TERMS AND CONDITIONS OF SERVICE
These Terms and Conditions of Service were last updated on February 20, 2021.
TheaterMania.com is owned and run by TheaterMania.com, Inc. These Terms and Conditions of Service (“Terms”) is an agreement made between TheaterMania.com, Inc., including but not limited to the TheaterMania Clubs and TheaterMania Streaming (“TheaterMania”, “we”, “us”, or “our”) and you (“you” or “your”). The Terms govern your access and use of the website Theatermania.com and related domains, information, features and all functionalities therein collectively referred to as “the Site”.
If you purchase any merchandise from the TheaterMania Shop, you will be directed to an affiliated website at www.theatermaniashop.com. Please review the Terms and Conditions Return Policy; for any purchases from the TheaterMania Shop.
- Restrictions on Use
- Ticket Purchase, Confirmation and Refund
- Club Membership
- TheaterMania Shop
- Promotions, Sweepstakes and Contests
- User-Generated Content
- Privacy & Electronic Communications
- Accounts, Passwords and Security
- Links to Other Third-Party Websites
- Copyright Infringement Policy
- Limitation of Liability
- Term and Termination
- Disputes, Arbitration and Choice of Law
- General Provisions
We reserve the right at our sole discretion to change these Terms from time to time, without incurring any liability or obligation, by posting the new version on the Site. You may not change these Terms in any manner.
BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME. THESE TERMS ARE A LEGAL CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO THESE TERMS IN WHOLE OR IN PART, YOU ARE NOT PERMITTED TO USE OUR SERVICES.
Restrictions on Use
The information, videos, and any other materials on the Site (“Content”) are provided for your personal use only to view Content posted on the Site, including but not limited to, streamed or other videos or recordings, event listings and descriptions, events, promotions, hotel accommodations, restaurants, and to buy tickets or packages. You agree to use the Services and Content solely for your own noncommercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
In accessing, browsing or interacting with the Site, you must not:
- copy, download, publish or distribute any Content for any purpose not authorized by these Terms;
- modify any Content or transfer any Content to any other person;
- use any Content for any public display, performance, sale or rental;
- transfer, remove, modify or alter any copyright, trademark or other proprietary notice;
- upload, live stream, submit or publish any content such as videos, recordings, images, and text;
- attempt to gain unauthorized access;
- send, upload, collect, transmit, store, use, post, publish or otherwise communicate Content that contains computer viruses, malicious program, script, or code, or any software intended to damage or alter a computer system or data or is intentionally misleading, false or impersonated any other person;
- violate any applicable laws, or infringe, violate or otherwise misappropriate the intellectual property or other rights of any third party;
- except as expressly permitted by us: scrape, reproduce, recompile, decompile, redistribute, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of our Services; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
- submit an unreasonable number of requests to our servers; or
- take any other actions to manipulate, interfere with, or damage our Services.
You acknowledge that the Services have been developed, compiled, prepared, revised, selected and arranged by Theatermania.com and others (including certain other information sources) through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort and money and constitutes valuable proprietary rights of Theatermania.com and such others. You agree to protect the proprietary rights of Theatermania.com and all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by Theatermania.com or its suppliers of content, products, services or otherwise to protect their and others’ contractual, statutory and common law rights in the Services. You agree to promptly notify Theatermania.com in writing upon becoming aware of any unauthorized access or use of the Services by any party or any claim that the Services infringes upon any copyright, trademark or other contractual, statutory or common law rights.
Ticket Purchase, Confirmation and Refund
Tickets are issued subject to the rules and regulations of the venue. Tickets cannot be exchanged or refunded after purchase.
Please check your booking before placing the order and please check your tickets on receipt, as mistakes cannot always be rectified. It is the responsibility of the ticketholder to ascertain the date and time of any pre-arranged event.
The venue management reserves the right to refuse admission and may on occasions conduct security searches to ensure the safety of the patrons. Admission of latecomers is also at the discretion (and based on the rules of) venue management.
Unless notification of your order is received from Theatermania.com, no booking is confirmed. It is your responsibility to contact TheaterMania and confirm your booking if no confirmation is received. TheaterMania is not responsible for any delay in the delivery of tickets due to circumstances beyond its control. All tickets carry a booking fee as determined by TheaterMania. By placing an order on this Site you accept all booking fees charged.
