Terms and Conditions
Welcome to The Broadway Passport, BroadwayPassport.com and BroadwayConciergeGroup.com
The following describes the terms and conditions (the "Terms and Conditions") on which BroadwayPassport.com offers you the information (including the Intellectual Property (as defined below)), services and products on its web site and related web pages (collectively, the "Services"). All references to BroadwayPassport.com in this document encompasses all websites operated by Broadway Passport, Inc. including The Broadway Passport, at https://www.BroadwayPassport.com and any subdomains. By using the Services available through this web site, you are agreeing to the Terms and Conditions. BroadwayPassport.com reserves the right to modify, amend or restate the Terms and Conditions from time to time with or without prior notice. Your use of this web site and any Services after the posting of modifications to these Terms and Conditions will constitute your acceptance of the Terms and Conditions as modified.
Use of this Web Site
You represent that you have read and agree to be bound by the Terms and Conditions. You further agree to comply with U.S. or other applicable law regarding the transmission of any information obtained from the Services in accordance with the Terms and Conditions, not to use the Services for illegal purposes, resell tickets you have acquired through the service, and not to interfere or disrupt the networks connected to the Services.
Restrictions on Use
You may not use the Services for any illegal purposes or in any manner inconsistent with the Terms and Conditions. You agree to use the Services solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute or dispose of any information contained in the Services in any manner that would compete with the business of BroadwayPassport.com. You acknowledge that the Services have been developed, compiled, prepared, revised, selected and arranged by BroadwayPassport.com and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable proprietary rights of BroadwayPassport.com and such others. You agree to protect the proprietary rights of BroadwayPassport.com and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by BroadwayPassport.com or its suppliers of content, products, services or otherwise to protect their and others' contractual, statutory and common law rights in the Services. You agree to promptly notify BroadwayPassport.com in writing upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights. If you use a discount code to join this community that was not given to you directly by an owner, your membership will eventually be canceled.
Further Restrictions on Use
YOU MAY NOT COPY, REPRODUCE, RECOMPILE, DECOMPILE, DISASSEMBLE, REVERSE ENGINEER, DISTRIBUTE, PUBLISH, DISPLAY, PERFORM, MODIFY, UPLOAD TO, CREATE DERIVATIVE WORKS FROM, TRANSMIT OR IN ANY WAY EXPLOIT ANY PART OF THE SERVICE, EXCEPT THAT YOU MAY DOWNLOAD MATERIAL FROM THE SERVICE AND/OR MAKE ONE PRINT COPY FOR YOUR OWN PERSONAL, NONCOMMERCIAL USE, PROVIDED THAT YOU RETAIN ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES. THE ANALYSIS AND PRESENTATION INCLUDED IN THE SERVICES MAY NOT BE RECIRCULATED, REDISTRIBUTED OR PUBLISHED BY YOU WITHOUT BroadwayPassport.COM'S PRIOR WRITTEN CONSENT. MODIFICATION OF THE SERVICE'S CONTENT WOULD BE A VIOLATION OF BroadwayPassport.COM'S COPYRIGHT AND OTHER PROPRIETARY RIGHTS. ADDITIONALLY, YOU MAY NOT OFFER ANY PART OF THE SERVICES FOR SALE OR DISTRIBUTE IT OVER ANY OTHER MEDIUM INCLUDING BUT NOT LIMITED TO OVER-THE-AIR TELEVISION OR RADIO BROADCAST, A COMPUTER NETWORK OR HYPERLINK FRAMING ON THE INTERNET WITHOUT THE PRIOR WRITTEN CONSENT OF BroadwayPassport.COM. THE SERVICES AND THE INFORMATION CONTAINED THEREIN MAY NOT BE USED TO CONSTRUCT A DATABASE OF ANY KIND. NOR MAY THE SERVICE BE STORED (IN ITS ENTIRETY OR IN ANY PART) IN DATABASES FOR ACCESS BY YOU OR ANY THIRD PARTY OR TO DISTRIBUTE ANY DATABASE SERVICES CONTAINING ALL OR PART OF THE SERVICES.
YOU MAY NOT USE THE SERVICES IN ANY WAY TO IMPROVE THE QUALITY OF ANY DATA SOLD OR CONTRIBUTED BY YOU TO ANY THIRD PARTY. FURTHERMORE, YOU MAY NOT USE ANY OF BroadwayPassport.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN ANY MANNER WHICH CREATES THE IMPRESSION THAT SUCH NAMES AND MARKS BELONG TO OR ARE ASSOCIATED WITH YOU OR ARE USED WITH BroadwayPassport.COM'S CONSENT, AND YOU ACKNOWLEDGE THAT YOU HAVE NO OWNERSHIP RIGHTS IN AND TO ANY OF THESE NAMES AND MARKS. YOU WILL NOT USE THE SERVICES OR THE INFORMATION CONTAINED THEREIN IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT USE ANY OF BroadwayPassport.COM'S TRADEMARKS, TRADE NAMES OR SERVICE MARKS IN UNSOLICITED MAILINGS OR SPAM MATERIAL. YOU WILL NOT SPAM OR SEND UNSOLICITED MAILINGS TO ANY PERSON OR ENTITY USING THE SERVICES. YOU AGREE TO COMPLY WITH ANY OTHER APPLICABLE TERMS AND CONDITIONS.
This web site contains material which is derived in whole or in part from materials supplied by BroadwayPassport.com, broadwayconciergegroup.com and various other sources. This web site, including but not limited to its text, content, photographs, video, audio and graphics (the "Intellectual Property"), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
No License Granted
You acquire absolutely no rights or licenses in or to the Services and materials contained therein other than the limited right to utilize the Services in accordance with the Terms and Conditions. Should you choose to download content from the Services, you must do so in accordance with the Terms and Conditions. Such download is licensed to you by BroadwayPassport.com only for your own personal, noncommercial use in accordance with the Terms and Conditions and does not transfer any other rights to you.
All present and future rights in and to the Intellectual Property and other proprietary rights of BroadwayPassport.com of any type under the laws of any governmental authority, domestic or foreign, including rights in and to all applications and registrations relating to the Services (the "Intellectual Property Rights") shall, as between you and BroadwayPassport.com, at all times be and remain the sole and exclusive property of BroadwayPassport.com. All present and future rights in and title to the Services (including the right to exploit the Services and any portions of the Services over any present or future technology) are reserved to BroadwayPassport.com for its exclusive use. Except as specifically permitted by the Terms and Conditions, you may not copy or make any use of the Services or any portion thereof. Except as specifically permitted herein, you shall not use the trademarks, trade names, service marks, trade dress, logos or titles of BroadwayPassport.com or the Services, or the names of any individual participant in, or contributor to, the Services, or any variations or derivatives thereof, for any purpose, without BroadwayPassport.com 's prior written approval.
The material provided on this web site could include technical inaccuracies or typographical errors and the web site may be subject to periods of interruption. BroadwayPassport.com may make changes or improvements at anytime.
THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE AND TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BroadwayPassport.COM DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BroadwayPassport.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.
BroadwayPassport.COM DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU UNDERSTAND AND AGREE THAT ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH CONTENT. YOU (AND NOT BroadwayPassport.COM) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of Liability
While BroadwayPassport.com endeavors to maintain the highest professional quality of the Services it offers on its web site, it cannot be held responsible for any errors, defects, lost profits, or other consequential damages arising from the use of this web site. BroadwayPassport.com will not be liable for any damages or injury, including but not limited to, special or consequential damages that result from any failure of performance, error, omission, interruption, defect, delay in operation of transmission, or computer virus, the use of, or the inability to use, the materials in the Services even if there is negligence by BroadwayPassport.com or an authorized BroadwayPassport.com representative; user has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not permit the limitation or exclusion of liability for incidental or consequential damages. BroadwayPassport.com's total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence, or otherwise) will not exceed the amount you paid to access the Services. Further, while tickets are reserved at the time of purpose, there are times when a ticket purchase may become subject to cancelation for any reason. In those cases, you will be notified of the cancellation and a full refund will be applied to the transaction. By using this service, you agree that a full refund is the only and appropriate remedy for this inconvenience.
You agree, to the extent permitted by applicable law, to indemnify and hold BroadwayPassport.com, its officers, directors, owners, agents and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Services, the violation of these Terms and Conditions by you, or the infringement by you, or other user of the Services using your computer, of any Intellectual Property or other right of any person or entity. BroadwayPassport.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Third Party Submissions to the Web Site
User Submissions, Including Bulletin Boards and Chat Rooms
BroadwayPassport.com does not control the postings of messages, information or files to chat rooms and bulletin boards. Further, BroadwayPassport.com has no obligation to monitor chat rooms or bulletin boards or any other postings of User Submissions.
The Services may allow individual shows and productions to post show information, editorial content, graphics and other materials (each a "Show Submission"; and together with User Submissions, "Submissions"). By communicating to BroadwayPassport.com any Show Submissions, you grant to BroadwayPassport.com a non-exclusive, royalty-free license to publish the contents of a Show Submission in such manner and form as BroadwayPassport.com may deem appropriate for its web site, in its sole discretion. By accepting a Show Submission, BroadwayPassport.com is not agreeing to publish such Show Submission. BroadwayPassport.com reserves the right to exercise complete editorial control over the content of its web site and may in its sole discretion edit, delete or supplement the content of a Show Submission. You remain responsible for the original content provided in a Show Submission. You agree to make such representations to and agreements with BroadwayPassport.com in connection with the publication of a Show Submission that BroadwayPassport.com may reasonably request from time to time.
All Submissions Are Subject to These Further Conditions
Your use of the Services and submission of material for publication on the pages of the BroadwayPassport.com web site are conditioned on your adherence to the following policies:
- You may not restrict or inhibit any other user from using or enjoying any of the Services.
- You may not post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, indecent or racially, ethnically or otherwise objectionable material of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
- You may not post or transmit any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by intellectual property rights.
- You may not post or transmit any information, software or other material which contains a virus or other harmful component.
- You may not post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains commercial advertising.
BroadwayPassport.com reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in BroadwayPassport.com's sole discretion are objectionable or in violation of its Submission policies.
You acknowledge that you are solely responsible for whatever material you submit, and you, not BroadwayPassport.com have full responsibility for the Submission, including its legality, reliability, appropriateness, originality, and copyright. Your communication of a Submission is in all respects subject to the Terms and Conditions, including without limitation those set forth in "Indemnification."
- Broadway Passport memberships run continuously and renew automatically on the date of membership expiration, unless cancelled by e-mail at least 3 business days days prior to the renewal. The credit card on file will be charged for renewals. If no credit card is on file for a renewal, the account will be suspended.
- The Broadway Passport is a reservation service only.
- All Broadway Passport memberships are subject to a one time $5 activation fee unless pre-negotiated with a large group, school, or entity, in which case, the fee may be waived in accordance with the group contract.
- Each time an order is placed, a reservation fee per ticket in addition to the ticket price is charged to a credit or debit card as input by the user . This fee will be clearly indicated and must be confirmed by the user before bookings are finalized.
- Broadway Passport members who reserve tickets must personally pick up their tickets at the box office. Offerings are available to Broadway Passport members only. Broadway Passport Memberships are non-transferable.
- The box office may ask for identification to certify the ticket holder's identity and, for those situations, a government issued photo I.D. will be sufficient.
- Members must present their confirmation voucher to the box office in order to pick up reserved tickets.
- Members must claim their tickets at least 30 minutes before show time, or as otherwise indicated on the reservation voucher. Some tickets will be emailed on the day of the performance, and some tickets will be picked up at our office at 318 W 53rd St, New York, NY 10019 1 hour prior to performance. Under all circumstances, ticket distribution is at the discretion of the box office and theater.
- On very rare occasions, a theater may decide not to honor reserved Broadway Passport tickets. In this unlikely event, members are asked to cooperate fully with the theater and then inform Broadway Passport. We will always make every effort to accommodate our members.
- All seating locations are based on availability and are at the full discretion of the box office.
- Resale of tickets is strictly prohibited and will result in immediate revocation of membership.
- Members are encouraged to fill out and submit a brief survey after seeing a Broadway Passport offering. These comments may be used by the marketing staff of Broadway Passport and/or by participating productions.
- The membership fees and service fees currently charged are subject to increase at the discretion of Broadway Passport management.
- There are no membership or gift fee refunds, reservation service fee refunds or ticket returns or exchanges.
- As a courtesy to the production, the producers request Broadway Passport members remain for the entire duration of the performance.
- All gift memberships must be redeemed within 1 year of purchase date.
- Broadway Passport reserves the right to revoke a membership if, in its sole judgment, management believes a member's or member's guest's behavior at a Broadway Passport event was inappropriate in any way.
- Broadway Passport makes no representation as to the quality of any production attended by any Member and is not liable to any Member or any Member’s guest(s) for any damage suffered or incurred (or believed to be suffered or incurred) for any reason whatsoever in connection with or arising from the attendance of a show or event; any and all claims in respect of the foregoing against Broadway Passport being hereby waived to the fullest extent of the law.
The Services display links to other web sites that are not owned or maintained by BroadwayPassport.com and which may contain information some people may find inappropriate or offensive. BroadwayPassport.com has not reviewed such web sites and is not responsible for the content thereof. The inclusion of a link to such web site does not imply endorsement by BroadwayPassport.com. Viewing of any web site linked to the Services is at your own risk.
Policies Concerning Claims of Infringement
It is the policy of BroadwayPassport.com to respond expeditiously upon receiving notice of claimed intellectual property infringement. BroadwayPassport.com will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act and other applicable intellectual property laws.
All notices of copyright infringement should be sent to:
Notices of copyright infringement should contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit BroadwayPassport.com to locate the material.
- The address, telephone number, or email address of the complaining party.
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notification is accurate, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. BroadwayPassport.com reserves the right to remove and/or disable access from the Service to web pages of repeat infringers and reserves the right to terminate all account holders and subscribers who are repeat infringers of intellectual property laws.
Official correspondence must be sent by regular U.S. mail or by overnight courier to: BroadwayPassport.com, Inc., Attn: Legal and Business Affairs Department, 318 W 53rd St, New York, NY 10019.
Access and Interference
Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Intellectual Property or any other content contained herein without our prior written consent. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure.
Access Outside the United States
BroadwayPassport.com makes no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws. Some software used in connection with the Services may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, or Yugoslavia; (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals list, or (c) the U.S. Commerce Department's Table of Denial Orders. If you download or use the Software, you represent and warrant that you are not located in, or under the control of, a national or any such country on any such list.
Either BroadwayPassport.com or you may terminate any rights granted hereunder at any time with or without cause, effective immediately. BroadwayPassport.com may terminate this agreement immediately without notice to you if, in its sole judgment, you breach any term or condition of this agreement. You may terminate any obligations granted hereunder by destroying: (a) all materials obtained from all BroadwayPassport.com websites, and (b) all related documentation and all copies, printouts, and installations. Notwithstanding the foregoing, any disclaimers of warranties and limitations of liability, as well as indemnification and governing law provisions shall survive any termination of this agreement.
These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law and you hereby consent to the jurisdiction of such courts. If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. If we ask a third party to provide Services through this web site, the provisions of this agreement shall apply to your use of the Services, unless otherwise noted. We shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond our reasonable control. We may freely assign this agreement. Possible evidence of use of the Services for illegal purposes will be provided to law enforcement authorities. This is the entire agreement between the parties relating to the use of the Services. As noted above, BroadwayPassport.com may revise these Terms and Conditions at any time by updating this posting.
Copyright and Trademark Notices
All contents in this web site are Copyright © 1999-2017 BroadwayPassport.com, Inc. All rights reserved.
BroadwayPassport is a trademark of BroadwayPassport.com, Inc. All other marks, not otherwise attributed, that appear throughout this web site belong to BroadwayPassport.com, Inc. and are protected by U.S. and international copyright and trademark laws. Any use of these marks without the express permission of BroadwayPassport.com is strictly prohibited.