Last updated and effective as of June 4, 2018

Introduction and Your Acceptance of These Terms

Nederlander (“Us”, “We”, “Our”) knows that your personal information is very important to you, and We respect your privacy. This Privacy Policy explains how your personal information is collected, used, and protected and the choices available to you with respect to Our handling of your data. This Policy applies to all visitors to Nederlander.com, Our mobile services, services available via telephone, and those transactions that take place in person, by postal or electronic mail. (Collectively, the “Site”), including ticket sales, comments on articles, and any information provided to Us..

By visiting this website, you consent and agree to the terms of this Privacy Policy and to the collection, use and storage of your information by Us. From time to time, We may change this Privacy Policy. When We do, the “Last Updated” line above will be revised. You are responsible for regularly reviewing this Privacy Policy. Your continued use of this Site following the posting of a changed Privacy Policy indicates your acceptance of the changes. Unless We provide you with specific notice, no changes to Our Privacy Policy will apply retroactively. Please also refer to our Terms of Use ..

If you require any more information or have any questions about Our privacy policy, please feel free to contact Us by email at privacy@nederlander.com.

Information We Collect

Information we collect directly from you: Your provision of your personal information to Us is completely voluntary; it is not a statutory or contractual requirement. Personally Identifiable Information (“PII”) is information that is uniquely identifiable to you, such as your name, address, email address, phone number, credit card number and other personal information that is not otherwise publicly available. Certain features of Our website may require that you provide Us with your personal information, including:

- - Contests/Sweepstakes
  - Surveys
  - Newsletter Sign-Up
  - Mobile Alert Sign-Up (SMS)
  - Contact Us (email)
  - Public forums (e.g. message boards)
  - E-commerce (ticket purchases)

To use these features, We may require you to provide your email address, mobile number, name and/or address and certain demographic information. When you give Us PII to use the features above, you expressly consent to Our collection, storage, use and disclosure of this information as described in this Privacy Policy.

We may use your personal information to communicate with you about:

- - Your use of any of the features above;
  - New content on Our website;
  - New contests;
  - Prize information;
  - News that We think may interest you about Us;
  - Responses to your questions/comments to us; and
  - Information relating to a ticket purchase.

We may use your demographic information for in house statistics, advertising and marketing target information. Our processing of your personal information is necessary for the performance and fulfillment of the contract between us and to provide you with Our services. We will also process, transfer, disclose and preserve personal information when We have a good faith belief that doing so is necessary, to resolve disputes, enforce our agreements and otherwise required by law.

You can always opt-out of receiving future promotional communications from Us; see the Choice/Opt-out section below.

Information We Collect Automatically: Even if you don’t use any of the features above, when you visit Our website, We may collect certain information about you.

From your Browser. For example, Our servers keep an activity log that tracks all visitors to the website. The information in the activity log does not identify you individually. The information collected may include among other data: your IP address, your registered domain or home server, time of access, date of access, web page(s) visited, number of clicks, software crash reports, type of browser used, session identification number, search terms, search results, access times and referring website’s address. We use your IP address to help diagnose problems with Our server and to administer Our website. Your IP address is also used to gather broad demographic information, such as country of origin and geographic location. We use such data in the aggregate to run internal analyses to improve upon your experience on Our website.
Cookies. “Cookies” are small text files that are stored on your computer and record your preferences when you visit certain online pages. Our website uses cookies to track your use of the site and its features and links. If you provide Us with personal information, cookies may be linked to that information. We may use cookies to control the display of ads, to track usage patterns on the sites, to deliver editorial content, to record requests for subscriptions and to personalize information. Our cookies may contain PII and such cookies may be shared with others to the same extent indicated in below in the section regarding “Information Collected By/Shared With Third Parties”. We (or third party service providers on Our behalf) may also use cookies to collect aggregate information about web site users on an anonymous basis (“Anonymous Information”). We may share aggregate demographic and usage information with Our prospective and actual business partners, advertisers and other third parties for any business purpose.

