Terms & Conditions
Last Updated: May 05, 2020
These terms and conditions (collectively, the “Terms”) constitute a legal agreement between you and The Public Theater (“us”, “our” or “we”) in connection with the use of this web site www.publictheater.org (and all services available thereon, the “Site”). By visiting or using the Site, you hereby expressly acknowledge and agree to be bound by these Terms, and any future amendments and additions to these Terms as published from time to time on the Site.
We reserve the right to modify these Terms at any time, effective upon posting of an updated version of these Terms on the Site. You are responsible for regularly reviewing these Terms. Continued use of the Site after any such changes shall constitute your consent to such changes.
- Visitors; Supporters/Partners
You do not have to be a Public Theater Supporter/Partner to view information on the Site but only Supporters/Partners will have access to certain content and features on the Site. By becoming a Supporter/Partner you agree to provide (i) true, accurate, current and complete information about yourself (including account number) as prompted by the registration form, and (ii) maintain and properly update your account information to keep it true, accurate, current and complete. If you provide information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that you have, or you violate these Terms, as determined in our sole discretion, we have the right to suspend or terminate your membership and refuse any and all current or future use of the membership.
Tickets to Events. By purchasing a ticket online to any Public Theater event, including Joe’s Pub and Astor Season, you agree that it is your responsibility before a ticket is issued to verify that all information regarding the ticket, including date, time and seats, is accurate as there are no refunds once the transaction is complete. Pending ticket availability a ticket exchange may be possible for a fee, except for tickets sold for Joe’s Pub shows and events. Ticket orders are subject to a $6 per ticket service fee and a $2 per ticket facility fee. Service fees are waived when you buy in person at the box office. All fees are waived for Public Theater Supporters and Partners. The Public Theater reserves the right to place limits on the number of tickets available for purchase. Performers and performance schedules and other event details are subject to change. Seat locations are only guaranteed until the scheduled curtain and latecomers will be seated at the discretion of theater management. Tickets obtained from unauthorized sources may have been lost, stolen, or obtained improperly. Any such tickets obtained are at your own risk. The use of a ticket acknowledges your willingness to appear in photographs and videos taken in public areas of the theater and releases The Public Theater from any and all liability from use of such photographs and images. The Public Theater is not responsible for lost or stolen property. A ticket constitutes a revocable license and the management reserves the right to refuse admission or revoke a ticket at any time, for any reason. Your ticket may not be copied or reproduced in any form.
Attendance at Events. THE USE OF CAMERAS, RECORDING DEVICES, CELL PHONES, BEEPERS, AND OTHER ELECTRONIC DEVICES DURING PERFORMANCES IS STRICTLY PROHIBITED UNLESS IN CONJUNCTION WITH AN ASSISTED LISTENING/CAPTIONING DEVICE PROVIDED BY OR EXPRESSLY AUTHORIZED BY THE PUBLIC THEATER IN WRITING. LATECOMERS WILL BE SEATED AT THE DISCRETION OF MANAGEMENT. Accessible seating is intended for patrons with mobility disabilities only.
License Grant, Restrictions and Copyright Policy
- Licenses Granted by Us to Content and User Content
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license: (i) to view, download and print any text, graphics, images, audio, video, information or other materials (collectively, “Content”) that we make available on the Site solely for your personal and non-commercial purposes; and (ii) to view any Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site (as further described below, “User Content”) to which you are permitted access solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.
You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Content, User Content or the Site, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by us or our licensors, except for the limited licenses and rights expressly granted in these Terms.
- License Granted by User
We may, in our sole discretion, permit users of the Site to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site, you hereby grant to us a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit such User Content only on, through or by means of the Site. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit your User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site or you have all rights, licenses, consents and releases that are necessary to grant to us and to the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or our use of the User Content (or any portion thereof) on, through or by means of the Site will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
- Prohibitions. When using the Site, you shall not:
- license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available Content on the Site to any third party;
- modify or make derivative works based upon the Site;
- create Internet “links” to the Site on any other server or wireless or Internet-based device;
- launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program that may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Site;
- send spam or otherwise duplicative or unsolicited messages to any email associated with the Site;
- send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third-party privacy rights;
- send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs;
- interfere with or disrupt the integrity or performance of the Site or the data contained therein; or
- attempt to gain unauthorized access to the Site or its related systems or networks.
