Terms & Conditions

TERMS OF USE

WWW.ESBNYC.COM

(the “Website”)

These website Terms of Use by ESRT Observatory TRS, L.L.C. and our affiliates (“ESRT,” “we,” “our” or “us”) for the Website are effective as of February 2017.

YOUR (“YOU,” “YOUR” OR “USER”) COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS IS A CONDITION TO YOUR RIGHT TO ACCESS AND UTILIZE THE WEBSITE AND ANY PRODUCTS AND SERVICES THEREON.  IF YOU DO NOT AGREE TO ALL OF THE TERMS, YOU ARE NOT AN AUTHORIZED USER OF SUCH SERVICES AND PRODUCTS AND YOU SHOULD NOT USE THIS WEBSITE.  IF YOU DO NOT AGREE TO THESE TERMS, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Ticket and Purchasing Information

Before completing any order via the Website, please carefully review your selection.

Unless otherwise noted, all prices on the Website are listed in United States dollars.  Prices may include a processing fee, noted on the Website.

You are responsible for either printing your tickets at home in advance or via kiosks located at the Empire State Building, which selection you shall make during the check-out process on the Website.

Unless otherwise noted, including elsewhere on the Website, tickets purchased via the Website are valid for one year for use on a date with equivalent or lower pricing.

Tickets purchased via the Website are non-refundable. No refunds are provided due to weather conditions, length of lines, wait times at the building or any other reason. Lost, stolen, or destroyed tickets are not replaceable.

ESRT reserves the right to close the observatories or any other portions of the Empire State Building early, including on very busy days. There may also be long wait lines to get into the building during busy tourist times. Please call the building ahead of time at 212.736.3100 (Toll Free 1.877.NYC.VIEW) to check on current wait times and hours.

We are not responsible for lost, stolen or damaged property. By accepting admission with your ticket, you agree to release ESRT for any loss, injury or damage to you or your property that might occur in the building, even if the loss, injury or damage is caused by neglect or fault of ESRT.

Toddlers (5 or younger) are admitted free when accompanied by an adult ticket holder.

When visiting the Empire State Building, you agree to abide by all rules and policies relating to conduct and behavior at the building.  We may refuse admission or expel any person whose conduct is objectionable.

In order to protect ESRT from fraud, you may be asked to provide additional proof of identity regarding any order placed via the Website, including a passport, driver’s license or credit card.

You are responsible for all fees, including legal fees, associated with any disputed charges and chargebacks for purchases made via the Website.  In no event shall ESRT be responsible for such fees.

By providing your credit or debit card information via the Website, you hereby grant ESRT and its agents, including any third party processing companies, authorization to use such information to process and complete your transaction. 

Purchases also may be subject to other terms and conditions set forth on the Website and at the Empire State Building.

Unauthorized Use

UNAUTHORIZED USE OF THE WEBSITE IS STRICTLY PROHIBITED.

You can only use the Website if you are over 13 years old, it is legal for you to use the Website, and you are legally capable of entering into a binding contract.  Users between the ages of 13 and 18 must obtain the permission of a parent or guardian to use the Website.

You agree that your use of the Website will be in compliance with all applicable laws and regulations, and that you will not use, or knowingly allow any other person to use, the Website for or in connection with, any illegal purpose or activity.

You may not use any hardware or software intended to damage or interfere with the proper working of the Website or to surreptitiously intercept any system, data or personal information from the Website.  You agree not to interrupt or attempt to interrupt the operation of the Website in any way.  You may not use the Website for transmitting obscene, threatening, defamatory or otherwise abusive content, spamming, violating another’s privacy rights, violating intellectual property laws, hacking, transmitting any virus, worm, Trojan horse or other destructive software, or for any other unlawful, criminal, illegal, immoral or inappropriate activities.  You may not frame or deep link the Website or its contents within any other website.

You may not use the Website for any unauthorized commercial purposes such as to purchase tickets, vouchers, merchandise, products, or services of any kind for resale.  

ESRT reserves the right, in its sole discretion, to limit or terminate your access to or use of the Website at any time without notice.  Termination of your access or use will not waive or affect any other right or relief to which ESRT may be entitled at law or in equity.

 

Privacy Policy

ESRT may, to the extent permissible under applicable law, monitor and disclose any information transmitted through use of the Website, including without limitation personal information such as your name, email address and telephone number (the “Information”). You understand and agree that you shall have no expectation of privacy in your use of the Website, including with respect to the Information.  For avoidance of doubt, by using the Website and providing any Information, you hereby irrevocably consent that ESRT may use the Information for any and all purposes, including without limitation contacting you about ESRT and its business and services and other information that might be of interest to you.  If you wish to opt out of receiving such communications or request limitation of any other use of the Information, please send a detailed request to optout@esbnyc.com.

