Terms of Use

broadwaysf.com (“the Site”) is owned and operated by ATG Tickets US LLC (“ATG”). These are the ATG Tickets US LLC (“Our”, “Ours”, “We”) terms of use (the “Terms of Use” or “Terms”), which apply to the use of the Site by end users. By accessing the Site, you agree to be bound by the Terms of Use. The Site is directed to people residing in the United States, over the age of 18. If you are not a US resident, over the age of 18 or do not agree to be bound by the Terms of Use, you may not use or access the Site and we will have the right to restrict or prevent your access to the Site. If there is anything that you do not understand, please feel free to email any inquiry to us at [email protected]. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk. 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 or our licensors. We own copyrights and other intellectual property rights in the Site and Content. We may change the Content and features of the Site at any time.

1. Your Obligations

1.1

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:

• Use the Site (or any part of it) for any illegal purpose and agree to use it in accordance with all relevant laws including applicable local, state and federal laws;
• Upload or transmit through the Site (i) any computer viruses, macro viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or (ii) any material which is defamatory, offensive, or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety;
• Use the Site in a manner which (i) may cause the Site to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Site is in any way impaired or (ii) violates or infringes the rights of any person, firm or company (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
• Create or publish a hypertext link to any part of the Site or attempt any unauthorized access to any part or component of the Site;
• Restrict or inhibit any other person from using the Site;
• Make any statements that 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 a presale or other offer on the Site if you did not receive the password or code from us or an authorized third party, or violate the terms of the presale or offer;
• Use any area of the Site for commercial purposes, such as to conduct sales of tickets, products or services;
• 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;
• 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 or other security feature 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, vouchers, gift cards 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; or
• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.
• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or the Site.

2. Broadway San Francisco and ATG RIGHTS

2.1 We reserve the right to:

• modify or withdraw, temporarily or permanently, the Site (or any part of it) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Site; and/or
• Change these Terms of Use from time to time. Your continued use of the Site (or any part of it) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether the Terms of Use have been changed. If you do not agree to any change to the Terms of Use then you must immediately stop using the Site; and/or
• Monitor any activity and content associated with the Site. We may investigate any reported violation of these Terms of Use or complaints relating to the Site and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Site.

2.2

We will use our reasonable endeavors to maintain the Site.  The Site is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Site because of a failure, suspension or withdrawal of all or part of the Site for any reason.

3. Your Personal Data

You are using this Site at your own risk. We do not guarantee that your personal information will remain private. Please see our Privacy Policy for information regarding the measures we take to protect your personal information. We do not promise that there will be no errors transmitting information to and from this Site. We do not promise that information you receive from this Site is accurate or reliable or that this Site is free of computer viruses or other harmful mechanisms. We make no guarantee of the availability of any tickets or specific results from the use of the Site or of our service.

4. Links to other websites

We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content (including misrepresentative or defamatory content) of such websites, including (without limitation) any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offense caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external sites or resources.

5. Limitation of Liability

5.1

While we will use reasonable endeavors to verify the accuracy of any information we place on the Site, we make no warranties, whether express or implied, in relation to its accuracy.

5.2

The site and all products and services available at the site are provided on an “as is’ basis with no warranty of any kind. To the maximum extent permitted by law, ATG disclaims all representations and warranties, statutory, express or implied with respect to this site and the products and services available at this site, including without limitation, warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from errors or omissions, computer viruses or other malicious or unauthorized code, and implied warranties arising from course of dealing or performance. In addition, ATG does not represent or warrant that the information accessible via the site is accurate, complete or current, or that the site is completely secure.

5.3

Unless specified in separate terms and conditions related to a particular product or service, we make no warranty that the Site or products or services offered on the Site whether by us or on our behalf (including free software downloads) will meet your requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Site or the server which makes it available or products or services offered on the Site whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Site.

6. Limitation of Liability; Indemnification

6.1

You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Site and any information provided to or taken from the Site by you, except to the extent specified in our Privacy Policy.

