Effective Date: October 25, 2018
Welcome to the New Jersey Symphony Orchestra website (hereinafter “NJSO,” “we” or “us”) at https://www.njsymphony.org (including all content under the “njsymphony.org” domain name, and its ticketing sales and donation partner websites, all referred to herein as the “Site”). We provide the Site and the associated Materials (as defined below), subject to your agreement to and compliance with the terms and conditions set forth in this document (the “Agreement”). Please carefully read this Agreement that governs your access to and use of the Site and Materials, and that applies to all users of the Site. If you do not agree and consent to this Agreement, please do not use the Site and/or the Materials.
The following additional terms are incorporated into this Agreement as if fully set forth herein:
- Copyright Policy
- Complaint Policy
1. IMPORTANT NOTICES
A. All users may browse the Site for personal entertainment and information. As long as you are in compliance with all the terms and conditions of this Agreement (and all incorporated documents), we hereby grant to you during the Term (as defined below) a limited, revocable, non-assignable, non-transferrable, non-sublicensable, non-exclusive license to use the Site, and to access and receive the Materials thereon that are intended for public display or access. Any rights not explicitly granted in this Agreement are strictly withheld and reserved by us.
B. You may download one copy of the Materials (as defined below) found on the Site on a single computer for your own internal use only, unless specifically licensed to do otherwise by NJSO in writing or as allowed by any license terms that accompany or are provided with individual Materials.
C. Except as permitted herein, all reproduction, alteration, redistribution, re-publication, downloading, display, notification or transmission of any Materials on the Site is expressly forbidden in total or in part, in any format, by any means, without the express prior written permission of NJSO. NJSO will enforce its rights to the full extent of the law against any unauthorized commercial use of the Materials.
A. You agree that you will not violate any applicable law or regulation in connection with your use of the Site or Materials.
B. You further agree that you will not do any of the following:
- modify, adapt, translate, copy, reverse engineer, decompile or disassemble any portion of the Site or Materials;
- interfere with or disrupt the operation of the Site or Materials, including restricting or inhibiting any other person from using the Site or Materials by means of hacking or defacing;
- transmit to or make available in connection with the Site or Materials any denial of service attack, virus, worm, Trojan horse or other harmful code or activity;
- attempt to probe, scan or test the vulnerability of the Site or Materials or to breach our security or authentication measures;
- take any action that imposes an unreasonable or disproportionately large load on our infrastructure, as determined in our sole discretion;
- harvest or collect the email addresses or other contact information of other users of the Site or Materials;
- scrape or collect any content from the Site or Materials via automated means;
- submit or post false, incomplete or misleading information to the Site or Materials, or otherwise provide such information to us;
- register for more than one user account; or
- impersonate any other person or business.
C. You agree that you are not licensed to access any portion of the Site or Materials that we have not made public or accessible to registered users, and you may not attempt to override any security measures in place on the Site or Materials.
D. Notwithstanding the foregoing rules of conduct, our unlimited right to terminate your access to the Site or Materials shall not be limited to violations of this Restrictions section.
4. PROTECTED INFORMATION
The Materials hosted on the Site are copyrighted and protected by trademark and other intellectual property laws. Such materials may include without limitation text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like; and the trademarks, service marks and logos contained therein ("Marks") (altogether referred to herein as “Materials”). The Materials are owned by or licensed to NJSO, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Unauthorized use of the Materials may violate copyright, trademark, and other laws. No title or intellectual property rights are transferred to you or any third party through the use of or access to the Site. All rights, title, and interest in and to all aspects of the Site remain the sole property of NJSO or its authorized third-party licensors and service providers.
5. NO WARRANTIES
A. THE SITE AND THE MATERIALS ARE PROVIDED "AS IS" WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. NJSO FURTHER MAKES NO WARRANTIES WHATSOEVER PERTAINING TO PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE.
