Terms of Service
The Orchestra of Northern New York Events Terms of Service
Last Updated: February 23, 2020
Before we get into the stuffy small print, we want you to know that at The Orchestra of Northern New York Events our priority is to provide you with a positive user experience. We will not sell or redistribute your information for any reason unless required to do so by law or to enforce these Terms of Service. Simply put, our goal is to be a great service for you and your event. Period.
That said, we do have guidelines we ask our customers and Website visitors to follow. By accessing the Website or by using The Orchestra of Northern New York Events's Services (as defined below), you agree to comply with and be bound by the following, so please do read our Terms of Service carefully! Please be advised that these Terms of Service contain, among other things, warranty disclaimers, liability limitations, use limitations, and legal dispute provisions. They also contain an agreement to arbitrate which, with limited exceptions, requires that you submit any claims you may have against us to binding and final arbitration, on an individual basis and not a class-wide, multiple plaintiff or similar basis, and allows you to seek relief only on an individual basis.
Should you have any questions, please feel free to contact our friendly customer support specialists.
The The Orchestra of Northern New York Events Crew
Capitalized terms used in these Terms of Service are defined in this Section “Definitions” or in the section where they are first used.
“Buyer” refers to an individual or entity using our Services and the Website (a) to obtain information about or attend events, or (b) for any other reason.
“Content” refers to all software, technology, designs, materials, information, communications, text, graphics, user and visual interfaces, links, electronic art, animations, illustrations, artwork, audio and video clips, photos, trademarks, logos, sounds, music, computer code, images, reviews, ideas, and other data or copyrightable materials or content related to the Website, including, without limitation, the design, structure, selection, coordination, expression, “look and feel” and arrangement of such content.
“Event Organizer” refers to customers of The Orchestra of Northern New York who are event creators and use our Services to create events displayed on the Website.
“We”, “us” or “our” refers to The Orchestra of Northern New York, including The Orchestra of Northern New York Events, together with its parent companies, subsidiaries, affiliates, owners, agents, representatives, directors, officers, consultants, contractors, and employees.
“The Orchestra of Northern New York Events” is a wholly owned business unit of The Orchestra of Northern New York, a company incorporated in the state of NY, USA, and located at the following address:
The Orchestra of Northern New York
P.O. Box 488
Potsdam, NY 13676
Toll free number: firstname.lastname@example.org
“The Orchestra of Northern New York Events Content” refers to Content provided by The Orchestra of Northern New York to Users in connection with the Website and the Services.
“Services” refers to offerings and services provided by The Orchestra of Northern New York through or on the Website.
“User”, “you” or “your” refers to each individual or entity who accesses, uses, provides User Content, or otherwise interacts with the Website, including, without limitation, Event Organizers and Buyers.
“User Content” refers to Content uploaded, transmitted or posted to the Website by a User, including, without limitation, User information input on any Website templates and information about the events provided by Event Organizers.
“Website” refers to and all associated The Orchestra of Northern New York Events websites linked to the Website by The Orchestra of Northern New York, its parent companies, subsidiaries and affiliates in the United States and around the world.
Ownership of Site
The Website is the property of The Orchestra of Northern New York
THESE TERMS OF SERVICE APPLY TO THE WEBSITE. BY VISITING THE WEBSITE, OR USING ANY OF THE SERVICES AVAILABLE ON THE WEBSITE, YOU EXPRESSLY AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, PLEASE DO NOT USE THE WEBSITE.
You may not create, sell tickets for, or promote events on the Website that constitute any of the following:
- Raffles, sweepstakes, or giveaways that are not part of a live event listed on the Website;
- Sale and/or distribution of any goods or services not directly related to an event listed on the Website;
- Sale, distribution (including, without limitation, raffles, auctions, giveaways), unlawful use or trade shows of firearms, firearm parts or hardware, ammunition, or weapons, or other items and devices designed to cause physical injury;
- Illegal gambling activity whether illegal under any U.S. federal or state law, or non-U.S. law;
- Sale or ingestion of drugs or substances that are illegal under any U.S. federal, state, or non-U.S. law;
- Sale and promotion of unauthorized nutraceuticals, including, without limitation, those that enhance sexual performance;
- Explicit sexual activity (including, without limitation, escort services) or pornography;
- Activities that (a) demean, threaten, or express hatred toward any group or individual for any reason, (b) are unlawful, tortuous, abusive, hateful, defamatory, libelous, embarrassing, harassing, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, (c) encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law;
- Terrorist or organized criminal activity within or outside the United States;
- Violation of or infringement on the intellectual property rights or any other rights of others
Our Website and Services may not be used:
- For gambling, gaming, and/or any other activity with an entry fee and a prize, including, but not limited to, casino games, sports betting, fantasy sports, horse/greyhound racing, lottery tickets, raffle tickets, auctions, and other ventures that facilitate gambling, games of skill or chance (whether or not such activity is legally defined as a lottery), promotions involving monetary rewards, including gift cards or sweepstakes;
- To resell tickets, administer raffles, sweepstakes, contests, or games of chance of any nature, or that which otherwise facilitate the sale of anything other than tickets for Event Organizers’ own events. Exceptions: merchandise or accommodations that have been added as an option in tandem, and are associated with, the Event Organizers’ event tickets;
- To create a database (electronic or otherwise) that includes material downloaded or otherwise obtained from or through this Website except where expressly permitted by The Orchestra of Northern New York;
- To collect or store personal data about other Users;
- For any commercial purpose not expressly approved by us in writing;
- To transmit or re-circulate any material obtained from this Website to any third party except in the case of Event Organizers’ own events, fundraisers, raffles, other marketing information, event information, ticket orders, and print products;
- To create and disseminate electronic templates or products, except as explicitly permitted by The Orchestra of Northern New York;
- To disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation using any means;
- To disseminate any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or in any way that might infringe third-party rights or that might bring The Orchestra of Northern New York Events, The Orchestra of Northern New York, its parent companies, subsidiaries, affiliates, their owners, managers, agents, representatives, directors, officers, consultants, contractors or employees, into disrepute.
If we deem that any User Content or User activity violates any provision of these Terms, The Orchestra of Northern New York Events may remove the relevant User Content, take down the entire event listing, or take any alternative action we deem necessary. We may also suspend or terminate the associated The Orchestra of Northern New York Events account. We do not communicate our reasons for removing or keeping User Content on the Website. If we believe there is a legitimate risk of physical harm to someone or a group of people, or any kind of direct threat to public safety, we will take action on our Website and, as appropriate, work with law enforcement.
Compliance with Ticket and Raffle Ticket Sales Laws
Certain state, country, and city laws may regulate the sale or purchase of tickets to events or purchase of raffle tickets. It is the Event Organizers’ and Buyers’ responsibility to meet the terms of these laws, and The Orchestra of Northern New York will not be responsible for Event Organizers’ or Buyers’ failure to comply.
License for Access and Use of Website
The Orchestra of Northern New York grants you a limited, revocable, non-sublicensable and non-transferable license to access and make personal use of the Website, but not to download (other than where explicitly allowed by The Orchestra of Northern New York) or modify any portion of it, including images, text, or other elements, except with prior express written consent of The Orchestra of Northern New York This license does not include any resale or commercial use of this Website or its Contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its Contents; any downloading or copying of account information; or any use of data mining, robots, screen-scraping, or similar data gathering and extraction tools. We reserve the right to revoke any license under these Terms granted to you at any time and for any or no reason.
You may not:
- Reproduce, duplicate, publicly display, alter, modify, copy, sell, resell, visit and create derivative works from, or otherwise exploit, the Website and its Content or any portion thereof for any commercial purpose without our express prior written consent; Frame or use framing techniques to enclose any template, trademark, logo, or other proprietary information (including text, page layout, images, or form) of The Orchestra of Northern New York Events;
- Use any “deep-link”, “page-scrape”, “robot”, “spider” or any other similar process to access, acquire, copy or monitor any portion of the Website, or to obtain any materials or information through any means not purposely made available through the Website, or for any other unauthorized purpose;
- Use any device, software or routine to interfere, or attempt to interfere, with the proper working of the Website;
- Take any action that places a disproportionately large load on the infrastructure of the Website;
- Restrict or inhibit in any way any other User from using or enjoying the Website;
- Use any meta tags or any other “hidden text” utilizing names of trademarks of The Orchestra of Northern New York Events and its parent companies, subsidiaries or affiliates without the express prior written consent of The Orchestra of Northern New York
- Attempt to gain unauthorized access to any portion or feature of the Website or to any of the Services offered by us, by hacking, password “mining” or any other illegitimate means;
- Breach the security or authentication measures on the Website, reverse look-up or trace any information, including but not limited to personal identification, of any other User of the Website, including any account not owned by you, to its source.
Any unauthorized use of our Services or the Website terminates the permission or license granted by The Orchestra of Northern New York
The Orchestra of Northern New York owns the copyright and all other rights in the Services and the The Orchestra of Northern New York Events Content material on this Website. No photography, filming, broadcast, alteration, or modification of the pages or elements within the pages of this Website is permitted. No part of the Website and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial or business use, without the express prior written consent of The Orchestra of Northern New York Subject to this paragraph, all rights in material on this Website are reserved to The Orchestra of Northern New York If an enhancement, improvement or other modification is created as a result of integration, you shall have all right, title and interest only in such enhancement, improvement or other modification that remains after any The Orchestra of Northern New York Events Content, Services, documentation, software, information and any other material provided or owned by us, or any other Content not provided by you, have been removed from such enhancement, improvement or other modification.
Linking to Our Website
We welcome 'hot links' and 'deep links' to our website, by which we mean that you may include a link to any page of our website. You may not display the contents of our website (or any page from it) or allow it to be displayed, surrounded, or framed or otherwise surrounded by material not originating from us without our consent. If you would like to license our material, please email us at: email@example.com.
Links to Other Sites
This Website may contain links to third-party websites. Such links are provided solely as a courtesy to the Users, and the linked websites are not under our control. We are not responsible for the content of such linked websites, including any information or materials available on such websites.
We will use reasonable endeavors to ensure that the website does not contain or promulgate any viruses or other malicious code. However, The Orchestra of Northern New York Events recommends that you should virus-check all materials downloaded from the website and regularly check for the presence of viruses and other malicious code. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL LIABILITY IN CONNECTION WITH ANY DAMAGE OR LOSS CAUSED BY COMPUTER VIRUSES OR OTHER MALICIOUS CODE ORIGINATING OR CONTRACTED FROM THE WEBSITE.
The following are trademarks or tradenames and the trade dress of The Orchestra of Northern New York Events and The Orchestra of Northern New York, or its parent or sister companies and which may be registered in certain jurisdictions:
You may not use this trademark or tradename or trade dress unless explicitly permitted by The Orchestra of Northern New York in writing.
Payment Processing Information
After examination of several online payment services, we feel that Stripe is the most beneficial to our users due to their reliability, security, and ease of use. For selling/purchasing tickets, The Orchestra of Northern New York Events recommends that you use Stripe payment processing.
The Orchestra of Northern New York Events is based in the United States and all transactions are in U.S. dollars. While you may use The Orchestra of Northern New York Events for events outside the United States with the prior express approval of The Orchestra of Northern New York, please be aware that only U.S. currency is accepted at this time.
On certain parts of the Website, you will be asked to register and provide certain information about yourself. Where you do this, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the relevant registration form (such information being the “Account Data”), and (b) maintain and promptly update the Account Data to keep it true, accurate, current, and complete.
By using the Website, you further acknowledge and agree that Internet transmissions are never completely private or secure, and any message or information you send to the Website may be read or intercepted by others, even if such transmission is deemed to be encrypted or otherwise secure.
Your Username and Password
The registration processes on this Website will involve you being allocated with a unique username and/or password that gives you access to your Website account. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur through your Website account. You agree to: (a) immediately notify us if you become aware of any unauthorized use of your password or Website account, or any other breach of security, by sending an appropriately worded email to firstname.lastname@example.org, and (b) ensure that you exit from your Website account at the end of each session. You may be held liable for losses incurred by us, any other User of the Website or any third party due to someone else using your username and password as a result of your failing to keep your account information secure and confidential.
You may not use anyone else’s username and password without the express permission and consent of the holder of that username and password.
You may only become a registered user of the Website and use our Services if you are eighteen (18) years or older. We accept no liability if you misrepresent your age in order to access the Website.
We cannot and will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you upload or send any text, images, documents, audio, video, or other User Content to this Website, you accept that the files sent, and all rights therein, do not infringe any third-party rights and are your sole property and ownership, and, if requested, you can make available proof of such ownership. We may require you to confirm your rights pertaining to your User Content, and where requested to do so, you shall provide all reasonable assistance to us. You are entirely responsible for the User Content provided by you and for any consequences arising in connection with that User Content (including any loss or damage suffered or incurred by us).
When you submit User Content to the Website or in connection with the Services, you allow us to use this User Content. You grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your User Content.
You represent and warrant that: (a) you have all licenses, rights, consents, and permissions necessary to grant the rights set forth in these Terms to The Orchestra of Northern New York with respect to your User Content; (b) your User Content does not and will not infringe any third party’s intellectual property rights, proprietary rights, privacy rights, confidentiality, rights of publicity, or otherwise violate these Terms or any applicable law, and (c) we shall not need to obtain any licenses, rights, consents, or permissions from, or make any payments to, any third party for any use of your User Content or have any liability to a User or any third party as a result of any use or exploitation of your User Content.
Removal and Change of User Content
We will not view, edit, or pre-screen any User Content. Therefore, unless we are specifically notified of the nature of any item of User Content, you cannot assume that we are responsible for having made it available on the Website. We, and others that we designate, shall have the right (but not the obligation), at our sole discretion, to refuse or remove any User Content that is posted on any of our templates or on the Website generally without the need to give any reasons for doing so. You hereby grant us the right to make changes, edits, modifications, translations, formatting, or otherwise change or delete your User Content at our sole discretion.
No Resale of Service
You agree not to reproduce, copy, or resell any portion of our Services for any commercial purposes. You agree that you are authorized only to view the Website for your own personal use.
We reserve the right to refuse or limit access to the Website or provision of any feature or Services to anyone for any reason at any time. Any offer for any feature or Services in connection with the Website is void where prohibited. If you choose to access the Website from outside the United States, you do so on your own initiative and risk, and you are solely responsible for complying with all applicable U.S. and foreign laws.
Representations and Warranties
You represent and warrant the following:
- You are over eighteen (18) years of age;
- If you are a Buyer, you are not buying tickets specifically for resale and are not a re-seller, wholesaler, or bulk purchaser of tickets;
- You will not use our Website or Services for any unacceptable uses as listed in these Terms;
- You will not use our Website or Services to violate any U.S. or foreign federal, state, or local law;
- You will only use our Website or Services to transmit and disseminate information reasonably related to your ticket purchase and/or event;
- The information you provide, including, without limitation, all information concerning your name, address, credit card number, and other identifying information of any nature, will be true, complete and correct, and you will update all information as it changes.
Disclaimer of Warranty
THE WEBSITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” BASIS. WE DO NOT PROMISE THAT THE WEBSITE OR ANY OF ITS FEATURES, ITS CONTENT AND OUR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE WEBSITE AND THE SERVICES WILL PROVIDE SPECIFIC RESULTS OR WILL MEET YOUR REQUIREMENTS. WE MAKE NO REPRESENTATIONS ABOUT THE QUALITY, SAFETY, MORALITY OR LEGALITY OF ANY CONTENT ON THE WEBSITE. ALL INFORMATION PROVIDED ON THE WEBSITE IS SUBJECT TO CHANGE WITHOUT NOTICE. WE CANNOT ENSURE THAT ANY FILES OR OTHER DATA DOWNLOADED FROM THE WEBSITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DISCLAIM ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND OUR SERVICES. USE OF THE WEBSITE AND THE SERVICE IS AT YOUR SOLE RISK, AND YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE, ANY LINKED WEBSITES, AND THE SERVICES. YOUR SOLE REMEDY IN CASE OF DISSATISFACTION WITH THE WEBSITE AND OUR SERVICES IS TO STOP USING THE WEBSITE AND OUR SERVICES. WE ARE NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT ANY EVENT. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, IN CONNECTION WITH YOUR USE OF THIS WEBSITE OR THE SERVICES SHALL CREATE ANY WARRANTY.