You may occasionally get cookies from third parties with links on Our website. We do not control these cookies, and these cookies are not subject to Our Privacy Policy.

You have the ability to accept or decline cookies. Most web browsers automatically accept cookies, but, if you prefer, you can usually modify your browser setting to decline cookies. Please note, if you chose to remove or reject cookies, this could affect the availability and functionality of Our Site. If you need help with this, contact Us at privacy@nederlander.com. For more information on cookies and how to disable them, you can consult the information provided by the Interactive Advertising Bureau at www.allaboutcookies.org.

Tracking Tags (also known as “web beacons,” “action tags” or “single-pixel gifs”). Our website may also use tracking tags. Tracking tags are invisible graphics embedded in the pages of Our website that are programmed to collect non-personal information about your use of Our website. Like cookies, tracking tags provide overall usage patterns for Our website that We use for analysis and to provide personalized services and advertising content.

We comply with the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance (DAA). You can opt-out of targeted advertising from certain providers at www.aboutads.info/consumers.

How We Use Your Personal Information

The personal information We collect allows Us to keep you posted on updates to Nederlander. It also helps Us to improve Our services, content, and advertising. If you don’t want to be on Our email list, you can opt out anytime by clicking the “unsubscribe” button or sending an unsubscribe email to privacy@nederlander.com.

From time to time, We may use your personal information to send transactional emails, such as communications about purchases and changes to Our terms, conditions, and policies. Because this information is important to your interaction with Nederlander, you may not opt out of receiving these communications.

We may also use personal information for internal purposes such as auditing, data analysis, and research to improve Nederlander’s services, and customer communications.

If you enter into a sweepstakes, contest, or similar promotion We may use the information you provide to administer those programs.

Information Collected By/Shared With Third Parties

Other than as provided in this Privacy Policy, we do not share your personal information with third parties.

Advertising. We partner with advertising companies who may use information from cookies and the tracking tags they place on our website to provide you with targeted advertisements about goods and services that may be of interest to you based on your use of our website and to track the effectiveness of ads served to you. These advertising company partners may anonymously track your Internet usage across other websites in their networks beyond our website. Any information that these advertising companies collect via cookies and tracking tags is generally not personally identifiable (unless, for example, you provide personal information to them through an ad or email message). You are welcome to browse the site in private/incognito mode, which means cookies will not be activated and previous cookies will not be tracked. If you need help with this, contact us at privacy@nederlander.com. If you would like more information about the use of cookies and tracking tags and to know your choices about not having this information used by these companies, see the Network Advertising Initiatives consumer Web site at http://www.networkadvertising.org/consumer/.
Third Parties Doing Work for Us. Third parties have no rights to use any data We have collected on your behalf. However, We may employ other companies or individuals to perform functions on Our behalf, such as sending postal mail, email, and text messages, conducting sweepstakes/contests, prize fulfillment and promotional activities, analyzing data, providing marketing assistance, processing credit card payments and providing customer service. These outside suppliers, agents and vendors have access to your personal information only as needed to perform their functions.
Third Parties with Links from Our Website. From our website, you may be able to click on links to third party sites to buy tickets and merchandise and for other purposes. These third party sites may collect information, including personal information. We are not responsible for, nor do we have access to the information they collect. The collection of this information is governed by the privacy policies on the applicable third party sites.
Social Networking Services. Our website may integrate with social networking services. We do not control such services and are not liable for the manner in which they operate. While we may provide you with the ability to use such services in connection with our website, we are doing so merely as an accommodation and, like you, are relying upon those third party services to operate properly and fairly.
When necessary. We may also release personal information when we believe, in good faith, that such release is reasonably necessary to protect the rights, property or safety of Ourselves, Our clients, Our users, or others. We may disclose personal information about you to law enforcement, other government officials, or other third parties, as We, in our sole discretion, believe necessary or appropriate, in connection with an investigation of fraud, intellectual property infringement, or other activity that is illegal or may expose Us to legal liability.

