Terms and Conditions - Kravis Center for the Performing Arts

Thank you for visiting The Raymond F. Kravis Center for the Performing Arts, Inc. (“Kravis,” “us,” “we” or “our”) website (the “Site”). The following terms and conditions (“Terms”) govern your (“you” or “your”) use of the Site. Our Privacy Policy and any other policies, rules or guidelines that may be applicable to your use of this Site are also incorporated into these Terms. By using this Site, you expressly agree to these Terms. We reserve the right to update and make changes to these Terms at any time. Using this Site after we update these Terms constitutes your agreement to the changes. If you do not agree to these Terms or any updates, please do not use the Site.

The Site is not intended for children, and no person under the age of thirteen (13) may use the Site. If you use the Site, you affirm you are at least thirteen (13) years old.

Account Registration
You may browse the Site without registering for an account. However, if you wish to purchase tickets through the Site, you are required to create an account, which will include a username and password. You are responsible for keeping your username and password confidential. All use of your username and password, and all activities (including purchases) that are conducted through your account are your responsibility, and we are not liable for any harm related to the disclosure of your username or password or anyone else’s use of your username or password. You may not use anyone else’s account without that person’s permission. If you discover any unauthorized use of your account or other account-related security issues, please contact us immediately. We may require you to change your username and/or password if we believe your account is not secure. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.

Code of Conduct
You agree that you will comply with all applicable laws, rules and regulations, when using the Site. You will not:

· Use the Site for any unlawful purpose, including purchasing tickets for the purpose of resale in violation of
applicable law;

· Express or imply that we endorse or sponsor anything that you do, without our prior written consent;

· Impersonate any person or entity while using this Site;

· Submit (i) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes upon our or any third party’s intellectual property or other rights; (ii) any non-public information about another person without authorization; or (iii) any unsolicited commercial communication such as advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other similar communication or content; Submit, or provide links to, any postings containing material that we, in our sole discretion, determine (i) to be harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, or (ii) harasses, victimizes, degrades, or intimidates any person on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;

· Engage in spamming or fishing;

· Collect and/or assemble information about Site users;

· Order a number of tickets in excess of the stated limit for an event.

Ownership and Limited License; Use Restrictions
As between you and us, we or our licensors own the Site and all data, text, designs, pages, images, artwork, photographs, audio, video, and all software including all source code and all other code that is used on the Site (collectively, the “Content”). We own a copyright in the Site and the Content. We may change the Content and features of the Site at any time.

We grant you a limited, non-exclusive, non-transferable, non-sub-licensable license to use the Site and the Content for informational purposes and to purchase tickets to events. The Site cannot be used for commercial purposes.

When using the Site, you agree you will not do anything that violates our rights or may damage the Site including, without limitation:
• Submit any software or other materials that may disrupt or attempt to disable or destroy the Site, such as viruses, worms, Trojan horses, defects, date bombs, time bombs;
• Link to any portion of the Site other than the URL assigned to the home page of our site;
• “Frame” or “mirror” any part of the Site;
• Copy or scrape any Content;
• Reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or algorithms from any part of the Site;
• Remove any copyright, trademark or other proprietary rights notices contained on the Site or any Content;
• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
• Reproduce, modify, display, publicly perform, distribute or create derivative works of the Site or the Content;
• Use the Site or the Content in an attempt to, or in conjunction with, any device, program, automated software or system or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Site and/or the Content in any way including, without limitation, by manual or automatic device or process, for any purpose.

Trademarks and Copyrights
All registered and unregistered trademarks, logos and service marks (collectively “Marks”) and copyrights displayed or used on the Site are owned by our licensors or us. You may not use the Marks or any copyrighted material in any way without our prior written permission.

Purchases, Refunds and Exchanges
All ticket purchases are subject to applicable laws and our rules and policies, including our policy on refund and exchanges. We may impose conditions on your use of coupons, promotional codes or gift cards. You will pay all charges incurred by you or any users of your account and/or credit card (or other applicable payment mechanism) at the price(s) in effect when the charges are incurred, including all applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use them. If we cannot verify or authenticate any information you provide during any registration, ordering, purchase, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled. We may refuse to honor all pending and future ticket purchases made with those credit card(s) or bank accounts and/or via any online accounts associated with those credit card(s) or bank accounts. You may not attempt to conceal your identity or purchase tickets on behalf of another person unless you inform that person that you are purchasing the tickets from us on their behalf. You will hold us harmless if you do not comply with laws related to your transactions. All sales are final; there are No Refunds or exchanges. If you are unable to attend a performance, please return your tickets to the Kravis Center for a tax deductible donation.

