ONDALINDA x CAREYES TERMS OF PURCHASE
Your credit card statement will read “Very Rouge Productions”
ONDALINDA x CAREYES TICKET USER AGREEMENT
Welcome to Ondalinda x Careyes (together with our ticketing affiliate’s website located at www.stripe.com, the “Site"). Our services are provided to you subject to the following notices, terms, and conditions ("Terms"). By using the Site to purchase tickets (“Tickets”) for a specified Event (the “Event”), you and/or the ticket holder (collectively “You” or “Your”) agree to follow and be bound by the Terms and all applicable laws and regulations governing the Site. Very Rouge Productions (sometimes referred to herein as “Very Rouge,”, “Ondalinda”, “We” or “Us”) reserves the right to change such Terms at any time, and from time to time, without notice.
YOU AGREE THAT ALL TICKET SALES ARE FINAL, THERE SHALL BE NO TICKET REFUNDS AND/OR TICKET EXCHANGES UNLESS WE SPECIFICALLY NOTIFY YOU OTHERWISE.
1. TICKET DELIVERY. We typically offer only electronic print-at-home Tickets for Events, which will be delivered to your email address entered into our system at the time of purchase shortly after the purchase is complete. You understand that you accept delivery of Your Ticket as soon as the data transmissions have left our system. As such it is Your responsibility to ensure that you check your email and spam filters regularly. You must print out your Ticket and bring it with you to the Event in order to be granted admission. You agree to notify Us or our ticketing affiliate prior to the start time of the Event if you have not received Your Ticket. In the event we offer for sale physical tickets, Tickets will be scheduled to be delivered approximately two weeks before the Event. Orders shall be shipped to physical addresses and not to Post Office Boxes (unless sometimes if a U.S. Mail delivery option has been selected). Using a Post Office Box address may delay the delivery of Your Tickets and/or my result in the application of additional shipping charges. Please direct any ticket concerns to firstname.lastname@example.org. By placing Your order using this Site, You consent to the release of Your name to our event production staff.
2. WILL CALL; UNDELIVERED TICKETS. If an order is refused at the time of delivery and tickets are returned to us, all such Tickets shall be placed in will call at the Event’s location. Only individuals who placed the original order shall be allowed to pick up tickets from Will Call.
3. WILL CALL; ORDER PICKUP AND DELIVERY. If we offer a will call ticket option, will call orders will be held at the Venue box office from the period beginning one hour prior to the scheduled Event’s start time until four hours prior to the scheduled Event’s end time. In order to pick up tickets, You must (i) be the individual listed on the will call order (ii) present the purchase confirmation email receipt, (iii) present valid photo identification and (iv) present the credit card used to purchase the tickets. Will call name changes are prohibited.
4. EMAIL NOTIFICATION. If an Event is cancelled or rescheduled, or if the venue where the Event is scheduled to occur (the “Venue”) is closed, You will be notified via email, as soon as possible, and to the extent that information is or becomes available. We will endeavor to send email notifications to the email address You provided.
5. GENERAL TERMS AND CONDITIONS. You agree that Your admission to the Venue and Your use of the Ticket for the Event is contingent upon Your agreement that Your presence at the Venue shall constitute Your acceptance of all of the following:
(a) Your use of the Ticket is contingent upon Your voluntary assumption of all risks and dangers incidental to your presence at the Event, whether occurring prior, during or after the Event, including acts or omissions of others (including artists, attendees, the Venue or its staff, the promoter and any other person or party). You hereby certify that:
(i) You are physically able to participate in the Event and in any activity or performance associated with it, and have not been advised otherwise by a qualified medical professional;
(ii) You acknowledge and fully understand that as a participant, You will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (A) the actions, inactions or negligence of the organizers of the Event, i.e., Very Rouge Productions, LLC, Careyes, and their respective affiliates, officers, directors, shareholders, members, managers, employees, agents, representatives and volunteers (collectively, “Ondalinda x Careyes Parties”), and participants and spectators; (B) conditions of the premises or equipment used; (C) rules and regulations regarding the activities; (D) temperature; (E) weather; (F) condition of participants; (G) vehicles; (H) hearing loss, seizures and other health conditions incidental, relating to or arising from extremely loud music and sounds; strobe, hydro, pyrotechnic, animatronic lighting and other special effects, such as flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks during the Event. You further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE EVENT AND HEREBY FOREVER RELEASE, DISCHARGE AND HOLD THE ONDALINDA X CAREYES PARTIES HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF THE ONDALINDA X CAREYES PARTIES OR ANY OF THEM, OR BY THIRD PARTIES, AND YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR YOUR PARTICIPATION; Take into consideration that all the events are in the ocean front and it is dangerous especially in Teopa that is not swimmable, though we are absolutely not responsible for any accident. You are taking your own risk by attending Ondalinda event.