Public Forums

Please be aware that when you disclose PII through the comment feature or message board on the Site, the information may become public and accessible to all or a part of the Site community, so it is important for you to exercise discretion and appropriate caution when deciding to reveal PII in these areas. In addition, when you choose to make a posting, certain PII may be available for other users to view. We urge you to exercise discretion and caution when deciding to disclose your PII, or any other information, on the Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PII YOU VOLUNTARILY DISCLOSE THROUGH THE SITE VIA THESE FORUMS AND OTHER INTERACTIVE FEATURES. Please note that We reserve the right, but have no obligation, to republish content posted (including any PII contained therein) as further set forth in Our Terms of Use.

Co-Branded Pages

We may enter into relationships with “powered by” partners, business partners, sponsors, and co-branded sites (referred to here as “co-branded pages”). These might include, for example, pages that share our name and that of another entity. There may be a specific privacy policy on any such co-branded page. Any personal information that you provide when signing up at any co-branded page may be collected by, or shared with, our third party partner. We have no control over, and are not responsible for, our third party partners’ use of your personal information. If you want to learn more about other entities’ privacy practices, please review the websites of those third parties.

Transactions With Third Party E-commerce Partners, Vendors and Advertisers

When you provide personal information to one of Our Site’s third party e-commerce partners, vendors or advertisers (i.e. Ticketmaster.com, Telecharge.com), this transaction will occur in connection with the site of the e-commerce partner, vendor or advertiser, not on the Site, and, as such, the personal information you provide is collected pursuant to and controlled by the privacy policy of such e-commerce partner, vendor or advertiser. Nederlander is not responsible for such parties’ privacy policies and We encourage you to familiarize yourself with the applicable privacy policy of the e-commerce site with which you transact business or to contact the operator of such site for more information.

Delivery of Advertising and Other Content

In addition to ads and content that We may serve you directly, We use third-party advertising companies and marketing services companies to serve ads and other content when you visit Nederlander and elsewhere on the internet and in other media. Both We and these companies may use information about your visits to Nederlander and elsewhere to serve ads and other content to you. In the course of doing so, a unique third-party cookie may be placed or recognized on your browser by such companies. In addition, We and these companies may use Web beacons to help manage Our online advertising and content. These Web beacons enable Us and the third-party companies to recognize a browser’s cookie when a browser visits this Site and to learn which banner ads bring users to our website and to serve you ads that you may find of interest elsewhere on the internet and in other media. Both Nederlander and these companies may use information obtained from your visits to Nederlander or other websites, and information received from you offline in order to provide advertisements about goods and services and other content of interest to you across the internet and in other media. If you would like more information about this practice and to know your choices about not having this information used in this manner by Our third party advertising companies, please visit http://www.networkadvertising.org/optout_nonppii.asp and/or www.aboutads.info/choices. European users may opt out of receiving targeted advertising by visiting http://www.youronlinechoices.eu/.

In addition, we may provide PII and Anonymous Information to marketing services companies. This may include information we received from you offline or online. These companies may combine information we provide (including PII and Anonymous Information) with personal and anonymous information they may have about you, using cookies they place or that We place on their behalf, as described in the section regarding “Cookies and Tracking Tags”. We require these companies to delete the PII we provide them. These companies may use the resulting non-personal information and such cookies for their own marketing purposes, and they may provide the same to their customers for their customer’s marketing purposes.

Some of Our emails may contain tags that allow Us and Our advertisers and other partners to determine the types of content that may be of interest to you. Those tags may contain PII and may be shared with others to the same extent indicated in the section regarding “Cookies and Tracking Tags”. Those tags may not be deleted but you can opt out of receiving the emails.

Use of This Site by Children

The Site is not directed to individuals under the age of thirteen (13), and We request that such individuals do not provide personal information through the Site. If a parent or guardian becomes aware that his or her child has provided Us with PII without the parent or guardian’s consent by, for example, misrepresenting his or her age, that parent or guardian should contact us at privacy@nederlander.com. If Nederlander determines that it has collected personal information of children under the age of 13, Nederlander will immediately delete such information and any accounts believed to be held by children under 13.

