Use of the Official Website of the Tennessee Performing Arts Center (the “Website”) is subject to the terms set forth below. Please read them carefully:
1. Website Ownership
The Website is owned by the Tennessee Performing Arts Center Management Corporation (“TPAC”). All content contained in the Website (the “Materials”) is either owned by or licensed to TPAC. TPAC and its licensors retain all proprietary rights to the Materials. Except for downloading one copy of the Materials on any single computer or printing any of the Materials for your personal, non-commercial home use, you must not reproduce, prepare derivative works based upon, distribute, perform or display the Materials without first obtaining the written permission of TPAC. Materials must not be used in any unauthorized manner.
3. Purchasing Tickets
Through the Website you may purchase tickets for events at TPAC. In order to purchase tickets, you must provide certain personal information. Tickets are only available for purchase to individuals over the age of 18. By purchasing tickets from TPAC you represent and warrant that you are over the age of 18. You also represent that the information you provide in purchasing tickets is accurate and that you have been authorized to provide TPAC with any information about third parties.
CONDITIONS OF ACCEPTANCE: A ticket purchased from TPAC is a revocable license, subject to termination with the denial of admission at the Association’s discretion upon refund of the purchase price and subject to revocation with denial of admission or removal from the Facility, without compensation, should the holder act in a disorderly manner, or violate the Rules and Regulations of the Facility, if any. Holder agrees not to transmit or aid in transmitting any description or picture of this event. Breach of the foregoing terminates this license. Holder grants permission to the Facility and the organization sponsoring this event and their designers to utilize the Holder’s image or likeness in connection with any broadcast or other reproduction of this event. The resale or attempted resale of this ticket at a price higher than appearing here on is grounds for seizure and cancellation of this ticket without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit and if so are void.
4. Special Offers
The Website may contain links and pointers to other internet sites and resources. Links to and from the Website to other web sites maintained by third parties do not constitute an endorsement by TPAC or any of its affiliates of any third party web site or content. TPAC is not responsible for the availability of these third party resources or their contents. You should direct any concerns regarding any external link to its web site administrator or webmaster.
6. Message Features
The Website may offer opportunities for you to transmit messages in connection with various features (“Message Features”). You must use Message Features in a responsible manner, and are solely responsible for any content you transmit. You must not transmit any message (“Message”) in connection with any Message Feature that:
- imposes an unreasonable or disproportionately large load on the Website’s infrastructure, or otherwise adversely affects, restricts or inhibits any other user from using and enjoying the Website;
- is threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent;
- constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law;
- violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
- contains a virus or other harmful component;
- contains any information, software or other material of a commercial nature;
- contains advertising, promotions or commercial solicitations of any kind;
- constitutes or contains false or misleading indications of origin or statements of fact;
- contains material irrelevant to the subject matter of the Message Feature; or
- contains any virus, trojan horse, worm, time bomb, cancelbot or other similar harmful or deleterious programming routine.
In order to use any Message Feature, you may be asked to register by providing certain personal information such as your name and/or email address.
By transmitting any Message, you grant TPAC a perpetual, royalty-free, non-exclusive, and irrevocable right and license to reproduce, prepare derivative works based upon, distribute, perform or display such Message, in whole or in part, in any form, media or technology known or hereafter developed.
TPAC and its vendors act as a passive conduit in connection with your use of Message Features. TPAC and its vendors have the right, but not the obligation, to review, edit or delete any Message transmitted by you that TPAC believes may create a liability for them, and also to deny access to any Message Feature. Display of any Message in any Message Feature does not constitute its approval or endorsement by TPAC or its vendors.
You acknowledge that Messages are not confidential and may be intercepted and read by others. You acknowledge that by submitting Messages to this Website, no confidential, fiduciary, contractually implied or other relationship is created between you and TPAC or its vendors other than as expressly set forth herein.
7. Sale of Merchandise
Sales from the Website are subject to the following terms and conditions:
The Website may allow you to order products (“Merchandise”) supplied by TPAC or by independent merchandise vendors (the “Vendors”).
ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. TPAC EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR OTHER THAN TPAC, THE MERCHANDISE OFFERED BY VENDORS OTHER THAN TPAC, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE WEBSITE, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE.
This Website may contain typographical errors or inaccuracies and may not be complete or current. TPAC reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and we reserve the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.
In order to purchase Merchandise on the Website, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address. Your ability to purchase Merchandise is subject to limits established by your credit card issuer. You must notify us immediately of any change in your credit card information, including any change to your home address. TPAC may bill your credit card at the time the Merchandise is ordered or shipped. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. TPAC may in its sole discretion decline service to or terminate any account. Neither TPAC, its Vendor nor any entity affiliated with TPAC is responsible for and must not be held liable for any breaches in transaction security by any third party.
8. Disclaimer of Warranties; Limitations on Liability
USE OF THE WEBSITE IS AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM USING THE WEBSITE RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES THAT MAY BE EXPRESSLY PROVIDED, THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
TPAC DOES NOT WARRANT THAT: (1) THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (3) THE WEBSITE WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THE WEBSITE WILL BE ACCURATE OR RELIABLE.
NOTWITHSTANDING ANY TERM IN THIS AGREEMENT, OTHER OPERATING TERMS SET FORTH BY TPAC OR ANY ACT OR FAILURE TO ACT BY TPAC OR ITS VENDORS; YOU ARE EXCLUSIVELY LIABLE FOR THE CONTENT OF EVERY MESSAGE YOU TRANSMIT VIA THE WEBSITE.
