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Terms of Service

TERMS OF USE

Last Modified: February 1, 2022


The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and City Pass, Inc., including all of its affiliates, agents, and representatives (“CityPASS,” “we,” or “us”) with respect to your use of broadway.citypass.com (the “Broadway CityPASS Website”, the “Site” or “Website”) and the services available on such Broadway CityPASS Website (together the “Services”), including any Content (as defined in Section 2 below). By accessing or using the Services in any manner, on behalf of yourself, any accompanying minor or other person who you are responsible for, and your heirs and assigns (collectively referred to as "You") accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.


You agree to these Terms of Use by accessing or using the Site for any purpose whatsoever. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE OR THE PRIVACY POLICY, DO NOT ACCESS OR USE THE SITE. These Terms of Use constitute a legal agreement between you and CityPASS, and shall apply to your use of the Site, Services and Content even after termination.


SECTION 15 CONTAINS A BINDING AGREEMENT TO ARBITRATE, EXCEPTION FOR “INTELLECTUAL PROPERTY CLAIMS”, AND SECTION 16 IS A BINDING CLASS ACTION WAIVER. PLEASE READ THESE TERMS OF USE CAREFULLY, INCLUDING SECTIONS 15 AND 16.


  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. Your use of the Services following the posting of revised Terms of Use means that You accept and agree to the changes.


  2. Scope of and Restrictions on Use. Subject to these Terms of Use, CityPASS grants You a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) access and use the Services for your personal, non-commercial use, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials You may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of CityPASS. You agree not to:

    • collect information from the Services using an automated software tool or manually on a mass basis;
    • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
    • obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by You;
    • “flood” the Site with requests or otherwise overburden, disrupt, or harm the Services or our systems;
    • restrict or inhibit other users from accessing or using the Services;
    • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
    • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

  3. Intellectual Property Rights


    3.1 Ownership. The Services and Content are owned by CityPASS or its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Broadway CityPASS Website are registered and unregistered marks of CityPASS and its licensors. You acknowledge and agree that, as between You and CityPASS, CityPASS is and shall remain the sole owner of the Services and the Content (except for your User Content, as defined in Section 4.1 below), including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.


    3.2 User Content and Restrictions. The Services may enable You to submit, upload, post, share, display, or transmit to other users (hereinafter, “post”) ideas, information, materials, reviews, and other user-generated content (“User Content”) and interact with others through user comment areas and similar user-to-user areas. You may not post any User Content that:

    • is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy right or right of publicity, or otherwise objectionable;
    • promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
    • contains any material that could give rise to any civil or criminal liability under applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use;
    • infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;
    • encourages criminal conduct;
    • contains false, misleading, fraudulent, or deceptive claims or content;
    • gives the impression that it emanates from or is endorsed by CityPASS or any other person or entity, if this is not the case; or
    • contains any virus, malware, spyware, or other harmful content or code.


    3.3 Rights You Grant Us. You hereby grant to CityPASS an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content You post on or through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and You waive any and all claims that You may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to You.


    3.4 No Responsibility. You agree that You are solely responsible for your User Content, and that You have the right to post any User Content that You post on or through the Services. You acknowledge and agree that CityPASS is not responsible for, and does not endorse, any User Content.


    3.5 No Obligation to Prescreen, Monitor or Use. CityPASS does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, CityPASS retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.


  4. Submitted Ideas and Materials. CityPASS does not want and cannot accept concepts, creative ideas or suggestions, artwork, photographs, drawings, videos, audiovisual works, or any other materials in any format, by any means of transmission (including email), that users consider confidential or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of CityPASS might seem to others to be similar to users’ own creative ideas, suggestions, or materials. All concepts, creative ideas or suggestions, artwork, photographs, drawings, videos, audiovisual works, and other materials disclosed or offered to us by You through the Services or in response to solicitations on the Site shall be deemed non-confidential and non-proprietary, and CityPASS will not be liable for any use or disclosure thereof. Please be aware that any User Content You post publicly through the Services will be accessible and viewable by other users.


  5. Purchases.


    5.1 Products We Sell. CityPASS sells tickets, vouchers, and similar products (the “PRODUCT”) on behalf of attractions, venues and providers of events (“Event Provider”), which means we do not determine seating locations or control ticket inventory or availability. CityPASS is in no way affiliated with any Event Provider for which it sells PRODUCT. You are responsible for reading the complete listing for a ticket before making a commitment to purchase the PRODUCT. When placing an order for a PRODUCT on the Broadway CityPASS Website, You are entering into a binding contract with the Event Provider to purchase that PRODUCT. Payment is remitted to CityPASS and disbursed to the Event Provider. REFUND POLICIES VARY BY EVENT PROVIDER AND EVENT. EXCEPT AS SET FORTH IN SECTION 5.6 AND 5.7 BELOW, CityPASS DOES NOT PROVIDE REFUNDS OR PERMIT CANCELLATIONS OR EXCHANGES.


