Terms and conditions
Last modified: January 22, 2018
The following Terms and Conditions constitute a legal document that describes your rights and responsibilities as a user. It applies to the Website and to the related online and mobile services offered on the Website (collectively, the “Services”).
1. Recent updates
We reserve the right to make modifications to these Terms and Conditions from time to time in order to adapt it to any changes in applicable laws or our activities. The date of the latest version of the Terms and Conditions is indicated at the top of this page. By continuing to use our Website and/or Services, you are consenting to any changes to the Terms and Conditions.
This Website contains information including applications, special offers, press releases, photographs, graphics, text, images, logos, icons, designs, software, audio and video material, trademarks, proprietary information and other material (collectively "Content") belonging to Blue Man Group Holdings, LLC and its affiliates, related entities, partners and all of their respective officers, directors, agents, representatives and employees) and/or to third parties who may associate themselves with us for the presentation of shows and any other activities.
You acknowledge that the Content belongs exclusively to its respective owner and is protected by applicable intellectual property rights and other laws, include copyright. It is therefore forbidden to copy, modify, amend, delete, augment, publish, transmit, use in a misleading way, create derivative works of, create or sell products derived from, display or post, or in any other way exploit or use such Content except as expressly provided herein or without the express authorization of each respective owner.
No right, title or interest in any Content on this Website, including, without limitation, the logos and other marks of Blue Man Group, is transferred to you as a result of your use of the Website, and Blue Man Group or any respective owners of the Content retain full and complete ownership of all rights, title and interest in and to such Content.
Our Website features hyperlinks to other websites that we do not control. You should note that these websites are subject to the respective terms and conditions of the operating third parties and that we are not responsible for the content of these Websites. A hyperlink from our Website to another website that does not belong to Blue Man Group does not mean or imply that we approve of or recommend the content of such other website.
3. Your Obligations as a User
To use the Website, you must have reached the legal majority as prescribed by local laws where you are visiting the Website. You may use information about Blue Man Group purposely made available by us for downloading or copying from our Website, provided that:
- you do not modify this information or remove any copyright, trademark and other intellectual or proprietary rights notices;
- you use such information solely for your personal, non-commercial purposes and do not post this information on the Internet, any website, any networked computer or broadcast it in any media; and
- you do not make any representations or warranties relating to such information.
Any illegal or unauthorized use of our Website shall constitute a violation of these Terms and Conditions. You do not have permission to access our Website in any way that violates these Terms and Conditions, the laws or regulations of the United States of America, Canada or the country from which you are visiting our Website. Illegal or unauthorized use of our Website includes:
- reverse-engineering, de-compiling or otherwise investigating the Website;
- using the Website in a way that would facilitate illegal ticket sales, copying, modifying, deleting, augmenting, publishing, transmitting, creating derivative works of, creating or selling merchandise derived from our Content or in any other way exploit our Content, in whole or in part;
- using any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to illegally gain access, acquire, copy or monitor any portion of this Website or any network connected to the Website or reproduce or circumvent the navigational structure or presentation of the Website or any Content; or
- interfering with the security of the Website or using any software or mechanism to harvest or collect information for commercial purposes.
By visiting this Website, you agree not to post, publish, transmit or communicate messages that might involve a criminal offence or that could be detrimental to Blue Man Group.
4. Review and Comments Section
This review and comments section (“Public Forum”), open to everyone and with moderator, is dedicated to Blue Man Group activities. By using the Public Forum, you agree to post only appropriate, concise, polite messages that correspond to the Public Forum's theme and agree not to use obscene, profane or threatening language in any message posted on the Public Forum.
You agree not to submit any content that violates any copyright, intellectual property or privacy rights of any third party, nor any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, illegal (under Canadian, U.S. or foreign law) or otherwise objectionable. It is also prohibited to submit any executable files or any computer codes or programs to or through the forum or the Website.
Any content you submit is for non-commercial use only. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, "Comments") sent to Blue Man Group shall be and remain the exclusive property of Blue Man Group. Your submission of any such Comments shall constitute an assignment to Blue Man Group of all worldwide right, title and interest in all copyrights and other intellectual property rights in and to the Comments. Blue Man Group will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any Comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer codes or original artwork.
You are solely responsible for the content of any message you post on the Public Forum and Blue Man Group assumes no liability for any content you submit. Blue Man Group may, but is not legally obligated to, restrict or remove any and all content from a message that we determine in our sole discretion violates these guidelines or is otherwise harmful to us, other guests to this Website or any third party. Blue Man Group reserves the right to purge the content you provide after ninety (90) days of creation.
5. Contest and sweepstakes
We may offer you to enter contest and sweepstakes in connection with our shows and other activities. All contest and sweepstakes are subject to their own terms and conditions and are void where prohibited. By submitting your participation to a contest or sweepstake, you agree to all related special terms and conditions.
