or compilation. You may not reproduce, copy, edit, publish or transmit the Works in any way without our express written permission. Unless specifically stated herein or elsewhere on Our Sites, Your use of our Sites does not give rise to any express or implied right to any of our trademarks, copyrights or other intellectual property or proprietary rights. You may request such permission to use of our trademarks, copyrights or other intellectual property or proprietary rights by sending an e-mail request to firstname.lastname@example.org. In the event that we grant You such permission, You will not gain any legal rights to Our intellectual property or proprietary information.
11. Limitation of Liability. JGO will not under any circumstances be liable to You for any consequential, incidental or special damages (including but not limited to lost profits) arising out of Your use of Our Sites, even if apprised of the likelihood of such damages occurring, and regardless of the legal theory upon which any alleged damages are premised. Notwithstanding the foregoing, JGO’s liability is limited to the actual cost of any product or service purchased by You though Our Sites.
12. Indemnity. We may make claims against You for Your use of Our Sites that violates applicable laws, rules or regulations and/or Our policies posted on Our Sites. You agree to hold us harmless and indemnify us against any claims, losses, liabilities or expenses, including reasonable attorneys’ fees, arising out of or in connection with Your use of Our Sites, Your use of Our Sites which violates any law, rule or regulation, Your use of Our Sites which violates any third party right.
13. Alternative Dispute Resolution.
A. Procedure. The Parties agree that any and all disputes, claims or controversies arising out of or related to these Terms or Your use of Our Sites shall be submitted to mediation and if the matter is not resolved through mediation, it shall be submitted for arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, New York County, and shall be administered by, and pursuant to the rules of, the American Arbitration Association (“AAA”). Your use of Our Sites is Your consent to the sole and exclusive personal jurisdiction of the AAA sitting in New York County, New York.
B. Restrictions on Arbitration. Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. The arbitrator’s authority to resolve disputes and to make awards is limited to disputes between the Parties alone, and is subject to the limitations of liability set forth above. Furthermore, disputes brought by either party against the other may not be joined or consolidated in arbitration with disputes brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision shall be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to this the arbitration. You specifically waive any right to be a member of a class action lawsuit for any claim You allege arising from the use of Our Sites.
14. Contacting Us Regarding Our Sites. If You have any questions concerning these Terms, You may send them by email to email@example.com. Please note that email communications will not necessarily be secure; accordingly You should not include credit card information or other sensitive information in Your email correspondence with us. You must send any official correspondence via US postal mail to:
The John Gore Organization, Inc.
1619 Broadway, 9th Floor
New York, New York 10019
Attention: General Counsel
15. Your California Privacy Rights.If You are a California resident, You have the right to request information about how we share certain categories of personal information with third parties. California law gives You the right to send us a request at a designated address to receive the following information:
A. the categories of information we disclosed to third parties for their direct marketing purposes during the preceding calendar year;
B. the names and addresses of the third parties that received that information; and
C. if the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.
16. Severability. If any part of these Terms 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 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.
17. Waiver; Remedies: The failure of JGO to partially or fully exercise any rights or the waiver of JGO of any breach of these Terms by you shall not prevent a subsequent exercise of such right by JGO or be deemed a waiver by JGO of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of JGO under these Terms and any other applicable agreement between you and JGO shall be cumulative, and the exercise of any such right or remedy shall not limit JGO’s right to exercise any other right or remedy.
PURCHASE TERMS AND CONDITIONS
1. User Acceptance and Consent to Broadway.com Purchase Terms and Conditions.
These Purchase Terms and Conditions were last updated on February 08, 2017. Broadway.com reserves the right to change these Purchase Terms and Conditions from time to time and at its sole discretion, so please check back periodically for changes.
2. Purchase Terms and Conditions; Fees and Payments.
(a) Live Theater Tickets.