You acknowledge that pursuant to Section 817.36, Florida Statutes, tickets purchased from the Site may not be resold for more than $1.00 over the original admission price. We may provide law enforcement with information you provide to us related to any transaction conducted with you to assist in any investigation or prosecution of you. We may also prohibit you from further use of the Site.

Social Media and User Content
We may provide the ability for users to post information to message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Media”). You may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials (collectively, “User Content”) through social media or other areas of the Site.

By submitting User Content, you represent that you (i) own it or have the necessary rights to submit it, and (ii) have the written permission of every identifiable person or such persons legal guardian, in the User Content to use that person’s name and/or likeness.

By submitting User Content, you grant us a worldwide, non-exclusive, transferable, sub-licensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize the User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. We are not obligated to post, display or otherwise use any User Content. You will not make or authorize any claim against us that our use of your User Content infringes upon any of your rights.

We have the right (but not the obligation) to monitor the Site, social media and User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.

If we are notified that your User Content does not comply with these Terms, we may remove your User Content and cancel your account.

Copyright Infringement
We comply with the Digital Millennium Copyright Act of 1998 (the “DMCA”). If you believe in good faith that any Content or User Content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (i) your (or your agent’s) physical or electronic signature; (ii) identification of the copyrighted work on our Site that is claimed to have been infringed (or a list, if multiple copyrighted works are included in one notification); (iii) identification of the User Content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the violation on the Site; (iv) your name, address, telephone number and email address (if available); (v) a statement that you have a good faith belief that use of the User Content in the manner complained of is not authorized by you or your agent or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice.

DMCA notices and counter-notices should be sent to:

Copyright Complaints
The Raymond F. Kravis Center for the Performing Arts, Inc.
701 Okeechobee Boulevard
West Palm Beach, FL 33401
Attn: CEO
Email COPYRIGHT@KRAVIS.ORG

Links
This Site may contain links to other websites that may not be owned or operated by us. These links are provided only for convenience and do not constitute our approval or endorsement of the websites. We do not control those websites and are not responsible for their content or privacy practices. Please review the terms of use and privacy policies of any linked website you visit. Your use of the other websites is at your own risk and is subject to its terms and conditions and privacy policy.

Access from Outside the United States
This Site is directed to people residing in the United States. We do not represent that Content available on or through this Site is appropriate or available in other locations. We may limit the availability of this Site or any service or product described on the Site to any person or geographic area at any time. Accessing this Site from outside the United States is done so at your own risk.

Breach of these Terms
If we determine that you have violated these Terms or the law, or for any other reason or for no reason, we may cancel your account, delete all your User Content and prevent you from accessing the Site at any time without notice to you. If that happens, you can no longer use the Site, but you will still be bound by your obligations under these Terms. You agree that we will not be liable to you or any third party for termination of your access to the Site or to your account or any related information, and we will not be required to make the Site or your account or any related information available to you. We may cancel or refuse to honor pending and future purchases made from all accounts we believe to be associated with you, or cancel a ticket or ticket order associated with any person we believe to be acting with you. You agree that monetary damages may not provide us a sufficient remedy and that we may pursue injunctive or other relief and all available remedies for your violation of these Terms.

No Warranties
WE PROVIDE THE SITE AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE” AND YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ALL WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES THAT MAY ARISE FROM A COURSE CONDUCT OR USAGE OF TRADE. WE DO NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR DELAY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

Limitation of Liability
IN NO EVENT WILL WE OR OUR SUPPLIERS, ADVERTISERS OR SPONSORS, BE LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE ARISING OUT OF OR IN CONNECTION WITH THE SITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WE WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR (i) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (ii) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE, (iii) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (iv) ANY LOST, STOLEN OR DAMAGED TICKETS, OR OUR FAILURE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING IT. THIS LIMITATION OF LIABILITY WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN US IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND US. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THIS SITE WILL NOT EXCEED ONE HUNDRED DOLLARS ($100.00). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, SO THESE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

Indemnification
If anyone brings a claim against us related to your use of the Site, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.

Disputes, Waiver of Jury Trial
Any dispute or claim relating in any way to your use of the Site, is governed by the laws of the State of Florida, without regard to its conflicts of laws provisions. You hereby consent to the exclusive jurisdiction of the state or federal courts located in Palm Beach County, Florida, to hear all disputes related to or arising out of these Terms or the subject matter hereof, and agree to waive any objection to the jurisdiction of such courts. WE EACH HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT WHICH EITHER OR BOTH US HAVE TO RECEIVE A TRIAL BY JURY WITH RESPECT TO ANY CLAIMS, CONTROVERSIES OR DISPUTES THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS OR THE SUBJECT MATTER HEREOF.