TERMS AND CONDITIONS
The following are the terms and conditions ("Terms") that govern use of the yosttheater.com site ("Site"), including use of the Site to join our Mailing List to receive promotional communications including complimentary admission and updates on upcoming club nights, concerts, events, and news (“Promotional Communications”) and use of tickets obtained via the Site or Promotional Communications (“Tickets”) for events at any venue including the Yost Theater (“Venue”). Any other policies, rules or guidelines that may be applicable to particular offers of features on the Site or in Promotional Communications are also incorporated into these Terms. By accessing this Site, you are agreeing to be bound by these Terms and all applicable laws and regulations. Further, you agree that you are responsible for compliance with any applicable local laws. Further, to the extent permitted by law, you agree that, if you obtain a Ticket on behalf of someone else, you have been authorized by him/her to accept the Terms on his/her behalf, and you accept the Terms on his/her behalf.
1. Attendance at Events
Start times of a Venue event (“Event”) are subject to change without notice.
License and Ejection
Each Ticket is a personal revocable license granting the holder of the Ticket (“Holder”) admission to attend an Event subject to the Terms and shall remain property of The Ritz and Yost, Inc., a California corporation and its successors and assigns (“Company”). The Holder agrees to abide by all rules, regulations, and policies established by the Venue. Holder may not transmit or aid in the transmitting, any description, account, picture or reproduction of the Event.
Company, its affiliates, subsidiaries, and all past, present and future successors, assigns, agents, officers, directors, shareholders, partners, joint venturers, insurers, employees, representatives, and independent contractors of such (collectively the “Company Parties”) reserves the right to refuse the Holder entry to and/or eject the Holder from the Venue in any and all reasonable circumstances including, but not limited to: 1) bringing in outside food/beverage; 2) using cameras/recording devices inside the Venue; 3) bringing in weapons and illegal substances; and/or 4) behaving in a manner that negatively affects the enjoyment of other patrons.
Consent to Search and Assumption of Risk
By entering the Venue, Holder may be subject to submit Holder and Holder’s belongings to a search. Holder consents to such searches and waives any related claims that may arise (to the extent permitted by law). If Holder withdraws consent to such searches, Holder may be denied entry to the Event without refund or other compensation. Venue rules prohibit certain items from being brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers. Such items may be confiscated and the Company Parties do not accept any responsibility for confiscated items.
Holder hereby expressly acknowledges that the Event which Holder is about to attend involves, or may involve, certain acts, events, performances and/or occurrences, including the risks and dangers associated with being an audience member in a live performance, which by their very nature are inherently dangerous and may pose risk of personal injury (including death) or property damage, regardless of whether human fault was or was not a factor in the said injury or injuries.
Holder expressly acknowledges that Holder voluntarily and with full disclosure of the potential danger(s) associated with the Event, assumes the risk(s) that are implied in such activities, and by virtue of such acknowledgement irrevocably indemnifies and holds the Company Parties harmless from any liability of any and all types whatsoever, without limitation.
Holder also expressly indemnifies, releases, and holds the Company Parties harmless from and against any and all claims which Holder may have for invasion of privacy, defamation, violation of any right of publicity, or any other cause of action arising out of the production, reproduction, distribution, transmission, publication, public performance, broadcast or exhibition of advertisements, promotions, content, programs and/or materials in which recordings or photographs of Holder from the Event might appear.
BY ATTENDING THE EVENT, HOLDER IS DEEMED TO HAVE GIVEN THE FOREGOING CONSENTS, INDEMNITIES, RELEASES, AND WAIVERS TO THE FULLEST EXTENT PERMITTED BY LAW.
IF HOLDER IS ACCOMPANYING A MINOR OR MINORS TO THE EVENT, BY ALLOWING THE MINOR(S) TO ATTEND THE EVENT WITH HOLDER, HOLDER IS DEEMED TO HAVE GIVEN THE FOREGOING CONSENTS, INDEMNITIES, RELEASES, AND WAIVERS TO THE FULLEST EXTENT PERMITTED BY LAW ON BEHALF OF SUCH MINOR(S).