Pricing. Broadway.com’s pricing for tickets and services are outlined in detail on every transaction. The final total purchase price includes the established Box Office Price (face value) of the tickets (inclusive of all taxes and, depending on the venue, a theater restoration fee or facility fee), and a [service charge]. Please note that ticket prices listed on Broadway.com reflect current established Box Office prices. In addition, for an additional fee, clients may choose to add Cancellation Protection (see below) and/or Federal Express or another delivery service.
[Service Charges]. A [service fee] is added to all tickets purchased on the Broadway Site or over the phone with a Broadway.com phone agent. The [service charge] is calculated based on the established Box Office Price per ticket.
Restoration Fees. Some theater venues charge an additional per ticket restoration or facility fee, which is included in the face value cost. This fee must be passed on to the consumer and is included in the venue’s established ticket price.
i. Request Process. Broadway.com may, from time to time, take ticket orders on a request basis. Such orders are requests for tickets and are not guaranteed. The order is only confirmed when actual seat locations are quoted via a confirmation email or live on the phone by a Broadway.com phone agent. We will provide a full refund of the purchase price of such tickets if, within 48 hours of our sending you an email confirmation containing your specific seat locations, you contact us and inform us that you are not satisfied with the seat locations that you were provided from the theater box office. Note that this DOES NOT APPLY TO PREMIUM SEAT ORDERS, GIFT CARD REDEMPTIONS, TICKETS OBTAINED FROM OUR PRIVATE TICKET INVENTORY OR TO ORDERS PLACED WITHIN 48 HRS OF THE PERFORMANCE DATE & TIME. Broadway.com is not liable for accommodations made for travel or lodging or for other consequential damages.
ii. Live Seating. Broadway.com holds a private ticket inventory for certain events and will offer exact seat locations online or over the phone for these events. If you are quoted specific seat locations on the website or over the phone during the ordering process and you complete the sale by providing payment, you will receive a confirmation email confirming the details of your order and guaranteeing your ticket reservation.
Refunds Not Subject to Cancellation Protection:
Events are occasionally cancelled due to reasons beyond our control, such as acts of nature. Also, it is possible that an event will end its run prior to the date for which tickets have been sold. In these cases, a refund will be issued to the purchaser’s method of payment PROVIDED THAT WE HAVE THE TICKETS IN HAND.
Refunds for Other Reasons:
Subject to the refund conditions below, Broadway.com will provide a full refund of the amount paid by the purchaser (including, except as set forth below, all fees, regardless of how characterized) if any of the following occurs: (a) the event to which such ticket pertains is cancelled (provided that delivery fees will not be refunded in the event of a cancelled performance); (b) the ticket received by the purchaser does not grant the purchaser admission to the event described on the ticket (unless the ticket is cancelled due to an act or omission by such purchaser); or (c) the ticket fails to conform to its description as advertised (unless the purchaser has pre-approved a substitution of tickets).
The refund will be in the amount of the ticket price plus any applicable [service fee] charged. Delivery fees for the original order will not be refunded in the event of a cancelled performance. If the tickets were to be left at the venue box office for you to pick them up, we will process the refund without action from you. IF TICKETS HAVE BEEN SHIPPED TOYOU, IT IS YOUR RESPONSIBILITY TO RETURN THEM TO BROADWAY.COM BEFORE ANY REFUND CAN BE ISSUED. Broadway.com is not responsible for the shipping cost you may incur to return tickets to us for a cancelled event. Other than for tickets left at the venue box office for your pick-up, Broadway.com will issue a notice to ticket holders of the cancelled event that will include the time frame within which the tickets must be received in order for you to receive a refund (typically within two weeks of the date of notice).
If you used a gift card to purchase the ticket, Broadway.com will reissue a new Broadway.com gift card for the original amount.