In addition, we may not collect or process information from a citizen of an EU member state under the age of sixteen (16) without such person’s parental consent. If you are a citizen of an EU member state under the age of 16, please tell your parents that you are using the Site and have your parents email Us at privacy@nederlander.com so that We may delete any information We may have collected about you.

California Visitors

California Civil Code § 1798.83 permits California residents to request information about whether we have disclosed personal information to any third parties for the third parties’ direct marketing purposes. California residents have the right to request in writing: (a) a list of the categories of Personal Information, such as name, email address and mailing address and the type of services provided to the customer that a business has disclosed to third parties (including affiliates that are separate legal entities) during the immediately preceding calendar year for the third parties’ direct marketing purposes and (b) the names and addresses of all such third parties. To make a request, please contact Us at the following email address: privacy@nederlander.com.

EU Visitors

If you are located within the European Union, you should be aware that your personal information will be transferred to the United States, the laws of which may be deemed by the European Union to have inadequate data protection. If you are located in a country outside the United States and voluntarily submit personal information to Us, you thereby consent to the general use of such information as provided in this privacy policy and to the transfer of that information to, and/or storage of that information in, the United States. We transfer Personal Information from the European Economic Area and Switzerland to the USA and other countries, some of which have not been determined by the European Commission to have an adequate level of data protection. Personal Information of EU residents will be transferred in compliance with the requirements of the General Data Protection Regulation (“GDPR”).

Rights of EU Data Subjects

If you are a resident of the European Union, under the GDPR, European Union residents, as data subjects, have the following rights:

Right to access – This right allows individuals to obtain confirmation as to whether or not personal information concerning him or her is being processed and provide access to such personal information. It also allows individuals to request details of the processing of his or her personal information, including, without limitation, categories of recipients to whom the personal information have been or will be disclosed and purposes of processing.
Right to rectify – This right allows individuals to rectify any inaccurate personal information about him or her.
Right to restrict processing – This right allows individuals to block or suppress processing of personal data under certain circumstances.
Right to be forgotten – This right is also known as the “right to erasure”. It is an individual’s right to have personal data erased or to prevent processing in specific circumstances.
Right of data portability – This right allows individuals to move, copy or transfer personal data from one place to another in a secure manner without interrupting the integrity and usability of the information.
Right to object to processing – This right allows individuals to object to certain types of processing, including direct marketing, profiling and providing for purposes of scientific or historical research and statistics.

An EU resident has the right to access his or her personal data that We hold and to ask that their personal data be corrected or erased and to port their data. An EU resident may also have the right to object to, or request that We restrict certain processing or to withdraw consent previously provided. If you would like to exercise your rights under the GDPR, please contact us at privacy@nederlander.com.

If you are an EU resident and have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. For contact details of your relevant local Data Protection Authority, please see

http://ec.europa.eu/newsroom/article29/item-detail.cfm?item_id=612080

Security of Your Personal Information

Nederlander employs reasonable security measures consistent with standard industry practice, for personal information collected through this Site, including physical, electronic and operational measures to maintain security and prevent unauthorized access. While Nederlander takes all appropriate steps to safeguard personal information under Our control, unfortunately, no data transmission over the Internet or method of storing data can be guaranteed to be 100% secure. As such, We cannot guarantee that personal information supplied by users will not be accessed on Our servers, or intercepted while being transmitted to Us over the Internet. We assume no liability for any damages you may suffer as a result of interception, alteration or misuse of information during such transfers.

Retention

We will retain your information for as long as your account or inquiry is active and for a reasonable time thereafter in accordance with Our standard procedures or as necessary to comply with Our legal obligations, to resolve disputes, and to enforce Our agreements. Even if We delete some or all of your Personal Information, We may continue to retain and use aggregate or anonymous data previously collected and/or anonymize or aggregate your Personal Information. Please note that We will not be liable for disclosures of your data due to errors or unauthorized acts of third parties.

Choice/Opt Out

This Site provides users the opportunity to opt-out of receiving communications from Us, at any time, by email at privacy@nederlander.com, or by clicking the unsubscribe link in any email communication.