We have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that we have no obligation to monitor your access to or use of the Site or to review or edit any Content, but have the right to do so for the purpose of operating the Site, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any Content that we, at our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Site.
- Copyright Policy
We respect copyright law and expect our users to do the same. It is our policy to terminate inappropriate circumstances Users or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
- Representations and Warranties. By using the Site, you expressly represent and warrant that:
- You are legally entitled to agree to these Terms. If you reside in a jurisdiction that restricts the use of the Site because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Site. Without limiting the foregoing, the Site is not available to children (persons under the age of 18). By using the Site, you represent and warrant that you are at least 18 years old.
- You have the right, authority and capacity to enter into these Terms and to abide by the terms and conditions of these Terms.
- Your use of and participation in using the Site is for your sole, personal use.
- You will not authorize others to use the Site under your account and you may not assign or otherwise transfer your user account to any other person or entity.
- You will comply with all applicable laws from your home nation, the country, state and city in which you are present while using the Site. You may only access and use the Site using authorized means.
- You will only use the Site for lawful purposes.
- You will not impair the proper operation of the network.
- You will not try to harm us, any other user or the Site in any way.
- You will not copy or distribute any Content on the Site in violation of these Terms without our written permission.
- You will only use the Site for your own personal use.
- You will keep secure and confidential your account password or any identification we provide you which allows access to the Site.
- You will provide us with proof of identity as we may reasonably request from time to time.
- You may receive communications from us or a provider of the Site via SMS messaging and standard messaging charges will apply.
- Intellectual Property Ownership
As between you and us, we (and our licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Site and Content and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Site. These Terms do not convey to you any rights of ownership in or related to the Site, or any intellectual property rights owned by us. Our name, logo, and names associated with the Site are our trademarks or those of our licensors, and no right or license is granted to use them except as otherwise specifically set forth in these Terms.
By using the Site, you shall defend, indemnify and hold us, our providers and our licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including service providers of Site, or (c) your use or misuse of the Site.
- Disclaimer of Warranties
WE MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SITE. WE DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SITE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, APP, SYSTEM OR DATA, (B) THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SITES, OR INFORMATION, OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN THE SITE WILL BE CORRECTED, OR (F) THE SITE OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SITE IS PROVIDED TO YOU STRICTLY ON AN “AS IS” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY US. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTY AS TO THE RELIABILITY, SAFETY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SITE AND ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE USE OF THE SITE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SITE REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Internet Delays
OUR SITE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
- Limitation of Liability
IN NO EVENT SHALL WE AND/OR OUR LICENSORS OR PROVIDERS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE). WE AND/OR OUR LICENSORS SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS, DAMAGE OR INJURY ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SITE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SITE, ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY CONTENT ON THE SITE, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY PROVIDER WHO IS REFERRED BY THE SITE, EVEN IF WE AND/OR OUR LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
We may give notice by means of a general notice on the Site, electronic mail to your email address on record in our account information, or by written communication sent by first class mail or pre-paid post to your address on record in our account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by any of the following: (whichever is appropriate): (i) letter delivered by nationally recognized overnight delivery service, or (ii) first class postage prepaid mail to us at the address provided below, Attention: Senior Counsel, Legal Affairs.
These Terms and your subscription to the Site may not be assigned by you without our prior written approval but may be assigned without your consent by us to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
No joint venture, partnership, employment, or agency relationship exists between you, us or any Provider as a result of these Terms or your use of the Site. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. Our failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. These Terms comprise the entire agreement between you and us and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
The Public Theater
425 Lafayette Street
New York, NY 10003
Skip the Hassle with Auto-Renewal
Your donor level will be automatically renewed at the end of its term for your new year of sustained support. Your credit card will be charged the amount equal to the then-current price of the donor level. Please note that this price may increase from year-to-year and will not include any discounts used to purchase the original donor level.
Please also note that the benefits included in the donor level may vary from year-to-year. The amount of your donor level that is tax-deductible for federal income tax purposes is limited to the excess of the amount contributed over the value of goods or services provided.