Refunds Subject To Cancellation Protection:
Cancellation Protection; Refunds and Exchanges. We offer cancellation protection at an additional cost above the cost of your ticket. Cancellation protection is available for $20 per ticket, and can be bought only at the time of your ticket purchase. With this protection, theater tickets may be cancelled up until 4:00PM EST two (2) business days (this excludes all Federal Holidays, Saturdays and Sundays) prior to the actual performance date. You must notify Broadway.com of your intent to cancel by phone at (800) BROADWAY or via email at firstname.lastname@example.org no later than two (2) business days prior to the performance. If you have the tickets in your possession, they must be returned to Broadway.com via overnight courier, certified mail or in person to the following address: Broadway.com, Attention: Customer Service, 729 Seventh Avenue, 6th Floor, New York, NY 10019. Broadway.com must receive the tickets at least two (2) business days prior to the performance date printed on the tickets. You must include the order reference number, your daytime phone number and complete mailing address, along with the tickets. If you purchased cancellation protection and comply with the above conditions, you will be issued a refund for the amount of the face value of the tickets, but not for the cost of the cancellation protection, [service fees], and any applicable processing/delivery fees. On orders without cancellation protection, there are no refunds or exchanges except as otherwise specified above in the section entitled “Refunds Not Subject to Cancellation Protection”. CANCELLATION PROTECTION CANNOT BE PURCHASED FOR PREMIUM SEAT ORDERS, PURCHASE OF GIFT CARDS OR ORDERS PLACED WITHIN 48 HRS OF THE PERFORMANCE DATE & TIME. Cancellation protection will not be offered for these particular types of orders.
Delivery of Tickets.
PLEASE NOTE THAT SOME SHOWS HOLD TICKETS UNTIL A SPECIFIED DATE CLOSE TO THE ACTUAL PERFORMANCE DATE OR THE DATE WHEN ALL TICKETS GO ON SALE AT THE VENUE’S BOX OFFICE. THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS FROM THE BOX OFFICE BEFORE PACKAGES WILL LEAVE OUR OFFICE. If tickets are unable to be shipped due to time constraints, Broadway.com is entitled to instead require you to pick up the tickets at the venue’s box office, in which case you will be contacted and any shipping fees you were charged will be refunded back to your original method of payment.
Standard Mail Delivery. Please allow seven (7) to ten (10) business days for your tickets to arrive after they have been shipped from our office. Your tickets will arrive in a plain white envelope with our return address, and no company logo.
FedEx and other Overnight Courier. All orders with FedEx delivery (or other overnight courier) will not be processed until after your tickets have been confirmed and paid for in full. PLEASE NOTE THERE IS A THREE (3) BUSINESS DAY PROCESSING PERIOD BEGINNING WHEN WE RECEIVE THE EVENT TICKETS BEFORE PACKAGES WILL LEAVE OUR OFFICE. We cannot deliver FedEx packages to a PO Box. All packages must be signed for upon delivery.
E-Tickets. Certain events may have an e-ticket option. If you choose this option, to be admitted to the performance you will be required to print your ticket and bring to the performance for entry. Please note that certain venues limit ticket delivery options to e-tickets or will call.
Will Call. You may choose to pick up your tickets at the Box Office of the venue. We recommend that you arrive at least thirty (30) minutes in advance of the event performance time to ensure you have adequate time. Please also bring a picture identification in order to pick up your tickets. Please note that certain venues limit ticket delivery options to e-tickets or will call.
Office Pick Up. You may choose to pick up your tickets at our Customer Service office. Our Customer Service office is located at 729 Seventh Avenue, 6th Floor, New York, NY 10019. Tickets must be picked up by 4:00pm EST on the day prior to the event for Monday through Friday performances. Tickets for all Saturday and Sunday performances must be picked up by 4:00pm EST on the Thursday prior to that weekend’s performances. If they are not collected by 4:00pm EST, the tickets will be sent to their respective venue’s Box Office for pick up (see “Will Call” paragraph above).
(b) Gift Cards.
For the complete set of terms and conditions governing the purchase and redemption of Broadway.com gift cards, visit http://www.broadway.com/gc-terms/.
3. REGISTRATION; MEMBER ACCOUNT CREATION AND SECURITY; NEWSLETTER SUBSCRIPTION.
(a) Registration; Member Account Creation and Security.
