We use cookies to enhance your experience. By continuing to browse, you agree to saving BSO and third-party cookies on your device. See our privacy policy.

BSO, Pops, Tanglewood, and Symphony Hall Logos

Terms of Use

This is a legal agreement ("Agreement") between you and Boston Symphony Orchestra, Inc. ("BSO", "we" or "us") governing your use of the content, software, products, and services available through third-party (the “3P”) applications and websites (the "3P Apps") that have the BSO services, any API integrations or widgets we offer, and any other linked pages, features, content, or any other services offered from time to time in connection therewith (collectively, the "Services"). The Services are not available to persons under 18 years of age without the consent of a parent or guardian over the age of 18. By accessing the Services, you agree to be bound by this Agreement. If you do not agree to the terms of this Agreement, you must refrain from accessing the Services.

  1. License; Scope of Use. Subject to the terms and conditions of this Agreement, BSO hereby grants you a personal, non-exclusive, non-transferable, non-sublicenseable license to access the Services, in the manner permitted by this Agreement. You understand that all information such as text, computer software, music, audio files or other sounds, photographs, videos or other images, data, information, RSS or other automated feeds (collectively "Content") to which you may have access in or through the Services are the sole responsibility of the person from which such Content originated. Content may be protected by intellectual property rights of BSO or third parties.
  2. Restrictions. You agree that you will not (and that you will not permit anyone else to): (a) resell, distribute, broadcast or network the Services or any portion thereof; (b) access the Services by any means other than the interface provided by BSO; (c) access the Services by automated means (including by scripts, web crawlers, scraping or data extraction); (d) use the Services in any manner that violates applicable law (including laws related to export control) or that could damage, disable, overburden, impair or otherwise interfere with or disrupt the Services, or any network or networks connected to the Services; or (e) use the Services in a manner that violates the terms of any agreement you have made with a third party, including the terms and conditions of any third-party website or App. You must provide all equipment and software necessary to access the Services (a personal computer, a mobile element, a mobile hand set or other access device that is in working order and suitable for use in connection with the Services). You agree that you will not (and that you will not permit anyone else to) download, copy, modify, make derivative works of, resell, trade, distribute, or make any commercial use of any Content made available to you via the Services, by any means or in any form, without the prior written consent of BSO.
  3. Registration and Accounts. In order to use certain Services, you will be required to provide information (including but not limited to username, password and email address) as part of a registration process. You agree to provide complete, accurate and up-to-date information as requested on the applicable registration page and to ensure that all information associated with your user account and profile is complete, accurate and up-to-date. BSO's privacy policy, as updated from time to time, governs BSO's use of personally identifiable information and related data collected through using the Services. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with your account, and that you will be solely responsible to BSO for any activity that occurs under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify BSO immediately. You agree that you are the solely and exclusively responsible your account and any sharing of access to your account. Using vulgar, abusive, offensive, threatening or harassing language toward other users or our support staff will result in permanent suspension of your account.
  4. Additional Offers. From time to time at its sole discretion, the 3P, through the 3P Apps or other channels enabled by the Services, may offer you the opportunity to participate in other activities (each, an “Offer” or, collectively, "Offers"). To use such Offers, you must agree to any new or amended terms presented to you in connection with such Offers, if any. If there is a conflict or contradiction between the provisions of this Agreement and the terms, conditions, policies or notices applicable to an Offer, such other terms, conditions, policies or notices shall prevail in respect of your use of the relevant Offer.
  5. Special Contests or Promotions. BSO may occasionally present a special contest or promotion as part of the Services that is sponsored by another company. To qualify for entry, we may ask you to provide personal information. If we plan to share that information with the sponsor(s), we will provide a statement to that effect.
  6. Proprietary Rights. BSO retains ownership of all proprietary rights in and to the Services and the Content, including all BSO trade names, trademarks and service marks associated or displayed with the Services. The 3P retains ownership of all proprietary rights in and to the 3P trade names, trademarks and service marks associated or displayed with the Services. Nothing in this Agreement gives you a right to use any of BSO's trade names, trademarks, service marks, logos, domain names, or other distinctive brand features. You will not remove, deface or obscure any of BSO's or the 3P’s copyright or trademark notices and/or legends or other proprietary notices on or associated with the Services. Any software associated with the Services is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. You may not reverse engineer, reverse compile or otherwise reduce to human readable form any software associated with the Services, unless this is expressly permitted or required by law. You further agree that the Services may contain information which is designated confidential by BSO and that you shall not disclose such information without BSO's prior written consent.
  7. Termination. You may terminate this Agreement at any time, for any reason or no reason by providing notice to BSO which shall be effective upon BSO processing such notice. You acknowledge and agree that BSO, at its sole discretion, may stop (permanently or temporarily) providing the Services or any portion thereof to you or to users generally, or block or prevent future access to and use of the 3P Apps without prior notice to you. You agree that BSO will not be liable to you or any third party as a result of such discontinuation. Upon any termination of this Agreement, your account will be deactivated and you must cease any further use of the 3P Apps and the Services.
  8. DMCA. It is BSO's policy to respond to notices of alleged copyright infringement that comply with applicable intellectual property law (including the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers. If you believe your work appears in a manner that violates your intellectual property rights, please send a notice to BSO's copyright agent containing the information required by 17 U.S.C. § 512(c)(3), available at http://www.copyright.gov/title...;
  9. No Warranties. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED "AS IS" AND COMPANY AND 3P EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. COMPANY AND 3P MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR REGARDING THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. COMPANY AND 3P MAKE NO WARRANTY THAT THE SERVICES WILL MEET ANY USER'S REQUIREMENTS, OR BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. USE OF THE SERVICES, ANY CONTENT OBTAINED THROUGH THE SERVICES, AND ANY COMMUNICATIONS WITH OTHER INDIVIDUALS THROUGH THE SERVICES ARE AT YOUR OWN DISCRETION AND RISK.
  10. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR 3P BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS OR DAMAGE) ARISING OUT OF THIS AGREEMENT, THE 3P APPS, THE SERVICES, ANY CONTENT SUPPLIED HEREUNDER, OR ANY INTERACTIONS YOU MAY HAVE WITH OTHER USERS OF THE 3P APPS OR THE SERVICES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE) CONTRACT OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY OR 3P, AS THE CASE MAY BE, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY CASE, COMPANY OR 3P'S MAXIMUM CUMULATIVE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL BE LIMITED TO THE LESSER OF: (i) THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES IN THE PREVIOUS 12 MONTHS; OR (ii) $100. Because some states and jurisdictions do not allow the exclusion or limitation of liability, the above limitation may not apply to you.
  11. Miscellaneous. BSO may change the terms of this Agreement at any time by posting modified terms, and such revised terms will be effective upon such posting. Consequently, you should consult this Agreement regularly. The Terms, and your relationship with BSO under the Terms, shall be governed by the laws of Massachusetts without regard to its conflict of laws provisions. You and BSO agree to submit to the exclusive jurisdiction of the courts located within the county of Suffolk, Massachusetts, to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that BSO shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. Failure by either party to exercise any of its rights under, or to enforce any provision of, this Agreement will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision or any other provision. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of this Agreement will remain in full force and effect. You may not assign or transfer this Agreement or any rights hereunder without the prior written consent of BSO. All notices or other correspondence to BSO under this Agreement must be sent to the BSO contact address provided on the 3P Apps, or other address as provided by BSO for such purpose. You acknowledge and agree that we may send you information and notices regarding the Services by email, and that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services. This Agreement embodies the entire understanding and agreement between the parties respecting the subject matter of this Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter.