Terms of Service

These Terms of Service (these “Terms”) constitute a legally binding agreement between you and Museum of Phones, Inc., a corporation with its principal place of business at 254 E 3rd St, New York, NY 10009 (“Company,” “we,” “us,” or “our”), governing your access to and use of the website located at themophonyc.com and all related subdomains (the “Site”), and the email and text-message communications and other services made available by us in connection with “The MoPho” (collectively, the “Services”).

BY ACCESSING OR USING THE SERVICES, OR BY SUBMITTING YOUR INFORMATION THROUGH THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

1. Eligibility and Acceptance

You must be at least eighteen (18) years of age, or the age of majority in your jurisdiction if greater, to submit information through the Site or to enroll in our email or text-message programs. By using the Services, you represent and warrant that you meet these requirements, that you have the legal capacity to enter into these Terms, and that all information you provide to us is accurate, current, and complete and belongs to you or that you are authorized to provide it. Individuals under eighteen (18) may not submit information through the Site.

2. Modifications to the Services and These Terms

We reserve the right, in our sole discretion, to modify, suspend, or discontinue the Services or any part thereof at any time without notice or liability. We may also revise these Terms at any time by posting the revised Terms on the Site and updating the “Last Updated” date. Revisions take effect upon posting. Your continued use of the Services after revised Terms are posted constitutes your acceptance of them. Revisions to Section 12 (Dispute Resolution) will not apply to any dispute of which the parties had actual notice on or before the date of the revision.

3. Use of the Site; Prohibited Conduct

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial purposes. You agree not to, and not to permit any third party to:

1. use the Services in violation of any applicable law, regulation, or third-party right;
2. submit any email address, telephone number, or other information that does not belong to you or that you are not authorized to submit, or submit false, misleading, or fraudulent information;
3. use automated means, including bots, scripts, crawlers, or scrapers, to access the Services or to submit forms, or otherwise submit signups in bulk or in a manner designed to circumvent anti-abuse measures (including attempts to bypass any honeypot, rate limit, or verification);
4. interfere with or disrupt the integrity, security, or performance of the Services or the networks or systems used to provide them, or attempt to gain unauthorized access to the Services, other accounts, or computer systems;
5. introduce any virus, malware, or other harmful or disruptive code;
6. copy, reproduce, modify, distribute, publicly display, create derivative works of, reverse engineer, or decompile any portion of the Site or its underlying code, except as expressly permitted by applicable law; or
7. use the Services to harass, defraud, or harm any person, or to send unsolicited communications.

We may investigate and take any lawful action we deem appropriate in response to violations of this Section, including suspending or blocking access and reporting violations to law enforcement authorities.

4. Email Communications

If you submit your email address through the Site, you consent to receive email communications from us regarding The MoPho, including notice of ticket availability, event information, and related announcements. You may withdraw your consent at any time by using the “unsubscribe” link in any email or by emailing info@themophonyc.com. Our emails identify Museum of Phones, Inc., 254 E 3rd St, New York, NY 10009, as the sender.

5. Text Messaging Program Terms

This Section governs the Museum of Phones, Inc. text-message program for The MoPho (the “Text Program”). It supplements the remainder of these Terms and our Privacy Policy.

5.1 Program Description

If you opt in, we will send text messages to the mobile number you provided relating to The MoPho, namely notifications that tickets have become available and closely related event announcements. Message frequency varies.

5.2 Consent

You opt in to the Text Program by entering your mobile number in a signup form on the Site and affirmatively checking the box that states: “Yes, text me when tickets drop. Msg & data rates may apply. Msg frequency varies. Reply STOP to cancel. See our Terms and Privacy Policy.” BY OPTING IN, YOU EXPRESSLY CONSENT TO RECEIVE RECURRING TEXT MESSAGES FROM OR ON BEHALF OF THE COMPANY AT THE MOBILE NUMBER YOU PROVIDED, INCLUDING MESSAGES SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR AUTOMATED TECHNOLOGY. CONSENT IS NOT A CONDITION OF PURCHASING ANY GOODS OR SERVICES OR OF ATTENDING ANY EVENT. Your consent remains in effect until you revoke it as described in Section 5.4.