If at any time Broadway.com shall require you to register and create an account in consideration of your use of the Broadway Site and/or the Broadway Service, or if during a ticket purchase transaction or any other time we collect personal information from you, you will agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Broadway Service’s registration form (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Broadway.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Broadway.com has the right to suspend or terminate your account and refuse any and all current or future use of the Broadway Site and/or the Broadway Service (or any portion thereof).
As part of the registration and account creation process necessary to obtain access to portions of the Broadway Site and/or the Broadway Service, you will select a subscriber identification ID and a password. You will provide Broadway.com with certain registration information, all of which must be accurate and updated. You shall not: (i) select a subscriber ID already used by another person; (ii) use a subscriber ID in which another person has rights without such person’s authorization; or (iii) use a subscriber ID or password that Broadway.com, in its sole discretion, deems offensive or inappropriate.
You shall be solely responsible for maintaining the confidentiality of your password and account, and are fully responsible for all activities that occur under your password and account. You agree to and shall (i) immediately notify Broadway.com of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information, and (ii) ensure that you exit from your account at the end of each session. You are solely responsible for all usage or activity on your Broadway.com account, including but not limited to use of the account by any third party authorized by you to use your subscriber ID and password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, in Broadway.com’s sole discretion, and Broadway.com may refer you to appropriate law enforcement agencies. You may terminate your account at any time by sending an e-mail to info@Broadway.com. You are responsible for all charges, if any, incurred up to the time the account is terminated. Broadway.com cannot and will not be liable for any loss or damage arising from your failure to comply with this paragraph.
(b) Newsletter Subscription.
Users who register with or make purchases from the Broadway Site and/or the Broadway Service will be subscribed to our periodic Broadway.com newsletter. In all newsletters you will be given the option to be removed from our subscription list by clicking an “unsubscribe” button. In addition, you may remove yourself from our subscription list at any time by visiting our newsletter “unsubscribe” page at http://www.broadway.com/newsletters/unsubscribe. Once you elect to be removed from our subscription list, you will not be sent future newsletters unless you request to be added to our subscription list or make purchases from the Broadway Site and/or the Broadway Service at a later date.
4. INDEMNIFICATION BY USERS.
5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.
A PORTION OF BROADWAY.COM’S CONTENT IS SUPPLIED BY THIRD PARTIES. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS, OR OTHER INFORMATION OR CONTENT EXPRESSED OR MADE AVAILABLE BY THIRD PARTIES, INCLUDING INFORMATION PROVIDERS, ARE THOSE OF THE RESPECTIVE AUTHOR(S) OR DISTRIBUTOR(S) AND NOT OF BROADWAY.COM. BROADWAY.COM NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT MADE ON BROADWAY.COM BY ANYONE OTHER THAN AN AUTHORIZED EMPLOYEE SPOKESPERSON OF BROADWAY.COM WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY.
6. ADDITIONAL TERMS AND CONDITIONS.
These Purchase Terms and Conditions provide that all disputes, claims or controversies arising from or related to your ticket(s), or between you and Broadway.com, the Presenter, the Producer or the Theater regarding such matters, shall be governed by the laws of the State of New York (without regard to its conflicts of law rules and principles), and shall be submitted by us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless the parties agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights arising by reason of your Ticket purchase (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from or related to your ticket(s).
The failure of Broadway.com to exercise or enforce any right or provision of the Purchase Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of the Purchase Terms and Conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Purchase Terms and Conditions remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Purchase Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Purchase Terms and Conditions are for convenience only and have no legal or contractual effect or significance. You accept that Broadway.com has the right to change the content, service or technical specification of any aspect of the Broadway Site or the Broadway Service at any time in Broadway.com’s sole discretion. You further accept that such changes may result in your being unable to access the Broadway Site and/or the Broadway Service.
7. ENTIRE AGREEMENT.
Last Updated: August 31, 2016
© 2017 The John Gore Organization, Inc. All Rights Reserved.