2. Use License
The site and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video, clips, and HTML code, source code, or software that resides or is viewable or otherwise discoverable on the Site and on Promotional Communications, and all Tickets (collectively "Content") are owned by us or our licensors. We own copyrights, and in many instances, patents and other intellectual property in the Site and Content. We may change the Content and features of the Site or Promotional Communications at any time. Permission is granted to temporarily download one copy of the materials (information or software) on the Site or Promotional Communications for personal, non-commercial transitory viewing only. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view this Site and Promotional Communications, and their Content, and to purchase Tickets as permitted by these Terms, for non-commercial purposes only if, as a conditional precedent, you agree that you will not:
- Modify or copy the materials;
- Reproduce or scan Tickets in a format or medium different from that provided by the Site or Promotional Communications;
- Use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
- Attempt to decode, decrypt, modify, or reverse engineer any Tickets, software, or underlying algorithms or barcodes contained on the Site;
- Remove any copyright, trademark, or other proprietary rights contained on the Site, Promotional Communications, or on the materials; or
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Transfer the materials to another person or "frame" or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by yosttheater.com at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Use License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of the Site, Promotional Communications, or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of the Site and Content, and infringes our copyrights, trademarks, patents and other rights in the Site, Promotional Communications, and Content. You will not acquire any ownership rights by using the Site, Promotional Communications, or Content. The registered and unregistered trademarks, logos and service marks displayed on the Site and Promotional Communications are owned by us or our licensors. You may not use our trademarks, logos and service marks in any way without our prior written permission.
THE COMPANY DOES NOT PROMISE THAT THE SITE OR PROMOTIONAL COMMUNICATIONS WILL BE ERROR-FREE. THE COMPANY DOES NOT PROMISE THAT THE SITE WILL BE UNINTERRUPTED, OR THAT IT WILL PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY CONTENT, SEARCH OR LINK ON IT. The materials on the Site and in Promotional Communications are provided "as is" and "as available." The Company 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, the Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on the Site or Promotional Communications or otherwise relating to such materials or on any sites linked to the Site or Promotional Communications.
In no event shall the Company Parties 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 the Site, even if the Company Parties or an authorized representative of any Company Parties 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.
5. Revisions and Errata
The materials appearing on the Site could include technical, typographical, or photographic errors. The Company does not warrant that any of the materials on the Site are accurate, complete, or current. The Company may make changes to the materials contained on the Site at any time without notice. The Company does not, however, make any commitment to update the materials.
6. Promotional Communications
You agree that, to the full extent permitted by law, you hereby waive your right to seek or recover damages or any other relief, including without limitation penalties, attorney’s fees, and costs, arising from or relating to inadvertent noncompliance of Promotional Communications with legal requirements governing the sending of texting and/or email marketing communications.
8. Terms Modifications
The Company may revise and make changes to these Terms at any time without notice. Any changes made will be effective immediately when we posted a revised version of these Terms on the Site. The "Last Updated" date will indicate the last date of revision. Your continued used of the Site (including receipt of Promotional Communications) following the updated Policy indicates your acceptance of the changes.
Any claim brought against the Company Parties by or on behalf of you or a Holder or any minor accompanying a Holder to an Event which involves the interpretation or enforcement of the Terms, including any claim which seeks damages, restitution, or any other relief arising from or relating to the Site, Promotional Communications, Content, or an Event for which the claimant was a Holder of a Ticket, shall be resolved exclusively by binding arbitration in accordance with the rules of the American Arbitration Association. Any party may file pre-hearing motions directed at the legal sufficiency of a claim or defense equivalent to a demurrer or summary judgment prior to the arbitration hearing. Either party may seek to have a court of competent jurisdiction enforce an arbitration award. The cost of the arbitrator will be split equally between the party or parties bringing the claim and the party or parties against whom the claim is brought. Each party will be responsible for its own attorney or other related fees.
The Terms are a legally binding contract between client and the Company. By using the Site and/or joining our Mailing List, you agree to the above-stated terms.
The Terms are subject to change without any prior notification, and any changes will be posted here. The Terms, together with any other agreements incorporated herein or referred to herein, constitute the entire agreement between you and the Company relating to the subject matter hereof, and supersedes any prior understanding or agreement (oral or written), regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
The heading of each section in these Terms is for convenience only and shall not alter the meaning or interpretation of that section.
Lastly, we reserve the right to refuse service to anyone for any reason.