Time remaining to purchase tickets
NO UNLAWFUL OR PROHIBITED USE
CLAIMS OF COPYRIGHT INFRINGEMENT
CHILDREN AND MINORS
YOUR MEMBERSHIP ACCOUNT
USER GENERATED CONTENT
MONITORING OF SITE
USERS FROM OUTSIDE THE UNITED STATES
LINKS TO THIRD PARTY SITES
PRODUCT AND SERVICE DESCRIPTIONS
LIMITATION OF LIABILITY
APPLICABLE LAW AND DISPUTES
CHANGES TO AGREEMENT
Effective Date: April 17, 2017
The Site is operated by or on behalf of the Pittsburgh Cultural District ("Cultural District") and is dedicated to the promotion of the Cultural District and its member organizations: August Wilson Center, Pittsburgh Ballet Theatre, Pittsburgh CLO, The Pittsburgh Cultural Trust, Pittsburgh Opera, Pittsburgh Public Theater, and Pittsburgh Symphony (collectively, "Member Organizations"). The terms "we," "our," "ours" and "us" refer to the Cultural District and, as appropriate, one or more Member Organizations.
This Agreement does not govern the use of the websites of the Member Organizations unless expressly stated in this Agreement.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE.
BY USING THE SITE, YOU AFFIRM THAT:
• YOU HAVE READ AND UNDERSTAND THIS AGREEMENT
• YOU WILL COMPLY WITH THIS AGREEMENT; AND
• YOU ARE AT LEAST THE AGE OF LEGAL MAJORITY IN YOUR PLACE OF RESIDENCE AND OTHERWISE LEGALLY COMPETENT TO ENTER INTO CONTRACTS.
ELECTRONIC COMMUNICATIONSWhen you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in a writing delivered to you.
NO UNLAWFUL OR PROHIBITED USE
You agree that, while using the Site, you will comply with all applicable laws, rules and regulations and that you will not:
• Restrict or inhibit any other visitor or member from using the Site by hacking, attacking or defacing any portion of the Site or otherwise;
• Use the Site or Materials (as defined below) for any unlawful purpose;
• Express or imply that statements you make are endorsed by us, unless and until you have our express prior written consent;
• Impersonate any person or entity, whether actual or fictitious, including any employee or representative of the Cultural District or its Member Organizations;
• Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisement or unsolicited commercial communication (except as otherwise expressly permitted by us);
• Engage in spamming or flooding;
• Transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive or malicious nature;
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained on the Site;
• "Frame" or "mirror" any part of the Site;
• Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device or process to retrieve, book tickets, index, data mine or in any way reproduce or circumvent the navigational structure, purchase flow or presentation of the Site or its contents without our prior written consent, including with respect to any CAPTCHA displayed on the Site. Notwithstanding the foregoing, operators of public search engines are permitted to 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 reserve the right to revoke these exceptions either generally or in specific cases;
• Harvest or collect information about users of the Site without their express written consent;
• Take any action that, as determined by us in our sole discretion, imposes or may impose an unreasonable or disproportionately large load on our (or our third party providers') technology 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; or
• Use any passcode or password, regardless of whether or not such passcode or password is unique, to participate in a presale or other offer on the Site if you are not the original recipient of such passcode or password (i.e., if you did not receive the passcode or password from the Pittsburgh Cultural Trust, or from the fan club or other organization with whom the Pittsburgh Cultural Trust is working to enable such presale or offer) or if your participation in such presale or other offer is inconsistent with such presale's or offer's terms.
PROPRIETARY RIGHTSAll content provided on or through the Site, such as data, text, graphics, logos, button icons, images, photographs, illustrations, audio and video clips, designs, digital downloads, data compilations, icons, links and software, as well as the selection, sequence and "look and feel" and arrangement of items (and any intellectual property and other rights relating thereto)(collectively, the "Materials") is the property of the Cultural District or its content suppliers and is protected by national and international copyright laws.