6. DISCLAIMERS OF WARRANTIES
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL INFORMATION ON THE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND WITH RESPECT TO THIS WEBSITE AND ITS CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, BLUE MAN GROUP HOLDINGS, LLC. DOES NOT ENDORSE, WARRANT OR REPRESENT THAT: (I) THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT; (II) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (III) USE OF THE WEBSITE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE AND/OR VIRUS-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (V) THE QUALITY OF ANY SERVICES OR INFORMATION OBTAINED BY YOU THROUGH THE WEBSITE OR THAT SUCH SERVICES OR INFORMATION WILL MEET YOUR EXPECTATIONS; (VI) THE SERVERS THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (VII) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
NOT WITHSTANDING THE FOREGOING, THESE DISCLAIMERS DO NOT EXCLUDE ANY PRODUCT LIABILITY CLAIMS, STATUTORY CONSUMER RIGHTS, DAMAGES ASSOCIATED WITH PERSONAL INJURY OR RESULTING FROM BLUE MAN GROUP’S INTENTIONAL MISCONDUCT, RECKLESSNESS, FRAUD, OR GROSS NEGLIGENCE.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL BLUE MAN GROUP HOLDINGS, LLC OR ANY OF ITS AFFILIATES, RELATED ENTITIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES, AGENTS OR THIRD PARTIES WITH WHOM BLUE MAN GROUP HOLDINGS, LLC ASSOCIATES ITSELF FROM TIME TO TIME, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE USE OF OR THE INABILITY TO USE THE WEBSITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR RESULTING FROM ANY SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OF DATA, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA OR OTHER INTANGIBLES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE WEBSITE, OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE.
IN CERTAIN CASES, APPLICABLE LAWS MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY IN SUCH PARTICULAR CASES. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN AGGREGATE LIABILITY OF BLUE MAN GROUP HOLDINGS, LLC AND ITS AFFILIATES, RELATED ENTITIES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, ADMINISTRATORS, REPRESENTATIVES, AGENTS OR THIRD PARTIES WITH WHOM BLUE MAN GROUP HOLDINGS, LLC ASSOCIATES ITSELF FROM TIME TO TIME UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS (US $100). SHOULD THE LIMITATION OF LIABILITY SET FORTH ABOVE NOT APPLY IN ANY PARTICULAR CASES, ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATED TO THE USE OF THE WEBSITE OR ITS TERMS AND CONDITIONS MUST BE FILED WITHIN ONE (1) YEAR FOLLOWING THE DATE ON WHICH SUCH CLAIM OR CAUSE OF ACTION FIRST AROSE.
You are responsible for the downloading of files, the distribution of information and the transmission of data by your computer system. If you cause damage to this Website or harm to Blue Man Group Holdings, LLC, or if somebody else uses your name and password to cause damage to this Website or harm to Blue Man Group Holdings, LLC, you will be held responsible. Do not reveal your password to anyone.
In addition, you agree to indemnify and hold harmless Blue Man Group Holdings, LLC, its affiliates and other related entities, their officers, employees, administrators, representatives and agents, and all other persons acting on their behalf, from and against all claims, actions, damages or other demands, including reasonable attorney fees and expenses arising from or in connection with your breach of these Terms and Conditions.
9. Suspected Violation
You acknowledge and agree that we may, at our sole discretion and without prior notice, terminate your access to our Website or exercise any other remedy we see fit, including civil, criminal and injunctive remedy, if we deem, at our sole discretion, that your conduct or the conduct of any person whom we believe you are acting in concert with, violates or is in breach of these Terms and Conditions or any applicable law, or violates our rights or the rights of our affiliates, related entities or any third parties with whom we may associate from time to time, a client of Blue Man Group or any other user of our Website.
10. Governing Law
The Terms and Conditions shall be interpreted and governed by the laws of the State of New York. In case of any disputes between you and Blue Man Group. regarding your use of the Website and/or Services, such disputes shall be resolved under the laws of the State of New York, excluding its conflict of law principles, and the federal and state courts of New York shall have exclusive jurisdiction to determine all claims.
11. No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
12. Other Terms
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of that right or provision. If any term or provision of these Terms and Condition or any portion of such term or provision is held invalid or unenforceable, the remainder of these Terms and Conditions will not be affected thereby and each remaining term or provision or portion thereof will be valid and enforceable to the full extent permitted by the applicable law. In lieu of each term or provision of these Terms and Conditions which is invalid or unenforceable, there shall be added as a part of these Terms and Conditions a term or provision as nearly identical as may be possible and as may be legal, valid and enforceable.
All requests for information about our Terms and Conditions may be sent to:
Blue Man Group Holdings, LLC.
599 Broadway, 6th Floor
New York, NY 11231