You may cancel or alter your participation in the Auto-Renewal Program at any time by: (a) visiting our website at publictheater.org and logging into your account, go to the My Account section of the page and select to opt-out of Auto-Renewal; (b) emailing us at email@example.com; (c) or calling us at 212.967.7555. Void where prohibited.
Auto-Renewal Program FAQ’s
What are the benefits of enrolling in the Auto-Renewal Program?
Automatic annual payments from your credit card means ongoing and uninterrupted donor level benefits. By enrolling, you are ensuring that your donor level will never lapse. You will continue to enjoy the benefits of your program without having to renew each year.
What information do you need to process my Auto-Renewal?
All you need to do is complete your first payment for your preferred donor level. The information you provide with that transaction is all we need. Your credit card information is stored in a secure database and is protected with encryption software.
What if I need to change or update my credit card information?
Call The Public Theater at 212.967.7555.
When does my donor level renew?
Your donor level will renew at the beginning of the month of your annual expiration date.
When will my credit card be charged and will I be notified beforehand?
Your credit card will be charged annually on the 15th of the month of your donor level expiration. We will send you two (2) notices before your credit card is charged each year. We encourage you to visit the My Account section of our website at publictheater.org to update your contact information. Please confirm that your mailing address and email address are current.
What amount will I be charged for future years of my donor level?
Your Auto-Renewal charge will be for the regular price amount of your donor level. If the rate of your donor level increases, you will be notified of the change a month prior to the charge.
How do I upgrade my Auto-Renewal donor level?
You can upgrade your donor level at any time by calling The Public Theater at 212.967.7555.
How do I cancel future Auto-Renewal transactions?
There are three (3) easy options for cancelling your Auto-Renewal payments in advance of your month of expiration.
- Visit our website at publictheater.org and login to your account, go to the My Account section of the page and select to opt-out of Auto-Renewal
- Email us at firstname.lastname@example.org
- Call us at 212.967.7555
When will I receive my donor level card and receipt for Auto-Renewal transactions?
You will receive your donor level card within one to two (1-2) weeks of the transaction. You will receive an emailed receipt on the day of the transaction.
How do I give an additional donation during future terms of my donor level?
You can make a donation at any time by visiting our website, selecting Support Us and clicking on Make a Gift. You can also call 212.967.7555, or mail a check with the note "Donation" to: The Public Theater 425 Lafayette Street, New York, NY 10003
Donor Program Payment Plan FAQ’s .
What are the benefits of enrolling in the Payment Plan Program?
Our Payment Plan Program offers flexible and economical access to the exciting benefits of the Partner and Supporter programs.
What information do you need to process my payment plan?
Select whether you prefer monthly or quarterly automatic payments and then complete the first payment of your plan. The information you provide during that transaction will be used for future automatic payments. Your information is stored in a secure database that is protected with encryption software.
What if I need to change or update my credit card information?
Email email@example.com to schedule a call to update your information.
When will my credit card be charged and will I be notified beforehand?
Your credit card will be charged monthly or quarterly on the 15th of the month. When you enroll you will receive confirmation of the plan you selected, as well as the amount and frequency of your payment plan. Please visit the My Account section of our website at publictheater.org to confirm that your billing and email addresses are current. In the event there is a problem with your payment, we will contact you. If we cannot contact you to rectify the payment, your donor program will lapse after failure to pay.
What amount will I be charged for my donor level?
Your payment plan amount depends upon the frequency and donation level you selected. Your e-receipt will confirm these details.
If the rate of Public Theater donor levels increases, your current payment plan will not change. If you choose to renew your membership at the conclusion of your payment plan, your new payment plan will reflect the increased rate.
How do I upgrade my donor level while on a Payment Plan?
You can upgrade your donor level at any time by emailing firstname.lastname@example.org.
How do I cancel my payment plan?
If you decide you want to cancel your payment plan you can pay the balance of your membership by emailing email@example.com.
When will I receive my membership card and receipt of payment plan transactions?
You will receive access to your membership card immediately in your My Account page. You will receive an emailed receipt on the day of your gift.
Can I give an additional donation if I have a membership?
You can make a donation at any time by visiting this webpage or by mailing a check to The Public Theater 425 Lafayette Street, Attn: Development Dept, New York, NY 10003.