Terms of Use for My Lehman Center TicketsThese Terms of Use (hereinafter, "Agreement") set forth the terms, restrictions and limitations governing your use of the My Lehman Center Tickets online functionality ("My Lehman Center Tickets"), and all of the services provided by it (collectively, the "Services", provided to you by Tickets.com, Inc. (“Tickets.com”) in conjunction with the Lehman Center (“Lehman Center For The Performing Arts”). By registering to use the Services, you acknowledge that you have read and understand this Agreement and expressly agree to comply with and be bound by the provisions of this Agreement. You acknowledge that by using the Services, you are creating a valid, binding and enforceable legal agreement between you, Lehman Center and Tickets.com, Inc. ("Tickets.com"). Tickets.com and/or Lehman Center may revise, modify, or otherwise amend this Agreement from time to time by posting such revised, modified or amended Terms of Use on this website. Any revised, modified or amended Terms of Use will be deemed effective once you visit this website or otherwise use the Services after such terms are posted. By using the Services, you also agree to adhere to (1) any and all terms and conditions, rules, policies, regulations, and directions of Lehman Center and/or Tickets.com, as such may be amended from time to time, including, without limitation, those terms and conditions printed on Lehman Center event admission tickets ("Tickets"), (2) the terms, conditions and policies set forth in the My Lehman Center Tickets Frequently Asked Questions, (3) the Terms of Use and Privacy Policy applicable to the Lehman Center official website(s), each of which is incorporated as part of this Agreement by this reference. Specifically, you agree to use the Services subject to and in accordance with the following terms and conditions and, where applicable, represent the same to be true: 1. Eligibility and Registration. In order to participate in My Lehman Center Tickets you must first register with My Lehman Center Tickets. To qualify for registration, you must be at least 18 years of age. By registering with My Lehman Center Tickets, and accessing the Services, you are representing to us that you are at least 18 years of age. Lehman Center or Tickets.com may suspend or terminate your My Lehman Center Tickets account if you are not qualified to use the Services. 2. Accuracy of Information. You agree, and by using the Services you represent and warrant that the information you provide to anyone in connection with your use of the Services (including, without limitation, Lehman Center or Tickets.com) is true and accurate in all respects. Neither Tickets.com nor Lehman Center guarantees the truth or accuracy of any statements or representations made by My Lehman Center Tickets users. Neither Tickets.com nor Lehman Center will be liable or bear any responsibility for statements made by other My Lehman Center Tickets users. 3. Lehman Center Ticket Holders and Applicable Events. Not all Ticket accounts holders of record are authorized by Lehman Center to use My Lehman Center Tickets to forward any Ticket through Forward. Only Tickets for Lehman Center events at Lehman Center as designated by Lehman Center from time to time may be forwarded through Forward. 4. Specific Terms Governing Use of Forward. If you forward a Ticket through Forward, you agree to be bound to the following terms. If you are a qualified My Lehman Center Tickets account holder of record and are forwarding a Ticket, you are referred to below as the "Sender". If you are receiving a forwarded Ticket, you are referred to below as the "Recipient".