(iii) You understand that during the Event, art installations, vehicles (including but not limited to 'art cars'), events and performances will be held and/or on display and You understand that most of these activities are not owned or operated by Very Rouge Productions, and You assume all risks of injury or death arising from their operation and from Your participation in any of these activities;
(iv) You, on behalf of Yourself, Your heirs, executors, administrators and assigns, hereby waive, release, discharge, and agree not to sue Very Rouge Productions and its contractors and subcontractors, and other participants, sponsors, affiliates, and if applicable, owners and lessors of equipment and premises used to conduct the Event or related activities (collectively the "Releasees"), from any and all claims for damages, injuries, losses, liabilities and expenses which You may have or which may subsequently accrue to You, relating to, resulting from or arising out of Your use and/or participation in the Event, including any programs, events or activities at the Event, and including any injury or damage to Your person or property, or to that of any other person or property. However, if Very Rouge Productions files a claim against You, You may file a counterclaim related to the same facts and circumstances. You agree to indemnify, defend and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities and expenses relating to, resulting from or arising out of Your participation in the Event, including in any program, event or activity at the Event. You intend that the waiver and release of liability contained in these Terms shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law;
(v) In the event You are obtaining tickets for or provide any tickets to any other person or persons, You recognize that You are acting as that person’s agent in obtaining the tickets, and due to this agency relationship You agree to these terms on behalf of any person to whom You deliver any of the tickets You purchase, and You shall notify any such person of these terms when You deliver a ticket to them; and
(vi) BY YOUR USE OF THE TICKET FOR ENTRY TO THE EVENT YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS INCLUDING THE WAIVERS AND RELEASES OF LIABILITY CONTAINED HEREIN AND YOU FULLY UNDERSTAND ITS TERMS, AND YOU UNDERSTAND THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS, KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.
(b) All or designated areas of the Venue during the Event may be subject to extremely loud music and sounds, as well as, strobe, hydro, pyrotechnic, animatronic, lighting and other special effects, including flashing lights, rapidly changing or alternating images, the use of fog, haze or smoke with theatrical stage lighting, laser projections and fireworks. Women who are pregnant and individuals who suffer from certain health conditions, including seizures, light sensitivity or any other health condition that could be aggravated by these special effects should consider this warning before entering or remaining on the premises, as such special effects may cause or induce seizures, diminished or hearing loss and other health conditions.
(c) You agree to defend, indemnify, save and hold harmless and forever release, the Venue, Very Rouge Productions, LLC, the Event organizers, the Event sponsors, the participants and the artists, including but not limited to their respective management, subsidiaries, affiliates, officers, directors, principals, employees and authorized agents and designees (all of whom together are herein referred to as the “Indemnities”) from any and all injuries, demands, suits, and/or claims which may arise in connection with Your participation in the Event;
(d) You agree that the Ticket is a revocable license, which is subject to revocation and/or denial of admission, without compensation for any reason, including Your attempted or actual violation of any applicable laws or promoter or Venue rules, policies or regulations;
(e) You agree that the Event organizers, their assignees, licensees or designees may without additional notification or credit to You, utilize, publish, print, display, exploit and publicly use Your name, image, likeness and voice in connection with any broadcast, re-broadcast, live stream, recording or other reproduction of the Event or with respect to the sale or distribution of any literary, musical or artistic production or other articles of merchandise or property or for any purpose, including for commercial exploitation without additional consideration to You;
(f) You agree that the Venue has a zero tolerance policy for the use of illegal or illicit drugs and that illegal or illicit drug use will not be tolerated at the Venue;
(g) You agree that Your use of the Ticket is contingent upon Your knowing, intelligent and voluntary consent to be searched for the presence of illegal or illicit drugs, weapons and/or other prohibited items prior to or during Your admission to the Venue, the discovery of which prohibited items shall lead to the immediate revocation of this License and denial of admission to or immediate removal from the Venue and Event if any such items are found;
(h) You agree that the Indemnities shall not be held responsible, financially or otherwise, for any personal property that is left, lost, stolen, destroyed, confiscated, damaged or misplaced anywhere in the Venue or during the Event regardless of fault or reason;
(i) You agree that the Event is INTENDED FOR MATURE AUDIENCES ONLY. You agree that the Issuer reserves all rights to cancel, postpone, and/or change the venue, the artist lineup, time, and/or date of the event for which the Ticket was issued at any time without prior notice or compensation to You.
(j) Tickets shall not be used for advertising, promotion (including contests and sweepstakes) or other commercial purposes without the express written consent of the artist and promoter. The use of cameras, video or audio recording equipment at the Event is prohibited unless otherwise indicated by the venue, artists, or promoters.
(k) We reserve the right, without the refunding of any portion of the ticket purchase price, to refuse admission to, or to eject any person from, the Venue who fails to comply with applicable Venue rules, regulation and policies and applicable laws.
