THANK YOU FOR VISITING OUR SITE (THE “SITE”). This Site is operated by Gerencia 360 Entertainment, Inc. We hope you enjoy the exciting and informative features on our Site. The following are the terms and conditions of use that govern the use of the Site (“TERMS”) PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE OR MAKING ANY PURCHASE ON OR THROUGH THE SITE. Certain areas of the Site (involving, for example, sweepstakes or promotions) may contain promotions or other opportunities that contain additional terms and conditions (“Additional Terms”).
By using the Site, you represent that: (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or legal guardian to use the Site, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Site. If you do not meet these requirements or do not agree to these Terms, please do not use the Site. We reserve the right, at our discretion, to alter or remove contents or features on the Site, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Site or portions thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Site. Please check these Terms periodically for changes. Your continued use of the Site following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the Last Updated notation below the Terms.
We are the owner or licensee of all of the content contained on the Site (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof). The Site is protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under United States and international intellectual property laws. By using the Site you acknowledge that you do not acquire any ownership rights to the Site or any of its contents.
- Limited License; Restrictions
We provide the Site to you for the purposes of providing you with information about us, as well as the exciting events, venues and other products and services offered or described on the Site. You are granted a limited license to download the materials contained on the Site to a single personal computer, and to print a hard copy of the materials contained on the Site, solely for your personal, non-commercial use, and provided all copyright, trademark and other proprietary notices are left intact. You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site must be acknowledged as the source of the material. Use of the materials contained on the Site on any other Internet site is strictly prohibited. The grant of this limited license is conditional upon your agreement to and full compliance with these Terms. Any other use of any of the materials on the Site including reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors. If you download any software from the Site, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are subject to the limited license set out above. We and/or its suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks owned by us or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any license or right to use the Trademarks for commercial or any unauthorized purposes.
- Ticket Purchases
Please review the Ticket Purchase Agreement which will govern your order or purchase of any tickets through the Site and the use of such tickets. You must supply credit card and other personal information in order to complete your purchase.
Holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency). Event date and time are subject to change.
In purchasing tickets you may be linked to a third-party site (e.g. Ticketon.com etc.) which is not affiliated with this Site. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third party sites.
THE SITE AND ITS CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SITE ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SITE WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE SITE ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SITE.
While we try to provide accurate information on the Site, the data and other information contained on the Site is subject to frequent changes. We also receive information from a variety of sources that we do not control and for which cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Site or other websites that link to or from the Site. Please let us know if you discover any inaccuracy in the Site content. As noted above, we are not responsible for the conduct of the operators of third-party sites, and we cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from the Site or third-party content on the Site. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
- Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER GERENCIA 360 NOR ANY OF ITS AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“RELEASEES”), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR MATERIALS CONTAINED ON THE SITE, ANY LINKED SITE OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT GERENCIA 360 SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF A USER TO CONFORM TO THE CODE OF CONDUCT OR THESE TERMS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SITE, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITE OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SITE, MATERIALS, OR THE LINKED WEBSITES, AS APPLICABLE. OUR MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms. You expressly waive all rights you may have under Section 1532 of the California Civil Code, which states:
A GENERAL RELEASE DOES NOT EXTEND THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN ITS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES DURING THE SIX(6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM NEGLIGENCE.
You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys fees arising out of: your use of the Site; any material you post, upload, e-mail or otherwise transmit to or using the Site; or your violation, breach or alleged violation or breach of these Terms.
The Site contains links to other Internet websites, including other websites where you may purchase tickets to events or other goods and services. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Site. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or other service any of our material, content or intellectual property.
- Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Los Angeles County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties. You hereby agree that any dispute will be solely and finally settled in California by binding arbitration in accordance with the Commercial Arbitration Rules and Mediation Procedures of the American Arbitration Association, and the non-prevailing party in the arbitration shall pay the fees and expenses of the arbitrator(s) and the costs of arbitration and the enforcement of any award rendered therein, including the attorneys’ fees and expenses of the prevailing party. In order to commence such a proceeding, please send a letter describing the dispute to Gerencia 360 at:
Gerencia 360 Entertainment, Inc.
11901 Alameda Street
Lynwood, CA 90262
Attn: General Counsel
- Amending the Terms and Conditions of Use
We may add to, change or remove any part of these Terms at any time, without notice. Any changes to these Terms or any Terms shown on the Site apply as soon as they are shown. By continuing to use the Site after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms each time you use the Site, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on the Site, including features and specifications of products and services described or depicted on the Site, temporarily or permanently, at any time, without notice and without liability.
Any waiver of any provision of these Terms must be in writing signed by the party waiving it rights to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.
The Site is operated from the United States, and should not be accessed from any location where it would violate local laws to do so. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct. Specifically, you agree to comply with all applicable laws regarding the transmission of data exported from the United States or the country in which you reside.
Notice of Copyright Infringement. If you are a copyright owner who believes your copyrighted material has been reproduced, posted or distributed via the Site in a manner that constitutes copyright infringement, please inform us by sending written notice by registered mail to Gerencia 360 at address set forth in Section 9 above. The notice should comply with the Digital Millennium Copyright Act (and international intellectual property law, where applicable), and include, among other things, the following information as set forth in the Digital Millennium Copyright Act, 17 U.S.C. ? 512 (c)(3)(A).
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work you claim is being infringed, or, if you want to cover multiple copyrighted works in a single notice, a representative list of such works.
- Identification of the material that you claim is infringing or is the subject of infringing activity and that you believe should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number and, if available, an electronic mail address at which you may be contacted.
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
The Site is operated by Gerencia 360 Entertainment, Inc.
Notice for California Users. Under California Civil Code Section 1789.3, California the Site users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.