5. Termination of Participation. Lehman Center may, in their sole discretion, and at any time, terminate, suspend or restrict your use of the Services immediately and without notice, with or without cause, including without limitation, if Lehman Center determines that (A) you have violated the terms of this Agreement or any other applicable terms, conditions or restrictions, (B) you have violated, or attempted to violate, the rights of other My Lehman Center Tickets participants, (C) you have violated any policy, rule, regulation or direction of Lehman Center relating to Lehman Center, as may be amended from time to time by Lehman Center in their sole discretion, or (D) you have violated, or attempted to violate, any applicable law, statute, ordinance, rule, regulation or order, including without limitation, any such law, statute, ordinance, rule, regulation or order regarding fraudulent activity. Neither Tickets.com, nor Lehman Center will be liable to you or any third party for any loss or claim arising out of such termination. Upon such termination (i) you will cease use of the Services, (ii) any of your Ticket transactions for future event dates may be cancelled, (iii) set-offs and debits may be taken against your account, and (iv) any other actions available to Lehman Center or Tickets.com at law or in equity may be taken against you. 6. Legality of Transaction. Neither Lehman Center, nor Tickets.com makes any assurance that the Services complies with applicable Federal, state, municipal or other local law or regulation. Users of the Services assume all risk in connection with any transaction conducted with the Services. 7. Trademarks. No ownership or other rights in or to the trademarks and copyrighted material contained on any of this Website or Lehman Center Websites is granted to you through this Agreement and you acknowledge that you do not have any rights in or to any such trademarks and/or copyrighted material. You agree you will not display, transmit, or use any such trademarks and/or copyrighted material in any manner whatsoever. 8. WARRANTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. NEITHER TICKETS.COM, NOR LEHMAN CENTER WARRANT THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR ACCESS TO OR OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, (C) DEFECTS WILL BE CORRECTED, OR (D) THIS WEBSITE OR THE LEHMAN CENTER WEBSITES (OR ANY SERVERS THAT MAKE THE SERVICES AVAILABLE) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NEITHER LEHMAN CENTER, NOR TICKETS.COM WARRANT OR MAKE ANY REPRESENTATION THAT THE USE OR THE RESULTS OF THE USE OF THE SERVICES WILL NOT ADVERSELY AFFECT YOUR OR ANY OTHER PERSON'S USE OF THE COMPUTERS ON WHICH THE SERVICES ARE USED OR THE NETWORK OF WHICH SUCH COMPUTERS ARE A PART. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY TICKETS.COM, OR LEHMAN CENTER, OR AN AUTHORIZED REPRESENTATIVE OF TICKETS.COM, OR LEHMAN CENTER WILL CREATE A WARRANTY OF ANY KIND. 9. LIMITATION OF LIABILITY. NEITHER TICKETS.COM, OR LEHMAN CENTER OR ANY OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS OR EMPLOYEES WILL BE LIABLE FOR ANY LOSS, DAMAGE OR INJURY OF ANY KIND CAUSED BY, RELATED TO, OR ARISING FROM (A) YOUR USE OF THE SERVICES, (B) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, INFRINGING MATERIAL, COMPUTER VIRUS, OR COMMUNICATION LINE FAILURE, (C) THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS OR INFORMATION, (D) UNCOMPLETED OR COMPLETED TRANSACTIONS, OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY, IN EACH CASE INCLUDING WITHOUT LIMITATION, DAMAGES IN CONNECTION WITH (I) LOSS OF PROFITS, LOSS OF DATA, OR BUSINESS INTERRUPTION, EVEN IF TICKETS.COM, OR LEHMAN CENTER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MY LEHMAN CENTER TICKETS PARTICIPANTS OR THIRD PARTIES. IN NO EVENT WILL TICKETS.COM, OR LEHMAN CENTER OR ANY OF EACH OF THEIR RESPECTIVE AFFILIATES, REPRESENTATIVES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, TECHNICAL SUPPORT PARTNERS AND PROVIDERS OR CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY USE OF THE SERVICES WHATSOEVER. 10. INDEMNITY. EACH PERSON WHO USES THE SERVICES AGREES TO SAVE, DEFEND, INDEMNIFY AND HOLD HARMLESS LEHMAN CENTER, OR TICKETS.COM, AND EACH OF THEIR RESPECTIVE AFFILIATES, PARTNERS, SHAREHOLDERS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, FINES, PENALTIES, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICES AND THEIR USE. 11. Compliance with Laws. You agree that you will not use the Services for any illegal purpose and will comply with all applicable federal, state and local laws, statutes, ordinances, rules, regulations and orders regarding ticketing. 12. No Guarantee of Security. Neither Tickets.com, or Lehman Center guarantees secure access to either the Lehman Center or the My Lehman Center Tickets Website and none of Lehman Center, nor Tickets.com assures the security of any information provided by you in connection with the Services. |