Discovery Times Square Expositions TERMS AND CONDITIONS
Last updated June 15, 2009
Welcome to DiscoveryTSX.com. TSX Operating Co., LLC and their respective affiliates and subsidiaries (collectively "DTSX") provide the DiscoveryTSX.com web site (the "Site") and the related services to you subject to the following terms and conditions (the "Terms"). Please read the Terms carefully before using or visiting the Site. IF YOU DO NOT AGREE TO THE TERMS, DO NOT VISIT OR USE THE SITE. By using or visiting the Site, you expressly agree, to the same extent as if you had signed the Terms, to be bound by the Terms and to follow the Terms and all applicable laws and regulations governing the Site. DTSX reserves the right to change the Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. If you violate the Terms, DTSX may terminate your use of the Site, bar you from future use of the Site, cancel your ticket order, and/or take appropriate legal action against you.
When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices to the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify, or otherwise distribute any of the material on the Site for any purpose other than to review promotional information, for personal use, or to purchase tickets or merchandise for your personal use, unless otherwise specifically authorized in writing by DTSX.
Access and Interference
You also agree not to deep-link to the Site for any purpose, unless specifically authorized by DTSX to do so. You may not frame or utilize framing techniques to enclose any trademark, logo, image, text, page, layout, information, graphics, or other portion or aspect of the Site without express written consent of DTSX. You may not use any meta tags or any other "hidden text" utilizing DTSX's name or Marks (as defined below) without the express written consent of DTSX. Any unauthorized use terminates the permission or license to access the Site.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or any of the content contained thereon or for any other purpose without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from our website without the prior expressed written permission of DTSX.
DTSX uses reasonable endeavors to ensure that the Site is available 24 hours a day 7 days a week. However, there will be occasions when the Site will be interrupted for maintenance, upgrades and emergency repairs. Reasonable steps will be taken by DTSX to minimize such disruption where it is within the reasonable control of DTSX. You agree that DTSX shall not be liable to you for any modification, suspension or discontinuance of the Site.
Unauthorized Use of the Site
Illegal and/or unauthorized uses of the Site, including, but not limited to, unauthorized ticket sales, unauthorized framing of or linking to the Site, or use of any robot, spider or other automated devise on the Site, will be investigated and appropriate legal action will be taken, including without limitation civil, criminal and injunctive redress.
Violation of the Terms
You understand and agree that in DTSX's sole discretion, and without prior notice, DTSX may terminate your access to the Site, cancel your ticket or vendor order, cancel purchased tickets or vouchers without refund or exercise any other remedy available, if DTSX believes that you have in any manner violated the Terms or the law. You agree that monetary damages may not provide a sufficient remedy to DTSX for violations of the Terms and you consent to injunctive or other equitable relief for such violations. DTSX may release user information about you if required by law or subpoena, or if the information is necessary or appropriate to release to address any unlawful or harmful activity. DTSX is not required to provide any refund to you if your access to the Site is terminated, or if your tickets, vouchers, or orders are terminated or cancelled or otherwise not honored because you have violated the Terms.
The content and the software on the Site and the compilation thereof are each the property of DTSX and/or its suppliers and are each protected by U.S. and international copyright laws. You may not remove any notices or credits posted on the Site, or any additional information contained along with any such notices and credits.
"DTSX" and all logos, graphics, design, page headers, button icons, scripts and service names found on the Site are trademarks and service marks and/or are trade dress of DTSX or its licensors (the "Marks"), or of their respective owners. Many of the Marks are registered with the United States Patent and Trademark Office or the registration applications for such Marks are pending before the United States Patent and Trademark Office. DTSX and its licensors retain all right, title and interest in, to, and under the Marks, including any intellectual property rights in, to, and under the Marks. You shall not modify, alter, change, remove, copy, use, or otherwise infringe any of the Marks or any other third party trademark, service mark or any other material from the Site or the materials contained on the Site, or any copies thereof. Each of the Marks may be used publicly only with the express written consent of DTSX. You will be liable for any action that violates such terms.
The software and content may not be reproduced, copied, edited, published, transmitted or uploaded in any way without the express written consent of DTSX. Except as expressly stated in the limited license provision of the Terms, DTSX does not grant any express or implied right to you under any of its trademarks, copyrights or other intellectual property. Licensing inquiries should be directed to Director of Marketing 1-646.619.8600.
All prices are listed in United States dollars.
Ticket Information; Refunds
Tickets are only for the date and time issued. ALL SALES ARE FINAL SUBJECT TO THE FOLLOWING REFUND POLICY. If you purchased a ticket or voucher from the Site, we may issue a refund or exchange up to 24 hours before scheduled time, from source of ticket, subject to our sole discretion. If you purchased a ticket or voucher from an authorized reseller, you will need to contact the authorized reseller to obtain a refund or exchange, which will be subject to the refund policy of such reseller. No refunds, transaction cancellations or exchanges will be issued for date or time changes or in connection with an interruption, disturbance, or other similar action that effects your visit to the DTSX. Lost, stolen, or destroyed tickets are not replaceable.