B. NJSO and its suppliers further do not warrant the accuracy, completeness or availability of the Site or Materials. NJSO may make changes to the Materials and the Site at any time without notice. NJSO makes no commitment to update the Materials or the Site. Your continued use of the Materials and the Site constitutes your acceptance of the changes. Neither NJSO nor its third-party licensors or service providers warrant that the Site or associated server computers are free of viruses or other harmful components. You solely (and not NJSO) assume the entire cost of all necessary servicing, repair, or correction to your equipment, computers, software, or data resulting in any way from viewing or downloading the Materials or otherwise using the Site.
C. NJSO maintains offices within the United States of America from which it may administer the Site. NJSO makes no representation that Materials on the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Site from other locations, do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. export laws and regulations.
6. DISCLAIMER OF LIABILITY
A. IN NO EVENT SHALL NJSO OR OUR AFFILIATES, LICENSORS OR BUSINESS PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE OR THE MATERIALS, EVEN IF NJSO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
B. Notwithstanding the foregoing, in the event that a court shall find that the above disclaimers are not enforceable, then you agree that neither we nor any of our subsidiaries, affiliated companies, employees, members, shareholders, or directors shall be liable for any damages in excess of $100.00. This limitation shall apply regardless of the basis of your claim or whether or not the limited remedies provided herein fail of their essential purpose.
C. SOME STATES MAY NOT PERMIT CERTAIN DISCLAIMERS AND LIMITATIONS, AND ANY SUCH DISCLAIMERS OR LIMITATIONS ARE VOID WHERE PROHIBITED.
7. USER SUBMISSIONS AND COMMUNICATIONS
B. By transmitting or posting any Communications on the Site, you grant to NJSO or its designees a perpetual, royalty-free, transferable, fully paid-up world-wide license to use, distribute, sublicense, lease and market (directly or indirectly through agents and distributors), display, perform, modify and have modified, reproduce, copy and have copied, publish and prepare derivative works thereof in any form and format and in any media in existence or hereinafter developed, the Communications and any and all information contained therein. NJSO and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes.
D. In connection with Communications, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant NJSO all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage NJSO or any third party; or (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate.
F. You expressly agree that NJSO is not responsible for the protection of any Communications that may be considered by you to be proprietary, sensitive or otherwise unsuitable for general disclosure. You understand that any Communications that you post on the Site are posted at your sole risk, and NJSO will have no liability whatsoever in the event that such content is disclosed to any third party regardless of whatever losses you may suffer from such disclosure.
8. USER REPRESENTATIONS
B. If as a registered user, you are granted access to any protected areas of the Site by a password protected account, you agree to be responsible for maintaining the confidentiality of the password(s) of such account(s), and to be fully responsible for all activities that relate to the use or misuse of your password(s). You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You agree to notify NJSO immediately of any breach of security or unauthorized use of your password(s). Although NJSO will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of NJSO or others due to such unauthorized use. You agree that you may never use another's account.
C. If you wish to cancel your account, or if you become aware of any loss, theft or unauthorized use of a username or password, you must notify NJSO immediately. We reserve the right to delete or change any username or password at any time and for any reason. We may suspend or terminate your account or your use of our Site at any time, for any reason or for no reason at all.
D. You agree that with respect to any special promotions, coupon offers, sweepstakes, or other like activities offered on the Site, that you will abide by the rules established by NJSO for such activities as described on the Site.
E. You will not use or launch any automated system (including without limitation, "robots," "spiders," "offline readers," etc.), that accesses the Site in a manner that sends more request messages to the NJSO servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, NJSO grants the operators of public search engines permission to use spiders to copy materials from the website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. NJSO reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Site, nor to use the communication systems provided by the Site for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Site.