In the event of any errors, which are the direct result of actions by us, we are only responsible for the refund of the cost of the ticket. We do not cover the cost of travel or accommodation. We cannot and do not take responsibility for travel difficulties such as strikes or inclement weather, or any other circumstances beyond our control.
Tickets are sold subject to venue management’s or producer’s right to alter or vary the program, including but not limited to, changes to the advertised program or cast due to events or circumstances beyond its control without being obliged to refund monies or exchange tickets. TheaterMania cannot be held responsible for any errors or omissions on venue websites. Any complaints about the ticketholder’s ability to view the show should be made to the venue management promptly either before or during the performance.
If a ticket is re-sold or transferred for profit or commercial gain by anyone other than the production promoter, venue management, TheaterMania or one of their authorized sub-agents, it will become voidable and the holder may be refused entry to or ejected from the venue.
Neither the promoter, venue management, or TheaterMania accept responsibility for any personal property.
The acceptance of an order is not a guarantee of availability. If we are unable to fulfil your request, you will be notified at the earliest possible opportunity and an alternative may be offered.
Tickets offered by TheaterMania for specific seating at events may not always be chosen by the customer. Sometimes they are required to be assigned by TheaterMania staff in order of booking. In those circumstances, if the customer has a specific seating requirement this must be requested at least 48 hours before the event and cannot be guaranteed.
Additional terms and conditions may apply to purchases of goods, products or services and to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms by this reference. You agree to abide by such other terms and conditions. If there is a conflict between these Terms and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
A Club membership is valid for a year from the date of purchase of the membership and receipt of the Welcome email. Monthly Membership is valid for one calendar month. TheaterMania Club memberships run continuously and renew automatically on the date of membership expiration, unless cancelled by e-mail at least three (3) business days prior to the renewal. The credit card on file will be charged for renewals.
The box office may ask for identification to certify the ticket holder’s identity and, for those situations, a photo I.D. will be sufficient.
Members must present their confirmation voucher to the box office in order to pick up reserved tickets.
Members must claim their tickets at least 30 minutes before show time, or as otherwise indicated on the reservation voucher. Under all circumstances, ticket distribution is at the discretion of the box office.
On very rare occasions, a theater may decide not to honor reserved Club tickets. In this unlikely event, members are asked to cooperate fully with the theater and then inform TheaterMania. We will always make every effort to accommodate our members.
All seating locations are based on availability and are at the full discretion of the box office.
Failure to honor your confirmed reservation at the box office, (i.e. “no-showing”), could result in the revocation of membership privileges without refund, and may also result in a cancellation fee consistent with the value of the tickets reserved. Members may appeal for reactivation based on extenuating circumstances to firstname.lastname@example.org.
Resale of tickets is strictly prohibited and will result in immediate revocation of membership.
TheaterMania makes no representation as to the quality of any production attended by any member and is not liable to any member or any member’s guest(s) for any damage suffered or incurred (or believed to be suffered or incurred) for any reason whatsoever in connection with or arising from the attendance of a show or event; any and all claims in respect of the foregoing against TheaterMania being hereby waived to the fullest extent of the law.
Club Code of Conduct and Others
Each time an order is placed, a service fee per ticket is automatically charged to the member’s credit card on file. This fee will be clearly indicated and must be confirmed by the user before bookings are finalized.
Club members who reserve tickets must personally pick up their tickets at the box office for live performances. Streamed content will be available to club members virtually. Offerings are available to Club members only. Club Memberships are non-transferable.
Discretion is key: At no time may a member publicly share that they have received tickets via Club; publicly connect a show with the club; or publicly reveal that a show is papering/issuing comps. These violations will result in immediate revocation of membership without refund.
The membership fees and service fees currently charged are subject to increase at the discretion of TheaterMania management.
There are no membership or gift fee refunds, reservation service fee refunds or ticket returns or exchanges.
As a courtesy to the production, the producers request Club members remain for the entire duration of the performance.
All gift memberships must be redeemed within 1 year of purchase date.
To contact TheaterMania about the Club, please e-mail email@example.com.
TheaterMania reserves the right to revoke a membership if, in its sole judgment, management believes a member’s or member’s guest’s behavior at a Club event was inappropriate in any way.