Subject to your compliance with this Agreement, you may download one (1) copy of any Materials displayed on the Site, and you may use such downloaded Materials solely for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained therein. You may not use, reproduce, modify, display, publicly perform, distribute, or create derivative works of the Site and/or Materials or circumvent any technological measure that effectively controls access to the Site and/or Materials in any way including, without limitation, by manual or automatic device or process, for any purpose. Use of the Site and Materials for any purpose other than as expressly authorized in this Agreement is a violation of our copyrights and other proprietary rights, and is strictly prohibited.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of Cultural District and its licensors and suppliers and others. The Trademarks owned by Cultural District, whether registered or unregistered, may not be used in connection with any product or service that is not offered by Cultural District or its Member Organizations, in any manner that is likely to cause confusion with customers, or in any manner that disparages or discredits Cultural District or its Member Organizations. Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Cultural District or its licensors or suppliers, or the third party owner of any such Trademark. Misuse of any Trademarks is prohibited, and Cultural District will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings. The Site is protected by U.S. and international copyright, trademark and other laws, and you acknowledge that these rights are valid and enforceable. You further acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
CLAIMS OF COPYRIGHT INFRINGEMENTThe Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Cultural District infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Cultural District to locate the material on the Site; (d) the name, address, telephone number and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices with respect to the Site should be sent to address listed under "Contacting Us" below.
MINORSThe Site is not intended for or directed to minors. If you are younger than the age of a majority in your state of residence, then you must have the consent of your parent or guardian before using the Site. If you do not meet these requirements, please discontinue using the Site immediately.
YOUR MEMBERSHIP ACCOUNTYou may browse the Site and view content without registering, but as a condition to using certain aspects of the Site, you may be required to register with Cultural District, create a member account and select a password and screen name ("User ID"). You shall provide Cultural District with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your member account. Cultural District reserves the right to refuse registration, cancel a User ID or deny access to the Site at any time in its sole discretion. You are responsible for maintaining the confidentiality of your account and User ID and for restricting access to your computer, and you agree to accept responsibility and liability for all activities that occur under your account or User ID. You shall never use another user's account without such other user's express permission. You will immediately notify Cultural District in writing of any actual or suspected unauthorized use of your account, or other account related security breach of which you are aware or that you suspect may have occurred.
USER GENERATED CONTENTCultural District may host message boards, blog feeds and other forums found on the Site (collectively, the "Forums"), and you may have the ability to provide or upload to us creative suggestions, ideas, notes, concepts, information, content, audio recordings, videos, photographs, graphics, artwork or other copyrighted works and materials (collectively, "User Generated Content"). No areas of the Site may be used by our users for any commercial purposes such as to conduct sales of tickets, merchandise or services of any kind.
By sending or transmitting User Generated Content to us, or by posting such User Generated Content to any area of the Site, you grant us a perpetual, worldwide, non-exclusive, unlimited, transferable, sublicenseable (through multiple tiers), assignable, royalty-free, and irrevocable right and license to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, display, store, digitally perform, publish (on the Site, on any other website(s), in print, radio, television or elsewhere), make, have made, sell, offer for sale, import and commercialize User Generated Content, or any portion thereof, in any manner and context (including but not limited to usage in commercial, advertising or promotional materials), now known or in the future discovered, in Cultural District's sole discretion, in any way, in any and all media now known or hereafter discovered, without limitation and without any compensation or acknowledgment to you or any third party. None of the User Generated Content will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Generated Content. If Cultural District does decide, in its sole discretion, to attribute User Generated Content to you, you hereby grant Cultural District the right to use your name with respect to such attribution, and you hereby waive any claims (including, without limitation, any privacy or publicity rights claims) with respect to such use of your name. For clarity, the foregoing license grant to Cultural District does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to the material in your User Generated Content, unless otherwise agreed in writing.
You further acknowledge that Cultural District (a) is under no obligation to post, display or otherwise use any User Generated Content, and (b) has no obligation whatsoever to pay you any royalty or other amounts on any revenues or other consideration that Cultural District receives directly or indirectly from the use or display of your User Generated Content or otherwise from the exercise of Cultural District's rights granted under this Agreement. You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Cultural District or its Member Organizations and/or licensors, or any other person, on the grounds that any use of User Generated Content, or any derivative works thereof, infringe any of your rights as creator of the User Generated Content, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or "droit moral."
