Terms and Conditions

Terms of Use

Last Updated: February 3rd, 2021

 

Welcome! These Terms and Conditions (“DPAC Terms”) are to make your interaction with the Durham Performing Arts Center (“DPAC”) efficient and clear. These DPAC Terms govern your use of “Services,” which includes the website dpacnc.com and DPAC’s Account Manager website, including any mobile application, https://am.ticketmaster.com/DPAC (individually, “Site”; collectively, “Sites”); purchases and ticketing transactions through DPAC’s ticket center; and your purchase and use of any ticket or other product from DPAC, including advanced ticketing transaction technologies and services called “Advanced Services” which may be offered through DPAC’s Account Manager website.

These DPAC Terms shall constitute a valid, binding and enforceable legal agreement between you and DPAC. There shall be no oral or implied agreement between you and DPAC, or between you, DPAC and any other party, that shall be binding or enforceable. By visiting or using one of the Sites, you expressly agree to be bound by and abide by these DPAC Terms, as they may be updated or revised from time to time. You freely choose to use a Site and/or freely choose to purchase or use a ticket or other product or Services from DPAC, understanding and accepting all risks, waivers, indemnifications and other terms in these DPAC Terms.

You represent that you are legally able to enter into a binding contract. If you are under the age of 18, then you may only use the Site(s) or DPAC’s ticket center under the supervision of a parent or guardian who is legally responsible for your actions. Please note that while some of the events listed on the Site(s) may appeal to children, the Site(s) are not targeted to minors, and they are not permitted to use the Site(s). DPAC strongly encourages all parents and guardians to monitor Internet use by minors.

 

NOTICE REGARDING SCOPE OF DPAC TERMS:

Some Services are provided by DPAC, and some Services are provided in conjunction with Ticketmaster (“TM”). In case of any conflict with or absence of a provision in any separate agreement with TM, with respect to your agreement with DPAC, the terms more protective of DPAC apply. In addition to TM’s Privacy Policy, DPAC’s Privacy Policy, DPAC’s postings on its Sites, and any other policies, rules or guidelines that may be applicable to any performance, collection of performances (“Show”), or location of a performance or Show (“Venue”), including TM’s Terms of Use, are incorporated into these DPAC Terms.

Unless otherwise indicated, these DPAC Terms, as well as any supplemental terms and conditions that DPAC may issue from time to time in the future, apply to the person or entity in whose name a ticket account is held (the “Account Holder”), a person accessing or using a Site, and any ticket purchaser (collectively and individually, “you” and “your”), and all and all persons who use your tickets as your guests, minors, family members, co-purchasers, group members, or otherwise hold or use tickets or attempt to use tickets on account of your actions or omissions (collectively, “Guests”). Collectively, “you” and “Guests” may be referred to in these DPAC Terms as “Guest(s)”.

NOTICE REGARDING FUTURE CHANGES OF DPAC TERMS:

DPAC may make changes to the DPAC Terms at any time. Any changes DPAC makes will be effective immediately when DPAC posts a revised version of the DPAC Terms on its Sites. The “Last Updated” date above will tell you when the DPAC Terms were last revised. By continuing to use a Site after that date, you agree to all changes in the DPAC Terms.

 

NOTICE REGARDING ARBITRATION AND CLASS ACTION WAIVER:

These DPAC Terms contain an arbitration agreement and class action waiver, whereby you agree that any dispute or claim relating in any way to your use of the Site(s), or use or purchase of Services, will be resolved by binding, individual arbitration, rather than in court, and you waive your right to participate in a class action lawsuit or class-wide arbitration. DPAC explains this agreement and waiver, along with some limited exceptions, in Section 22, below.

 

COVID‑19 AND COMMUNICABLE DISEASE & PUBLIC HEALTH WARNINGS AND LIABILITY WAIVERS:

An inherent risk of exposure to COVID‑19 or any other community-spread disease, such as influenza, exists in any place where people gather, regardless of the size of the group or precautions taken. For example, COVID‑19 is an extremely contagious disease that can lead to severe illness and death. All Guests voluntarily and fully assume all risks, hazards, dangers, delays, and costs arising from or relating in any way to the risk of contracting COVID‑19 or any other communicable disease or illness, or from exposure to a bacteria, virus or other pathogen capable of causing a disease or illness, whether occurring before, during, or after a performance or Show (collectively, “Event”), however caused or contracted (collectively, “Communicable Disease Risks”). To the fullest extent of the law, on behalf of you and any Guest who attend an Event due to tickets purchased or provided by you, you voluntarily and fully waive all claims and potential claims, whether: (a) known or unknown; (b) in law or equity; (c) for personal injury, death, property damage, and economic loss; (d) arising by statute or in contract or tort; or (e) for monetary damages, injunctive relief, attorneys’ fees, penalties, fines, expenses or other costs (collectively, “Claims”), relating to Communicable Disease Risks and brought against DPAC; any of DPAC’s affiliated or parent companies (“Affiliates”); any individuals or entities involved in the production, management, or operation of an Event or at an Event Venue (collectively, “Producers”); other individuals or entities involved in a performance or Event, including artists, leagues, unions, performers, or other participants (collectively, “Artists”); and any and all of the respective parents, affiliated entities, agents, officers, directors, owners, employees, contractors (of any tier) or other retained personnel of DPAC, Affiliates, Producers, or Artists (collectively, “Production Personnel”).