If you purchase any merchandise from the TheaterMania shop, please read the Terms and Conditions and our Return Policy; first.
Promotions, Sweepstakes and Contests
On occasion TheaterMania, or certain advertisers or suppliers to this Site, may conduct certain promotions, sweepstakes or contests (collectively, “Promotion”) on this Site. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.
On certain sections of this Site, visitors may be permitted to: post, display and/or publish (“post”) comments, information, creative works (including but not limited to text, images, and/or photos) or other materials (“User Content”). You acknowledge and agree that you are solely responsible for any User Content that you post. You further acknowledge and agree that TheaterMania has no responsibility for, and makes no representations concerning, any User Content posted at this Site and will not be liable for any User Content that is in violation of these Terms.
With respect to all User Content that you post, you represent and warrant that:
- the material is either fully original to you or that you have all necessary rights, licenses and permissions needed to post the material at this Site (including but not limited to all copyright and right of publicity/privacy rights);
- such User Content will not infringe or violate the rights of any person or entity, or violate any governmental rule, regulation statute or law, or these Terms;
- no money will be owing to any party as a result of the posting or using the User Content or its use as contemplated by these Terms; and
- you will be responsible for all User Content submitted through your account, and for all purposes under these Terms, all User Content submitted from your account shall be deemed to have been submitted by you.
TheaterMania has no control over, and does not endorse, any User Content and expressly disclaims any and all liability in connection with any User Content. However, in connection with User Content posted at this Site, in addition to all other rights it has under these Terms, at law or in equity, TheaterMania reserves the right, in its sole and absolute discretion, to remove without notice, or refuse to post in the first instance, any User Content.
Any private or public communications, including any User Content, sought to be posted at the Site must conform, in the sole and exclusive opinion of TheaterMania, to the following rules and standards. It must:
- conform to all applicable laws, including intellectual property, privacy and defamation laws, be appropriate in the context of the general purposes of the Site;
- not be vulgar, derogatory, obscene, pornographic, patently offensive, defamatory hateful, abusive or promote racism or discrimination of any kind;
- not provide personal information, or solicit such information from any other user of the Site;
- not involve or result in the transmission of junk e-mail, unsolicited mass e-mailings, “spamming,” “spimming” or “phishing;”
- not transmit or distribute any potentially harmful programs such as Trojan horses, worms, viruses, spyware or any malicious software or code; and
- not contain any material or images owned by any other person or entity unless you have obtained all necessary rights, licenses and permissions needed to post the material and have it used as contemplated by these Terms.
Privacy & Electronic Communications
Accounts, Passwords and Security
Certain features or services offered on or through the Site may require you to open an account (including setting up an account and password). You are responsible for accuracy of the personal information you provide to use, and for maintaining the confidentiality and security of your username and passwords. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security.
You may be held liable for losses incurred by us or any other user of or visitor to the Site due to someone else using your account ID, password or account as a result of your failing to keep your account information secure and confidential, and/or as a result of failing to notify us of any unauthorized use of your account or password, or any other breach of security.
Links to Other Third-Party Websites
The Site may contain links to other independent third-party Websites (“Linked Websites”). These Linked Websites are provided solely as a convenience to our visitors. Such Linked Websites are not under TheaterMania’s control, and TheaterMania is not responsible for and does not endorse the content of such Linked Websites, including any information or materials contained on such Linked Websites. You must make your own independent judgment regarding your interaction with these Linked Websites.
The Site contains material which is derived in whole or in part from materials supplied by Theatermania.com and various other sources. The Site, including but not limited to its Content (the “Intellectual Property“), is protected by copyrights, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The Intellectual Property is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.
No License Granted
You acquire absolutely no rights or licenses in or to the Services and Content other than the limited right to utilize the Services in accordance with the Terms. Should you choose to download content from the Services, you must do so in accordance with the Terms. Such download is licensed to you by Theatermania only for your own personal, noncommercial use in accordance with the Terms and does not transfer any other rights to you.