Limitation of Liability
WE WILL NOT BE RESPONSIBLE FOR ANY LOSSES OR DAMAGES ARISING FROM BUYERS’ ATTENDANCE AT EVENTS FOR WHICH THE TICKET IS ISSUED, INCLUDING, WITHOUT LIMITATION, CLAIMS FOR PERSONAL INJURY OR DAMAGE TO PERSONAL PROPERTY, OR ANY OTHER CLAIMS FOR NEGLIGENCE ON THE PART OF THE EVENT ORGANIZER OR THIRD PARTIES. ALL BUYERS VOLUNTARILY ASSUME ALL RISKS AND DANGER INCIDENTAL TO THE EVENT, WHETHER OCCURRING BEFORE, DURING OR AFTER THE EVENT AND WAIVE ANY CLAIMS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY OR DEATH, AGAINST The Orchestra of Northern New York AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OWNERS, AGENTS, OFFICERS, DIRECTORS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES, ON BEHALF OF THEMSELVES AND ANY ACCOMPANYING MINOR. BUYERS, ON BEHALF OF THEMSELVES AND ANY ACCOMPANYING MINOR, HEREBY RELEASE AND FOREVER DISCHARGE The Orchestra of Northern New York AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS, OWNERS, REPRESENTATIVES, CONTRACTORS, AND EMPLOYEES, FROM ANY LIABILITY OR CLAIMS FOR DAMAGES THAT MAY ARISE AS A RESULT OF THE ATTENDANCE AT THE EVENTS. IN ADDITION, BUYERS WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE RELEASED PARTY.”
It is hereby understood that the purchase of tickets by the Buyers and the attendance at such events shall not be construed as an assumption on the part of The Orchestra of Northern New York of responsibility, liability, or control of the events. Buyers bear all risks of inclement weather. Event date and time are subject to change.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL The Orchestra of Northern New York, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, THEIR OWNERS, AGENTS, REPRESENTATIVES, OFFICERS, DIRECTORS, CONSULTANTS, CONTRACTORS, AND EMPLOYEES, BE LIABLE FOR ANY MATTER BEYOND THEIR REASONABLE CONTROL OR FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES AND LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH YOUR PURCHASE OF TICKETS THROUGH The Orchestra of Northern New York Events AND/OR THE WEBSITE AND/OR YOUR USE, MISUSE, OR INABILITY TO USE THE The Orchestra of Northern New York Events SERVICES OR THE WEBSITE. THIS LIMITATION OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, WE ARE FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH ARISES OUT OF, OR IS IN ANY WAY CONNECTED WITH, YOUR USE OF THE WEBSITE OR OUR SERVICES, OUR AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED THE GREATER OF (1) THE TOTAL OF ANY FEES WITH RESPECT TO ANY SERVICE OR FEATURE OF OR ON THE WEBSITE PAID BY YOU IN THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE ACT THAT GAVE RISE TO THE LIABILITY, OR (2) ONE HUNDRED U.S. DOLLARS (U.S. $100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS SHALL RESTRICT OR EXCLUDE ANY WARRANTY OR LIABILITY THAT WE HAVE TO ANY PARTY WHICH CANNOT BE EXCLUDED BY LAW, AND IN PARTICULAR, AND NOTWITHSTANDING ANY TERM OF THESE TERMS, OUR LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE SHALL NOT BE LIMITED OR EXCLUDED IN ANY WAY IF THE APPLICABLE LAW DOES NOT PERMIT SUCH EXCLUSION OR LIMITATION. ONLY THE LIMITATIONS WHICH ARE LAWFUL UNDER THE APPLICABLE LAWS WILL APPLY, AND OUR LIABILITY AND WARRANTY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold The Orchestra of Northern New York Events, The Orchestra of Northern New York, its parent companies, subsidiaries, affiliates, and their owners, representatives, agents, officers, directors, predecessors, successors in interest, licensors, payment processor partners, consultants, contractors, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), claims, liabilities, demands, losses, or expenses (including, without limitation, legal fees) resulting from any claim, demand, suit, proceeding, decision, judgment, investigation or action made by any third party which arise from, or are in connection with, your use of the Website and our Services, products, or combination thereof, the Event Organizers’ events, your breach of these Terms of Service, including any terms or agreements incorporated into these Terms of Service, or your breach of any applicable U.S. or foreign law. You are solely responsible for the information and the customization of The Orchestra of Northern New York Events products.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter for which you have agreed to indemnify us, and you agree to assist and cooperate with us as reasonably required in the defense and settlement of any such matters.
