Terms of Use and Privacy Policy
Please review the following terms of use (hereafter written as "Terms of Use") which constitute a binding agreement between you and Black Opal Ventures, LLC (the "Company") that condition your use of this website ("Site") to purchase tickets or other purposes, and your use of the ticket(s) and attendance of any event ("Ticketed Event") the ticket(s) allows entry to. If you, the website user / ticket purchaser, choose not to be bound by the Terms of Use, do not purchase tickets. If you do purchase tickets through any means to an event produced by the Company, you agree to be bound by these Terms of Use.

Terms of Use

Limitation of Liability

By purchasing a ticket for a Ticketed Event produced by the Company, you agree to assume all risks related to or arising from your Ticketed Event including, without limitation, those related to or arising from inclement weather, and you waive all claims for personal injury or death against the Company, its affiliated companies, employees, and agents, and the Ticketed Event's management, facility, artists, participants, and all of their affiliated and parent companies, employees, and agents.

Indemnity

You agree to indemnify and hold harmless the Company, its affiliated companies, employees, and agents, and the Ticketed Event's venue's management, facility, artists, participants, and all of their affiliated and parent companies, employees, and agents, from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of this website, or attending the Ticketed Event, or the violation of the Terms of Use by you, or the infringement by you, or others using your computer to access this website, of any intellectual property or other right of any person or entity, your negligence, breach of the rules posted at the Ticketed Event, or violation of any governing law. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

Recording and Photography

You agree that you will not record or transmit, or assist anyone else in recording or transmitting, any photograph, audio recording, video recording, or other image at or outside the Ticketed Event venue. You acknowledge that your appearance and actions at or outside Ticketed Event venue are viewable by others. You agree that you have no expectation of privacy regarding your image or conduct at or outside the venue. You also agree that the Company and the venue and event producer may use, without any compensation to you, your name, image, likeness, acts, appearance and statements in any medium including, without limitation, recorded audio, video or photographic reproduction, transmission, or publication made of or at the Ticketed Event or at or outside the venue.

Revocable License

Anyone whose conduct is deemed by the venue staff or event producer to be disorderly or a violation of the event provider's rules may be refused admission to, or ejected from, the venue and will not be entitled to any refund or other compensation.

Searches at the Event Venue

You and your belongings may be searched prior to entry into the Ticketed Event. If you do not consent to such a search, you may be denied entry to the Ticketed Event and you will not be entitled to any refund or other compensation. Some prohibited items may include (but are not limited to) drugs, weapons, controlled substances, alcohol, containers, bags, and food.

Jurisdiction and Claims Against the Company

You agree that the laws of the State of Washington in the United States of America shall govern any dispute arising out of the use of, or relating to, this website, the Terms of Use, or any claims or causes of action against the Company, its affiliated companies, employees, and agents, arising from or related to the Ticketed Event. The Company makes no representation that this website complies with the laws of other nations or other jurisdictions. In the event of any dispute arising out of the use of, or relating to, this website or the Terms of Use, or of any claims or causes of action against the Company, its affiliated companies, employees, and agents, arising from or related to the Ticketed Event, you agree that the exclusive venue for litigating disputes shall be in state or federal court in Seattle, Washington and you agree to personal jurisdiction in these courts. You also agree that regardless of any statute or law to the contrary, any lawsuit asserting claims or causes of action arising out of or related to the use of this website or the Terms of Use, or claims or causes of action against the Company, its affiliated companies, employees, and agents, arising from or related to the Ticketed Event, must be filed and served within one (1) year after such claim or cause of action accrues or be forever barred. The prevailing party in any lawsuit asserting claims or causes of action arising out of the use of, or related to, this website or the Terms of Use, or asserting claims or causes of action against the Company, its affiliated companies, employees, and agents, arising from or related to the Ticketed Event, shall be entitled to an award of its attorney's fees.

Severability and Waiver

You acknowledge and agree that if any provision of the Terms of Use shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Furthermore, if any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should give effect to the parties' intentions as reflected in the invalid provision. The Company's failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to explicitly by the Company in writing.

Ticket Refund Policy

All events are subject to change or cancellation at any time without notice. All ticket sales are final and are not subject to a refund. The Company will not be liable for travel or other costs you incur in connection with a ticketed event that is cancelled or postponed or where the venue changes.

Web Site Use and Privacy Policy

When you purchase tickets on this website, we collect some information directly from you. This Privacy Policy explains how we use any information we collect.

Information We Collect ("Personal Information")

When you purchase tickets on this website, we collect personally identifiable information from you which includes: your e-mail address, name, physical address, phone number, and billing information.

How We Use the Personal Information We Collect

We use your Personal Information to collect the purchase price of the ticket(s). We may also provide your e-mail address, name, and zip code to appropriate parties (producers, venue personnel, ticket-takers, etc.) to ensure you will have access to the Ticketed Event. Our agreements with those other parties restrict their use of your e-mail address and name only to fulfilling your purchase. However, we are not liable for the use of this information by other parties. Unless required by a court order, subpoena or other law or to defend against legal claims, we will not provide your Personal Information to other third parties without your consent.

Security of the Information We Collect

We wish to protect the security of the information we collect from you and to prevent its unauthorized access. However, no data transmission over the Internet may be assured to be completely secure. So, we cannot guarantee that the information we collect from you will not be accessed on our servers or intercepted during Internet transmission and we will not be liable for any damages that result from interception or misuse of information that we collect from you.

E-mail from the Company

The most common way for the Company to communicate with you is through e-mail. We use e-mail to communicate about any issues with your ticket purchase (such as a payment not being fully processed, not having correct mailing information, or having a ticket returned to us in the mail because of an incorrect address.) We also may occasionally e-mail you with information about upcoming events or promotional materials. If you would like to stop receiving automated e-mails from us, simply reply with "unsubscribe" in the subject line. However, you many not unsubscribe from receiving e-mails from us regarding your ticket purchase or the Ticketed Event.

Confirmation of Your Order

Upon submitting your payment information and purchasing a ticket, you should receive a confirmation of your order by e-mail. If you don't receive a confirming e-mail or you see an error message, it is your responsibility to confirm with the Company that your ticket purchase has been placed. Unless you advise us of the lack of confirmation, we may not be aware of any problem with your attempted ticket purchase. If you fail to advise us of the lack of confirmation, the Company shall not be responsible for any monetary or other losses that may result to you.

Links

We have no control or authority over the content or privacy policies of sites that are linked to from our site. Please understand that you follow links at your own risk.

Changes to the Terms of Use

The Company reserves the right to change the Terms of Use at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to the Terms of Use means you accept those changes. Information collected prior to the time any change is posted will be used according to the Terms of Use and laws that applied at the time the information was collected.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THIS WEBSITE IS AT YOUR OWN RISK. THERE IS NO WARRANTY THAT YOUR ACCESS TO OR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE. THIS SITE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE. WITH THE EXCEPTION OF THE PRICE YOU PAID THE COMPANY FOR YOUR TICKETED EVENT, NEITHER THE COMPANY NOR ANY OTHER PERSON OR ENTITY PROVIDING CONTENT VIA THIS WEBSITE SHALL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES. If you are dissatisfied with the website, or any aspect thereof, or do not agree with these Terms of Use, your only recourse and exclusive remedy shall be to stop using the site.