    5.2 Pricing and Purchase Cancellation.If You purchase PRODUCT, You agree to pay, in addition to the price for the PRODUCT, any other fees and charges that may be imposed, such as convenience fees, processing fees, and other fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable tax. If the amount You pay for a PRODUCT is incorrect, whether due to an error in a price posted on the Site or otherwise, we reserve the right to cancel your order for that PRODUCT and refund to You the amount that You paid. This policy will apply regardless of how the error occurred.


    5.3 Payment Processing. All payments will be processed by our third-party payment processor. The processing of payments in connection with your use of the Services will be subject to the terms, conditions, and privacy policies of our payment processor in addition to these Terms of Use.


    5.4 PRODUCT Delivery. PRODUCT will be emailed after You place your order. CityPASS recommends that You print your PRODUCT as backup to the mobile ticket delivery option, as Event Providers may require You to present a printed copy of the PRODUCT You have purchased in order to enter or participate in an event.


    5.5 Event Provider Terms and Conditions. By purchasing PRODUCT, You agree to be bound by the terms and conditions and other rules of the Event Provider and the applicable venue and/or event. We recommend that You review the terms and conditions and other rules of each event and venue to which You hold PRODUCT, as may be available on the Services or directly from the Event Provider.


    5.6 Refund Policy. We offer a full refund on any unused PRODUCT if the cancellation request is received at least 72 hours before the scheduled event. We are unable to guarantee any PRODUCT refund if the request is received less than three (3) full days before the event. We are unable to refund any PRODUCT order with 10 or more tickets.


    5.7 Cancelled Events. If You hold a PRODUCT that was sold to You by CityPASS and the event is cancelled, we will automatically provide a full refund for the amount paid for the PRODUCT and any related fees.


  6. Privacy Policy. You acknowledge and agree that all information collected by CityPASS is subject to our Privacy Policy.


  7. Electronic Communications. The communications between You and CityPASS via the Services use electronic means. For contractual purposes, You consent to receive communications from us in electronic form, and You agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications be in writing.


  8. Changes, Suspension and Termination.


    8.1 Exclusive Right to Suspend or Discontinue Services or Content. CityPASS reserves the right to make changes to, suspend or discontinue (temporarily or permanently) the Site, Services and/or Content. You agree that CityPASS will not be liable to You or to any third party for any such change, suspension, or discontinuance.


    8.2 Exclusive Right to Terminate Access. CityPASS also reserves the right to deny access to, and to suspend or terminate your access to, the Site, Services, Content and/or any features or portions thereof, at any time and for any reason, including if we suspect that You have violated these Terms of Use. In the event that we suspend or terminate your access to and/or use, You will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination. You agree that CityPASS will not be liable to You or to any third party for any such change, suspension, or discontinuance relating to the suspension or termination of your access or use.


  9. Disclaimer. THE SITE, SERVICES, AND CONTENT, INCLUDING FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, SERVICES, AND CONTENT ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE," AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT ALLOWABLE BY LAW, CityPASS, ITS PARENTS, SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT ABOUT THE SITE, SERVICES, OR CONTENT, INCLUDING ANY FUNCTIONS MADE ACCESSIBLE OR ACCESSED THROUGH THE SITE, SERVICES OR CONTENT. NEITHER CityPASS NOR ANY PERSON ASSOCIATED WITH CityPASS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER CityPASS NOR ANYONE ASSOCIATED WITH CityPASS REPRESENTS OR WARRANTS THAT THE SERVICES OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, SERVICES, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF HARMFUL COMPONENTS, OR THAT THE SITE, SERVICES, OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.


  10. Assumption of Risk of Injury, Illness, Loss or Damage. You voluntarily assume all risks and danger of personal injury, exposure to illness, property loss and all other hazards arising from, related to or incidental to Your attendance at any event for which you have purchased PRODUCT, whether before, during, or after the event.


    An inherent risk of exposure to COVID-19 exists in any public place where people are present. COVID-19 is an extremely contagious disease that can lead to severe illness and death. By visiting an Event Provider you voluntarily assume all risks related to exposure to COVID-19.