Restricted Countries and Export Controls
In accepting these Terms, you represent and warrant that: (a) you are not an individual or entity listed on the “Entity List” or “Denied Persons List” maintained by the U.S. Department of Commerce or the list of “Specifically Designated Nationals and Blocked Persons” maintained by the U.S. Department of Treasury, and you are not otherwise prohibited or restricted under any United States export control laws and regulations, (b) you are not an individual or entity that resides in a country designated by the U.S. Department of Treasury or Commerce or any other U.S. Government agency as subject to sanctions or other similar restrictions that would prohibit the use of the Services and the Website on any grounds, including, without limitation, terrorism, foreign bribery and corruption practices, human trafficking and human rights abuse, or any kind of risk for the security or interests of the United States or its citizens, (c) you are not representative or part of any foreign government of a country designated by the U.S. Department of Treasury or Commerce or any other U.S. Government agency as subject to sanctions or other similar restrictions that would prohibit the use of the Services or the Website on any grounds, including, without limitation, terrorism, foreign bribery and corruption practices, human trafficking and human rights abuse, or any kind of risk for the security or interests of the United States or its citizens.
You acknowledge the importance of compliance with all applicable laws and regulations. You may not use or export or re-export any Content or any copy or adaptation thereof, or any Services offered on or in connection with the Website, in violation of any applicable laws or regulations, including, without limitation, United States export control laws and regulations. Event Organizers shall conduct proper and thorough due diligence on Buyers to ensure that sales to Buyers are not used to support, or are not otherwise connected with, terrorism, foreign bribery and corruption practices, human trafficking and human rights abuse, or with any kind of risk for the security or interests of the United States or its citizens, and comply with the requirements of this section “Restricted Countries and Export Control” at all times.
Variation of These Terms of Service
The Orchestra of Northern New York Events reserves the right to vary these Terms from time to time. Such variations become effective immediately upon the posting of the varied Terms on the Website. By continuing to use the Website, you will be deemed to accept such variations. You agree to review these Terms periodically to ensure that you are familiar and comply with the most recent version
Refund and Ticketing Policies
Before purchasing any tickets, it is Buyers’ responsibility to carefully review all aspects of the event (dates, pricing, charges, seat selection, etc.). The event organizer will not issue any refunds or exchanges because you failed to review this information, and the event organizer will not issue any refunds for any lost, stolen, destroyed, or damaged tickets. It is the sole responsibility of the Event Organizer to issue all refunds, and Buyers must request refunds from the Event Organizer.
The Orchestra of Northern New York Events DOES NOT ACCEPT ANY RESPONSIBILITY OR LIABILITY FOR SERVICES PROVIDED BY EVENT ORGANIZERS TO BUYERS. Event Organizers are fully responsible for notifying Buyers if an event has been cancelled or otherwise modified, or if conditions related to the rights of ticket holders have changed. The relationship between Event Organizers and Buyers, and the Event Organizers’ exchange, chargeback and refund policy, govern any refund, chargeback and exchange policy for event tickets, subject to the terms and conditions of the payment processor, either Stripe of Paypal.
All communications and disputes regarding chargebacks and refunds are solely between the Event Organizer and the Buyer.
Issuance of complimentary or offline tickets is the sole responsibility of the Event Organizer. Our customer support team may issue tickets on behalf of the Event Organizer if they have received verbal or written permission from the Event Organizer.
Term and Termination
These Terms apply to you as soon as you access the Website and/or start using the Services and continue in effect until they are terminated.
Your right to use the Website and the Services is terminated: (a) if you violate or breach these Terms; (b) if you misuse or abuse the Website or the Services, or use the Website and the Services in a way not intended or permitted by The Orchestra of Northern New York Events, or (c) if allowing you to access and use the Website and the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations, or would expose us to legal liability. In addition, we may, at any time, for any reason, and without notice: (a) modify, suspend or terminate operation of, or access to, the Website or our Services, or any portion thereof; (b) interrupt the operation of the Website and the Services, or any portion thereof, for the purpose of performing maintenance, error correction, or other changes; and (c) modify or change the Website and the Services, or any portion thereof, and any applicable terms pertaining to the Website and the Services. You agree that you do not have any rights in this Website and that we will have no liability to you or any third party if this Website is discontinued or your ability to use or access the Website or the Services is terminated.
