TERMS AND CONDITIONS
1. ACCEPTANCE OF TERMS This website is operated by Irvington Theater and we welcome you to our site. Throughout the site, the terms “we”, “us” and “our” refer to Irvington Theater. Irvington Theater offers this website, including all information, ticketing, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then please do not access the website or use any services. Any new features or tools which are added to the current site shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
2. COMMUNITY GUIDELINES Our community, like any community, functions best when its people follow a few simple rules. By accessing and/or using the Website, you hereby agree to comply with these community rules and that: • You will not use the Website for any unlawful purpose or to engage in any commercial activities, including, without limitation, selling tickets; raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi- tiered marketing scheme; • You will not upload, post, e-mail, transmit, or otherwise make available any content that: ◦ infringes any copyright, trademark, or other proprietary rights of any person or entity; or ◦ is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; or ◦ discloses any personal information about another person, including that person’s name, e- mail address, postal address, phone number, credit card information, or any similar information; • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password mining, or any other means. Please be aware that the majority of the content found on or through the Website is for general audiences, but there may be certain adult or mature content. Accordingly, individuals who are less than 13 years of age should not use the Website. If you do use the Website, you represent and warrant that you are at least 13 years of age. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion of the Website, without notice.
3. TICKETING & BOX OFFICE A ticket cannot be replaced if lost, stolen or destroyed and is valid only for the performance of the event occurring on the date and at the time, and for the seat location, set forth on the ticket. A ticket is not redeemable for cash. The unlawful sale or resale or attempted unlawful sale or resale of a ticket is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be invalid, lost, stolen or counterfeit and, if so, are void. Unauthorized use or duplication of a ticket, in whole or in part, is strictly prohibited. Each ticket is a revocable license and admission may be refused upon refunding the purchase price appearing thereon. In addition, venue management reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission to or eject any person whose conduct is deemed by management to be unsafe or disorderly, who uses inappropriate, vulgar or abusive language, who fails to comply with the venue’s health and safety protocols or other policies, or who fails to comply with the terms and conditions set forth herein or any other policy referred to herein or located on the website of Irvington Theater. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us. We reserve the right to refuse service to anyone for any reason at any time. LATECOMERS WILL BE SEATED AT THE DISCRETION OF MANAGEMENT. EVENT, DATE, TIME & PERFORMERS SUBJECT TO CHANGE WITHOUT NOTICE.
4. INTELLECTUAL PROPERTY The Website and all of its content including, but not limited to, articles, other text, photographs, illustrations, graphics, product names, designs, logos, video material, and audio clips (collectively, “the Intellectual Property”) are protected by copyright, trademark, and other laws of the United States, as well as international conventions and the laws of other countries. The Intellectual Property is owned or controlled by Irvington Theater or the party credited as the provider or owner of the Intellectual Property. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Website is the exclusive property of Irvington Theater and is protected by U.S. and international copyright laws. All software used on the Website is the property of Irvington Theater or commercial software suppliers and is protected by U.S. and international copyright laws. Subject to the terms and conditions hereof, you may view, copy, download, or print material appearing on the Website (“Site Materials”) subject to the following conditions: • The Site Materials may only be used for your personal, non-commercial use; • The Site Materials may not be modified; • All copyright, trademark, and other proprietary notices contained in all such Site Materials may not be altered or deleted. • The copying, modification, revision, reproduction, republication, uploading, posting, transmission, or distribution for commercial or non-personal purposes of any Site Material or elements from the Website including, but not limited to, the designs or layouts of the Website, individual elements of the Website’s designs, or the Irvington Theater logo or other “Trademarks” as defined below, without the express written permission of Irvington Theater, or other owners of the Intellectual Property is strictly prohibited. For purposes of this Agreement, the use of any Site Materials on any other website or networked computer environment is prohibited. • The trademarks, logos, and service marks displayed on the Website (collectively, the “Trademarks”) are the trademarks of Irvington Theater and other parties. Nothing contained in the Website should be construed as granting by implication, estoppel or otherwise, any license or right to use any Trademark displayed on the Website without the written permission of Irvington Theater or the third party that owns the Trademarks specific for each such use. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in this Agreement, is strictly prohibited. Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the Trademark owner’s benefit, whether Irvington Theater or some third party. Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Site Materials may be retransmitted without our express, written consent for each and every instance.
5. DISCLAIMER The materials on Irvington Theater’s website are provided “as is”. Irvington Theater makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non- infringement of intellectual property or other violation of rights. Further, Irvington Theater does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site. 6. LIMITATIONS In no event shall Irvington Theater or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Irvington Theater’s Internet site, even if Irvington Theater or an Irvington Theater authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
7. REVISIONS AND ERRATA The materials appearing on Irvington Theater’s web site could include technical, typographical, or photographic errors. Irvington Theater does not warrant that any of the materials on its web site are accurate, complete, or current. Irvington Theater may make changes to the materials contained on its web site at any time without notice. Irvington Theater does not, however, make any commitment to update the materials.
8. LINKS Certain content, products and services available via our site may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
9. PROHIBITED USES In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
10. SITE TERMS OF USE MODIFICATIONS Irvington Theater may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
11. INDEMNIFICATION You agree to indemnify, defend and hold harmless Irvington Theater and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third- party.
12. SEVERABILITY In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
13. TERMINATION The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
14. ENTIRE AGREEMENT The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
15. GOVERNING LAW Any claim relating to Irvington Theater’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions.
PRIVACY POLICY
Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy. • Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. • We will collect and use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law. • We will only retain personal information as long as necessary for the fulfillment of those purposes. • We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned. • Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. • We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. • We will make readily available to customers information about our policies and practices relating to the management of personal information. We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.