  11. Limitation of Liability. YOUR ACCESS TO THE SITE, SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT WILL CityPASS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OR SERVICE PROVIDERS (the “CityPASS Group”) BE LIABLE UNDER ANY THEORY AT LAW OR EQUITY (INCLUDING, WITHOUT LIMITATION, CONTRACT, NEGLIGENCE, TORT, STATUTORY, AND THE COMMON LAW) FOR ANY INJURY, DAMAGE OR LOSS WHATSOEVER ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE, SERVICES OR THE CONTENT. THIS LIMITATION OF LIABILITY INCLUDES ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF FORESEEABLE. UNDER NO CIRCUMSTANCE SHALL ANY COMPANY OR INDIVIDUALS WITHIN THE CityPASS Group BE LIABLE FOR ANY ALLEGED INJURY OR DAMAGE, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (a) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SITE, SERVICES, CONTENT OR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (b) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS, OR OTHER HARMFUL COMPONENTS WHICH MAY BE TRANSMITTED THROUGH THE SITE, SERVICES, CONTENT OR SERVERS; OR (c) ANY LOST, STOLEN, OR DAMAGED TICKETS OR PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AGREE TO WAIVE THE BENEFIT OF ANY REMEDY, RELIEF OR CAUSE OF ACTION, INCLUDING, IF APPLICABLE, CALIFORNIA CIVIL CODE SECTION 1542.


  12. Indemnification and Hold Harmless. You agree to indemnify, defend, and hold harmless every entity and individual in the CityPASS Group from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including attorneys’ fees and costs actually incurred) arising out of or resulting from your use of the Site, Services and/or any Content or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by You, and in such event, You agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.


  13. Third Party Materials. The Services may display, include or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (“Third Party Materials”). You acknowledge and agree that CityPASS is not responsible for Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality or any other aspect thereof. CityPASS does not assume and will not have any liability or responsibility to You or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to You, and You access and use them entirely at your own risk and subject to such third parties’ terms and conditions.


  14. Third Party Platforms. We may provide the Services to You through third party websites, operating systems, platforms, and portals, including social networking sites (collectively, “Third Party Platforms”). Additional terms and conditions will apply to You with respect to your use of Third Party Platforms, which are not under CityPASS control. CityPASS does not assume any responsibility or liability for your use of such Third Party Platforms.


  15. Binding Arbitration and Venue for Intellectual Property Claims.


    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.


    We hope that any dispute between You and any member of the CityPASS Group can be resolved quickly and amicably by contacting our customer support at info@citypass.com. This Section explains how You and the CityPASS Group agree to resolve disputes that cannot be resolved quickly and amicably through our customer support.


    15.1 Binding Individual Arbitration. Arbitration is an alternative dispute-resolution procedure. You and the CityPASS Group GIVE UP THE RIGHT TO GO TO COURT. In arbitration a neutral third-party “arbitrator” will resolve the dispute, not a judge or jury. With the exception of Intellectual Property Claims described in Section 15.2 below, You agree that by interacting with the Site, Content and/or purchasing PRODUCT, any Claim by You or Us against the other, shall be resolved exclusively and finally by a binding arbitration award issued by a single arbitrator under the rules and procedures of the American Arbitration Association ("AAA"). The term “Claim” means any claim, injury, loss, damage, dispute, or controversy of any kind whatsoever. The location of the arbitration shall be in Boise, Idaho, unless otherwise agreed by You and Us. The laws of the State of Idaho shall govern the arbitration, without giving effect to conflicts of law provisions or analysis. An arbitration award may be confirmed in any court of competent jurisdiction.


    15.2 Intellectual Property Claims Shall be Brought in Court. Section 15.1 shall not apply to a claim by You or Us against the other for damages and/or equitable relief arising from the actual or alleged infringement or misuse of material protected by copyright law, trademarks, trade dress, domain names, trade secrets, patents, or any other intellectual property right (“Intellectual Property Claims”). The exclusive venue for Intellectual Property Claims shall be the federal and state courts located in Boise, Idaho. The substantive laws of the State of Idaho shall apply to Intellectual Property Claims, without giving effect to conflicts of law provisions or analysis.


  16. Prohibition of Class Actions and Non-Individualized Relief. By purchasing PRODUCT, and in connection with the Site, Services and Content, You agree to waive, and have waived, all rights to pursue or participate in a class or collective action (as a putative or actual class representative or member) against any entity and/or individual in the CityPASS Group. You agree that Claims and Intellectual Property Claims made and remedies sought as part of a class action, attorney general or other representative action are specifically excluded and prohibited.


  17. Miscellaneous.


    17.1 Geographic Restrictions. CityPASS is based in the State of Idaho in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Site, Services and/or Content may not be legal by certain persons or in certain countries. If You access the Services from outside the United States, You do so on your own initiative and are responsible for compliance with local laws.


    17.2 Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Idaho. Except with respect to disputes to be resolved though binding arbitration in accordance with the Arbitration Agreement in Section 18, any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Services or Content shall be instituted exclusively in the federal or state courts located in the State of Idaho. You agree to waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.


    17.3 Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.


    17.4 Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.


    17.5 Entire Agreement. These Terms of Use, including our Privacy Policy found at broadway.citypass.com/privacy-policy, constitute the sole and entire agreement between You and CityPASS with respect to Site, Services, Content and your purchase of any PRODUCT, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.


  18. Contact Us


    If you have any questions about these Terms of Use or the Services, you may call us at (888) 330-5008 or email us at info@citypass.com.


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