To the fullest extent of the law, on behalf of you and any Guest who attend an Event due to tickets purchased or provided by you, you agree that you and your Guest(s) will abide by all requirements, if any, for entry into the Venue imposed by any government, DPAC or its Affiliates regarding the safety for use of or entry into the Venue, whether or not required by law (collectively, “Public Health Entry Requirements”), including (a) providing you and your Guest(s) name, address, phone number, email address, or other identifying information which may be used by DPAC or its Affiliates for contact tracing or similar public health purposes; (b) participating in and sharing the results of personal health screening to avoid or minimize the spread of communicable diseases within the Venue; (c) participating in and sharing the results of personal medical testing for communicable diseases in order to avoid or minimize the spread of communicable diseases within the Venue; (d) wearing any face or body coverings in order to avoid or minimize the spread of communicable diseases within the Venue; and (e) any other measure to avoid or limit the spread of communicable diseases within the Venue. From time to time, DPAC may post some or all of its Public Health Entry Requirements at https://www.dpacnc.com/events/latest-updates-on-events-at-dpac.

To the fullest extent of the law, on behalf of you and any Guest who attend an Event due to tickets purchased or provided by you, you voluntarily and fully waive all actual and potential Claims relating to Public Health Entry Requirements, including the accuracy or reliability of any such Public Health Entry Requirements when implemented, to the extent such Claims are brought against DPAC, Affiliates, Producers, Artists, or Production Personnel.

See other sections in these DPAC Terms for other warnings to you and additional limits on DPAC’s and others’ liability.

 

EXCUSE FROM PERFORMANCE DUE TO PUBLIC RISKS AND LIVE EVENT RISKS AND WAIVERS OF LIABILITY:

To the fullest extent of the law, DPAC, Affiliates, Producers, Artists, and Production Personnel are not responsible or liable and are excused from any failure, delay, disruption, or lack of quality in performing any obligation to any Guest, arising out of or caused by, directly or indirectly, causes or forces beyond its control, including: acts of God; accident; war; invasion; riot; civil or military unrest; sabotage; terrorist act; domestic or foreign threat or attack; epidemic, pandemic, or any communicable disease; quarantine; public health directive or order; interruption of communication facilities or utilities; transportation or common carrier interruption or failure; interruption or breakdown of web host; interruption or breakdown of internet service provider; natural catastrophe; fire; explosion; landslide; earthquake; tornado, storm; flood; washout out; inclement weather; water damage; governmental acts or omissions, including issuance or changes in laws, orders, regulations, or guidelines; strikes, lockouts, or other industry disturbance; general lack of availability of raw materials or energy; breakage or accident to any physical infrastructure or physical conditions at, near, or in route to the Venue; or lack or disruption of supply chain due to any of the above (collectively, “Public Risks”). The excuse of DPAC, Affiliates, Producers, Artists, and Production Personnel shall continue as long as the Public Risk(s) and its effect(s) continue.

In addition, including due to the nature of live Events, DPAC, Affiliates, Producers, Artists, and Production Personnel are not responsible or liable and are excused from any failure, delay, disruption, or lack of quality in performing any obligation to any Guest or other ticket holder or Event attendee, arising out of or caused by, directly or indirectly: any disruption or malfunction of sound, lighting, special effects, props, scenery, or any other technical difficulties during an Event; decisions of an Artist (including not to perform for any reason); the use of understudies or other substitute Artists; or fire alarms or other emergency alarms or other sounds occurring outside the Venue or performance area (collectively, “Live Event Risks”). Live Event Risks also include the risks of objects that may fly or fall into the audience area during a performance, which may cause injury. Stay alert at all times before, during and after a performance. If struck or affected, report immediately to a Venue employee.

Live Event Risks also include the risks that an Event may contain profanity and/or explicit content intended for mature audiences, and/or may utilize special effects such as smoke, haze, and strobes. It is the responsibility of you and any other Guest to make their own investigation and determination of whether the Event is appropriate for you or other Guest(s), including whether any of you or them will be offended or negatively affected by the show’s content or special effects.

Live Event Risks also includes the risks of attending a public Event. You agree that the Event for which you purchase tickets is a public Event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to DPAC, Affiliates, Producers, Artists, and Production Personnel to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

To the fullest extent of the law, on behalf of you and any Guest who attend an Event due to tickets purchased or provided by you, you voluntarily and fully assume all risks, hazards, dangers, delays, and costs due to Public Risks and Live Event Risks, whether occurring before, during, or after an Event, and you waive all actual and potential Claims relating to Public Risks and/or Live Event Risks, to the extent such Claims are brought against DPAC; Affiliates, Producers, Artists, or Production Personnel.

See other sections in these DPAC Terms for other warnings to you and additional limits on DPAC’s and others’ liability.

