The contents of the Guild’s websites, which include, without limitation, text, sound, graphics, music, data, images, software and web site appearances and design (“Contents”), are the property of the Metropolitan Opera Guild, or third parties, and are protected by copyrights, trademarks, service marks, trade names, trade dress, patents and other proprietary rights and laws. In addition, the Contents are copyrighted as a collective work/compilation. The names, marks, logos and other identifications of OPERA NEWS and the Guild, including without limitation, “Metropolitan Opera Guild” and “Opera News” (“Names”), are the property of the Metropolitan Opera Guild. All rights in and to the web sites, their Contents and the Names are reserved, and no part of them may be used for any commercial purpose whatsoever without our prior express written approval for each use. You acknowledge that any use or reproduction of the Names or the Contents, except as expressly permitted herein, will cause irreparable damage and you consent to the entry of injunctive relief against such use.
The Contents are available for your own use, for non-commercial and educational purposes only. Such use is subject to additional restrictions or laws that govern individual files or programs. If you are permitted to use any part of the Contents, you must cite the author and source of the Contents along with the URL (www.OPERANEWS.com, www.metguild.org, www.operainfo.org, www.operaed.org, whichever is appropriate) each time you do so. Except as set forth herein, you may not copy, publish, reproduce, transmit, frame, hyperlink, upload, post or distribute in any way, or create derivative works from the Contents, in any form or in any medium. Modification of any of the Contents, use of any of the Contents for any other purpose, or use of any of the Contents on any other web site or networked computer environment is prohibited and is a violation of proprietary rights of the Metropolitan Opera Guild.
THE CONTENTS ARE PROVIDED WITHOUT WARRANTY THAT THEY WILL MEET YOUR REQUIREMENTS, OR THAT THEY WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. THERE IS NO WARRANTY OF ANY KIND AS TO THE RESULTS OBTAINED, OR THE ACCURACY OR RELIABILITY, VALIDITY OR COMPLETENESS OF ANY INFORMATION OBTAINED. ANY DOWNLOADING OF ANY CONTENTS IS AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA WHICH MAY RESULT FROM SUCH DOWNLOAD.
THE GUILD’S WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE METROPOLITAN OPERA GUILD DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, NONINFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEB SITES OR IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITES OR THE SERVER(S) THAT MAKE THE WEB SITES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE COMPONENTS. NOR DO WE WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE CONTENTS IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, AND NOT THE GUILD, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SUCH EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
YOU EXPRESSLY AGREE THAT THE METROPOLITAN OPERA GUILD SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, FOR ANY LOSS OR DAMAGE WHATSOEVER, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, ACTUAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF INFORMATION, ARISING OUT OF THE USE OF OR INABILITY TO USE THE GUILD’S WEBSITES OR THE CONTENTS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. BY USING THE GUILD’S WEBSITES, YOU WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE GUILD WHICH MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SITES. IF YOU ARE DISSATISFIED WITH THESE WEB SITES OR THE CONTENTS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES. BECAUSE APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE EXCLUSION THEREOF MAY NOT APPLY TO YOU, BUT WILL, IN ANY EVENT, APPLY TO THE MAXIMUM EXTENT PERMISSIBLE, AND, IN NO EVENT SHALL THE METROPOLITAN OPERA GUILD’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR ACCESSING THE WEB SITES.
You agree, at your sole cost and expense, to indemnify, defend and hold harmless the Metropolitan Opera Guild jointly and severally, their officers, directors, employees, agents, affiliates and subsidiaries, from and against any and all claims, demands, judgments, losses, deficiencies, damages, liabilities, costs and expenses (including attorneys’ fees, costs of settlement, and costs of litigation or mediation) incurred in connection with, or arising out of, your violation or alleged violation of these Terms and Conditions of Use or the law of any jurisdiction or in connection with your use or inability to use the Guild’s websites or any product or service related thereto.
Tickets and Merchandise
Your purchases of tickets, subscriptions, or any other items offered on the sites are subject to additional laws, rules and policies that will appear in the shopping cart when applicable.