A. You agree to defend, indemnify and hold harmless us and our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) (“Losses”) arising from: (i) your use of and access to the Site or Materials; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property or privacy right; (iv) Communications made distributed, displayed, transmitted or published by you, including Losses attributable to (a) infringement, misappropriation or violation of any copyrights or other proprietary rights of any third party, and (b) errors in or omissions from such Communications; and/or (v) any conduct, activity or action that is unlawful or illegal under any state, federal or common law, or is violative of the rights of any individual or entity, engaged in, caused by, or facilitated in any way through the use of the Site or Materials.
B. This defense and indemnification obligation will survive any termination or expiration of this Agreement or your use of the Site and/or Materials.
10.TERM AND TERMINATION
A. The “Term” of this Agreement will continue until the Agreement is terminated as provided herein. We reserve the right to terminate this Agreement and/or deny all or some portion of the Site or Materials to any user, in our sole discretion, at any time.
B. Without limiting the foregoing or assuming any additional legal obligations, we reserve the right to terminate violators of the Copyright Act, in accordance with applicable law. All rights that you grant to us herein related to Submissions shall survive any termination of this Agreement. Further, your representations, warranties and indemnification obligations herein shall survive any termination of this Agreement.
C. You may terminate this Agreement at any time by ceasing use of the Site or Materials, and by closing your account.
11. LINKS TO/FROM OTHER SITES
B. You may provide links to the Site from other websites provided that (a) you link only to the Site home page, (b) you do not remove or obscure, by framing or otherwise, any identifications, advertisements, copyright notice, or other notices on the Site, (c) you give NJSO notice of such link via e-mail or certified postal mail, and (d) you discontinue providing links to the Site if requested by NJSO.
12. DISPUTES, GOVERNING LAW AND JURISDICTION
A. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER. ARBITRATION IS A WAIVER OF THE RIGHT TO BRING SUIT IN COURT.
B. YOU AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
1. WE BOTH AGREE TO ARBITRATE: You and NJSO agree to resolve any claims relating to this Agreement through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate NJSO’s intellectual property rights (for example, trademark, trade secret, copyright, or patent rights). Under such circumstances NJSO may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Site, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above.
2. WHAT IS ARBITRATION: Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can. If any provision of this section is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
3. ARBITRATION PROCEDURES: The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through JAMS. Any dispute, controversy, or claim arising out of or relating to these terms shall be referred to and finally determined by arbitration in accordance with the JAMS Streamlined Arbitration Rules and Procedures. If there is a conflict between JAMS Rules and the rules set forth in this section, the rules set forth in this section will govern. The JAMS Rules and instructions for how to initiate an arbitration action are available from JAMS at http://www.jamsadr.com or 1.800.352.5267. To initiate arbitration, you or NJSO must do the following things:
- Write a demand for Arbitration. The demand must include a description of the claim and the amount of damages sought to be recovered. You can find a copy of a Demand for Arbitration at www.jamsadr.com.
- Send three copies of the Demand for Arbitration, plus the appropriate filing fee to: JAMS to your local JAMS office.
- Send one copy of the Demand for Arbitration to the other party.
C. Payment of all filing, administration and arbitrator fees will be governed by the JAMS Rules, except that for claims of less than $1,000, you will be obligated to pay $25 and NJSO will pay all other administrative costs and fees. In addition, for claims of less than $1,000, NJSO will reimburse you for the $25 fee if the arbitrator rules in your favor. Arbitration under this Agreement shall be held in New Jersey, subject to New Jersey law. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
D. AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and NJSO, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitration rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and NJSO. The award of the arbitrator is final and binding upon you and NJSO. The arbitrator’s decision may be entered as a judgment in a court of competent jurisdiction.
E. NO CLASS ACTIONS: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
F. WAIVER OF JURY TRIAL: THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and NJSO in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND NJSO WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
H. CHOICE OF LAW/FORUM SELECTION: In any circumstances where an agreement to arbitrate disputes permits the parties to litigate in court, this Agreement shall be governed by and construed in accordance with the laws of the State of New Jersey. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Essex County, New Jersey.
