Terms and Conditions

About Us

This website is not the official website of Top of the Rock in Rockfeller Center. We are an affiliate from Tiqets and the website is owned by Sail by the Sea, Lda., portuguese company with NIPC 516734342. Read our Terms and Conditions for further information.

www.topoftherock-nyc.com does not provide, own or control any of the services and products (“Tickets”) that you can access through Our Website. The Tickets are owned, controlled or made available by third parties (the “Tickets Providers”). The Providers are responsible for the Tickets. The Tickets Providers terms and privacy policies apply to your booking so you must agree to, and understand those terms. Your interaction with any Tickets Provider accessed through Our Website is at your own risk and www.topoftherock-nyc.com does not have any responsibility should anything go wrong with your booking.

www.topoftherock-nyc.com hosts content, including prices, made available by or obtained from Tickets Providers. Prices change constantly and additional charges (e.g. payment fees, services charges, local taxes and fees) may apply, so you should always check whether the price asked for a booking is the one you expected. Some Tickets may also be sold in another currency than the one preset or chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary and your payment provider (e.g. your credit card company) may charge conversion fees and apply another date’s currency rate.

Introduction

Below we will explain in detail the hows, whys, and do’s and don’ts of using www.topoftherock-nyc.com. If you can’t find what you’re looking for, do not hesitate to contact us by info@topoftherock-nyc.com, we’ll be happy to help. Thank you for using www.topoftherock-nyc.com.

As a consumer you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that www.topoftherock-nyc.com is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

Please read these terms and conditions of use carefully before accessing, using or obtaining any materials, information, products or services. By accessing the www.topoftherock-nyc.com website (“Our Website”) you agree to be bound by these terms and conditions (“Terms”) . If you do not accept all of these Terms, then you may not use Our Website. In these Terms, “we”, “us”, “our”, “Our Website” or “www.topoftherock-nyc.com” refers to the ownership of Sail by the Sea, Lda., and “you” or “your” refers to you as the User of Our Website.

We may modify these Terms, for any reason at any time, by posting a new version on Our Website; these changes do not affect rights and obligations that arose prior to such changes. Your continued use of Our Website following the posting of modified Terms will be subject to the Terms in effect at the time of your use. Please review these Terms periodically for changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with Our Website in any way, your only recourse is to immediately terminate the use of Our Website.

Intellectual Property

We, our affiliates, the Tickets Providers and other licensors, own all of the text, images, trademarks or other material contained on Our Website. You will not copy or transmit any of the material except for your personal, non-commercial use. All copyright, trademark and other proprietary rights notices presented on Our Website must appear on all copies you print. Other non www.topoftherock-nyc.com content, products, services, or company designations on Our Website belong to those respective third parties and may be mentioned in Our Website for identification purposes only. You should contact the appropriate third party for more complete information regarding such designations and their registration status. Your use of and access to Our Website does not grant you any license or right to use any of the marks included on Our Website.

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on Our Website any materials that violate another person’s intellectual property rights.

Our Website may contain links to other websites, including Tickets Providers, that we do not operate or control and for which we are not responsible (“Other Websites”). We provide these links for your reference and convenience and do not endorse the contents of Other Websites and accept no responsibility for them or for any loss or damages that may arise from your use of them. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Websites before you use them.

Use of Our Website

By using Our Website you agree to comply with laws that apply to Portugal and your own country, including laws that apply to exporting technical data.

Also, you assume having the necessary legal capacity to act and contract on Our Website in accordance with these Terms, which you declare to understand and accept.

In addition, you agree not to do any of the following without prior express written permission of our website:

access the website with any manual or automated process for any purpose other than your personal use or for inclusion of www.topoftherock-nyc.com pages in a search index. Use of any automated system or software to extract data from Our Website (“screen scraping”), for commercial or non-commercial purposes, is prohibited;
violate the restrictions in any robot exclusion headers on Our Website or bypass or circumvent other measures employed to prevent or limit access to Our Website;
use any device, software or routine that interferes or attempts to interfere with the normal operation of Our Website or take any action that imposes an unreasonable load on our computer or network equipment;
reproduce, duplicate, copy, sell, trade, resell or exploit Our Website;
use any feature of Our Website for any purpose that is unlawful, harmful, or otherwise objectionable or inappropriate as determined by us;
post or distribute any material on Our Website that violates the rights of any third party or applicable law;
use Our Website to collect or store personal data about others;
use Our Website for any commercial purpose unless we’ve given you written permission;
transmit any ad or promo materials on Our Website;

You are granted a limited, non-exclusive right to create a “hypertext” link to Our Website provided that such link does not portray Our Website in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatever.

Warranty Disclaimer

We provide Our Website and all content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any User, Tickets Provider or third party; (ii) we do not warrant the performance or non-interruption of www.topoftherock-nyc.com; and (iii) we do not warrant that verification, identity or background checks conducted on Tickets Providers will identify past misconduct or prevent future misconduct. Any references to a Tickets Provider being “verified” (or similar language) indicate only that the Tickets Provider or www.topoftherock-nyc.com/frequently-asked-questions/ has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.

Our Liability is Limited

Neither www.topoftherock-nyc.com (including its affiliates and providers) nor any other party involved in creating, producing, or delivering Our Website or any content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use Our Website or any content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of www.topoftherock-nyc.com website, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Our Website has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

You Agree to Protect Us

Subject to these Terms, you will defend, indemnify and hold us harmless from and against any claim, cause of action, liability, expense, loss or demand, including without limitation reasonable legal and accounting fees, arising out of, or in any way connected with your breach of these Terms or the agreements made part of these Terms by reference, your breach of any applicable law, and your use of or access to Our Website or the Intellectual Property.

Purchasing through www.topoftherock-nyc.com

www.topoftherock-nyc.com is an affiliate and acts as an intermediary to the service provided by the Tickets Providers which currently are:

– Tiqets, offering an online shopping service, available 24 hours a day, where you can easily purchase tourist cards and tickets for any attractions in the city.

If you make a booking through Our Website, that booking is made with the Tickets Provider named on their booking page and Our Website only acts as a user interface. Accordingly, www.topoftherock-nyc.com has no responsibility for the booking because Our Website has no involvement in defining the price and any fees, and in providing the Tickets that you book. If you have any issues or disputes around your booking, you agree to address and resolve these with the Tickets Provider and not with us, although we will always facilitate this communication when possible. The cancellation and refund policy or possibility to reschedule depends on the policy of the Tickets Provider.

General Requirements

We may change the website and these terms any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the website constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes of these Terms apply to all users, including those enrolled before the date, take effect.