Notwithstanding the foregoing, ESRT will not disclose any credit or debit card information provided via the Website other than as necessary to process and complete any transactions made via the Website, including ticket sales.

Cookies

The Website uses cookies.  A cookie is a file containing an identifier (a string of letters and numbers) that is sent by a web server to a web browser and is stored by the browser. The identifier is then sent back to the server each time the browser requests a page from the server.  Cookies do not typically contain any information that personally identifies a user, but personal information that we store about you may be linked to the information stored in and obtained from cookies.

We may use cookies to: recognize a computer when a user visits the Website; track and analyze users as they visit and navigate the Website; improve the Website’s usability; administer the Website; prevent fraud and improve the security of the Website; personalize the Website for each user; target advertisements which may be of particular interest to specific users; or validate user sessions.

Your privacy settings can be used to limit the publication of your information on the Website, and can be adjusted using privacy controls on your web browser.  Blocking all cookies may have a negative impact upon the usability of the Website.

Copyrights, Trademarks and Other Intellectual Property.

All material contained on the Website, and the compilation of it, are our property (or are used by license) and are protected by United States and international copyright laws. All trademarks, service marks and trade names, including but not limited to the mark EMPIRE STATE BUILDING and the visual equivalent of the Empire State Building, are trademarks of ESRT Observatory TRS, L.L.C.  and/or its affiliates and are proprietary to us. No material from the Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except that you may download and print material available on the Website (a) as may be expressly permitted by the Website and/or (b) solely for your personal, noncommercial use, provided that (i) you keep intact all copyright notices, trademark legends, author attributions, and other proprietary notices, (ii) you make no modification to the materials, and (iii) you do not download quantities of materials to a database that can be used to avoid future downloads from the Website. Except as may be permitted by law, you must obtain our written permission before using any copyrighted material from the Website. You do not acquire any ownership rights by downloading material from the Website.

If you believe that your intellectual property has been copied and is accessible on the Website in a manner that constitutes copyright infringement, you will need to send a written or electronic communication that includes all of the following pursuant to Section 512(c)(3) of the Digital Millennium Copyright Act (“DMCA”):

  • The name, address and contact information for the complaining party;
  • A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed;
  • A description of and link to the infringing material sufficient to identity the copyrighted work and alleged infringement;
  • A statement that the complainant has a good faith belief that use of the material in the manner complained of is not authorized by the law or the copyright owner.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.

Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to ESRT’s designated agent at:

DMCA Copyright Complaints
Legal Department
Empire State Realty Trust
111 West 33rd Street
New York, NY 10120
(212) 687-8700
Email: DMCACopyright@empirestaterealtytrust.com

 

Pursuant to Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.

Promotions

The Website may contain or link to sweepstakes, contests or other promotions that require you to send material or information about yourself. Please note that sweepstakes, contests or promotions offered via the Website or links therefrom may be, and often are, governed by a separate set of rules that, in addition to describing such sweepstakes, contest or promotion, may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the use of material you submit, and disclosures about how your personal information may be used. It is your responsibility to read such rules to determine whether or not you want to and are eligible to participate, register and/or enter. By entering any such sweepstakes, contest or other promotion, you agree to comply with and abide by such rules and the decisions of the sponsor(s) identified therein, which shall be final and binding in all respects.

Use of Links and Third Party Content

The Website may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party web sites.  By using the Website, you acknowledge and agree that ESRT is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials or web sites.  ESRT does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third Party Materials or web sites, or for any other materials, products, or services of third parties.  Third Party Materials and links to other web sites are provided solely as a convenience to you.  Third party websites may have their own terms of use and privacy policies, for which ESRT is not responsible and which we encourage you to review before accessing and using any third party website.

License for User Content

If you upload, submit or transmit content (“User Content”) to, via or for potential or actual use on the Website, either directly or indirectly, you grant us and our select partners a worldwide, perpetual, royalty-free license to communicate, distribute, host, make modifications or derivative works, publicly display, publicly perform, publish, reproduce, store, and use such User Content.  Such license for User Content shall cover without limitation all intellectual property rights, including without limitation those concerning patents, trademarks, trade dress, copyright, trade secret, morality, privacy and publicity. 

You represent, warrant, and covenant that: (i) you either are the sole and exclusive owner of all of your User Content, or you have all rights, licenses, consents, and releases that are necessary to grant to ESRT the rights in your User Content; and (ii) neither the User Content nor your creation of, accessing, or use of your User Content or ESRT’s use of your User Content (or any portion thereof) will (a) infringe, misappropriate or violate the rights of any party or entity, including a third party’s patent, copyright, trademark, trade secret, moral rights, rights of publicity, rights of privacy or other intellectual property or proprietary rights, (b) constitute or result in defamation, libel, slander, or the violation of any applicable law or regulation (including, without limitation, restrictions on obscenity, child pornography, wiretap laws or other similar restrictions on nonconsensual recording, or otherwise), or (c) require ESRT to obtain any licenses from or make any payments in any amounts to any third party throughout the world.

