ArtsCard Boston Terms of Service
Last modified: March 25, 2025
These ArtsCard Boston Terms of Service (“Agreement”) are a binding agreement between you (“End User,” “you” or “your”) and The Celebrity Series of Boston, Inc. (“Celebrity Series,” “we,” “our” or “us”). This Agreement governs your use of the ArtsCard Boston mobile application (including all related documentation, the “Application”) and the Content available on the Application. The Application is licensed, not sold, to you.
BY DOWNLOADING, INSTALLING, OR USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE APPLICATION.
1. License Grant.
Subject to the terms of this Agreement, Celebrity Series grants you a limited, non-exclusive, and nontransferable license to:
(a) download, install, and use the Application for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
(b) access, stream, download, and use on such Mobile Device the Content made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Terms of Use applicable to Website Content as set forth in Section 10.
2. Account Registration.
(a) In order to use the Application, you must set up a user account through the Application. You represent, warrant and covenant that all information you provide during the account registration process will be accurate, current and complete. Failure to provide accurate, current and complete information during account registration may result in the suspension or termination of your user account.
(b) You are responsible for maintaining the confidentiality of your account login credentials and for all activity that occurs under your user account (whether authorized or unauthorized).
(c) You may create and maintain only one user account. Creation of multiple user accounts by a single individual may result in the suspension or termination of all such user accounts.
3. Eligibility and Age Verification.
(a) The Application is offered and available to users who are 18 years of age or older. By downloading, installing and using the Application, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you must not download, install or use the Application, or create any user account through the Application. If we discover that an individual under the age of 18 has created a user account through the Application, that user account will be terminated immediately and all information associated with the user account will be deleted.
(b) To access age-related ticket discounts available through the Application, you must upload a valid government-issued photo ID to verify eligibility. Misrepresentation of age or providing false identification will result in termination of this Agreement and your user account, as well as immediate cancellation and refunding of purchased tickets for future events.
4. Payments and Ticketing.
(a) All payments made through the Application are processed securely through third-party payment processors. By using the Application, you agree to the terms and conditions of these payment processors. Celebrity Series is not responsible or liable for any errors, delays, disputes, or fraud related to third-party payment processing services.
(b) Application users that engage in fraudulent activity, including unauthorized use of credit or payment cards, will have their user accounts and access to the Application terminated immediately, and may be reported to the appropriate legal authorities.
(c) Event tickets purchased through the Application will be delivered to you as either (i) digital tickets accessible within the Application or through compatible digital wallets, or (ii) PDF tickets delivered via email to the email address provided during purchase.
(d) Event tickets are for personal use by the owner of the user account through which they were purchased and his/her/their guests. Unauthorized resale, transfer or trade of event tickets (“Unauthorized Transactions”) is strictly prohibited. If you engage in an Unauthorized Transaction, your user account and access to the Application will be suspended or terminated, and any tickets you purchased for upcoming events will be cancelled and refunded.
(e) All event ticket sales are final and non-refundable, except in the case of cancellation of the event to which you purchased a ticket.
(f) Event tickets cannot be exchanged, transferred or traded through the Application.
(g) In the case of an event cancellation for which you purchased a ticket, you will receive instructions through the Application or via email on how to obtain a refund. Refunds will be processed only for the original purchaser and via the original payment method.
5. Push Notifications. The Application may send notifications, including, without limitation:
(a) Essential Notifications: You may opt out of notifications on your Mobile Device, but must provide, at a minimum, an email address for essential notifications, transaction-related notifications, and ticket delivery.
(b) Optional Notifications: You may opt into notifications for: (i) updates from selected organizations listing events on the Application; (ii) new events added by selected organizations or within specific categories (e.g., jazz, classical music, dance, literature); and/or (iii) routine customer service messages, such as performance reminders or e-ticket delivery notifications.
(c) You may manage your notification preferences in the Application’s settings. Essential notifications may be set to email only, but cannot be entirely disabled.
6. Social Features.
(a) The Application may allow you to share event details with friends or on social media platforms. By using these features, you agree to: (i) share content responsibly and in compliance with this Agreement; and (ii) not post or share inappropriate, offensive or illegal content.
(b) The Application allows you to create and manage wish lists for future events you may be interested in attending.
(c) You may invite friends to the Application using an email address, and you may find friends on the Application using an email address.
7. License Restrictions. Except as may be expressly permitted by applicable law or expressly authorized by the Application, you shall not:
(a) copy the Application;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time;
(f) use any robot, spider, or other automatic device, process, or means to access the Application for any purpose, including to monitor or copy any of the material on the Application, or to facilitate high-speed or bulk ticket purchases;
(g) frame, mirror, or otherwise incorporate the Application or any portion of the Application as part of any other mobile application, website, or service;
(h) use the Application in any manner that could disable, overburden, damage, or impair the Application or interfere with any other party’s use of the Application;
(i) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
(j) resell, transfer, or trade any tickets purchased through the Application;
(k) provide any false or misleading information during the account registration process or during any age verification process;
(l) use the Application in any manner that would violate applicable laws, rules or regulations; or
(m) use the Application in order to harass, bully, or stalk any other person, including by using the social features of the Application.
8. Ownership of Intellectual Property; Reservation of Rights.
(a) You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application or any of its content (“App Content”) under this Agreement, or any other rights thereto other than to use the Application and the App Content in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Celebrity Series reserves and shall retain its entire right, title, and interest in and to the Application and all App Content, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
(b) All event-related materials provided on or through the Application, including, without limitation, images, descriptions and promotional content for events (collectively, “Event Materials”), are the intellectual property of the respective organizations presenting or producing the events (“Producing Organizations”). The Producing Organizations reserve and shall retain their entire right, title, and interest in and to the Event Materials, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto.
(c) You are prohibited from reproducing, modifying, distributing or otherwise misusing any App Content or Event Materials except as permitted through the functionality of the Application or with written permission from Celebrity Series or the Producing Organization, as applicable.
9. Collection and Use of Your Information. You acknowledge that when you download, install, create an account on, or use the Application, Celebrity Series may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, creating an account on, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with the Application is subject to our Privacy Policy. By downloading, installing, creating an account on, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. Website Content. The Application may provide you with access to Celebrity Series’ website located at www.celebrityseries.org (the “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on the Website (collectively, “Website Content” and, together with the App Content and the Event Materials, the “Content”). Your access to and use of the Website Content are governed by the Website’s Terms of Use and Privacy Policy, which are incorporated herein by this reference. Any violation of such Terms of Use will also be deemed a violation of this Agreement.
11. Geographic Restrictions. The Application and the Content are based in the Commonwealth of Massachusetts in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Application and the Content outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Application or the Content from outside the United States, you are responsible for compliance with local laws.
12. Updates. Celebrity Series may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Celebrity Series has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
13. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Celebrity Series is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Celebrity Series does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions and privacy policies.
14. Term and Termination.
(a) The term of this Agreement commences when you download the Application and will continue in effect until terminated by you or Celebrity Series as set forth in this Section 14.
(b) You may terminate this Agreement and your Application user account by (i) following the termination instructions in the Application, (ii) contacting Celebrity Series’ customer support at help@artscardboston.com, or (iii) deleting the Application and all copies thereof from your Mobile Device.
(c) Celebrity Series may terminate this Agreement and/or your user account at any time for any reason or no reason, upon notice to you through the Application or via email. In addition, this Agreement and your user account will terminate immediately and automatically without any notice if you violate any of the terms or conditions of this Agreement.
(d) Upon termination:
(i) all rights granted to you under this Agreement will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device and account.
(e) Termination will not limit any of Celebrity Series’ rights or remedies at law or in equity.
15. Disclaimer of Warranties. THE APPLICATION AND ALL CONTENT IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, CELEBRITY SERIES, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION AND CONTENT, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, CELEBRITY SERIES PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
16. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CELEBRITY SERIES OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR ANY CONTENT AVAILABLE ON OR THROUGH THE APPLICATION FOR:
(a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES;
(b) EVENT CANCELLATIONS OR SCHEDULE CHANGES, TICKETS PURCHASED THROUGH THE APPLICATION, UNAUTHORIZED USE OF YOUR USER ACCOUNT, OR ISSUES RELATING TO THIRD-PARTY PAYMENT PROCESSORS; OR
(c) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE GREATER OF (i) $50.00, OR (ii) THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR CELEBRITY SERIES WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
17. Indemnification. You agree to indemnify, defend, and hold harmless Celebrity Series and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application or Content, or your breach of this Agreement, including but not limited to the content you submit or make available through this Application.
18. Export Regulation. The Application and the Content may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application or Content to, or make the Application or Content accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application or Content available outside the US.
19. Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of that provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
20. Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the Commonwealth of Massachusetts without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Massachusetts in each case located in Boston, Massachusetts. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
21. Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION OR CONTENT MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
22. Entire Agreement. This Agreement, together with the ArtsCard Boston Privacy Policy (as it relates to your use of the Application and App Content) and the Website Terms of Use and Website Privacy Policy (as it relates to your use of the Website Content), constitute the entire agreement between you and Celebrity Series with respect to the Application and Content, and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application and Content.
23. Waiver. No failure to exercise, and no delay in exercising, on the part of Celebrity Series, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.
24. Modification. You acknowledge and agree that Celebrity Series has the right, in its sole discretion, to modify this Agreement from time to time. You will be notified of modifications through the Application or via direct email communication from Celebrity Series. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Application after such notification will be deemed acceptance of the modified terms.