Except to the extent you and The Orchestra of Northern New York have agreed otherwise in a separate written agreement, you may terminate your access to the Services and the general applicability of the Terms by deleting your account and permanently discontinuing any use of the Website and the Services. If you are a User using the Services and the Website without a registered account, your only option for these Terms to no longer apply is to permanently stop accessing the Services and the Website. So long as you continue to access the Services and the Website, even without an account, these Terms remain in effect. If there is a separate agreement between you and The Orchestra of Northern New York Events governing your use of the Website and the Services and that agreement terminates or expires, these Terms, as unmodified by such agreement, will govern your use of the Website and the Services after such termination or expiration.
The Orchestra of Northern New York reserves the right to terminate your service if any of our employees are mistreated by a user or visitor of the service. Abusive behavior will not be tolerated.
All provisions of these Terms that by their nature should survive termination of these Terms will survive, including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, choices of law and judicial forum, and intellectual property protections.
These Terms constitute the entire agreement between you and The Orchestra of Northern New York with regard to your use of the Website and the Services. All other written or oral agreements or understandings previously existing between you and The Orchestra of Northern New York with respect to such use are hereby superseded and cancelled. Any representations, statements or agreements made or entered into elsewhere, whether directly or indirectly, written or oral, are not binding towards us unless expressly confirmed in writing by The Orchestra of Northern New York to you. In the event that any provision of these Terms is held to be invalid or unenforceable, the remainder of these Terms shall remain valid and enforceable, and the invalid or unenforceable provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms. Our failure to insist on or enforce strict performance of these Terms shall not be construed as a waiver by us of any provision or any right we have to enforce these Terms. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties. You may not assign, transfer or delegate any of your rights and obligations hereunder without our prior written consent. We may assign, transfer and delegate any of our rights and obligations hereunder without consent or notification.
Disputes, Governing Law and Jurisdiction
For any problem or dispute that you may have with The Orchestra of Northern New York arising out of or in connection with the Website, the provision of Services and these Terms of Services, you acknowledge and agree that you will first give The Orchestra of Northern New York an opportunity to resolve your problem or dispute. If we are unable to resolve any such dispute within sixty (60) days, the parties shall be free to pursue any right or remedy available to them under applicable law.
You agree that all disputes, claims, controversies and matters relating to or in connection with the Website, the provision of Services and these Terms of Service, or the breach, termination, enforcement, interpretation or validity thereof, shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“AAA Rules”), and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place at a place to be agreed upon in the state of NY, United States of America, before a single neutral arbitrator appointed in accordance with the AAA Rules and shall be conducted in the English language. ALL ARBITRATIONS SHALL BE CONDUCTED AND RESOLVED ON AN INDIVIDUAL BASIS AND NOT A CLASS-WIDE, MULTIPLE PLAINTIFF OR SIMILAR BASIS. NO ARBITRATION SHALL BE CONSOLIDATED WITH ANY OTHER ARBITRATION PROCEEDING INVOLVING ANY OTHER PERSON OR ENTITY.
These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of NY, United States of America, without regard to conflict of law principles. SUBJECT TO THE ABOVE ARBITRATION PROVISIONS, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND ACTIONS, AT LAW OR IN EQUITY, ARISING OUT OF OR RELATING TO OR IN CONNECTION WITH THE WEBSITE, THE PROVISION OF SERVICES AND THESE TERMS OF SERVICE, OR THE BREACH, TERMINATION, ENFORCEMENT, INTERPRETATION OR VALIDITY THEREOF, MUST BE BROUGHT IN THE FEDERAL OR STATE COURTS LOCATED IN THE STATE OF NY, AND THAT SUCH COURTS SHALL HAVE EXCLUSIVE JURISDICTION AND VENUE FOR ANY SUCH ACTIONS, EXCEPT THAT WE RETAIN THE RIGHT TO SUBMIT A DISPUTE TO ANY COURT OF COMPETENT JURISDICTION. WE ALSO MAY SEEK INJUNCTIVE OR OTHER EQUITABLE RELIEF FOR BREACH OF THESE TERMS OF SERVICE IN ANY COURT OF COMPETENT JURISDICTION WHEREVER LOCATED. YOU CONSENT TO THE JURISDICTION OF AND VENUE IN SUCH COURTS AND WAIVE ANY OBJECTION AS TO INCONVENIENT FORUM. The prevailing party in any suit, action or proceeding, including any arbitration proceeding, will be entitled to recover its reasonable legal fees and costs and expenses from the other party. Any claim under these Terms of Service must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. If any provision of this binding arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced; however, in no case will there be a class or representative arbitration.
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