 

DPAC’S CODE OF CONDUCT FOR YOU AND OTHER GUESTS

You and any other Guest agree to abide by DPAC’s Code of Conduct. This Code of Conduct requires that you and any other Guest abide by the laws, regulations, rules, orders and guidelines of federal, state and local government (collectively “Laws”); the rules pertaining to a particular Event (as established by DPAC, Producer, Artist, or Production Personnel) and published at the point of ticket purchase, a Site, or Venue; and the rules of an individual Venue (if other than DPAC) in which an Event is presented. This Code of Conduct also requires that the following are strictly prohibited: disorderly conduct; smoking (including use of e-cigarettes) inside the Venue; use of mobile devices during the performance; any recording or photographing of the performance (unless specifically permitted); use of laser pointers, strobe lights, or irritants (such as artificial noisemakers); bringing inside the Venue outside food and beverages (including alcohol), large bags or luggage, professional cameras, weapons, illegal drugs, and other contraband; engaging in behavior determined in the discretion of DPAC or Producer to be disruptive, in violation of a Public Health Entry Requirement, or creating a safety or health risk for you, another Guest, any other person attending the Event, DPAC, Affiliates, Producer, Artist, or Production Personnel, are all strictly prohibited.

Because no large bags or luggage will be allowed into the Venue, Guests must make plans to store them at a location outside the Venue.

All ticket holders consent to a reasonable search of any items brought into the Venue. If you elect not to consent to such searches, you may be denied entry to the Event or Venue without refund or other compensation.

The seating of ticket holders arriving after a performance begins is subject to DPAC’s, the Producer’s, or the Artist’s late seating rules, and such seating may be delayed and is at the discretion of DPAC, Producer, Artist, or Production Personnel.  Late seating may not always be available and may be in an alternate location in the Venue.

Violators of this Code of Conduct or of any other of these DPAC Terms may be required to leave the Venue or a Site without any ticket refund, and may be subject to revocation of any remaining or future tickets or permission to use a Site.

 

Table of Contents for Additional DPAC Terms

  1. Account Registration
  2. Code of Conduct Regarding Use of Site(s)
  3. Ownership of Content and Grant of Conditional License
  4. Making Purchases
  5. Forums and User Content
  6. Claims of Copyright Infringement on a Site
  7. Links
  8. Parental Controls
  9. Access to a Site from Outside the United States
  10. Rules for Sweepstakes, Contests and Games
  11. Mobile Messaging
  12. Violation of These DPAC Terms
  13. Purchasing Tickets through Advanced Services Site
  14. Other Purchases and Services
  15. Season Subscribers and Group Tickets
    1. Group Tickets
    2. No Resale of Season or Group Tickets
    3. Risk of Loss
    4. Revocable Privileges
    5. Cancellations for Season Ticket(s) Holders
    6. Exchanges for Season Seat Members
    7. Season and Group Ticket(s) Seat Location
    8. Season Renewals
    9. Payment Deadline and Invalid Payments
  16. Season and Group Ticket Pricing
  17. Season Ticket Forwarding
  18. Reselling of Any Type of Ticket
  19. Ticket Limits
  20. Children
  21. Disclaimer of Warranties
  22. Limitation of Liability
  23. Indemnification
  24. Disputes, Including Mandatory Arbitration and Class Action Waiver
  25. Severability
  26. Questions

 

  1. Account Registration

You will be required to register for an account to use certain features of the Site(s), such as reserving, purchasing or exchanging a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you. You will be responsible for the confidentiality and use of your username and password, and for all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. DPAC will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission. You will immediately notify DPAC in writing if you discover any unauthorized use of your account or other account-related security breach. DPAC may require you to change your username and/or password if DPAC believes your account is no longer secure or if DPAC receives a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. DPAC may refuse registration, cancel an account or deny access to a Site for any reason.

 

  1. Code of Conduct Regarding Use of Site(s)

You agree that you will comply with all applicable Laws and that you will not:

  • Restrict or inhibit any other person from using a Site;
  • Use a Site for any unlawful purpose;
  • Express or imply that any statements you make are endorsed by us, without DPAC’s prior written consent;
  • Impersonate any person or entity, whether actual or fictitious, including any employee or representative of DPAC;
  • Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise objectionable, or infringes DPAC’s or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
  • Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
  • Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
  • Engage in spamming or flooding;
  • Harvest or collect information about Site(s) users;
  • Order, or attempt to order, a number of tickets for an event that exceeds the stated limit for that event;
  • Use any password or code to participate in a presale or other offer on a Site if you did not receive the password or code from us, or if you violate the terms of the presale or offer.

 

  1. Ownership of Content and Grant of Conditional License

The Site(s) and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on a Site, and all tickets obtained from a Site (collectively, the “Content”) are owned by DPAC, TM, or one of their licensors. DPAC and/or TM own a copyright and, in many instances, patents and other intellectual property in a Site and Content. DPAC may change the Content and features of a Site at any time. DPAC grants you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sub-licensable license to view the Site(s) and their Content as permitted by these Terms only if, as a condition precedent, you agree that you will not:

  • Submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
  • Manipulate identifiers, including by forging headers, in order to disguise the origin of any posting that you submit;
  • Link to any portion of a Site other than the URL assigned to the home page of a Site;
  • “Frame” or “mirror” any part of a Site;
  • Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of a Site, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
  • Remove any copyright, trademark or other proprietary rights notices contained on a Site;
  • Use any computer program, bot, robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Content or a Site, including with respect to any CAPTCHA displayed on a Site. Operators of public search engines may use spiders to copy materials from a Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. DPAC or TM may revoke this exception at any time and require removal of archived materials gathered in the past;
  • Use any automated software or computer system to search for, reserve, buy or otherwise obtain tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on a Site, including sending information from your computer to another computer where such software or system is active;
  • Take any action that imposes or may impose (in DPAC’s or TM’s sole discretion) an unreasonable or disproportionately large load on DPAC’s infrastructure;
  • Access, reload, or refresh transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval;
  • Request more than 1,000 pages of a Site in any 24-hour period, whether alone or with a group of individuals;
  • Make more than 800 reserve requests on a Site in any 24-hour period, whether alone or with a group of individuals;
  • Reproduce, modify, display, publicly perform, distribute or create derivative works of a Site or the Content;
  • Reproduce or scan tickets in a format or medium different from that provided by a Site;
  • Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms or barcodes used on or in production of tickets or a Site;
  • Use a Site or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, a Site and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose;
  • Use ticket bot technology to search for, reserve, or purchase tickets through a Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on a Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on a Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Ownership of Content and Grant of Conditional License section. This license exists only so long as you strictly comply with each of the provisions described in this section. Any use of a Site or Content by you or anyone acting on your behalf that does not strictly comply with each and every provision in this section exceeds the scope of the license granted to you herein, constitutes unauthorized reproduction, display, or creation of unauthorized derivative versions of a Site and Content, and infringes DPAC and/or TMs copyrights, trademarks, patents and other rights in a Site and Content. You will not acquire any ownership rights by using a Site or the Content.

The registered and unregistered trademarks, logos, and service marks displayed on a Site are owned by DPAC, TM, and/or their licensors. You may not use DPAC’s trademarks, logos, and service marks in any way without DPAC’s prior written permission. Group Managers (see section 15.A, below) may inquire about obtaining permission by contacting DPAC at [email protected].

 

  1. Making Purchases

DPAC may impose conditions on your use of any coupon, promotional code or gift card or on any refunds or exchange. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards, or vouchers that belong to you or to people who expressly authorize you to use such payment methods.

You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on a Site.

You will not hold DPAC liable if you do not comply with Laws related to your transactions. DPAC may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.

If DPAC is unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if DPAC is no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, DPAC may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. DPAC may also prohibit you from using a Site(s).

You will not use ticket bot technology to search for, reserve, or purchase tickets through a Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on a Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on a Site that is used to enforce posted event ticket purchasing limits or to maintain the integrity of posted online ticket purchasing order rules.

 

  1. Forums and User Content

DPAC may host fan reviews, message boards, blog feeds, social media feeds and other forums found on a Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of a Site (“User Content”).

By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.

You own all rights to your User Content. If you submit User Content to a Site, you grant DPAC a worldwide, non-exclusive, transferable, sublicensable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in DPAC’s sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these DPAC Terms. DPAC is not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against DPAC or TM that use of your User Content infringes any of your rights.

Statements, opinions, and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening, or harassing. DPAC does not endorse and are not responsible for these postings. DPAC will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.

You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to DPAC and TM that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to DPAC under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by a Site and these DPAC Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.

DPAC will have the right (but not the obligation) to monitor a Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate a Site properly, or to protect DPAC, TM, their sponsors and their users, or to comply with legal obligations or governmental requests.

If DPAC is notified that your User Content does not comply with these Terms, DPAC may investigate the allegation and may decide to remove your User Content and cancel your account. DPAC may also hold you liable for any User Content that infringes the rights of a third party and require you to pay or reimburse DPAC for any amounts DPAC believes is necessary to resolve any complaint.

 

  1. Claims of Copyright Infringement on a Site

Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any content on a Site infringes your copyright, you may send DPAC a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on a DPAC Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow DPAC to locate the content on a Site; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or Laws; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send DPAC a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright.

Notices and counter-notices should be sent to Durham Performing Arts Center, ATTN:  Legal Counsel, 123 Vivian Street, Durham, NC 27701. There can be penalties for false claims under the DMCA. DPAC suggests that you consult your legal advisor before filing a notice or counter-notice.

It is DPAC’s policy to terminate, in appropriate circumstances, repeat infringers’ access rights to a Site.

 

  1. Links

The Site(s) contain links to other websites that may not be owned or operated by DPAC. The fact that DPAC may link to those websites does not indicate any approval or endorsement of those websites. DPAC has no control over those websites. DPAC is not responsible for the content of those websites, or the privacy practices of those websites. DPAC strongly encourages you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk, and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from a Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.

 

  1. Parental Controls

DPAC cannot prohibit minors from visiting one of DPAC’s Sites and must rely on parents and guardians to decide what materials are appropriate for children to view and purchase. There are parental control protections (such as computer hardware, software, or filtering services) available that may assist you in limiting access to material that is harmful to minors. You can find information about parental controls at http://onguardonline.gov. DPAC does not endorse the products or services listed at this aforementioned website.

 

  1. Access to a Site from Outside the United States

The Site(s) are directed to people residing in the United States. DPAC does not represent that Content available on or through a Site is appropriate or available in other locations outside the United States. DPAC may limit the availability of a Site or any service or product described on a Site to any person or geographic area at any time. If you choose to access a Site from outside the United States, you do so at your own risk.

 

  1. Rules for Sweepstakes, Contests and Games

In addition to these Terms, sweepstakes, contests, games or other promotions (collectively, “Promotions”) made available through a Site may have specific rules that are different from these DPAC Terms. By participating in a Promotion, you will become subject to those rules. DPAC urges you to review the rules before you participate in a Promotion. Promotion rules will control over any conflict with these Terms, except in all instances the arbitration agreement and class action waiver set forth in Section 22, below, will control and apply.

 

  1. Mobile Messaging

DPAC may offer browsing and mobile messaging services, which may include alerts, Promotions, and offers for Services. You may choose to receive mobile alerts by signing up for alerts or participating in a Promotion. If you do, you authorize DPAC to use automated technology to send messages to the mobile phone number you supply when you sign up. Your consent to receive mobile communications is never required in order to purchase Services from DPAC.

Message and data rates may apply, according to your rate plan provided by your wireless carrier. DPAC will not be responsible for any text messaging or other wireless charges incurred by you or by a person who has access to your wireless device or telephone number. You may not receive DPAC’s alerts if your carrier does not permit text alerts. Your carrier may not allow you to use pre-paid phones or calling plans to receive alerts. DPAC may send you a bounce back message for every message you send to DPAC. Service may not be compatible with all wireless carriers or devices.

You may opt out of any alerts by replying to an alert with the text message “STOP” or by sending the text message “STOP” to the short code provided. If you do not want to receive a confirmation text message, you may opt out by sending an email to [email protected] with your request and mobile device number. It may take up to 30 days to remove your mobile device number from DPAC’s database. For additional help, text “HELP” to the short code provided, or email [email protected].

You authorize your wireless carrier to disclose information about your account, such as subscriber status, payment method and device details, if available, to support identity verification, fraud avoidance, and other uses in support of transactions for the duration of your business relationship with DPAC. Information may also be shared with other service providers to further support identity verification and fraud prevention.

DPAC is not responsible for the accuracy of any information displayed in mobile messaging, for any misdelivery or untimely delivery of any mobile messaging, or your deletion or failure to store any mobile messaging from DPAC.

 

  1. Violation of These DPAC Terms

DPAC may investigate any violation of these DPAC Terms, including unauthorized use of a Site. DPAC may provide law enforcement with information you provide to DPAC related to your transactions to assist in any investigation or prosecution of you. DPAC may take legal action that DPAC feels is appropriate. You agree that monetary damages may not provide DPAC a sufficient remedy, and that DPAC may pursue injunctive or other relief for your violation of these Terms. If DPAC determines that you have violated these Terms or Laws, or for any other reason or for no reason, DPAC may cancel your account, delete all your User Content, and prevent you from accessing a Site at any time without notice to you. If that happens, you may no longer use a Site or any Content. You will still be bound by your obligations under these Terms.

You agree that DPAC will not be liable to you or any third party for termination of your access to a Site or to your account or any related information, and DPAC will not be required to make a Site or your account or any related information available to you. If you violate these DPAC Terms, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Advanced Services, each an “Activity”), or Season, package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and DPAC may exercise any other remedy available to us.

You agree that your abusive use of a Site may cause damage and harm to DPAC, including impaired goodwill, lost sales, and increased expenses. You also agree that monetary damages for your abusive use of a Site are difficult to determine, and that if you, or others acting with you, request more than 1,000 pages of a Site or make more than 800 reserve requests on a Site in any 24-hour period, you, and those acting with you, will be jointly and severally liable for liquidated damages in the amount of twenty-five cents ($0.25) for each page request or reserve request made during that 24-hour period which exceeds those limits.

 

  1. Purchasing Tickets Through Advanced Services Site

The Advanced Services website offers you the ability to purchase tickets from individuals and businesses that hold tickets purchased from DPAC. These individuals and businesses are the sellers of the tickets, not DPAC. When you purchase a ticket from a third party via the Advanced Services portion of a Site, the original ticket will automatically be cancelled and invalidated, your credit card will be charged by TM for the ticket price and all applicable fees, and you will be issued a new ticket. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by Laws.

DPAC may require you to pay a fee, to be a Season Ticket holder, to be on the waiting list to be a Season Ticket holder or to comply with a registration or other requirement, in order to view listings of, or to purchase, some or all of the tickets posted for sale. DPAC makes no warranty or guarantee about the quantity or quality of tickets that will be available for purchase if you pay such a fee, are a Season Ticket holder, are on the waiting list to be a Season Ticket holder or comply with registration or other requirements.

Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, DPAC receives incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, DPAC will attempt to contact you, using the information provided at the time of purchase. If DPAC is unable to reach you after an initial attempt, DPAC may cancel your order and may sell your tickets to another customer without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether your order has been placed. Only you may be aware of any problems that may occur during the purchase process. DPAC will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Seat views displayed on a Site may not be an exact representation.

Opening acts or other acts may sometimes tour with headlining performers. DPAC is not always made aware of opening acts or the length of their performances. Opening acts, as well as other performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or other performer is changed or canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from DPAC when DPAC has not agreed to provide a refund or exchange in these DPAC Terms, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from a Site. Should you do so, your tickets may be canceled, and we may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using a Site.

