Terms of Use

Last updated: August 10, 2026

These Terms of Use, including any policies, rules and other terms that are linked hereto or expressly incorporated herein by reference (collectively, and in each case as may be modified from time to time, these "Terms"), set forth a legally binding agreement between you ("you" or "your") and Apollo Theater Foundation, Inc. ("Apollo," "we," "us," or "our"). The Terms govern access to and use of ApolloTheater.org (the "Site"), and any content, information or services made available on or through the Site (collectively, the "Services"). By using the Website, you agree to these Terms and to engage with Apollo respectfully and lawfully.

Please read the following terms and conditions carefully before using the Site or the Services. If you do not agree to these Terms, do not access or use the Site or the Services.

Apollo may update these Terms periodically. Such changes, whether in the form of modifications, amendments, additions or deletions, shall be effective upon appearance on the Site, with or without notice. Your continued use of the Site and/or the Services following our posting of any changes to these Terms means that you accept and agree to such changes.

Your personal information and privacy are important to us. Our Privacy Policy governs the processing of all personal data collected from or about you in connection with your use of the Site and/or the Services. The Privacy Policy and its terms and provisions are hereby incorporated into and made a part of these Terms by this reference.

Apollo may at any time revoke your right to use all or any portion of the Site. Apollo may investigate any complaint regarding or suspected violation of these Terms of Use, and may report any activity relating to this Site to regulators, law enforcement officials or other persons or entities that it deems appropriate.

ARBITRATION NOTICE. SECTION 9 (DISPUTE RESOLUTION) OF THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH IN SECTION 9 (DISPUTE RESOLUTION) BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS, OR CLASS ACTIONS OF ANY KIND. PLEASE READ SECTION 9 (DISPUTE RESOLUTION) CAREFULLY.

1. Using Our Website

The Website is intended to inform, inspire, and engage audiences with Apollo's performances, history, and community impact. You agree to use the Website only for lawful purposes and in accordance with these Terms. By accessing or using the Site or the Services, or by clicking to accept these Terms when this option is made available to you, you expressly accept and agree to be bound by these Terms and represent the following:

• You have the authority and capacity, under the laws of the state or jurisdiction in which you reside, to make the representations and warranties and be bound by the covenants provided herein.
• You will comply with all applicable federal, state or local laws, rules and regulations in using the Site and/or the Services, and you will not perform or fail to perform any act that you know or reasonably should know would place us or our affiliates in violation of any applicable law, rule or regulation.

2. User Submissions and Reviews

Any communication or content to Apollo or to the Site, including but not limited to audition materials, forms, feedback, or reviews ("User Submissions"), is and will be deemed to be non-confidential as between you and Apollo, and Apollo will be free to use, modify, reproduce and distribute it for any purpose without compensation to you, and you hereby grant hereby Apollo and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable right and license to use, reproduce, modify, adapt, publish, share, post, re-post, translate, create derivative works of and display such User Submissions in any form, medium, or technology now known or later developed (including, without limitation, on any of our social media accounts).

If your User Submission contains or consists of a review or other feedback about Apollo, the Site or the Services made available on our Site ("Reviews"), you agree to state your opinions lawfully, honestly and in good faith. You must disclose any conflict of interest or relationship that might influence your Reviews, if applicable. All Reviews are strictly the opinion of the user posting such Review, and we do not endorse or approve any such Reviews, nor do we have any responsibility or liability for the accuracy, appropriateness or content of such Reviews.

3. Intellectual Property and Proprietary Rights, Third Party Sites

When accessing and using the Site and/or the Services, you agree to obey all applicable laws and to respect the intellectual property rights of others.

Ownership. All content, materials and information on the Site, including any software, audio, images, photographs, text, objects or other digital media incorporated into the Site, and all trademarks, logos, copyrights and other intellectual property displayed on the Site (collectively, the "Content") is owned by Apollo or its respective owners. The Site in its entirety is copyrighted as a collective work under United States copyright laws, and you hereby acknowledge that Apollo owns the copyright in the selection, coordination, arrangement and enhancement of the Site and the Content.