You agree not to transmit User Content that: (i) is or could be interpreted to be infringing, defamatory, libelous, inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotes discrimination, bigotry, racism, or hatred, as ESRT determines in its sole discretion; or (ii) introduces viruses, time-bombs, worms, cancel bots, Trojan Horses and/or other harmful or malicious code.

Disclaimer of Warranty and Limitation of Liability

THE INFORMATION ON THE WEBSITE IS PROVIDED "AS IS." WE DO NOT WARRANT THE ACCURACY OF THE INFORMATION AND MATERIALS PROVIDED HEREIN, EITHER EXPRESSLY OR IMPLIEDLY, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES OF NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ALL TO THE FULLEST EXTENT ALLOWED BY LAW. WE WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT COULD RESULT FROM INTERCEPTION BY THIRD PARTIES OF ANY INFORMATION MADE AVAILABLE TO YOU VIA THE WEBSITE. ALTHOUGH THE INFORMATION PROVIDED TO YOU ON THE WEBSITE IS OBTAINED OR COMPILED FROM SOURCES WE BELIEVE TO BE RELIABLE, WE CANNOT AND DO NOT GUARANTEE THE ACCURACY, VALIDITY, TIMELINESS OR COMPLETENESS OF ANY INFORMATION OR DATA MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE. NEITHER WE NOR ANY OF OUR AFFILIATES, DIRECTORS, SHAREHOLDERS, MEMBERS, OFFICERS OR EMPLOYEES, NOR ANY THIRD PARTY VENDOR WILL HAVE LIABILITY OR RESPONSIBILITY OF ANY KIND TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR FROM ANY FAILURE OR INTERRUPTION OF THE WEBSITE, FROM ANY ACT OR OMISSION OF ANY OTHER PARTY INVOLVED IN PROVIDING THE WEBSITE OR THE DATA CONTAINED HEREIN, OR FROM ANY OTHER CAUSE RELATING TO YOUR USE OR ACCESS, OR THE FAILURE OF YOUR USE OR ACCESS, IN CONNECTION WITH THE WEBSITE OR THESE MATERIALS, WHETHER OR NOT THE RELATED CIRCUMSTANCES MAY HAVE BEEN WITHIN THE CONTROL OF US OR OF ANY VENDOR PROVIDING SOFTWARE OR SERVICES SUPPORT. IN NO EVENT WILL WE, OUR AFFILIATES OR ANY SUCH PARTIES BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, EVEN IF WE OR ANY OTHER PARTY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF.

Indemnification

Without limitation of ESRT’s other rights and remedies, you agree to indemnify and hold harmless ESRT and its suppliers, licensors, officers, directors, employees, agents and affiliates from any claim, liability, loss, damage, cost, or expense (including without limitation reasonable attorney’s fees) arising out of or related to your use of the Website, including any material that you access or make available using the Website, any actions taken by you in connection with your use of the Website, any violation of any third party’s rights or and violation of law or regulation, or any breach of these Terms of Use.

Modifications

We may modify these Terms of Use at any time and at our sole discretion by posting the modified Terms of Use on the Website. The modifications will be effective upon posting (unless some other date is specified). You should review these Terms of Use periodically so that you are aware of any modifications. Your use of the Website constitutes your acceptance of the Terms of Use in their then-current form.

Dispute Resolution

The laws of the United States of America, State of New York, shall govern these Terms of Use and your use of the Website, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other jurisdiction’s laws. YOU AND ESRT AGREE THAT ALL CLAIMS OR DISPUTES CONCERNING OR ARISING OUT OF THE WEBSITE OR THESE TERMS OF USE SHALL PROCEED SOLELY ON AN INDIVIDUAL, NOT CLASS ACTION OR REPRESENTATIVE BASIS, IN BINDING ARBITRATION BEFORE AND SUBJECT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. ANY PARTY MAY APPLY TO A COURT OF COMPETENT JURISDICTION FOR TEMPORARY INJUNCTIVE OR OTHER EQUITABLE RELIEF IN AID OF ARBITRATION.

Use in Other Jurisdictions

We do not operate in all U.S. and foreign jurisdictions. Some products and services may not be available in all jurisdictions or to all users.  The information provided on the Website is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation.

Severability

If any of the provisions of these Terms of Use are deemed unlawful or for any reason unenforceable, the same shall be inoperative only to the extent necessary to achieve compliance with applicable law and shall not affect the remaining Terms of Use, which shall be given full effect, without regard to the invalid portion(s).

Contact

If you have any questions, please contact us at ESRT Observatory TRS, L.L.C., 111 West 33rd Street, New York, NY 10120, (212) 687-8700.