If DPAC issues you a refund for a ticket due to a canceled or postponed event, we will issue a refund or credit of the ticket price paid. In no event will delivery charges or any other amounts be refunded. DPAC will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

DPAC reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply the DPAC Code of Conduct in these DPAC Terms, or any of these DPAC Terms. Breach of DPAC Terms, including the DPAC Code of Conduct, will terminate your license to attend the Event, which termination may be without refund at DPAC’s discretion. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the Event for which you purchase tickets is a public Event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to DPAC, Affiliates, Producers, Artists, and Production Personnel to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the Event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

DPAC is not responsible for providing transportation or reimbursement of travel-related expenses under any circumstances unless those items are specifically included as part of a package. DPAC is not responsible for any delay causing you to arrive late or miss your event for any reason. If DPAC’s actions result in you missing an Event, DPAC will not be liable for more than your total purchase price. DPAC is not responsible for the conditions or the actions of the crowd at any Event or for any changes made at the Venue including without limitation seating arrangements, stage set-up or Venue conditions.

Unlawful resale (or attempted resale), counterfeit, or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and DPAC cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by DPAC.

 

  1. Other Purchases and Services

You may be able to access the Advanced Services features on the Sites to:

  • Purchase or renew Season Tickets
  • Register for ticket waiting lists
  • Ticket exchanges and upgrades
  • Purchase additional suite seats
  • Purchase ticket packages or single event tickets
  • Pay ticket or waiting list deposits
  • Engage in other activities

If you elect to engage in any such transaction, these DPAC Terms apply.

 

  1. Season Subscribers and Group Tickets

The provisions in subsections 15.A through 15.K apply to Season Tickets and/or Group Tickets, as described below.

 

A. Group Tickets

DPAC may allow a designated person (“Group Manager”) to distribute group tickets. Either you or the Group Manager will be responsible for paying for the tickets, as applicable. If the Group Manager pays for a ticket, then the Group Manager may cancel ticket distribution at any time, even after you have already retrieved your ticket, in which case you will not be able to use it to attend the Event. If you are responsible for paying for a ticket, then the Group Manager may only cancel ticket distribution before you pay for the ticket; once you pay for a ticket, the Group Manager will not be able to cancel it. You will not be able to obtain a refund or exchange after a ticket has been purchased, unless required by law or otherwise permitted by DPAC. The Group Manager and all Group Ticket holders agree to comply with these DPAC Terms, including the Code of Conduct, which apply to each person holding or seeking to enter a Venue in which an Event is presented. If the Group Manager or any Group Ticket holder violate any aspect of the DPAC Terms, including the Code of Conduct, DPAC may, at its sole discretion and in addition to taking other legal action, revoke the Group Tickets, without providing any refund.

 

B. No Resale of Season or Group Tickets

Tickets acquired hereunder may not be resold, transferred, or distributed to any ticket broker or to any other person or entity for resale. DPAC reserves the right to deny admission to any person seeking admission with a ticket obtained in violation of the terms of these DPAC Terms.  DPAC further reserves the right to seek recovery from the group for all damages incurred by DPAC as a result if any breach of the resale prohibition terms, together with attorney’s fees and other reasonable expenses incurred by DPAC in collecting such damages. However, in no event shall the amount of damages be less than 5 (five) times the price printed on the face of each ticket obtained in violation of the terms of this subsection prohibiting resale. Should it come to the attention of DPAC that anyone in the group is a ticket broker, all current and future orders may be cancelled without notice or further justification of action.

 

C. Risk of Loss

Upon receipt of your tickets for any full or partial Season Ticket subscription, or Group Tickets (including any additional single performance tickets purchased in connection with the season subscription or group contract) (collectively, “Season or Group Ticket(s)”), risk of loss of the tickets shall pass to you. You can obtain a mobile version of your Season or Group Ticket(s) by visiting https://am.ticketmaster.com/DPAC. DPAC, Producer, or Production Personnel shall not be obligated to admit you or your Guests to a Venue or to view the performance unless the original or legitimate replacement tickets are presented at the time of entry.

 

D. Revocable Privileges

All Season or Group Ticket(s) are privileges extended only to the Account Holder that, except as otherwise provided by law, are revocable at will in the sole discretion of DPAC. Tickets may be revoked with or without cause, for reasons that include but are not limited to breach of these DPAC Terms, improper conduct by you, your Guests, other holders of your tickets, and non-usage of the tickets. Should DPAC revoke any tickets, DPAC may refund you the amount you paid to DPAC or TM pursuant to the TM Terms and these DPAC Terms.

The Account Holder and your Guest(s), and all Season and Group Ticket holders agree to comply with these DPAC Terms, including the Code of Conduct, which apply to each person holding or seeking to enter a Venue in which an Event is presented. If the Season or Group Ticket Account Holder or any Guest(s) of any Season or Group Ticket holder violate any aspect of the DPAC Terms, including the Code of Conduct, DPAC may, at its sole discretion and in addition to taking other legal action, revoke the Season Ticket(s) of you, all of your Guest(s), and all Season seat members, without providing any refund.

 

E. Cancellations for Season Seat Members

Should DPAC or Producer cancel, without replacing, all or some performances of an Event included in your Season Ticket package (“Package”), DPAC may provide you a refund of the proportionate value of the cancelled ticket compared to the whole Package price, up to the face value of the cancelled performance’s ticket value. Packages, including tickets for any individual performance, are not otherwise refundable except in DPAC’s sole discretion. Any accounts with similar or duplicate contact information will be cancelled without notice. DPAC also may, at its discretion, arrange for an exchange of Season Ticket(s).