The Site gives users the following options for removing their information from our database, to not receive future communications or to no longer receive our service, at any time.

Users can send email to: privacy@nederlander.com.
Users can send mail to the following postal address:
Nederlander
1501 Broadway 14th floor
New York, NY 10036
Users can call the following telephone number: (800) 223-6715.

Users can opt-out of receiving future newsletter emails from Us by selecting the “unsubscribe” link at the bottom of our email.

However, We are not responsible for removing your information from the lists of any third party who has previously been provided with your information or is collecting your information through their cookies.

You have the right to withdraw your consent for Our processing for your personal information by contacting us at privacy@nederlander.com.

Correct/Update

This website gives users the following options for changing and modifying information previously provided, at any time.

Users can send email to: privacy@nederlander.com.
Users can send mail to the following postal address:
Nederlander
1501 Broadway 14th floor
New York, NY 10036
Users can call the following telephone number: (800) 223-6715

Successors

In the event that We are, or any component of our operations is, merged with, or is acquired by, another entity, then any such successor or acquiring entity may become the successor to Our obligations with respect to the personal information that you have provided to Us, which would be necessary for the entity to effectively continue our business. By using this website, you consent to any transfer and use of such personal information by an entity assuming control of Our operations as a result of a merger, purchase of assets, or liquidation in bankruptcy or insolvency.

Contact Us

If you have any questions about this Privacy Policy, the practices of this website, or your dealings with this website, you can send an email to privacy@nederlander.com. Our data protection officer can also be contacted at privacy@nederlander.com.

Last updated and effective as of June 4, 2018

Introduction

Nederlander (“Us”, “We”, “Our”) sets forth the following terms of use (“Terms”) that govern your use of all Nederlander websites, mobile services, services available via telephone, and those transactions that take place in person, by postal or electronic mail. (collectively, the “Site”).

By visiting or using the Site, you expressly agree to these Terms. Please also consult Our Privacy Policy and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site.

We may make changes to these Terms at any time. Any changes We make will be effective immediately when We post a revised version of these Terms on the Site. The “Last Updated” date at the top of this page will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

These Terms apply to transactions that transpire on the Site that occur within the United States of America (“USA”). These Terms apply to laws and regulations of the USA. We make no representation or warranty that the Site 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 the Site 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 the Site is accessed. Your use of the Site is your acknowledgement that the 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.

While some of the Content listed on the Site may appeal to children, the Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

Registration & Passwords

You may browse and purchase tickets on the Site without registering for an account. If you create an account, your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. We will never ask for your password. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify Us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if We believe your account is no longer secure or if We receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason. To understand how We use information collected from you, including information collected via social media connectivity, please read Our Privacy Policy.

Code of Conduct

You agree that you will comply with all applicable laws, rules and regulations, and that you will not:

Restrict or inhibit any other person from using the Site;
Use the Site for any unlawful purpose;
Express or imply that any statements you make are endorsed by Us, without our prior written consent;
Impersonate any person or entity, whether actual or fictitious, including any employee or representative of Our company;
Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes Our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
Engage in spamming or flooding;
Harvest or collect information about Site users;
Order a number of tickets for an event that exceeds the stated limit for that event;
Use any password or code to participate in an offer on the Site if you did not receive the password or code from Us or if you violate the terms of the offer; or
Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services.

Restrictions on the Use of Our Content

The Site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Site, and all tickets obtained from the Site, (collectively, the “Content”) are owned by Us. We own a copyright and other intellectual property in the Site and Content. We may change the Content and features of the Site at any time.

We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and its Content as permitted by these Terms for non-commercial purposes only if, as a condition precedent, you agree that you will not:

Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
“Frame” or “mirror” any part of the Site;
Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
Remove any copyright, trademark or other proprietary rights notices contained on the Site;
Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Site, including with respect to any CAPTCHA displayed on the Site. Operators of public search engines may use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, or any other items available on the Site, including sending information from your computer to another computer where such software or system is active;
Take any action that imposes or may impose (in Our sole discretion) an unreasonable or disproportionately large load on Our infrastructure;
Access, reload or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
Reproduce or scan tickets in a format or medium different from that provided by the Site;
Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms used on or in production of tickets or the Site;
Use the Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes Our copyrights, trademarks, patents and other rights in the Site and Content. You will not acquire any ownership rights by using the Site or the Content.