(l) Tickets purchased through the Site are intended for personal use only. The resale of tickets obtained through the Site for more than the original purchase price is strictly prohibited and in such cases, including the profiting by reselling, trading, or brokering tickets purchased through the Site, we reserve the right to cancel all or part of the applicable ticket order and/or all or part of other pending orders in Your name. We reserve the right to cancel Your order(s) without notification. We reserve the right to investigate all orders suspected to be in violation of this policy. We shall be the final authority on interpretation of the rules in this policy.
(m) You agree that the Issuer of this Ticket reserves the absolute right to change, modify, add or remove any or all provisions herein contained in its sole discretion which includes having the right, but not the obligation to post updates, amendments, supplementations, modifications and revisions respecting the terms contained herein on the Site; and We shall also have the right to assign or delegate any or all of our rights, title and interests or duties hereunder without notification or consent by You;
You agree that all Ticket sales are final;
(p) You agree that this Event is rain or shine;
(q) You agree that there are absolutely no refunds or exchanges;
(r) You agree that this Event is standing room only; and
(s) You agree to be bound by any and all of the terms and conditions herein contained.
(n) You agree that the terms and conditions contained herein represent the entire agreement between You and Us with respect to its subject matter, and shall supersede and replace all prior contemporaneous understandings, communications, and agreements, written or oral, regarding such subject matter;
6. ARBITRATION OF DISPUTES. Notwithstanding anything contained herein to the contrary, you agree that any disputes arising from or relating to your purchase of Tickets hereunder any relating to the use of this Site, our Services or any relationship or dispute between you and us or you and any company or person employed by or which is affiliated with either us, this Agreement and/or any policies or practices of any of the above mentioned companies or persons (a “Dispute”) shall only be resolved subject to FINAL AND BINDING ARBITRATION as set forth in this section, and may only be resolved through an individual arbitration governed by the Federal Arbitration Act or by the applicable sections of the New York Arbitration Law to the maximum extent permitted by applicable law. In no event shall you commence a chargeback dispute with your credit or debit card issuer relative to the Services purchased hereunder or regarding any amounts forfeited hereunder any or similar charge reversal. You further agree that we shall not have a legal obligation to mitigate any of its potential or actual losses sustained hereunder. PARTIES TO THIS AGREEMENT GIVE UP THEIR RESPECTIVE RIGHTS TO GO TO COURT in connection with any Dispute and that such rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. NO PARTY TO WHICH THIS AGREEMENT APPLIES SHALL BRING OR PARTICIPATE IN ANY CLASS ACTION OR OTHER CLASS PROCEEDING IN CONNECTION WITH ANY DISPUTE. No party bound by this Agreement agrees to class arbitration or any other arbitration proceedings where a person brings a dispute as a representative of other persons. The parties shall participate in non-binding mediation before commencing any arbitration (or taking any other action). If the parties are unable to resolve a Dispute by informal means, the arbitration of Disputes will be administered by the American Arbitration Association (AAA) in accordance with Commercial Arbitration Rules, and if deemed appropriate by the arbitrator, the Supplementary Procedures for Consumer-Related Disputes. Any proceeding to enforce this arbitration agreement must be brought in the U.S. District Court in the Western Divisions of the Central District of California or in any California court of competent jurisdiction with venue lying in Los Angeles County, to the exclusion of all other forums.
7. CHOICE OF LAW. This contract shall be governed and construed in accordance with the laws of California, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of California, excluding that State’s choice-of-law principles.
8. LAWFUL USE. You may visit, view and retain copies of this Site for personal use but shall not duplicate, download, publish, modify or otherwise distribute information from the Site for any purpose other than to review Event information and to purchase tickets for personal use, unless otherwise specifically authorized by Us. We reserve the right to refuse service, terminate accounts, and/or cancel orders in Our sole and absolute discretion if it reasonably believes Your conduct violates or attempts to violate applicable law or the Terms set forth herein.
9. COPYRIGHT. All Site content including text, graphics, logos, button icons, images, software, etc., and the compilation of all Site content is the sole property of Very Rouge Productions, LLC or its licensor(s) and is protected by U.S. and international copyright laws. Compilation of all content on the Site is the exclusive property of Very Rouge Productions, LLC and is protected by U.S. and international copyright laws. The Site's content and software may be used as a shopping resource only, any other use, including reproduction, modification, distribution, transmission, republication, display, or public performance, is strictly prohibited. ALL RIGHTS RESERVED.
10. DISCLAIMER AND LIMITATION OF LIABILITY. You agree that use of the Site is undertaken at Your risk. Very Rouge Productions, LLC makes no representations, warranties or promises that the Site will be error-free or uninterrupted, or that the Site will provide specific results. The Site and its content are delivered on an "as-available" basis without any warranties of any kind, either express or implied, including, warranties of merchantability or fitness for a particular purpose. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. This disclaimer applies to any and all damage or injury from any cause including damage or injury resulting from failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortious behavior, negligence, or any other cause(s) of action. If You have any questions or comments, please email us at email@example.com.