Rights to Use Site. Subject to your compliance with these Terms, we hereby grant you a limited, non-exclusive, revocable, nontransferable license to access and use the Site and/or view, store, bookmark, download, copy and print pages from the Site solely for your personal and noncommercial use, provided that you may not alter or modify the Content in your copies and you must retain, on any copies of the materials, all copyright and other proprietary notices contained on the original materials. You may not otherwise copy (including by bots, robots or spiders that "harvest" the Site), reproduce, modify, adapt, distribute (including forwarding it as a mass distribution or posting it on another site), display, perform, publish, create derivative works from, store, sublicense, translate, sell, rent, reverse engineer, decompile, disassemble, or otherwise exploit the Services, Site or its content. You may not use any trademark, service mark or logo of Apollo or any third party that appears on the Site without prior written consent. You agree not to interfere with the functioning of the Site or restrict or inhibit any others from using the Site, or to transmit any virus, worm, time bomb or similar system interference or corruptant through the Site.

Reservation of Rights. Apollo and its licensors reserve all rights not expressly granted in and to the Site, the Services, the Content, and all intellectual property rights therein (including the trademarks, trade names, trade dress, logos and service marks on the Site). You acknowledge and agree that you do not acquire any ownership rights by accessing or using the Site and/or the Services.

Digital Millennium Copyright Act. If you believe that your work has been copied and is accessible on the Site or the Services in a way that constitutes copyright infringement, you may notify us (each, an "Infringement Notification") by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. sec. 512):

• A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at the Site are covered by a single notification, a representative list of such works at the Site;
• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an e-mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
• A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please send the written communication to our copyright agent by e-mail and by U.S. Mail to:

Apollo Theater Foundation, Inc.
253 West 125th Street, New York, New York 10027
Attn: Apollo DMCA Agent
E-mail: legal@apollotheater.org
E-mail Subject: "DMCA Request"

Third-Party Sites. We may provide links and/or pointers to websites, goods and/or services maintained, owned or controlled by others ("Third-Party Sites") that are not affiliated with us and may be located in different countries and that may subject to different terms, laws and regulatory and other requirements. We have not reviewed all of the Third-Party Sites linked to the Site or the Services and are not responsible for the content or services offered on such Third-Party Sites, including, but not limited to, any advertising, order processing and fulfilment, or payment terms related to such Third-Party Sites. Access to Third-Party Sites through the Site or the Services does not constitute an endorsement by us or any of our subsidiaries or affiliates of any such Third-Party Sites, or the content or services offered by them. We have no responsibility or liability for these Third-Party Sites' independent policies or actions and are not responsible for the privacy practices of such Third-Party Sites or retailers. Complaints, claims, concerns or questions regarding Third-Party Sites should be directed to the applicable third party.

If we provide links to social media platforms, such as Facebook, TikTok, Instagram or X, and you choose to visit any such social media platforms through our links, please note that the personal information you post, transmit or otherwise make available on or through such social media platforms may be viewed by the general public. We do not control any content or information made available on such social media platforms and we are not responsible for any third-party use of any such content or information, including, without limitation, personally identifiable information, that you have posted, transmitted or otherwise made available on such social media platforms.

4. Restrictions on Use

When accessing or using the Site and/or the Services, you agree that you will not, nor will you encourage or assist any third-party to, do any of the following:

• Use any device or software or engage in any activity that harms or disrupts the operation or performance of the Site or cause harm to others;
• Misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, user, device, system or network related to the Site;
• Use the Site in any manner not permitted by us;
• Use the Site for any illegal purpose, including the transmission of any unlawful, threatening, abusive, libelous, defamatory, discriminatory, obscene, vulgar, pornographic (including, but not limited to, child pornography), profane, obscene, lewd, lascivious, filthy, vile or indecent information of any kind, including images and language;
• Use the Site to publish, post, share, copy, store, backup or distribute material that: infringes any intellectual property right, right of publicity or any other right of any other person or entity or violates any law or contractual duty; you know or reasonably believe is false, misleading, untruthful or inaccurate; constitutes unauthorized or unsolicited advertising, junk or bulk email; or contains viruses, Trojan horses, time bomb, worms, corrupted files or any other similar rogue programming and software;
• Engage in online activities that would encourage other parties to cause damage to the Site, or transmit any message that constitutes, encourages or incites conduct that would constitute a criminal offense or give rise to civil liability;
• Violate, circumvent or attempt to violate or circumvent any security measures employed by us;
• Access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access;
• Attempt to scan or test the vulnerability of our servers, system or network or attempt to breach our data security or authentication procedures;
• Attempt to interfere with the Site by any means including, without limitation, hacking our servers or systems, submitting a virus, overloading, mail-bombing or crashing;
• Directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Site;
• Alter or modify any disabling mechanism which may be included in the Site;
• Collect or attempt to collect personal information, or any other kind of information about other users, including through spidering or scraping;
• Mirror, frame or utilize framing techniques to enclose any aspect of the Site, including any trademark, logo or other proprietary information (including, but not limited to, images, text, page layout or form) without our express written consent;
• Use any metatags or any other "hidden text" utilizing our name or trademarks without our express written consent;
• Lease, rent, sell, transfer, distribute, re-license or sublicense the Site or use it in an unauthorized arrangement; or
• Remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) from the Site.

Linking. You shall not link to the Site or the Services on any other site, service or product which, as determined by Apollo in our sole discretion: (a) publishes, contains, broadcasts or promotes libelous, abusive, offensive, harassing, violent, inflammatory, threatening, defamatory, obscene, indecent, sexually explicit, pornographic or otherwise objectionable materials; (b) promotes discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation or age; or (c) publishes, contains, broadcasts or promotes materials that could give rise to any civil or criminal liability under U.S. or international law. You also shall not link to the Site or the Services in such a way as to suggest any form of association, approval or endorsement on Apollo's or its affiliates' part. If we notify you of a violation of this paragraph, you shall immediately take down the link to the Site or the Services.

5. Tickets, Donations and Transactions

Services offered by us are offered subject to availability.

Ticket purchases, donations, and merchandise transactions are processed through third-party platforms, including Ticketmaster and Fundraise Up. These transactions are also governed by the terms and policies of those providers. Apollo is not responsible for service interruptions or errors originating from third-party systems.

6. Age Requirements, Accessibility Commitment

If you are under the age of majority in your state of residence, you may only use the Site or the Services with the involvement, supervision and consent of your parent or legal guardian. By accessing or using the Site or the Services, you represent and warrant that your parent or legal guardian has reviewed and agreed to these Terms on your behalf, and that they assume full responsibility for your compliance with these Terms.

Apollo is committed to making its digital experiences accessible to all audiences and continues to improve usability and accessibility across the Site. We strive to provide an excellent online experience for all our guests and Site users — including those with sight, hearing and other disabilities. If you have difficulty using or accessing any element of the Site or the Services, or if you have any feedback regarding accessibility of the Site or the Services, please feel free to contact us by e-mail at legal@apollotheater.org.

7. Disclaimer and Limitation of Liability, Indemnification

Your use of the Site or the Services and the Content is on an "as is" and "as available" basis and without warranty of any kind. To the maximum extent permitted by applicable law, Apollo, its affiliates and their respective officers, directors, managers, partners, members, shareholders, employees, affiliates and agents (collectively "Related Persons"), make no representations or warranties and specifically disclaim any and all warranties of any kind, express or implied, with respect to the Site or the Services and the Content, including any representations or warranties with respect to merchantability, fitness for a particular purpose, title, non-infringement, availability, security, accuracy, freedom from viruses or malware, completeness, timeliness, functionality, reliability, sequencing or speed of delivery. You will be solely responsible for any damage resulting from the use of the Site or the Services.

In addition, subsequent events or changes in circumstances may cause existing information on the Site or the Services to become inaccurate or incomplete. While Apollo strives for accuracy and reliability, we will not be liable if, for any reason, all or part of the Site or the Services, or any Content therein, is ever unavailable, and undertake no obligation to update, amend or clarify information on the Site or the Services, except as required by law.