5.3 Message and Data Rates

Message and data rates may apply. You are solely responsible for all charges imposed by your mobile carrier. We do not charge a fee for the Text Program.

5.4 Opt-Out

You may revoke your consent and opt out at any time by replying STOP to any text message from us. You may also use the words CANCEL, END, QUIT, UNSUBSCRIBE, or STOPALL, or email info@themophonyc.com. After you opt out, we may send you one final message confirming your request, and you will receive no further text messages from us unless you opt in again. Opting out of text messages will not opt you out of email communications, and vice versa.

5.5 Help

For assistance, reply HELP to any text message from us or contact us at info@themophonyc.com or at the address in Section 14.

5.6 Your Representations

You represent and warrant that (a) you are the subscriber or customary user of the mobile number you provide and are authorized to consent to receive text messages at that number, and (b) you will promptly notify us, by emailing info@themophonyc.com, if you change or relinquish that number, so that we do not send messages to a person who has not consented.

5.7 Carriers and Delivery

The Text Program is available only to mobile numbers in the United States on participating carriers. Mobile carriers and their affiliates are not liable for delayed or undelivered messages. We do not guarantee delivery or timely delivery of any message, which may be affected by factors outside our control, including network congestion and your device settings.

5.8 Privacy

Our collection and use of your mobile number and consent record are described in our Privacy Policy. No mobile information, including text-messaging opt-in data and consent, will be shared with third parties or affiliates for marketing or promotional purposes.

5.9 Changes to the Text Program

We may modify or discontinue the Text Program at any time. If we materially change the types of messages we send, we will, where required by law, obtain additional consent before sending them.

6. Tickets and Events

As of the Effective Date, tickets for The MoPho are not available for purchase through the Site. When tickets are offered, they may be sold through a third-party ticketing platform, and any purchase will be subject to that platform’s terms and conditions, any additional event terms presented at checkout (including terms regarding admission, age restrictions, refunds and cancellations, and conduct), and these Terms to the extent consistent with them. All dates, times, locations, features, pricing, and availability are subject to change or cancellation without notice. Nothing on the Site constitutes an offer to sell tickets or a guarantee of ticket availability. Event rules, including any restriction on the use of personal mobile telephones at the venue, are conditions of admission, and we reserve the right to refuse admission to, or remove, any person who does not comply with them, as permitted by applicable law.

7. Intellectual Property

The Site and the Services, including all text, graphics, logos, images, video, audio, designs, software, and other content, and all intellectual property rights in them, are owned by Museum of Phones, Inc. or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws. “The MoPho,” the associated logos and designs, and all related names and marks are trademarks or service marks of Museum of Phones, Inc. or its licensors, whether or not registered. Except for the limited license granted in Section 3, no right, title, or interest in the Services or in any of our marks is granted to you, and all rights not expressly granted are reserved. You may not use our marks without our prior written consent.

If you submit any feedback, suggestions, or other communications to us, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, transferable, sublicensable license to use, reproduce, modify, and otherwise exploit that submission for any purpose without attribution or compensation to you, except for personal information, which is governed by our Privacy Policy.

8. Third-Party Links and Services

The Services may contain links to, or integrate with, third-party websites, platforms, and services that are not owned or controlled by us. We do not endorse and are not responsible or liable for the content, products, services, terms, or privacy practices of any third party. Your access to and use of third-party services is at your own risk and is governed by the third party’s terms and policies.

9. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS (THE “COMPANY PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. THE COMPANY PARTIES DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT ANY MESSAGE WILL BE DELIVERED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties from and against any and all claims, demands, actions, losses, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your access to or use of the Services, (b) your violation of these Terms or applicable law, (c) your submission of any telephone number or email address that is not yours or that you are not authorized to submit, including any claim under the Telephone Consumer Protection Act or similar laws arising from that submission, or (d) your violation of any rights of a third party. We reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate with our defense of that matter.