You acknowledge that a large volume of information may be available in our Forums and that people participating in such Forums may occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, offensive, indecent, objectionable, obscene, threatening, or harassing, or that encourages any such conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Cultural District with respect thereto. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Cultural District community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Cultural District. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. If notified by a user of User Generated Content that allegedly does not conform to this Agreement, Cultural District may in its sole discretion investigate the allegation and determine in its sole discretion whether to remove the User Generated Content.
You shall be solely responsible for your own User Generated Content and the consequences of posting or publishing your User Generated Content. You affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the User Generated Content and to grant the rights and licenses to Cultural District under all patent, trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all User Generated Content in the manner contemplated by the Site and this Agreement; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person shown or depicted in the User Generated Content to use the name or likeness of such person in the manner contemplated by the Site and this Agreement or, if such persons are minors, the written consent, release, and/or permission of such minor's parent or legal guardian.
MONITORING OF SITEWe reserve the right to monitor use of the Site, including the Forums and the User Generated Content. However, we are under no obligation to do so, and we assume no responsibility or liability arising from our doing so or failure to do so. We may alter or remove any User Generated Content. We may disclose User Generated Content and the circumstances surrounding its transmission to any third party in order to operate the Site properly, to protect ourselves, our sponsors and our members and visitors, and to comply with legal obligations or governmental requests.
USERS FROM OUTSIDE THE UNITED STATESThe Site is primarily directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
PRODUCT AND SERVICE DESCRIPTIONSAlthough the Cultural District strives to provide Materials that are both useful and accurate, the nature of the data and other information contained on the Site is subject to frequent change. Accordingly, although the Cultural District endeavors to use reasonable care in assembling the Materials, the Materials may not be up-to-date, accurate or complete.
Descriptions or images of, or references to, products or services on the Site do not imply Cultural District's approval or endorsement of such products or services, including Materials that have been contributed to the Site by various artists, sports teams and other persons. We reserve the right, without prior notification, to change such descriptions or references; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotions; to bar any user from making any or all transaction(s); to limit the order quantity on any product or service; and/or to refuse to provide any user with any product or service. Verification of information applicable to a purchase may be required prior to acceptance of any order by Cultural District or any of its Member Organizations. Price and availability of any product or service are subject to change without notice. Performance dates, times, cast, artist and program are subject to change without notice. Refunds and exchanges will be subject to the presenting organization’s refund and exchange policies then in effect. Unless otherwise noted, tickets cannot be refunded or exchanged.
DISCLAIMERSYou use the Site at your own risk. If your use of the Site or the Materials results in the need of servicing or replacing property, material, equipment or data, Cultural District is not responsible for those costs. THE INFORMATION, SOFTWARE AND SERVICES PUBLISHED OR MADE AVAILABLE ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION ON THE SITE. CULTURAL DISTRICT AND ITS AGENTS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME WITHOUT NOTICE. THE MATERIALS ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS OR MATERIALS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH MATERIALS AND FUNCTIONS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, SERVICING, REPAIR, OR CORRECTION TO THE EQUIPMENT AND SOFTWARE YOU USE TO ACCESS THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITYTO THE EXTENT PERMITTED BY APPLICABLE LAW, NONE OF CULTURAL DISTRICT OR ITS OFFICERS, DIRECTORS, EMPLOYEES OWNERS AND AGENTS ARE OR SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE OR MATERIALS OR FUNCTIONS ON THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU OF CULTURAL DISTRICT AND OUR OFFICERS, DIRECTORS, OWNERS OR AGENTS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT OR TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO CULTURAL DISTRICT, IF ANY, FOR ACCESSING THE SITE. Any cause of action arising from or in connection with this Agreement shall be asserted within one (1) year of the date upon which such cause of action accrued, or the date upon which the complaining party should have reasonably discovered the existence of such cause of action, whichever is later.