To the maximum extent permitted by applicable law, in no event shall Apollo, its affiliates or their Related Persons be liable to any party for any claims, liabilities, losses, costs or damages under any theory, including but not limited to any direct, indirect, punitive, special, incidental, or consequential damages arising out of in connection with any access, use of, or the inability to use, or distribution of the Site or the Services, or any Content therein. This is true even if Apollo has been apprised of the possibility of such damages or losses. In no event shall the collective liability of the Apollo parties to you exceed, in the aggregate, the greater of (i) One Hundred U.S. Dollars ($100), or (ii) the total actual fees paid by you to us in the six (6) month period preceding the event giving rise to the claim.

You agree to indemnify, defend, and hold harmless the Apollo from and against any and all claims, allegations, demands, actions, causes of action, lawsuits, investigations and proceedings (including any and all liability, damages, costs, expenses (including reasonable attorneys' fees), settlements, fines, penalties and losses of any kind or nature whatsoever resulting from any of the foregoing) arising out of or in connection with: (a) your violation or breach of these Terms; (b) your use of the Site and/or the Services; (c) your dispute with another user; (d) your violation of any rights of any third party; or (e) your violation of applicable law. This indemnification obligation will continue after you stop using the Site and/or the Services. We reserve the right to assume the exclusive defense and control of any claim and matter otherwise subject to indemnification by you at your expense, and you shall not in any event settle or otherwise dispose of any matter without our prior written consent.

8. Governing Law

The Terms and your use of the Site and Services are governed by and construed for both substantive and procedural purposes in accordance with the laws of the State of New York. The Site is controlled and/or operated from the United States, and is not intended to subject the Apollo to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

9. Dispute Resolution

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND APOLLO, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY AND YOU AGREE THAT APOLLO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY. SUCH DISPUTES INCLUDE, WITHOUT LIMITATION, DISPUTES ARISING OUT OF OR RELATING TO INTERPRETATION OR APPLICATION OF THIS ARBITRATION PROVISION, INCLUDING THE ENFORCEABILITY, REVOCABILITY OR VALIDITY OF THE ARBITRATION PROVISION OR ANY PORTION OF THE ARBITRATION PROVISION. ALL SUCH MATTERS SHALL BE DECIDED BY AN ARBITRATOR AND NOT BY A COURT OR JUDGE.

YOU AGREE THAT ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED AND YOU ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules, as amended by this Agreement. The Consumer Arbitration Rules are available online here. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate. Any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, such determination should be made by the AAA or by the arbitrator.

The arbitrator's decision will follow the terms and conditions of these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

10. General

Consent to Electronic Communications; Notices. You agree that we or our authorized agents may provide you in electronic form any information or other communications regarding our Services. These communications may be provided through our Site, e-mail, text message or another website. When you visit our Site, or communicate with us electronically, you consent to receive communications from us electronically. We may send you responses or notices by e-mail, posting to the Site, or written communication sent by U.S. Postal Service. 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.

Notice to California User. Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N. 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Assignment. We may assign or transfer these Terms or our rights and obligations under these Terms, in whole or in part, to any third party at any time without notice. You may not assign or transfer these Terms or any of your rights and obligations, in whole or in part, without our prior written consent, and any attempt by you to do so will be invalid and void.

Severability. If any provision of these Terms shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver. Our delay or failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms constitute the entire understanding of the parties and supersede all prior and contemporaneous written and oral agreements with respect to the subject matter hereof.

Rules of Construction. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in the construction or interpretation of these Terms.

Survival. All terms and conditions of these Terms remain in full force and effect notwithstanding any termination of your use of the Site. Any provision of these Terms that contemplates performance or observance subsequent to any expiration or termination of these Terms, or which is otherwise necessary to interpret the respective rights and obligations of the parties hereunder, shall survive any expiration or termination of these Terms and also remain in full force and effect.

11. Questions, Contact Information

Questions regarding these Terms may be sent to:

Apollo Theater Foundation, Inc.
Website: ApolloTheater.org
Email: legal@apollotheater.org

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