The registered and unregistered trademarks, logos and service marks displayed on the Site are owned by Us or Our affiliates or licensors. You may not use Our trademarks, logos and service marks in any way without Our prior written permission. You may inquire about obtaining permission by contacting Us at customerservice@nederlander.com.

Making Purchases

Please review Our Purchase Policy, which will govern your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on your use of any coupon, promotional code or gift card. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes.

You may only use credit or debit cards that belong to you or to people who expressly authorize you to use such payment methods.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses to conduct transactions on the Site. You will not hold Us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to Us related to your transactions to assist in any investigation or prosecution of you. If We are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, We may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.

Forums and User Content

We may host reviews, message boards, blog feeds, social media feeds, forms, and other forums found on the Site or on Our social media channels (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”).

By submitting User Content, you certify that you are at least 18 years old.

You own all rights to your User Content. If you submit User Content to the Site, you grant Us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in Our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against Us that Our use of your User Content infringes any of your rights.

Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to Us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to Us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.

We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, Our sponsors and Our users, or to comply with legal obligations or governmental requests.

If We are notified that your User Content does not comply with these Terms, We may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse Us for any amounts We believe are necessary to resolve any complaint.

Links

The Site contains links to other websites that may not be owned or operated by Us. The fact that We may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.

Rules for Sweepstakes, Contests, & Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, you will become subject to those rules. We urge you to review the rules before you participate in a Promotion. Promotion rules will prevail over any conflict with these Terms.

Violation of these Terms

We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information you provide to Us related to your transactions to assist in any investigation. We may revoke access to the Site and take legal action that We feel is appropriate. You agree that monetary damages may not provide Us a sufficient remedy and that We may pursue injunctive or other relief for your violation of these Terms. If We determine that you have violated these Terms or the law, or for any other reason or for no reason, We may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you may no longer use the Site or any Content. You will still be bound by your obligations under these Terms. You agree that We will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and We will not be required to make the Site or your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through your order. We may refuse to honor pending and future purchases made from all accounts We believe may be associated with you, or cancel a ticket or ticket order associated with any person We believe to be acting with you, or cancel your ticket postings, or exercise any other remedy available to Us.

Disclaimer of Warranties

WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE”. WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.

Limitation of Liability

IN NO EVENT WILL WE OR OUR EVENT PROVIDERS, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. OUR LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

Indemnification

If anyone brings a claim against Us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold Us and Our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of Our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with Us in asserting any available defenses.

Disputes, Including Mandatory Arbitration and Class Action Waiver

Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by Us or through Us, will be resolved by binding arbitration rather than in court, with the following exceptions:

You may assert claims in small claims court if your claims apply;
If a claim involves the conditional license granted to you as described in the Restrictions of the Use of Our Content section above, either of us may file a lawsuit in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes; and
In the event that the arbitration agreement in these Terms is, for any reason, held to be unenforceable, any litigation against Us (except for small claims court actions) may be commenced only in a federal or state court located within New York County, New York, and we both consent to the jurisdiction of those courts for such purposes.

Any 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.

The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.

We each agree that the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute. You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

California Residents

Pursuant to California Civil Code § 1798.83-1798.84, California users 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 privacy@nederlander.com to receive the following information:

The categories of information We disclosed to third parties for their direct marketing purposes during the preceding calendar year;
The names and addresses of the third parties that received that information; and
If the nature of the third party’s business cannot be determined from their name, examples of the products or services marketed.

Contact Us

If you have any questions, comments or complaints regarding these Terms or the Site, please contact Us at:

Nederlander
1501 Broadway, 14th floor
New York, NY 10036
customerservice@nederlander.com