The Services may allow individual shows and productions to post show information, editorial content, graphics and other materials (each a “Show Submission“; and together with User Submissions, “Submissions“). By communicating to Theatermania.com any Show Submissions, you grant to TheaterMania a non-exclusive, royalty-free license to publish the contents of a Show Submission in such manner and form as TheaterMania may deem appropriate for its web site, in its sole discretion. By accepting a Show Submission, TheaterMania is not agreeing to publish such Show Submission. TheaterMania reserves the right to exercise complete editorial control over the content of its web site and may in its sole discretion edit, delete or supplement the content of a Show Submission. You remain responsible for the original content provided in a Show Submission. You agree to make such representations to and agreements with TheaterMania in connection with the publication of a Show Submission that TheaterMania may reasonably request from time to time.
TheaterMania values intellectual property and respects the intellectual property rights of others and will remove materials on the Site that infringe the copyrights of others. If you believe that your copyrighted material has been infringed by material contained on this Website, then pursuant to Title 17, United States Code, § 512, you may notify TheaterMania’s Designated Agent in writing as follows:
Name of Designated Agent: Copyright Administrator.
Address: TheaterMania.com, Inc., c/o 200 Wellington, St. W., 2nd Floor, Toronto, Ontario, Canada M5V 3C7
Telephone number: +1 212 352 0255
E-mail Address: firstname.lastname@example.org
The Content is provided on an ‘as is’ and ‘as available’ basis. You use the Site and access the Content at your own risk. TheaterMania disclaims express or implied warranties of any kind (including warranties of merchantability, fitness for purpose and non-infringement of the intellectual property of a third party) to the fullest extent permitted by applicable law. TheaterMania gives no representation or assurance of uninterrupted or error free service, or that the Site will provide any specific search results, or that the Content will be available in your jurisdiction.
TheaterMania may change the Content from time to time without notice to you and makes no commitment to keep the Content up-to-date or warranty the currency, accuracy or completeness of the Content.
By accepting these Terms and using the Services, you agree that you shall indemnify and hold harmless TheaterMania, its parent, affiliates, licensors, and each of their officers, directors, other users, employees, attorneys and agents from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (i) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein; (ii) your violation of any rights of any third party, or (iii) your use or misuse of the Services.
Limitation of Liability
THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, TITLE, NON-INFRINGEMENT, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES PERMITTED BY APPLICABLE LAW.
THEATERMANIA EXCLUDES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ALL LIABILITY FOR ANY LOSS, EXPENSES OR DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF ADDITIONAL REVENUE OR OTHER CONSEQUENTIAL OR ECONOMIC LOSSES, LOSS OF GOODWILL, OR DAMAGE TO DATA, OPPORTUNITY OR SALES, OR FOR ANY PUNITIVE, INDIRECT, INCIDENTAL SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE OR OTHER INTAGIBLE LOSSES), RESULTING FROM:
- THE USE OR THE INABILITY TO USE THE SITE AND SERVICE OR ACCESS THE CONTENT, INCLUDING DAMAGES CAUSED BY MALWARE, VIRUSES OR ANY INCORRECTNESS OR INCOMPLETENESS OF ANY CONTENT YOU MAY ACCESS;
- THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO, LOSS, OR ALTERATION OF YOUR TRANSMISSIONS OR DATA SUBMITTED TO OR RECEIVED FROM THE SERVICE; OR
- ANY OTHER MATTER RELATING TO THE SERVICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE THEATERMANIA FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.
WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER APPLICABLE LAW, THE AGGREGATE LIABILITY OF THEATERMANIA TO YOU IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SERVICE SHALL IN NO EVENT EXCEED US$100.00.
NOTHING IN THESE TERMS SHALL LIMIT OR EXCLUDE OUR LIABILITY TO YOU TO THE EXTENT THAT, BY APPLICABLE LAW, SUCH LIABILITY MAY NOT BE SO LIMITED OR EXCLUDED.
Term and Termination
These Terms begin when you first access the Site and continue so long as you use the Site or have an account with us, whichever is longer. TheaterMania may terminate the agreement per these Terms at any time by providing thirty (30) days’ written notice, and applicable users may terminate at any time by deleting their accounts.
If you breach the Terms, TheaterMania may, at its option: (a) terminate these Terms immediately, with or without advance written notice; (b) suspend, delete, or limit access to your account or any content within it; and (c) to the extent permitted by applicable law, retain any amounts payable to you (which you forfeit). If TheaterMania deletes your account for breach, you may not re-register.