IN NO EVENT SHALL TPAC BE LIABLE FOR ANY BREACH IN TRANSACTION SECURITY CAUSED BY A THIRD PARTY ARISING OUT OF OR RELATING TO ANY ATTEMPT TO UTILIZE ANY FEATURE OF THE WEBSITE, INCLUDING PURCHASING TICKETS, PURCHASING MERCHANDISE, OR MAKING RESERVATIONS.
IN NO EVENT SHALL TPAC, ITS VENDORS OR ANY OTHER ENTITY AFFILIATED WITH TPAC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO USE OF OR INABILITY TO USE THE WEBSITE, AND MERCHANDISE OR SERVICES PURCHASED THROUGH THE WEBSITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF TPAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIABILITY OF TPAC IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL TPAC OR ANY OTHER ENTITY AFFILIATED WITH TPAC BE LIABLE FOR ANY FAILURE, INTERRUPTION OR ERROR WITH RESPECT TO ANY ASPECT OF THE WEBSITE, INCLUDING THE AVAILABILITY OF ANY SITE FEATURE.
9. Intellectual Property Rights; Limited License
You acknowledge that all right, title and interest in and all content on the Website, including, but not limited to, all information, data, video, audio, graphics, logos, button icons, software and other materials contained on or that make up the Website, is the sole and exclusive property of TPAC or one of TPAC’s affiliates, and is protected by U.S. and international copyright laws.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, and forms) of TPAC without the prior written consent of TPAC. You may not use any metatags or any other “hidden text” utilizing our name, trademarks, service marks, or trade names without the prior written consent of TPAC. You may not use our names, trademarks, service marks, trade names, logos, slogans, or proprietary graphics as any part of a link without the prior written consent of TPAC. Any unauthorized use terminates any license or permission granted by TPAC. Except as expressly stated above, nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any license or right to the content of the Website.
You may not copy or use any of TPAC’S trademarks appearing on the website or any marks confusingly similar to TPAC’S marks without the prior written consent of TPAC, nor may you use TPAC’S marks in any manner that discredits or disparages TPAC.
Except for personally identifiable information that we obtain from you, any information you provide, including without limitation, any feedback, comments, suggestions, use of the Message Features and/or ideas you may submit to us, are hereby deemed non-confidential and nonproprietary, shall become the property of TPAC, and may be used by us for any purpose without restriction or obligation. You represent and warrant that any content you submit to us:
- is accurate;
- does not violate any law or infringe any third party’s intellectual property rights; and
- contains no matter that is obscene, harassing, vulgar, defamatory or libelous, constitutes an illegal threat, or violates rights of privacy or publicity of a third party.
The Website may provide you with the ability to use passwords, usernames, or other codes or devices to gain access to restricted portions of the Website (“Access Codes”). The content contained in such restricted areas is confidential to TPAC and is provided to you for your personal use only. We reserve the right to prohibit the use of such access codes on your behalf by third parties if we determine, in our sole and absolute discretion, that such use interferes with our Website’s operation or results in commercial benefits for other entities to our detriment.
TPAC treats enforcement of its intellectual property rights seriously.
10. Policy For Making Claims Of Copyright Infringement
If you believe that any content has been posted on the Website in a manner that constitutes copyright infringement, please notify us by providing TPAC with the written information specified below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work(s) claimed to have been infringed;
- A description of the material on the Website that you claim infringes or is the subject of infringing activity, and all other information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number and e-mail address;
- A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice to us is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
You hereby agree to indemnify and hold TPAC and any entity affiliated with TPAC, and their respective general and limited partners, members, shareholders, directors, officers, employees, agents and representatives (collectively, the “TPAC Entities”) harmless from all claims, liabilities, damages and expenses (including attorneys’ fees and expenses) arising out of or relating to: (A) your use of the Website, or (B) any alleged breach of this Agreement by you.
13. Choice of Law; Jurisdiction; Attorneys’ Fees
This Agreement will be governed by the laws of the State of Tennessee applicable to contracts entered into and performed exclusively in that State. Any court of competent jurisdiction sitting within Davidson County, Tennessee will be the exclusive jurisdiction and venue for any dispute arising out of or relating to this Agreement. You hereby waive any argument that any such court does not have jurisdiction over you or such dispute or that venue in any such court is not appropriate or convenient. TPAC will be entitled to recover its court costs and reasonable attorneys’ fees and expenses incurred in successfully proving any breach of any term of this Agreement.
This Agreement constitutes the entire agreement between the parties, and supersedes all prior written or oral agreements or communications with respect to the subject matter herein. TPAC, in its sole discretion, may amend this Agreement, and your use of the Website after such amendment is posted on the Website will constitute acceptance of it by you. If any term in this Agreement is declared unlawful, void or for any reason unenforceable by any court, then such term will be deemed severable from the remaining terms and will not affect the validity and enforceability of such remaining terms. The section headings in this Agreement are for convenience only and must not be given any legal import.
TPAC may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database, or content. TPAC may also impose limits on certain features and services or restrict your access to parts or the entire Website without notice or liability.
By using the Website, you signify your agreement to the terms of this Agreement. If you do not agree to the terms in this Agreement, you must not use the Website. TPAC may change the terms of this Agreement at any time, and your use of the Website after such changes means that you accept them.
LAST UPDATED: February 14, 2013