6.2

Neither ATG nor its officers, directors, employees, agents, suppliers, licensors or third party partners will be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages (even if ATG has been advised of the possibility of such damages), whether in an action under contract, tort, or any other theory, arising out of or in connection with any errors or omissions, viruses or other malicious or unauthorized code, the use, inability to use or performance of the site, the products or services available through the site, or any loss, business interruption or other damage sustained in connection with your use of the site or the products or services available at the site. Without limiting the foregoing, ATG’s liability in connection with your use of the site or the products or services available at the site shall be limited to the amount paid by you in connection with such use in the six (6) period preceding the date of the event giving rise to such liability. These limitations will apply notwithstanding any failure of essential purpose of any limited remedy.

6.3

You agree, at your expense, to indemnify, defend and hold harmless ATG and its officers, directors, employees, agents, suppliers, licensors and third party partners from and against all claims, losses, expenses, damages and costs (collectively, “Damages”), including reasonable attorneys’ fees, arising out of your use of this Site, including, but not limited to, the unauthorized use of your id or password, material you access, download, submit, post, transmit or make available through this Site, your violation of these Terms of Use, any business or other transaction between you and any third party that has a presence on this Site and your violation of any rights of a third party.

7. Intellectual Property and right to use

7.1

You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all material or content contained within the Site shall remain at all times owned by us or our licensors. You are permitted to use this material only as expressly authorized by us.

7.2

You acknowledge and agree that the material and content contained within the Site is made available for your personal non-commercial use only and that you may download such material and content onto only one computer hard drive for such purpose. Any other use of the material and content of the Site is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.

7.3

Except for personally identifiable information subject to our Privacy Policy, any information you submit to the Site, will not be treated confidentially and you acknowledge that we may use such information for any purposes.

8. General

8.1

If any part of the Terms of Use shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use.

8.2

These Terms of Use amended from time to time by ATG contain the entire agreement and understanding between us in respect of all matters which are referred to herein and supersede any prior written or oral agreement between us relating to such matters. No oral explanation or oral information given by either of us shall alter the interpretation of these Terms of Use. You confirm that, in agreeing to accept these Terms of Use, you have not relied on any representation that is not expressly included herein and you agree that you shall have no remedy in respect of any misrepresentation which has not become a term of these Terms of Use.

9. Claims of copyright infringement on the site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to [email protected]. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Site of repeat infringers.

10. Account Registration

You may browse the Site without registering for an account. You will be asked to register for an account to use certain features of the Site, such as purchasing a ticket. If you do create an account, your 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. 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.

11. Rules for competitions and games

In addition to these Terms, competitions, 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 control over any conflict with these Terms.

12. Disputes

If we are unable to settle any dispute relating to the Site by negotiation, any disputes, claims or controversies arising from or related to your use of the Site, shall be submitted by Us to mediation and if the matter cannot be resolved through mediation, it shall be submitted for binding arbitration. Unless we and you agree otherwise, any mediation and/or arbitration shall take place in the State of New York, County of New York, and shall be administered by and pursuant to the rules of the American Arbitration Association (“AAA”). Disputes shall be arbitrated on an individual basis. There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated. No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any rights arising by reason of your use of the Site (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury, and you specifically waive any right to be a member of a class action lawsuit for any claim, dispute or controversy arising from your use of the Site. Notwithstanding the foregoing, ATG may commence an action for injunctive relief in a court of law at any time to enforce its rights under these Terms of Use and/or to protect its property. These Terms of Use are governed by the laws of the State of New York. If any provision (or portion thereof) contained herein is found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that provision (in whole or in part) shall, to the extent required, be deemed not to form part of these Terms of Use, and the validity, legality and enforceability of the other provisions of these Terms of Use shall not be affected or impaired thereby. If any such provision (or portion thereof) is held invalid or unenforceable with respect to particular circumstances, it shall remain in full force and effect in all other circumstances.