12. Governing Law; Dispute Resolution; Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Governing law. These Terms, and any Dispute (as defined below), are governed by the laws of the State of New York, without regard to its conflict-of-law principles, and, with respect to paragraph (b) below, by the Federal Arbitration Act (9 U.S.C. § 1 et seq.).

(a) Informal resolution. Before initiating any formal proceeding, you and the Company agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (each, a “Dispute”) informally. The party raising a Dispute must send a written notice describing the Dispute and the relief sought (in your case, by email to info@themophonyc.com; in our case, to the contact information you have provided). The parties will negotiate in good faith for at least thirty (30) days after the notice is received before commencing arbitration or litigation.

(b) Binding individual arbitration. Except for the exceptions in paragraph (e), any Dispute not resolved informally will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, available at adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted before a single neutral arbitrator, and, unless the parties agree otherwise, will be held by video conference or in New York County, New York. Judgment on the award may be entered in any court of competent jurisdiction. The arbitrator, and not any court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Section, except that a court will decide any dispute regarding the validity or enforceability of the class action waiver in paragraph (c). The arbitrator may award on an individual basis any relief that would be available in court, but may not award relief against or for the benefit of anyone who is not a party to the arbitration.

(c) Class action waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND THE COMPANY EACH AGREE THAT DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) will be severed from the arbitration and must be litigated in the state or federal courts located in New York County, New York, and the remainder of this Section will continue to apply.

(d) Jury trial waiver. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY KNOWINGLY AND VOLUNTARILY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING THAT IS NOT SUBJECT TO ARBITRATION UNDER THESE TERMS.

(e) Exceptions. This Section does not apply to (i) claims that either party may bring in small claims court if the claims qualify and remain in that court on an individual basis, or (ii) claims by the Company for injunctive or other equitable relief to protect or enforce its intellectual property rights or to prevent unauthorized access to or abuse of the Services. Any Dispute that is not subject to arbitration will be brought exclusively in the state or federal courts located in New York County, New York, and each party submits to the exclusive personal jurisdiction and venue of those courts.

(f) Fees. Payment of AAA filing, administration, and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. We will pay all fees that the rules require us to pay, and we will not seek to recover our attorneys’ fees from you except as the arbitrator determines is permitted by law because a claim was frivolous or brought for an improper purpose.

(g) Opt-out. You may opt out of this arbitration agreement and class action waiver by sending written notice to info@themophonyc.com, with the subject line “Arbitration Opt-Out,” within thirty (30) days after the date you first accept these Terms. The notice must include your name and the email address and, if applicable, mobile number you submitted through the Site, and must state that you opt out of arbitration. Opting out will not affect any other provision of these Terms.

(h) Limitation period. To the fullest extent permitted by applicable law, any Dispute must be commenced within one (1) year after the cause of action accrues; otherwise it is permanently barred.

(i) Survival. This Section survives termination of these Terms and of your use of the Services.

13. Termination

We may suspend or terminate your access to the Services, and cease sending you communications, at any time, with or without cause and with or without notice. Upon termination, your right to use the Services will immediately cease. Sections 5.2 (with respect to prior consents), 5.6, 7, 9, 10, 11, 12, and 14, and any other provisions that by their nature should survive, will survive termination.

14. General Provisions; Contact

Entire agreement. These Terms and our Privacy Policy constitute the entire agreement between you and the Company regarding the Services and supersede all prior or contemporaneous understandings. Severability. If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect. No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision. Assignment. You may not assign or transfer these Terms or any rights under them without our prior written consent; we may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets. No third-party beneficiaries. These Terms do not confer any rights on any third party, other than the Company Parties as expressly provided. Force majeure. We are not liable for any failure or delay in performance caused by events beyond our reasonable control. Electronic communications. You consent to receive communications from us electronically, and agree that all agreements, notices, and disclosures we provide electronically satisfy any legal requirement that they be in writing, in accordance with the federal Electronic Signatures in Global and National Commerce Act. Headings. Headings are for convenience only and have no legal effect.

Questions about these Terms, or notices to the Company, may be directed to: