Terms and Conditions of Use
By accessing and using this website (“Site”), you agree to abide by these Terms and Conditions of Use (“Terms”). If you do not agree to all of these terms and conditions, please do not access or otherwise use the Site or any information contained on the Site.
These Terms may be revised periodically, and we advise you to check here from time-to-time for any changes. We reserve the right to modify these Terms from time to time in our sole discretion by posting an announcement of such changes on the Site. By continuing to use the Site after such changes are posted, you acknowledge and agree to be bound by the Terms as modified.
Throughout the Terms, the words (a) “Lincoln Center,” “LCPA,” “we,” “us,” or “our” refers to Lincoln Center for the Performing Arts, Inc., including its subsidiaries and affiliates, and (b) “you”, “your” or “user” refers to the individual using and accessing the Site pursuant to the Terms, and to the extent applicable, the words “you,” “your” or “user” also refer to the legal entity on whose behalf the Site are being used and accessed. If you are using and accessing the Site on behalf of a company or other legal entity, you represent and warrant that you have the authority to agree to these Terms on behalf of such legal entity.
1. Privacy and Security
2. Intellectual Property
Ownership. All copyright, trademark, ownership, license, intellectual property, and other rights and interests in the Site (including any audio, images, photographs, text, and objects incorporated into the Site) shall remain solely with LCPA, including its licensors. As between LCPA and you, LCPA or its licensors own and reserve all right, title and interest in and to the Site.
Except as otherwise expressly provided under these Terms, we are not giving you any licenses to any such intellectual property by providing access to the Site to you. The display of any trade names, trademarks, service marks, logos, or domain names on the Site does not imply that a license of any kind has been granted with respect to such trade names, trademarks, service marks, logos, or domain names. All rights not explicitly granted to you are reserved by us.
Restrictions. You may not copy, reproduce, recompile, decompile, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit or in any way exploit all or any part of the Site or services, except as expressly provided in these Terms. Any unauthorized downloading, re-transmission, or other copying, modification, or use of any other trade names, trademarks, service marks, logos, or domain names may be a violation of trademark and copyright laws.
If you post content or submit material to the Site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media now known or hereinafter devised. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content does not violate these Terms and will not cause injury to any person or entity; and that you will defend, indemnify and hold LCPA and its respective employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any content posted by you or any third party.
3. License to Use Website
Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, revocable license to access and use the Site and download and print the Site only for your personal, non-commercial use, provided that you retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise copy, reproduce, modify, adapt, display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the Site or its content. LCPA and its licensors reserve all rights not expressly granted in and to the Site and all intellectual property rights therein (including the trademarks and service marks on the Site). Additionally, we may suspend or terminate your access to the Site, including any portion thereof, such as discontinuing the availability of the Site, at any time and without notice to you.
YOUR ACCESS TO AND USE OF THE SITE IS PROVIDED “AS IS,” “WITH ALL FAULTS” AND “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LCPA: (a) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS, IMPLIED (EITHER IN FACT OR BY OPERATION OF LAW), OR STATUTORY, AS TO ANY MATTER WHATSOEVER; (b) EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, AND TITLE; AND (c) DOES NOT WARRANT THAT THE SERVICES OR SITE ARE OR WILL BE ERROR-FREE, WILL MEET YOUR REQUIREMENTS, BE TIMELY OR SECURE, OR THAT DATA WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM THE USE OF THE SERVICES OR SITE.
Where applicable law does not allow the exclusion of implied warranties, some of the foregoing exclusions may not apply to you. This Disclaimer applies to all content (including but not limited to user e-mails, discussion groups, chat rooms, blogs, etc.) merchandise, and services available through the Site.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LCPA AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, LICENSEES, AUTHORIZED DESIGNEES, SUCCESSORS AND ASSIGNEES, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, LOSS OF DATA, OR BUSINESS INTERRUPTION) ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND/OR ANY PART THEREOF, EVEN IF LCPA IS APPRISED OF THE LIKELIHOOD OF SUCH DAMAGES OCCURRING.
THE ABOVE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THE REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction.
You agree to defend, indemnify, and hold LCPA, our affiliates, and our constituent organizations and each of our respective employees, agents, officers, directors, agents, contractors, suppliers, and other representatives harmless from and against all liabilities, damages, claims, actions, costs, and expenses (including reasonable attorneys' fees) in connection with or arising from your use of the Site. LCPA may participate in the defense of any claim or action at your expense and any negotiations for settlement. LCPA reserves the right, on notice to you, to assume exclusive defense and control of any claim or action subject to indemnification by you, without relieving you of your indemnification obligations hereunder.
7. Electronic Communications and Notices
From time to time we may need to get in touch with you regarding the Terms, the Site, and/or other related matters. We may provide information to you by email using the email address you provided to us when you opened your profile or registered with us. You consent to receive communications from us electronically. If you do not agree to receive notices regarding the Site by email, you must not use the Site. Notices emailed to you will be deemed received by you when the email is sent by us. We do not accept any liability or responsibility for emails or other electronic communications that are filtered, intercepted, lost, or not received.
You agree that all disclosures, notices, agreements, and other communications you receive from us electronically satisfy any legal requirement for such communications to be in writing. You may be required to have certain hardware and software to access and retain such communications, which is your sole responsibility.
8. Links to This Website on Third-Party Websites
Websites operated by persons or entities other than LCPA may contain hyperlinks to the Site. You agree not to hold us responsible for the content or operation of such third-party websites. A hyperlink to this Site on another website does not imply or mean that we endorse either the content of the website containing the hyperlink to the Site or the operator or operations of that site. You are solely responsible for determining the extent to which you may use any content at any other websites which might link to the Site.
9. Your Conduct and Responsibilities
It is your responsibility to safeguard your devices used to access or use the Site. The Site may use data received or obtained from your device or a mobile application. You are solely responsible for any additional device usage fees, including without limitation, fees for accessing the Internet and transmitting data over a wireless carrier network.
You are responsible for maintaining the confidentiality and security of your username and password for your account and you will remain responsible for all activity from your account. If your username or password is lost or stolen, or if you believe that your account has been accessed by unauthorized parties, you must notify us in writing and promptly change your password.
You agree that you will not, and will not encourage or assist any third party to, do any of the following:
1. engage in activity that harms or disrupts the operation or performance of the Site or cause harm to others;
2. misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Site;
3. use the Site in any manner not permitted by us;
4. use the Site for any illegal purpose;
5. use the Site to publish, post, share, copy, store, backup or distribute material that
a. infringes any intellectual property right, right of publicity or any other right of any other person or entity or violates any law or contractual duty;
b. you know or reasonably believe is false, misleading, untruthful or inaccurate;
c. constitutes unauthorized or unsolicited advertising, junk or bulk email; or
d. contains viruses, Trojan horses, worms, corrupted files or any other similar software that may
e. damage the operation of the Site or another person's device or property;
6. engage in online activities that would encourage other parties to cause damage to the Site;
7. violate, circumvent or attempt to violate or circumvent any security measures employed by us;
access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures; attempt to interfere with the Site by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing; 8. directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Site;
9. alter or modify any disabling mechanism which may be included in the Site,
10. collect or attempt to collect personal information, or any other kind of information about other users, including through spidering or scraping;
11. lease, rent, sell, transfer, distribute, re-license or sublicense the Site or use it in an unauthorized arrangement; or
12. remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Site.
10. International Visitors
LCPA makes no representation that materials on the Site are appropriate or available for use in locations outside the United States. If you access the Site from outside the United States you are responsible for compliance with local laws.
11. Governing Law and Forum
These Terms shall be construed and enforced in accordance with the laws of New York, United States of America, without regard to any choice of law or conflict of laws principles, regardless of where you live. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms or your use of the Site shall be in the state or federal courts located in New York, New York, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.
12. Procedure for Making Claims of Copyright Infringement
If you believe that material or content residing on or accessible through the Site infringes your copyright, you may request that such material or content be removed by submitting a written notification in accordance with the Digital Millennium Copyright Act (“DMCA”). Please provide LCPA's copyright agent the following information in writing:
A1. n electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed upon;
3. A description of where the material that you claim is infringing is located on the Site;
4. Your address, telephone number, and e-mail address;
5. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Please submit your notice to our designated agent (the proper party for notice) via email: [email protected]
Or via mail:
Lincoln Center for the Performing Arts, Inc.
70 Lincoln Center Plaza
New York, NY 10023
We will respond expeditiously to remove or disable access to material we determine may be infringing and will follow the procedures specified in the DMCA to resolve the claim between the notifying party and the party who has allegedly infringed.
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of repeat copyright infringers in appropriate circumstances.
13. Compliance with Laws
You agree to comply with all applicable local, state, national and foreign laws, rules and regulations in connection with your access to or use of the Site. Without limiting the foregoing, you agree to comply with all legal duties applicable to you by virtue of submitting content to the Site.
A. Severability. If any provision of the Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
B. Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
C. Force Majeure. We will not be liable to you for any delay, interruption or other failure to perform under these Terms due to acts beyond our reasonable control, including, without limitation, natural disasters, wars, riots, terrorist activities, pandemics, Internet service providers, and other third parties, explosions and fires, strikes and labor disputes, governmental decrees and other acts beyond our reasonable control.
D. Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.
E. Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.
F. Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.
G. Survival. All terms and conditions of these Terms remain in full force and effect notwithstanding any termination of your use of the Site.
Last updated March 29, 2022.