 

F. Exchanges for Season Seat Members

As a Season Ticket Account Holder, if you cannot attend a performance on the date of your tickets, you may be able to exchange your tickets for another performance of the same Show. All such exchange requests must be made at least 3 business days before the earlier of the performance date on your tickets and your requested alternative performance date either online, by phone, or in person at the box office. Exchanges can only be made by the Season Ticket Account Holder. All such requests for exchange are subject to availability of tickets for the requested alternative performance date. Any additional charges incurred in connection with the exchange request—for example, exchange fees, any increase in ticket prices due to a more favorable seat location or higher priced performance date—will be charged to your credit card upon processing of your request. No refunds or credits will be issued in the case of exchanges to lower priced tickets or performances.

 

G. Season and Group Ticket(s) Seat Location

Allocations of seat locations for Season and Group Tickets are made from, and subject to, available seat locations as determined by DPAC in its sole discretion. Your seats may be relocated for a particular performance if necessitated by production design requirements, due to limited or obstructed views, or for other reasons. In such cases, you will be contacted to be relocated to the best available seating. No refunds will be provided if your seats need to be relocated.

 

H. Season Renewals

Although DPAC anticipates that Season Ticket Account Holders will be granted the privilege to renew their season ticket subscriptions for the next season, such renewal privileges are extended at the option and in the sole discretion of DPAC and may be revoked or cancelled at any time for any reason. DPAC in its sole discretion and for any reason may change the seat location(s) previously assigned to any such subscription. All tickets not purchased by the renewal deadline date indicated on your season ticket renewal invoice or online will be released by DPAC for sale to the public at any price that DPAC, in its discretion, sets.

 

I. Payment Deadline and Invalid Payments

All payments for tickets are due by the payment deadline(s) set forth in your Season Ticket subscription or Group invoice or online. Failure to pay by the deadline(s) may result in the loss of your ticket purchase opportunity. You agree to abide by the refund and exchange restrictions applicable to your tickets. Without limiting the foregoing, you agree not to seek any refund or exchange unless specifically allowed by these DPAC Terms or other DPAC or Producer policies. You also agree not to dispute any credit card charge or seek any credit card chargeback with respect to valid credit card charges for your tickets. Should you violate these credit card restrictions, DPAC may cancel any tickets purchased with the subject credit card and refuse to honor or allow any pending or future ticket purchases made with the credit card. Returned or dishonored checks may be subject to a handling charge.

 

J. Season and Group Ticket Pricing

The total cost of Season and Group Tickets is as stated on your invoice, reflects the sum of the face value price of your tickets plus any taxes, service charges and handling fees. The face value price stated on your tickets reflects the value of your tickets plus any facilities fees and taxes, but does not include any service charges or handling fees. As such, the face value price stated on your tickets may be less than the total cost of your ticket purchase.

 

K. Season Ticket Forwarding

The Advanced Services features on a Site may permit you to forward your Season Tickets to another person. You can send an email invitation with a link to transfer your tickets and if the recipient accepts your offer, the tickets will be placed into the recipient’s TM account. Once the recipient accepts your offer, you will not be able to cancel the tickets.

Tickets forwarded using the Advanced Services are subject to the ticket authentication and delivery fees as disclosed to you by TM or DPAC. You may be required to provide your credit card number and other information in order to pay such fees, which will be processed or collected by TM or DPAC. Such fees are not refundable under any circumstances.

You should not assume that you will receive a tax deduction for forwarding tickets to a charity or any documents that can be used to support a tax deduction. Please consult a tax accountant.

 

  1. Reselling of Any Type of Ticket

DPAC does not permit the purchasing of tickets for the sole purpose of reselling them. Tickets purchased by persons that DPAC believes are purchasing solely for resale may be canceled, including without refund at any time. DPAC does not permit the reselling of tickets in excess of their face value price through any means other than through authorized reselling programs of TM and DPAC. Violations of this provision by you, your Guests, or another Guest may result in revocation of all tickets held in your name or in any account, including credit card accounts. DPAC and the Producer will not be responsible for counterfeit tickets purchased from unauthorized ticket resellers. Lost or stolen tickets for which replacement tickets have been issued will be voided and not honored. To address improper resale and counterfeit ticket concerns and otherwise, DPAC may implement any necessary procedures for tracking ticket transfers and purchases, including but not limited to a paperless ticket system which may require the ticket holder to present the credit or debit card used for purchase prior to admission.

 

  1. Ticket Limits

DPAC shall be entitled, in its sole discretion, to implement ticket purchase limits on any basis. In the event a person purchases more tickets than allowed under any applicable limit, DPAC, in its own discretion and with or without notice to the purchaser, may revoke and issue refunds to the purchaser for those tickets purchased in excess of the applicable limit, and may revoke remaining and future tickets.

 

  1. Children

All persons entering a Venue, regardless of age, must have a ticket. Unless otherwise noted on the applicable Show webpage at dpacnc.com, children under six (6) are not permitted in a Venue. Some Events do have a different age policy than the standard policy, so please check dpacnc.com before you purchase tickets or attend. For the comfort and enjoyment of all attendees, Guest(s) who are disruptive to others attending the performance will be asked to leave the performance space. All sales are final, and no refunds, including for you and your Guest(s), will be allowed for removals due to disruption.

