Terms & Conditions
Updated May 4, 2012
The Metropolitan Opera Family of web sites (www.metoperafamily.org) is comprised of two websites: The Metropolitan Opera's website (www.metopera.org) and The Metropolitan Opera Shop’s website (www.metoperashop.org). These Terms and Conditions of Use apply to both sites, and by entering either of these sites 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.
Proprietary Rights and Restrictions on Use
The contents of the Met Opera Family of websites, which include, without limitation, text, audio, graphics, music, video, data, images, software and web site appearances and design ("Contents"), are the property of the Metropolitan Opera, 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 the Met including without limitation, "Metropolitan Opera," "Metropolitan," "Met," "Met Titles," "MetOpera," "At the Met," “Met Opera on Demand”, "Metropolitan Opera Shop," "Met Opera Shop," " Metropolitan Opera International Radio Broadcasts" and "Opera News" ("Names"), are the property of the Metropolitan Opera or the Metropolitan Opera Guild. All rights in and to the websites, 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.metoperafamily.org 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 website or networked computer environment is prohibited and is a violation of the Met’s proprietary rights.
THE CONTENTS AND THE MET OPERA FAMILY OF WEBSITES 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 MET OPERA FAMILY OF WEB SITES IS 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 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 WEBSITES OR IN THE CONTENTS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER(S) THAT MAKE THE WEBSITES 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 MET OR 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 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 MET OPERA FAMILY OF 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 MET OPERA FAMILY OF WEBSITES, YOU WAIVE ANY CLAIMS YOU MAY HAVE AGAINST THE MET WHICH MAY RESULT FROM YOUR USE OR INABILITY TO USE THE SITES. IF YOU ARE DISSATISFIED WITH THESE WEBSITES 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'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 WEBSITES.
You agree, at your sole cost and expense, to indemnify, defend and hold harmless the Metropolitan Opera, 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 Met Opera Family of web sites or any product or service related thereto.
Tickets and Merchandise
Your purchases of tickets to the Met, of merchandise from the Met Opera Shop, of memberships or of 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 Met Opera Family of web sites, 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 websites at email@example.com.
Met Opera on Demand
These terms and conditions are in addition to the Terms and Conditions set forth above.
System Requirements. Use of Met Opera on Demand requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of Met Opera on Demand involves hardware, software, and Internet access with sufficient bandwidth, your ability to use it may be affected by the performance of these factors. High speed Internet access is required. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.
Fees apply to Met Opera on Demand subscriptions. (a)Free Trial. The Met may offer you a one-time, free trial period to try Met Opera on Demand for free. The length of any such Free Trial may vary from time to time. You will be required to register to receive this Free Trial. If you terminate your Free Trial prior to the expiration of the Free Trial Period, you will not have any financial obligation and your credit card will not be charged. The Free Trial will expire at midnight Eastern Time on the last day of the Free Trial Period. If you do not terminate the Free Trial prior to this time, your credit card will be charged for a monthly Met Opera on Demand subscription beginning at 12:01 am on the day following the last day of your Free Trial Period. Each user is entitled to only one Free Trial. Free Trials are also limited to one credit card. Should two customers use the same credit card to register for a Met Opera on Demand Free Trial, only the first customer is eligible to receive a Free Trial.
(b) Automatic Subscription Renewal. Unless you notify us of your decision to terminate your subscription prior to its expiration, your subscription will automatically renew at the end of each subscription term. At the time of renewal, your credit card will be charged Met Opera on Demand’s then-current fees for the applicable subscription period, provided that if the fee for your subscription has increased, we will notify you at your designated email address at least fourteen (14) days prior to renewal so that you have an opportunity to elect not to renew. The six (6) month subscription for Met Members will renew into a monthly subscription if it is not terminated or another subscription term selected prior to the renewal date.
(c) Your Billing Date. Your credit card will be charged for the initial subscription term you select on the date you subscribe. Annual subscription renewals will be billed on the first day of the month following your expiration date. Monthly subscription renewals willed be billed on the first day of each month; however your first monthly renewal will not be billed until the first day of the month following your first full month subscription.
(d) Early Termination. Subscriptions are priced based on your commitment to subscribe for the selected period of time. Therefore, you will not receive any refund if you terminate your subscription prior to expiration date.
(e) Subscription Upgrades. You may upgrade your subscription at any time by selecting “Your Account” on the Met Opera on Demand page and selecting “manage your Met Opera on Demand subscriptions”. Your yearly subscription will be effective the first day of the month following your upgrade.
Rental Terms. If you rent an opera in Met Opera on Demand you have thirty (30) days to begin viewing or listening. Once you begin, you have twenty-four (24) hours to watch and/or listen to it. Stopping, pausing or restarting an opera does not extend the available time for viewing. Rentals cannot be viewed or accessed through the Met Opera on Demand iPad app. For any problems that are not addressed in “FAQs / Help”, call 212-362-6000 Monday through Saturday 10 am – 8 pm ET, Sunday 12 pm – 6 pm ET.
Other Sites and Products
You acknowledge that third-party sites that may be linked to the Met Opera Family of websites are not under the control of the Metropolitan Opera, and you agree that we are 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 Met 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 Met Opera Family of 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, 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 Met Opera Family of 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 Met Opera Family of websites is in conflict or inconsistent with this Agreement, this Agreement shall take precedence and control. The Met'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 Met Opera Family of websites 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
Sponsor: The Metropolitan Opera, Lincoln Center, New York, NY 10023.