When DTSX receives an order from a buyer, DTSX obtains an authorization from the buyer's credit-card equal to the price and any applicable fees and taxes. DTSX accepts American Express, MasterCard, and Visa. Purchases by credit-card do not grant you any variances from the Terms. You are still responsible for complying with the Terms.
THE SITE AND ITS CONTENT AND ANY AND ALL RELATED PRODUCTS AND SERVICES ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. DTSX CANNOT ENSURE THAT FILES YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. DTSX MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE USE OF THE SITE AND THE INFORMATION, CONTENT, MATERIALS, SERVICES, OR PRODUCTS CONTAINED HEREIN OR THE OPERATION OF THE SITE. DTSX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY ERRORS AND/OR OMISSIONS IN THE INFORMATION CONTAINED IN THE SITE. DTSX DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM DTSX ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DTSX DOES NOT PROMISE THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, NOR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. DTSX DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE.
DTSX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
DTSX makes no guarantee of any specific result from use of the Site or use of the DTSX services or products. DTSX DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, DTSX USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE DTSX SERVICES, PRODUCTS OR OTHERWISE RELATED TO YOUR USE OF THE SITE AND/OR THE SERVICES OR THE PRODUCTS. DTSX IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, OR ACTIONS OF ANY THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE. WITHOUT LIMITING THE FOREGOING, YOU MAY REPORT THE MISCONDUCT OF USERS AND/OR THIRD PARTY ADVERTISERS, SERVICE AND/OR PRODUCT PROVIDERS REFERENCED ON OR INCLUDED IN THE SITE TO DTSX AT 1-646-619-6800, or email@example.com . DTSX MAY INVESTIGATE THE CLAIM AND TAKE APPROPRIATE ACTION, IN ITS SOLE DISCRETION.
Limitation on Liability
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE PROHIBITED, IN NO EVENT WILL DTSX BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS, EVEN IF DTSX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links and Search Results
The Site may contain references or links, or produce search results that reference or link to third party web sites. DTSX has no control over these sites or the content within them. DTSX does not guarantee, represent, or warrant that the content contained in any third party site is accurate, legal, or inoffensive. DTSX does not endorse the content or messages of any third party site, nor does DTSX warrant that such sites will not contain viruses or otherwise affect your computer. By using the Site to search to or to link to another site, you agree and understand that you may not make any claim against DTSX for any damages or losses, whatsoever, resulting from your use of the Site.
No Commercial Use
Except as expressly agreed to in writing by DTSX, no area of the Site may be used by our visitors for any commercial purposes such as to purchase tickets, vouchers, merchandise, products, or services of any kind for resale. You must obtain our prior written consent to make commercial purchases of any kind. Without limiting the foregoing, you may not resell or link to other sites for the purpose of selling tickets or vouchers of any kind. We will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site. We reserve the right to block access to or cancel a ticket or voucher order or cancel or revoke without refund any previously purchased ticket or voucher of any user known or reasonably believed to be associated with any ticket broker or scalper, or utilizing automated means to process or place ticket orders, or whose ticket order exceeds the stated limit.
Disputes; Governing Law; and Jurisdiction
The Site is controlled and operated by DTSX from its offices in New York. If there is any dispute which, in any manner, involves, arises out of, or relates to the Site or the Terms, including, without limitation, your use of the Site, any content, tickets, or vouchers, or any visit to 226 West 44th Street, then by using the Site, you agree that (i) all such disputes and the Terms shall be governed by and construed in accordance with the laws (both substantive and procedural) of the State of New York, without the application of the conflict of laws principles except that the federal laws of the United States of America shall be the governing laws, to the extent required, with respect to issues involving intellectual property rights, and (ii) in connection with any litigation of any such disputes arising between or among the parties, you hereby consent to the exclusive jurisdiction and venue in the courts located in New York City.
You agree to indemnify and hold DTSX and its officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party which, in any manner arises out of or relates to your use of the Site, including a visit to 226 West 44th Street or any violation of the Terms.
Statue of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms, must be filed within one (1) year after such claim or cause of action arose or be forever barred.
U.S. Government Restricted Rights
All materials, information, software and other products supplied by or through the services or products offered and/or purchased on the Site are provided with "RESTRICTED RIGHTS." Use, duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in the Terms and as provided in FAR 12.212(a) (1995), FAR 52.227-19, FAR 52.227-14 (ALT III), DFARS 227.7202-1(a) and 227.7202-3(a) (1995) and DFARS 252.227-7013(c)(1)(ii) (OCT 1988) et seq. or their successors. Use of any of such by the Government constitutes acknowledgment of our or our suppliers' proprietary rights in them. In the event that the Terms, or any part thereof, are deemed inconsistent with the minimum rights identified in the Restricted Right provisions, the minimum rights shall prevail.
You are responsible for compliance with all local laws, and you are required to comply with U.S. export laws and regulations when you use or export any software or materials provided through the services or products.
If you have any comments or questions about the Site please contact us at 1-646-619-8600 or firstname.lastname@example.org
The Terms constitutes the entire agreement and sets forth the entire understanding between you and DTSX, with respect to the subject matter hereof, and supersedes all previous agreements, covenants, arrangements, discussions and negotiations, whether written or oral with respect thereto. The waiver or failure of DTSX to exercise in any respect any right provided for in the Terms shall not be deemed a waiver of any further right. In the event any provision of this Agreement is held to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms, and the validity and enforceability of the enforceable portion of any such provision and/or the remaining provisions of the Terms shall not be affected thereby. The section titles in the Terms are for convenience only and have no legal or contractual effect. DTSX is not liable for delays in performance caused by circumstances beyond its reasonable control.
RULES FOR VISITING DTSX: Times Square Expositions
Rules, Regulations, and Procedures
You agree to adhere to all of DTSX rules, regulations, and procedures as well as security rules when visiting DTSX, 226 West 44th Street or both.
We may, in our sole discretion, decide to terminate, expel, or prohibit your access (and the access of anyone with you or using tickets or vouchers purchased by or for you) to the DTSX if (i) for any reason, we terminate, expel or prohibit all general public access for or during the time you (or they) are otherwise scheduled to have access, or (ii) we are required or requested for any reason, by any law enforcement officer or any governmental agency or representative, to terminate, expel, or prohibit general public or your access for any or no reason, or (iii) we believe that your (or their) access violates DTSX's policies, represents a security threat, or involves or may involve objectionable conduct. You grant us permission to use your image for broadcast from or promotion of DTSX.
Ticket Information; Refunds
Tickets are only for the date and time issued. ALL SALES ARE FINAL SUBJECT TO THE FOLLOWING REFUND POLICY. We may issue a refund or exchange up to 24 hours before scheduled time, from source of ticket, subject to our sole discretion. No refunds, transaction cancellations or exchanges will be issued for date or time changes or in connection with an interruption, disturbance, or other similar action that affects your visit to Discovery Times Square Exposition. Lost, stolen, or destroyed tickets are not replaceable.
Access for Individuals with Disability
DTSX is accessible with the use of ramps and elevators. Please contact us at 1646-619-8600 or email@example.com , with any questions or requests for assistance. Guide dogs are permitted. All other pets or animals are not permitted.
Pregnant women, people with heart conditions or high blood pressure, or people with other health issues should consult with a doctor before visiting DTSX. There are certain conditions, including, without limitation, the height of the observation deck above ground and the elevator ride which features flashing lights and views up into elevator shaft as elevator ascends and descends, that may present a risk for certain visitors. Visitors should take any and all necessary precautions to address and avoid those risks.
Children must always be accompanied by a parent, guardian, or designated caregiver while at the DTSX. Ultimate responsibility for the behavior and well being of children rests with them and not with DTSX. Young children should not be left unattended at DTSX. The parent, guardian, or designated caregiver can and should monitor and guide their children during their visit to DTSX.
DTSX MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DTSX AND THE FACILITIES. DTSX EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF ACCURACY OR QUALITY AND ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ASSUMES NO LIABILITY FOR ANY LOSS, INJURY, OR DAMAGE, INCLUDING WITHOUT LIMITATION PHYSICAL OR MENTAL INJURY OR DAMAGES OR LOSS TO PROPERTY, EVEN IF DUE TO OUR NEGLIGENCE. DTSX WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM A VISIT TO DTSX, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, AND PUNITIVE AND CONSEQUENTIAL DAMAGES.
Responsibility and Risk
You understand and acknowledge that you are responsible for your own safety, health and overall well-being during your visit to DTSX. You assume full responsibility for any bodily injury or property damage sustained during such visit, and understand that you are responsible for any costs and expenses associated with any such injury or damage. To the maximum extent permitted by law, you hereby release and forever discharge DTSX and its employees, agents, officers, representative and agents from any and all liability whatsoever for any and all damages, losses, harms or injuries that you sustain or property belonging to you incurs, including, but not limited to, any claims, demands, actions, causes of action, judgments, damages, costs and expenses of any nature whatsoever, including attorneys fees, which arise out of, result from, occur during or are connected in any manner to visiting DTSX.
You agree to indemnify and hold DTSX, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your visit to DTSX.
Photography is permitted only in the lobby areas of DTSX and only for private, personal and noncommercial use. Photographs cannot be published, sold, reproduced, transferred, distributed, or otherwise commercially exploited in any manner whatsoever. The use of a flash is prohibited. Movie and video cameras are prohibited. Tripods are not allowed unless otherwise agreed to in writing by DTSX.
DTSX reserves the right, at its sole discretion, to withhold and/or withdraw permission to photograph on its premises or to reproduce photographs.