1. You agree that when you visit our Site or contact our customer service department, you are communicating with us electronically. We will also communicate with you via email or by posting notices on and updates to the Site. By using the Site, you hereby agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
2. Except as otherwise provided herein, all notices and other communications hereunder shall be in writing or displayed electronically on the Site by NJSO. Notices shall be deemed to have been properly given: 1) on the date deposited for postal mail; 2) on the date first made available, if displayed in the Site; or 3) on the date received, if delivered in any other manner. Notices to you may be sent to any of the addresses provided by you on any form on the Site. Except as expressly directed otherwise by NJSO herein or elsewhere in the Site, notices to NJSO should be sent to: NJSO, 60 Park Place, 9th Floor, Newark, NJ 07102, or to [email protected]
B. No Waiver. Our failure to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision, nor in any way affect the right of any party to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of this Agreement shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
C. Assignment. We may assign our rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign the Agreement without our prior written consent. Any unauthorized assignment shall be null and void.
D. No Partnership. You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Site or Materials.
E. Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof. All prior agreements, understandings, negotiations or representations, whether oral or in writing, relating to the subject matter hereof are superseded and canceled in their entirety.
F. Severability. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision of the provisions are found to be partially or wholly invalid, illegal or unenforceable, such provisions shall be modified or restricted to the extent and in the manner necessary to render them valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by us, or alternatively, by disposition of a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms without affecting the validity, legality or enforceability of any of the remaining provisions.
G. Equitable Remedies. You hereby agree that we would be irreparably damaged if the terms of this Agreement were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of irreparable harm or other damages, to appropriate equitable remedies with respect to breaches of this Agreement, in addition to such other remedies as we may otherwise have available to us under applicable laws.
If you believe in good faith that any materials posted on the Site or accessed via the Materials (the “Materials”) infringe any copyright in any work of yours, you agree to contact our “DMCA Copyright Agent” as identified below, hereby designated under the Digital Millennium Copyright Act (“DMCA”) (17 U.S.C. §512(c)(3)), with correspondence containing the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification, with information reasonably sufficient to allow its location of the material that is claimed to be infringing;
- Information reasonably sufficient to permit us to contact you;
- A statement that you have 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; and,
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You agree that if you fail to comply with all of the requirements of this policy, your DMCA notice may not be valid. For any questions regarding this procedure, or to submit a complaint, please contact our DMCA Copyright Agent at NJSO, 60 Park Place, Suite 900, Newark, NJ 07102, or to [email protected].
COMPLAINT POLICY FOR INFRINGEMENT OF OTHER RIGHTS
If you believe in good faith that any Materials (as defined above) posted on the Site or accessed via the Materials infringe any of your rights (including any trademark or privacy rights, but not including rights in copyright as addressed in the Copyright Policy, above), or are otherwise unlawful, you agree to send a notice to [email protected]ymphony.org, containing the following information:
- Your name, physical address, e-mail address and phone number;
- A description of the Materials posted on the Site that you believe violate your rights or are otherwise unlawful, and which parts of said Materials you believe should be remedied or removed;
- Identification of the location of the Material on the Site;
- If you believe that the Materials violate your rights, a statement as to the basis of the rights that you claim are violated;
- If you believe that the Materials are unlawful or violate the rights of others, a statement as to the basis of this belief;
- A statement under penalty of perjury that you have a good faith belief that use of the Materials in the manner complained of is not authorized and that the information you are providing is accurate to the best of your knowledge and in good faith; and,
- Your physical or electronic signature.
If we receive a message from you that complies with all of the above requirements, we will evaluate the submission, and if appropriate, in our sole discretion, we will take action. We may disclose your submission to any entity that posted the claimed violative Materials, or any other entity as we deem appropriate.
Copyright © NJSO. All rights reserved. The Site is protected by United States and international copyright, trademark, and other applicable laws. This includes the content, appearance, and design of the Site, as well as the trademarks, product names, graphics, logos, service names, slogans, colors, and designs.