You acknowledge and agree that the above limitations of liability, together with the other provisions in this Agreement that limit liability, are essential terms and that Cultural District would not be willing to grant you the rights set forth in this Agreement but for your agreement to the above limitations of liability.
YOU FURTHER AGREE THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THIS AGREEMENT FAILS OF ITS ESSENTIAL PURPOSE.
INDEMNIFICATIONYou agree to indemnify, defend and hold harmless Cultural District and its information providers, suppliers, advertisers, sponsors, licensors, and licensees, and their respective directors, officers, employees, consultants, agents and other representatives (collectively, the "Indemnified Parties"), from and against any and all liabilities, losses, claims and expenses (including attorneys' reasonable fees) incurred by the Indemnified Parties and arising directly or indirectly out of or from (a) your breach of any provision of this Agreement; (b) any allegation that any User Generated Content or other materials you submit to us or transmit to the Site infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site. You agree to use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
APPLICABLE LAW AND DISPUTESThis Agreement and the resolution of any dispute that is related to this Agreement, your use of the Site or the products or services you purchase through the Site shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania and is subject to applicable copyright and intellectual property laws, without giving effect to any principles of conflicts of law.
Any such dispute will be solely and finally settled in Pennsylvania by binding arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association (collectively, "AAA Rules"). A single arbitrator will be selected in accordance with the AAA Rules. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The non-prevailing party in the arbitration shall pay the fees and expenses of the arbitrator(s) and the costs of arbitration and the enforcement of any award rendered therein, including the attorneys' fees and expenses of the prevailing party. The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. However, to the extent that, in the view of the Cultural District you have in any manner violated or threatened to violate the Cultural District’s intellectual property rights, the Cultural District, or as applicable, a Member Organization, may seek injunctive or other appropriate relief in any state or federal court in the state of Pennsylvania, and you consent to exclusive jurisdiction and venue in such courts.
The arbitrator will not, have the power to award punitive or exemplary damages, the right to which each party hereby waives. The arbitrator will apply applicable law and the provisions of this Agreement and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. The arbitrator’s decision must be with written explanation and remain confidential.
If any provision of the agreement to arbitrate is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will a class, representative or private attorney general arbitration be permitted). For purposes of this section, this Agreement and related transactions are subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
TERMINATIONYou may stop using the Site at any time. We also may stop providing the Site or create limits on use of the Site, whether specifically to you or generally. This Agreement shall remain effective until terminated in accordance with its terms. We reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, if you fail to comply or if we reasonably believe that you have not complied with any term or condition of this Agreement. Termination will not limit any of our other rights or remedies. Any provision that must survive in order to give proper effect to the intent and purpose of this Agreement shall survive termination.
CHANGES TO AGREEMENTThis Agreement may be amended from time to time. We will provide you with advance notice of material amendments to this Agreement. We will not make amendments that have a retroactive effect unless we are legally required to do so or to protect other users of the Site. Notice of changes will be posted on this webpage and the "Effective Date" at the head of this Agreement will be revised. We encourage you to visit the Site regularly so that you can become aware of the most current version. Your continued use of the Site after we make changes to this Agreement will constitute, and will be deemed to be, your acceptance of and agreement to such changes. As of the Effective Date, the amended version of this Agreement supersedes all previous versions of or agreements, notices or statements about this Agreement.
MISCELLANEOUSOur failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you. This Agreement may not be amended unless in writing. If any provision of this Agreement is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used. Nothing contained in this Agreement will be deemed to constitute us or you as the agent or representative of the other or as joint venturers or partners. This Agreement inures to the benefit of and will be binding upon our and your permitted successors and assigns. You must not transfer any of your rights or obligations under this Agreement to anyone else without our prior written consent; all of our rights and obligations under this Agreement are assignable.
Or by mail at:
Cultural District Website
c/o The Pittsburgh Cultural Trust
803 Liberty Avenue
Pittsburgh, PA 15222
Box Office: 412-456-6666