 

  1. Disclaimer of Warranties

DPAC PROVIDES THE SITE(S) AND THE CONTENT TO YOU “AS IS” AND “AS AVAILABLE.” DPAC TRIES TO KEEP THE SITE(S) UP, BUG-FREE, AND SAFE, BUT YOU USE THE SITE(S) AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAWS, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, DPAC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. DPAC DOES NOT GUARANTEE THAT ITS SITE(S) WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT ITS SITE(S) WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. DPAC IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE DPAC FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

  1. Limitation of Liability

IN NO EVENT WILL DPAC, AFFILIATES, PRODUCERS, ARTISTS, OR PRODUCTION PERSONNEL, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH DPAC SITE(S), THE CONTENT ON DPAC SITES, OR ANY TICKET, PRODUCT, OR SERVICES PURCHASED THROUGH A DPAC SITE, EVEN IF DPAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT DPAC WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF A DPAC SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF A DPAC SITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF DPAC’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH A DPAC SITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH A DPAC SITE IS TO STOP USING THE DPAC SITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND DPAC IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DPAC. DPAC’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE(S) WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DPAC IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. DPAC’S LIABILITY WILL BE LIMITED UNDER THIS SECTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND THE PROVISIONS OF THIS SECTION WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS SECTION. THE PROVISIONS OF THIS SECTION THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DPAC IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

IN NO EVENT WILL DPAC, AFFILIATES, PRODUCERS, ARTISTS, OR PRODUCTION PERSONNEL, SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING OUT OF OR IN CONNECTION WITH ANY CLAIMS WAIVED, OR FOR ANY RISK YOU ASSUMED, EXPRESSLY OR INDIRECTLY, KNOWINGLY OR UNKNOWINGLY, WHETHER ON BEHALF OF YOU OR ON BEHALF OF ANY OTHER GUEST (COLLECTIVELY, “A WAIVED CLAIM OR ASSUMED RISK”). UNLESS OTHERWISE PROVIDED IN THIS DPAC TERMS, YOUR SOLE AND EXCLUSIVE REMEDY FOR A WAIVED CLAIM OR ASSUMED RISK IS TO NOT ATTEND AN EVENT AND TO SEEK A TICKET REFUND, IF AND TO THE EXTENT A REFUND IS OTHERWISE PERMITTED BY THESE DPAC TERMS.

THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND DPAC IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND DPAC. DPAC’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF THE SITE(S) WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DPAC IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE. DPAC’S LIABILITY WILL BE LIMITED UNDER THIS SECTION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, AND THE PROVISIONS OF THIS SECTION WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS SECTION. THE PROVISIONS OF THIS SECTION THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID DPAC IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.

 

  1. Indemnification

If anyone brings a claim against DPAC related to your use of a DPAC Site, the Content, your User Content or your violation of these DPAC Terms, you agree to indemnify, defend and hold DPAC, Affiliates, Producers, Production Personnel, and DPAC’s suppliers, advertisers and sponsors, and each of their officers, directors, employees, and agents, harmless from and against any and all Claims. DPAC reserves the right to take exclusive control and defense of any claim, and you will cooperate fully with DPAC in asserting any available defenses.

 

  1. Disputes, Including Mandatory Arbitration and Class Action Waiver

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF A DPAC SITE, OR TO PRODUCTS OR SERVICES SOLD, DISTRIBUTED, ISSUED, OR SERVICED BY DPAC OR THROUGH DPAC, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, with the following exceptions:

  • You may assert claims in small claims court if your claims apply;
  • If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section (Section 3) above, either of you or DPAC may file a lawsuit in a federal or state court located within Durham County, North Carolina, and you and DPAC both consent to the jurisdiction of those courts for such purposes; and
  • In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against DPAC (except for small-claims court actions) may be commenced only in a federal or state court located within Durham County, North Carolina, and you and DPAC both consent to the jurisdiction of those courts for such purposes.

The arbitration agreement in these DPAC Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.

This arbitration agreement is intended to be broadly interpreted and will survive termination of these DPAC Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by Laws to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including these DPAC Terms, including, but not limited to, any claim that all or any part of this Agreement or of the DPAC Terms is void or voidable.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms as a court would. For the avoidance of doubt, the arbitrator can award public injunctive relief.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: Durham Performing Arts Center, ATTN: Legal Counsel, 123 Vivian Street, Durham, NC 27701.

DPAC and you each agree that the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. YOU AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

You agree that these DPAC Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.

 

  1. Severability

It is DPAC’s belief that these DPAC Terms do not contain any provision contrary to Laws. However, if any part of these DPAC Terms is determined to be illegal, invalid, or unenforceable, you agree that: (a) that part shall nevertheless be enforced to the extent permissible in order to effect the intent of these DPAC Terms, and (b) the remaining parts shall be deemed valid and enforceable.

 

  1. Questions

If you have any questions, comments or complaints regarding these DPAC Terms or a DPAC Site, please contact DPAC at:

Durham Performing Arts Center

123 Vivian Street

Durham, NC 27701

Email: [email protected]