When you register as a user of the Guild’s websites, you will create a unique user name and password. You are responsible for maintaining the confidentiality of them and will be responsible for all activities that occur under your user name and password. Please notify us immediately if you suspect unauthorized use or a breach of security of your username or password or otherwise with respect to the web sites at email@example.com.
The Guild’s websites include areas where users can post content or comments. To insure the best experience for all users, we ask that you adhere to the following terms and conditions when posting:
Play Nice: You cannot post or in any other way publish or distribute on the Guild’s websites any material that is libelous, defamatory, pornographic, obscene, abusive, or otherwise illegal. You will not threaten or verbally abuse other users, or use language that is abusive or defamatory, post “spam,” or do anything else that disrupts discussions. Please be respectful of other users—robust discussion is wonderful, but name-calling, offensive language, or language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability, etc., is not acceptable. Hate speech of any kind is grounds for immediate and permanent suspension of access to the user-content areas of the Guild’s websites. Please be aware that personal attacks of any kind are not tolerated and may result in immediate and permanent suspension of access to the user-content areas of the Guild’s websites. While not responsible for the content of posts and comments posted by users, the Metropolitan Opera Guild reserves the right to delete, move, or edit any content that the Guild, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.
Don’t Advertise: The user-content areas of the Guild’s websites are for the purpose of discussion and sharing of information. They are not intended and cannot be used as places to post commercial information, such as solicitation of funds, advertising, or solicitation of goods and services.
Ownership: Any content that you post in the user-content areas becomes the property of the Metropolitan Opera Guild, which reserves all rights to such content, and may edit or modify such content (including how the content is displayed or formatted) as it sees fit.
Other Sites and Products
You acknowledge that third-party sites that may be linked to the Guild’s websites are not under the control of the Metropolitan Opera Guild, and you agree that the Guild is not responsible for the content, advertising, products or other materials presented on such sites and shall have no liability for any loss or damage incurred as a result of the use of such third party sites. Any concerns regarding any services or resources provided by any such site should be directed to that site. You further acknowledge and agree that any links to third-party sites provided by us do not constitute or imply any endorsement, recommendation, acceptance or favoring by the Guild of that site, any products offered therein, opinions or any content thereof.
Each Use Constitutes Acceptance
We may amend these Terms and Conditions at any time, and your use of the Guild’s websites constitutes acceptance of these Terms and Conditions stated and in effect at the time of each use.
These Terms and Conditions, and all relations between you and the Metropolitan Opera Guild, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to its conflict of law provisions. You agree that any controversy, claim or action at law or equity arising out of or relating to these Terms and Conditions or your use of the Guild’s websites or any of the Contents shall be resolved only in a state or federal court in New York County, New York, and you hereby consent and submit to the personal jurisdiction, venue, and forum exclusivity of such courts.
If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision is and shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions. To the extent anything in or associated with the Guild’s websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control. The Guild’s failure to enforce any provision of this Agreement against you or anyone else is not and shall not be deemed a waiver of such provision nor of the right to enforce such provision against you. Headings of sections contained herein are meant for convenience only and do not limit in any way the applicability or force of any provisions herein.
You further agree that regardless of any law or statute to the contrary, any controversy, claim or cause of action arising out of or relating to the Guild’s web sites and/or these Terms and Conditions must be filed within one (1) year of the date the controversy, claim or cause of action arose or be forever barred as untimely.
These Terms and Conditions constitute the entire Agreement between us and you relating to the subject matters herein and shall not be modified except as provided herein or in a writing signed by you and the Metropolitan Opera Guild.
OPERANEWS.com, www.metguild.org, www.operainfo.org, and www.operaed.org, are websites (“the Guild’s websites”) of The Metropolitan Opera Guild (www.metguild.org). By entering the Guild’s websites, you are agreeing to be bound by all applicable laws and have entered into a binding contract with us containing the Terms and Conditions of Use set forth herein.