In the event of any termination or expiration, the following sections will survive: Section 12 (Disclaimer), Section 13 (Indemnification), Section 14 (Limitation of Liability), Section 16 (Disputes, Arbitration and Choice of Law), and Section 17 (General Provisions).
Disputes, Arbitration and Choice of Law
If you are dissatisfied with our Services for any reason, please contact us first so that we can try to resolve your concerns. Use of this Site and these Terms shall be governed by the laws of the State of New York of the United States of America, without regard to its conflict of law provisions.
In the event that any portion of these Terms are deemed unenforceable, unlawful or void by a tribunal of competent jurisdiction, in any jurisdiction for any reason, unless narrowed by construction, such portion of these Terms shall, for purposes of such jurisdiction only, be construed as if such invalid, prohibited or unenforceable portion had been more narrowly constructed so as not to be invalid, prohibited or unenforceable (or if such provision cannot be drawn narrowly enough, the tribunal making any such determination shall have the power to modify such portion of these Terms to the extent necessary to make such portion of these Terms enforceable in such jurisdiction, and such portion shall then be applicable in such modified form in such jurisdiction).
If, notwithstanding the foregoing, any such portion of these Terms would be held to be invalid, prohibited or unenforceable in any jurisdiction for any reason, such portion, as to such jurisdiction only, shall be ineffective to the extent of such invalidity, prohibition or unenforceability, without invalidating the remaining provisions set forth in these Terms. No narrowed construction, modification or invalidation of any portion of the Terms shall affect the construction, validity or enforceability of such portion in any other jurisdiction. No waiver by TheaterMania of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or of any other term or condition, and TheaterMania’s failure to assert any right or demand compliance with any provision of these Terms shall not be deemed to constitute a waiver of any such right or provision.
Except where prohibited by law, as a condition of accessing and/or using the Site, you agree that (1) any and all disputes and causes of action arising out of or connected with this Site shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration in New York within one year from the date that the cause of action arose (or, if multiple cause of actions are involved, from the date that the first cause of action arose), with such arbitration conducted pursuant to the then prevailing rules of the American Arbitration Association; and (2) judgment upon such arbitration award may be entered in any court having jurisdiction. To the fullest extent permitted by law, no arbitration brought pursuant hereto shall be joined to any other action or arbitration.
By accessing and/or using the Site, you waive all rights to claim incidental, consequential or any other damages (including multiplied and/or increased damages and/or attorneys’ fees and court costs) for, any dispute or cause of action that you may have that relates in whole or part to this Site and/or the Content.
Notwithstanding anything to the contrary set forth in these Terms, TheaterMania may at any time seek injunctive or other appropriate relief against you and/or against others, in any state or federal court in the state of New York and/or in any other court that has jurisdiction, in the event that TheaterMania believes that there is a violation, or a threatened violation, of any of TheaterMania’s intellectual property rights and, in such case, you hereby consent to the exclusive jurisdiction and venue of such court.
Waiver and Severability of Terms: The failure of TheaterMania to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Access Outside the United States: Theatermania.com makes no representation that the materials provided at this web site are appropriate or available for use in locations outside of the United States, its territories and possessions. If you use the Services from other locations, you are responsible for compliance with applicable local laws. Some software used in connection with the Services may be subject to export controls imposed by the United States and may not be downloaded or otherwise exported or re-exported: (a) into (or to a national of or resident of) any country to which the U.S. has placed an embargo; (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders. If you download or use the Services, you represent and warrant that you are not located in, or under the control of, a national or any such country on any such list.
Copyright: The Site materials are Copyright © 1999-2021 Theatermania.com, Inc. All rights reserved. TheaterMania is a trademark of Theatermania.com, Inc. All other marks, not otherwise attributed, that appear throughout this Site belong to Theatermania.com, Inc. and are protected by U.S. and international copyright and trademark laws. Any use of these marks without the express permission of TheaterMania is strictly prohibited.
Notices: You must send any notices of a legal nature to us by email email@example.com. Official correspondence must be sent by regular U.S. mail or by overnight courier to: TheaterMania.com, Inc., Attn: Legal Department, c/o 200 Wellington, St. W., 2nd Floor, Toronto, Ontario, Canada M5V 3C7.