Effective October 2023
Last Updated October 2023

The New York Philharmonic (“Philharmonic,” “we,” or “our”) has created and maintains certain websites, including www.nyphil.org, mobile applications, and other platforms and any related content (together "Sites") that link to these Terms ("Terms"). These Terms specify the conditions for your access and use of the Sites.

The Terms may be modified at any time, to be effective immediately, and the Philharmonic will post modifications to the Terms on www.nyphil.org. You should regularly review the Terms for modifications. Your right to access and use the Sites is subject to these Terms, and your use of the Sites constitutes your acceptance of the Terms. Any breach of the Terms immediately terminates your rights.

The Sites are and remain at all times the property of the Philharmonic or its designees. The Philharmonic grants you a limited, revocable, non-exclusive license to use the Sites for lawful and personal purposes subject to any third-party rights. Except as otherwise provided in these Terms, you may not access, download, use, sell, reproduce, republish, distribute, assign, sublicense, sell, or prepare derivative works of the Sites or related content for commercial purposes without the express written consent of the Philharmonic. Any content from the Site that you print or use must retain all copyright and other proprietary notices.

You are responsible for obtaining required authorizations or licenses related to your use of the Sites, including determining whether: (i) Sites are in the public domain; (ii) Sites are protected by copyright law or other restrictions; and (iii) your intended use is permitted. When using the Sites, 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 Sites or technology used to make the Sites available;
  • transmit or otherwise make available in connection with the Sites 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 Sites, including by hacking or defacing any portion of the Sites;
  • 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 or misrepresent your affiliation with a person or entity;
  • reverse engineer or assemble, decompile, create derivative works of, modify, or otherwise attempt to derive the source code of the Sites;
  • use any information in a manner that infringes on any copyright, trademark, patent, trade secret, or other proprietary right of any party; or
  • collect personal information about others.
 

If we receive notice that any of the content on the Sites is unlawful or not in keeping with these Terms or the intended use of the Sites, we reserve the 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 or request that we remove any infringing material, email customerservice@nyphil.com and include: (i) your name and contact information; (ii) a description of the copyrighted work that you claim has been infringed on and the material hosted on our Sites that you claim is infringing; (iii) a declaration that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law, that the information in your claim is accurate, and that you declare, under penalty of perjury, that you are the owner or authorized to act on behalf of the owner of the copyright. Note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that any material on our Sites is infringing on your or a third party’s copyrights. We also reserve the right to publish your letter on our Sites.

  • Affiliated Policies

    Your visit to our Sites is also governed by our Privacy Policy, which can be found here. The purchase, exchange, and donation of tickets is subject to terms found here.

  • External Links

    The Sites may contain links to third party websites. We have not reviewed the websites linked to the Sites. We have no control over such sites and are not responsible for the content of such websites, any updates or changes to such sites, or the privacy or other practices of such sites. The fact that the website is linked to our Site does not indicate any approval or endorsement of any material contained on any linked site. These links are only provided to you as a convenience, and we strongly encourage you to review the terms of use and policies of any linked site.

  • Intended Audience

    The Sites are intended for adults only, and are not intended for any children under the age of 13.

  • Disclaimer and Limitation of Liability

    THE WEBSITE, THE MATERIALS, AND ANY PRODUCT OR SERVICE OBTAINED THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE PHILHARMONIC 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. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.

    UNDER NO CIRCUMSTANCES WILL THE PHILHARMONIC NOR ANY OF ITS AFFILIATES, LICENSORS, SUPPLIERS, OR SPONSORS, NOR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS, OR OTHER REPRESENTATIVES, BE 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 THE WEBSITE AND/OR MATERIALS CONTAINED ON THE WEBSITE, ANY LINKED SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE WEBSITE. AGAIN, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE OR MATERIALS OR ANY LINKED SITE IS TO STOP USING THE WEBSITE, MATERIALS, OR LINKED SITE, AS APPLICABLE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY OF THE PHILHARMONIC 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 THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

  • Indemnity

    You agree to defend, indemnify, and hold the Philharmonic and its officers, directors, trustees, employees, and agents harmless from any and all claims, liabilities, losses, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to your use of the Sites. The Philharmonic 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 the defense of such claim.

  • Miscellaneous

    These Terms are governed by and construed in accordance with the laws of the State of New York. If any provision of the Terms is found to be unlawful, void, or unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. These Terms are the entire agreement between you and the Philharmonic relating to your right to access and use of the Sites and related services, and supersede any and all prior or contemporaneous written, oral, or electronic agreements or communications between you and the Philharmonic with respect to such subject matter. Our failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. You may discontinue your participation in and access to the Sites at any time. The Terms will continue to apply to all past use of the Sites by you, even if you no longer use them. The Philharmonic may terminate the Terms at any time, with or without notice, for any reason.

  • Contact Information

    If you have questions about this Notice, you may:

    Email us at customerservice@nyphil.com; or

    Write to us at
    New York Philharmonic
    Attn: Marketing
    10 Lincoln Center Plaza
    New York, NY 10023