Terms
&Conditions

Tickets are valid only for the event, date, time and seat indicated. Tickets purchased over the phone and on the web are subject to handling charges. In some instances, tickets purchased with a credit card at the box office may also be subject to fees. Tickets are not refundable unless the performance is canceled by NJPAC. Each person entering the theater must have a valid ticket including babes-in-arms. Patrons not in their seat at the start of a performance or who exit a performance may be subject to a delayed entrance. In some instances, delayed seating may not take place until intermission. Late seating times are established by each artist working with our house management staff. Artists, dates, times, venues and programs are subject to change. The use of audio and video recording devices of all types and the taking of still photos are not permitted inside the theater and during performances. Such activity may be a violation of copyright laws. As a courtesy to both the artists and other audience members, please silence cell phones and messaging devices and refrain from electronic communication during performances.

Food is not permitted inside the theater. Beverages may be permitted for certain performances. NJPAC recommends that children under the age of five not attend adult performances. Management reserves the right to remove individuals creating a disturbance without compensation for the cost paid for tickets.

Backpacks, suitcases, bags (excluding handbags) may not be taken into the theaters. They must be left at coat check, or when coat check is not open, with house management. Items may be checked free of charge. NJPAC reserves the right to inspect backpacks, suitcases, and bags when being checked. In some instances, NJPAC may require the inspection of all handbags and cases at point of entry to the theater lobbies. Persons with diaper bags entering the theater are subject to search at the discretion of security.

NJPAC is accessible to persons with disabilities. Persons with disabilities are advised to contact NJPAC Ticket Services at 1-888-MY-NJPAC (1-888-696-5722) before making their ticket purchase. Ticket Services staff are prepared to assist them with seating. Persons with hearing disabilities should call NJ Relay Services at 711 for assistance with connecting with our ticket services staff. Registered service animals assisting persons with disabilities are permitted in the theater.

1. Acceptance of Terms

New Jersey Performing Arts Center (“NJPAC,” “we,” “us,” or “our”) welcomes you. We’re excited that you have decided to access and use www.njpac.org (the “Website”).

NJPAC provides you access to the Website subject to the following Terms of Use, which may be updated by us from time to time without notice to you. By accessing and using the Website, you acknowledge that you have read, understood, and agree to be legally bound by the terms and conditions of these Terms of Use and the terms and conditions of NJPAC’s Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement.”). If you do not agree to any of these terms, then please do not access or use the Website.

2. Community Guidelines

Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, you hereby agree to comply with these community rules and that:

• You will not use the Website for any unlawful purpose or to engage in any commercial activities, including, without limitation, selling tickets; raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;

• You will not upload, post, e-mail, transmit, or otherwise make available any content that:

  • infringes any copyright, trademark, or other proprietary rights of any person or entity; or

  • is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or

  • discloses any personal information about another person, including that person’s name, e-mail address, postal address, phone number, credit card information, or any similar information;

• You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and

• You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password mining, or any other means.

Please be aware that the majority of the content found on or through the Website is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Website. If you do use the Website, you represent and warrant that you are at least 13 years of age.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice.

3. Description of Services

We provide access to the Website as described below.

• Visitors. No login is required for Visitors. Visitors can (a) view all publicly-accessible content, including all blogs, articles, forums, and discussion groups; (b) purchase tickets; (c) post to our blog; and (d) contact NJPAC.
• Registered Users. Login is required for all Registered Users. In addition to all the things that Visitors can do, Registered Users can save their personal information and preferences with us to facilitate their ticket purchases. NJPAC is under no obligation to accept any individual as a Registered User, and may accept or reject any registration in its sole and complete discretion.

4. Payment

When you purchase any tickets with your credit card, you hereby agree that NJPAC or its ticketing provider may immediately authorize your credit card (or other approved facility) for payment for such tickets.

If you have a question about a transaction on your credit card statement, please use the “Contact Us” section of the Website to contact customer service.

5. Sign-In Name; Password; Unique Identifiers

During the registration process for the Website, we will ask you to create an account, which includes a unique e-mail address (“Username”), password (“Password”), and perhaps certain additional information that will assist in authenticating your identity when you log-in in the future (“Unique Identifiers”).

When creating your account, you must provide true, accurate, current, and complete information. Each Username and corresponding Password can be used by only one Registered User. You are solely responsible for the confidentiality and use of your Username, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Website using one or more of them. You agree to (a) immediately notify NJPAC of any unauthorized use of your Password, Username, and/or Unique Identifiers, and (b) ensure that you exit from your account at the end of each session. NJPAC reserves the right to delete or change your Password, Username, or Unique Identifier at any time and for any reason. NJPAC will not be liable for any loss or damage caused by any unauthorized use of your account.

6. Intellectual Property

The Website and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned
or controlled by NJPAC or the party credited as the provider or owner of the Intellectual Property. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Website is the exclusive property of NJPAC and is protected by U.S. and international copyright laws. All software used on the Website is the property of NJPAC or commercial software suppliers and is protected by U.S. and international copyright laws.

Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Website (“Site Materials”) subject to the following conditions:

• The Site Materials may only be used for your personal, non-commercial use;
• The Site Materials may not be modified;
• All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted.
• The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Website including, but not limited to, the designs or layouts of the Website, individual elements of the Website’s designs, or the NJPAC logo or other “Trademarks” as defined below, without the express written permission of NJPAC, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited.
• The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the trademarks of NJPAC and other parties. Nothing contained in the Website should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of NJPAC or the third party that owns the Trademarks specific for each such use. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether NJPAC or some third party.

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Site Materials may be retransmitted without our express, written consent for each and every instance.

7. User Submissions

Any messages, suggestions, materials, photos, works of art or authorship, ideas, or concepts that are submitted through the Website by you, whether in the blog section or elsewhere (“Submitted Materials”) shall remain your property. However, you hereby grant us a non-exclusive, perpetual, worldwide, royalty-free license to modify, copy, distribute, publicly perform, publicly display, create derivative works from, sublicense, re-distribute, and use in any way and for any purpose, in any and all media now known or hereafter devised, any and all Submitted Materials, in whole or in part, including, without limitation, advertising, press, publicity, and broadcast. You additionally agree that NJPAC is free to use any ideas, concepts, techniques, or know-how contained in any Submitted Materials you send to or post on or via the Website for any purpose whatsoever, including, but not limited to, developing, manufacturing, marketing, and selling products and services based upon such information without any obligation to compensate you or anyone else for them. You represent and warrant that Submitted Materials do not infringe any third-party intellectual property rights, contractual rights, or any other rights. You agree to comply with the community guidelines set forth in Section 2 above. We shall have the right, in our sole and absolute discretion, to edit or remove any Submitted Materials, in whole or in part, which we believe violates any provision of this agreement.

Do not post your or any other person’s personal information in any message boards, blogs, or other part of the website accessible to users, including your or their telephone number, credit card information, or home, business, or e-mail address.

Any posting of such personal information is expressly at your own risk.

8. No Warranties/Limitation of Liability

We make no warranties or representations about the contents, products, or services on the website. We shall not be subject to liability for any delays or interruptions of the website from whatever cause. You agree that you use the website at your own risk.

We do not warrant that the website will operate error-free or that the website or its servers are free of computer viruses or similar contamination or destructive features. If your use of the website results in the need for servicing or replacing equipment or data, we shall not be
 responsible for those costs.

The website, the site materials, and the products and services on the website are provided on an “as is” and “as available” basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose.

In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the website, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been advised of the possibility of such damages. Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such states, our liability shall be limited to the greatest extent permitted by law. If you are dissatisfied with any portion of any of the website, any services or products, or with any of the agreement, your sole and exclusive remedy is to discontinue using the website.

9. External Sites

The Website contains various links to third-party websites, which are accessible through the Website (collectively, the “External Sites”). These links and such accessibility are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk, and pursuant to the terms of use of those External Sites.

10. Indemnification

You agree to indemnify and hold NJPAC, its employees, officers, directors, stockholders, agents, consultants, assignees, corporate affiliates, partners, contractors, professional advisors, advertisers, and any and all other individuals and organizations providing services on behalf of NJPAC, Inc. harmless from all claims, liabilities, losses, damages, and expenses (including attorneys’ fees and expenses)

arising out of or relating to (a) your use of any parts of the Website, Site Materials, Submitted Materials, Trademarks, products and services on the Website, or any information posted by you on the Website; or (b) your alleged breach of this Agreement. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

11. Digital Millennium Copyright Act

NJPAC respects the intellectual property rights of others and attempts to comply with all relevant laws. We will review all claims of copyright infringement received and remove any content, including user content, deemed to have been posted or distributed in violation of any such laws.

Our designated agent under the Digital Millennium Copyright Act (the “Act”) for the receipt of any Notification of Claimed Infringement which may be given under that Act is as follows:

NJPAC.
Attention: Mr. Warren Tranquada
One Center Street
Newark, NJ 07102

If you believe that your work has been copied on the Website in a way that constitutes copyright infringement, please provide our agent with notice in accordance with the requirements of the Act, including (i) a description of the copyrighted work that has been infringed and the specific location on the Website where such work is located; (ii) a description of the location of the original or an authorized copy of the copyrighted work; (iii) your address, telephone number and e-mail address; (iv) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; (v) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and (vi) an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

12. Termination

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.

We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

13. Compliance with Applicable Laws

The Website is based in the United States. We make no claims concerning whether the content of the Website may be downloaded, viewed, or be appropriate for use outside of the United States. If you access the Website or the content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of
your specific jurisdiction. The Website may contain references to products or services not available in all countries. NJPAC does not market all of its products or services in all countries.

14. Choice of Law, jurisdiction and Venue

This Agreement shall be governed by the laws of the State of New Jersey applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within the State of New Jersey will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement.

15. Miscellaneous

This Agreement constitutes the entire agreement between you and NJPAC, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. Any modifications to this Agreement must be set forth in writing and acknowledged by an authorized representative of NJPAC. Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

Sections 4, 6, 7, 8, 10, 12, 14, and 15 of this Agreement shall survive any termination or expiration of this Agreement or use of the Website. If any term of this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import. This Agreement may be assigned by NJPAC at any time. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Copyright 2020 NJPAC. All rights reserved.