Terms and Conditions
Effective September 23, 2019
YOUR RIGHT TO ACCESS THE CONTENT AND TO USE THE SERVICES PROVIDED BY THIS WEBSITE AND OTHER CARNEGIE HALL WEBSITES IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. ANY BREACH OF THESE TERMS AND CONDITIONS IMMEDIATELY TERMINATES SUCH RIGHTS.
1. Carnegie Hall Websites
The Carnegie Hall Corporation, a nonprofit organization (“Carnegie Hall” or “we”), has created and maintains https://www.carnegiehall.org/, https://collections.carnegiehall.org/, and related websites (collectively, the “Carnegie Hall Websites”). The content of the Carnegie Hall Websites (the “Content”) is and remains at all times the property of Carnegie Hall or our licensors or suppliers. You may access, download, and use the Content for lawful personal, non-commercial purposes, subject to any third-party rights in such Content. Except as otherwise provided in these terms and conditions, you may not access, download, use, or sell the Content for commercial purposes or download, copy, or use the Content for the benefit of a third party. You may not frame or use framing techniques to enclose the Content without the express written consent of Carnegie Hall. Content that you print, download, reproduce, or otherwise use must retain all copyright and other proprietary notices.
For any uses you may make of the Content in accordance with these terms and conditions, you are responsible for obtaining authorizations or licenses from any rights holders, including determining whether the Content is in the public domain, whether the Content is protected by copyright law or other restrictions, and whether your intended use is permitted as fair use.
You may download and use the Content made available at https://collections.carnegiehall.org/ (“Digital Collections Content”) for any lawful purpose, commercial or non-commercial, provided that you not use the Digital Collections Content for advertising, marketing, trade, or any other purposes that may implicate rights of publicity or privacy of individuals named, depicted, or otherwise identified in the Digital Collections Content.
In using the Carnegie Hall Websites, you agree to comply with applicable laws and regulations, and you agree that you will not:
- Interrupt or attempt to interrupt the operation of the Carnegie Hall Websites or the servers or networks used to make the Carnegie Hall Websites available;
- Transmit or otherwise make available in connection with the Carnegie Hall Websites any virus, worm, Trojan horse, time bomb, spyware, or other computer code, file or program that is harmful or invasive or may or is intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment;
- Restrict or inhibit any other person from using the Carnegie Hall Websites (including without limitation by hacking or defacing any portion of the Carnegie Hall Websites);
- Attempt to gain unauthorized access to any accounts, computer systems or networks through hacking, phishing, password mining or any other means;
- Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with a person or entity;
- Reverse engineer, reverse assemble, decompile, create derivative works of, modify, or otherwise attempt to derive the source code of the Carnegie Hall Websites;
- Use any material or information in a manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party; or
- Collect personal information about others, including email addresses or other personal information.
2. Ticket Purchases
3. Intellectual Property Rights
The Content and its selection, compilation, collection, arrangement, and assembly may be protected by US and international copyright, trademark, and other laws. Other than as permitted in Section 1 of these terms and conditions, or as permitted by applicable law, you may not copy, reproduce, republish, upload, post, display, perform, adapt, transmit, or distribute Content or other content or information available on or through Carnegie Hall Websites in any way without Carnegie Hall’s prior written permission.
4. Copyright Use and Compliance
If we receive notice that any of the Content is unlawful or not in keeping with these terms and conditions or the intended use of Carnegie Hall Websites, we reserve to right to remove the material. Please note that we will respond only to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”).
To report a claimed copyright infringement and request that we remove any infringing material that Carnegie Hall is hosting, please email firstname.lastname@example.org and include all of the following information:
- Your complete contact information (mailing address, telephone number and, if available, email address).
- A description of the copyrighted work that you claim has been infringed.
- A description of the material hosted on our website that you claim is infringing, and informationally reasonable sufficient to permit us to locate the material. The easiest way to do this is by providing the exact permanent link for the webpage containing the material.
- A declaration that:
- You have a good faith belief that use of the material in the manner you are complaining of is not authorized by the copyright owner, its agent, or the law;
- The information in your claim is accurate; and
- You declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed.
- Your electronic signature or physical signature.
You may also mail a copyright infringement claim with this information to our copyright agent at the following address:
881 7th Avenue
New York, NY 10019
Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our website is infringing your copyrights. We also reserve the right to publish your letter on our website.
CARNEGIE HALL WEBSITES, THE MATERIALS ON CARNEGIE HALL WEBSITES, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH CARNEGIE HALL WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CARNEGIE HALL AND ITS AFFILIATES, LICENSORS, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you.
7. Limitation of Liability
NEITHER CARNEGIE HALL NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA, OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO CARNEGIE HALL WEBSITES AND/OR MATERIALS CONTAINED ON CARNEGIE HALL WEBSITES, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH CARNEGIE HALL WEBSITES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH CARNEGIE HALL WEBSITES OR MATERIALS OR ANY LINKED SITE IS TO STOP USING CARNEGIE HALL WEBSITES, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF CARNEGIE HALL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, WILL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS CARNEGIE HALL WEBSITES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify and hold Carnegie Hall and its officers, directors, trustees, employees, and agents harmless from any and all claims, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising in any way from or relating to your use of the Content. Carnegie Hall reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Carnegie Hall’s defense of such claim.
These terms and conditions are governed by and construed in accordance with the laws of the State of New York, United States of America.
If any provision of these terms and conditions is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
These terms and conditions are the entire agreement between you and Carnegie Hall relating to your right to access the Content and to use the services provided via Carnegie Hall Websites, and supersede any and all prior or written or oral agreements between us with respect to such subject matter.
No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.