These are the Terms and Conditions of Use (“Terms”) governing the use of this “Site” (tickets.smokejazz.com) and the agreement that operates between You, the user, and Turntable Tickets, INC (“Turntable”). These Terms describe the rights and obligations of all users regarding the use of the Site. Turntable may immediately terminate these Terms or any Site with respect to you, or generally cease offering or deny access to the Site or any portion thereof, at any time for any reason, except where prohibited. Your access to and use of the Site is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site.
Except as otherwise set forth herein, You may only use the Site if You can form a legally binding contract. You must use the Site in compliance with these Terms and all applicable laws. If You submit information to Us through this Site, You must provide Us with accurate and complete information, and You agree to update Your information to keep it accurate and complete. Submission of information through this website by anyone under the age of 13 is strictly prohibited.
To use certain areas of the Site, You may need to create an account (“Account”). You agree to provide Us with accurate, complete, and updated information for Your Account. You can access, edit and update Your Account by logging into Your Account on the Site. You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your account, and You agree to accept responsibility for all activities that occur under Your account or password. You will have no ownership in Your account or Your username. We may refuse registration, cancel an account, or deny access to the Site for any reason.
You agree that You will comply with all applicable laws, rules, and regulations, and You will not:
Please review Our Purchase Policy, which will govern Your purchase of any tickets or other products through the Site, including any refunds or exchanges. We may impose conditions on Your use of any coupon, promotional code or gift card. 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 to conduct transactions on the Site. You will not hold Us liable if You do not comply with laws related to Your transactions. We may provide law enforcement with information You provide to Us related to Your transactions to assist in any investigation or prosecution of you. If We are 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 We are no longer able to verify or authorize Your credit card or bank account information, Your tickets may be cancelled, We 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. We may also prohibit You from using the Site.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if You believe in good faith that any content on the Site infringes Your copyright, You may send Us 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 Our 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 Us to locate the content on the 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 the law; 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.
We cannot prohibit minors from visiting Our Site 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. We do not endorse the products or services listed at this website.
The Site is directed solely to people residing or located in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site, or any service or product described on the Site to any person or geographic area at any time. If You choose to access the Site from outside the United States, You do so at Your own risk.
In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) made available through the Site may have specific rules that are different from these Terms. By participating in a Promotion, You will become subject to those rules. We urge You to review the rules before You participate in a Promotion. Promotion rules will control over any conflict with these Terms.
We may investigate any violation of these Terms, including unauthorized use of the Site. We may provide law enforcement with information You provide to Us related to Your transactions to assist in any investigation or prosecution of you. We may take legal action that We feel is appropriate. You agree that monetary damages may not provide Us a sufficient remedy and that We may pursue injunctive or other relief for Your violation of these Terms. If We determine that You have violated these Terms or the law, or for any other reason or for no reason, We may cancel Your account, delete all Your User Content and prevent You from accessing the Site at any time without notice to you. If that happens, You may no longer use the Site or any Content. You will still be bound by Your obligations under these Terms. You agree that We will not be liable to You or any third party for termination of Your access to the Site or to Your account or any related information, and We will not be required to make the Site or Your account or any related information available to you. We may also cancel any ticket or merchandise order, and tickets or merchandise acquired through Your order. We may refuse to honor pending and future purchases made from all accounts We believe may be associated with You or cancel a ticket or ticket order associated with any person We believe to be acting with you, or cancel Your ticket postings, or exercise any other remedy available to us.
We provide the Site and the content to You “as is” and “as available.” We try to keep the Site up, bug-free and safe, but You use it at Your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, We disclaim 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. We do not guarantee that the Site will always be safe, secure or error-free or that the Site will always function without disruptions, delays or imperfections. We are not responsible for the actions or information of third parties, and You release Us 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.
In addition to any excuse provided by applicable law, Turntable shall be excused from liability for non-delivery or delay in delivery of products and services available through the Site arising from any event beyond Our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond Our reasonable control, whether or not similar to those which are enumerated above.
TURNTABLE SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE Site, REGARDLESS OF THE NEGLIGENCE (EITHER ACTIVE, AFFIRMATIVE, SOLE, OR CONCURRENT) OF TURNTABLE, EVEN IF TURNTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TURNTABLE SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD-PARTY PROVIDER, EVEN IF TURNTABLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TURNTABLE SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND TURNTABLE’S REASONABLE CONTROL.
YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE OR LINKED WEBSITES IS TO STOP USING THE SITE OR THOSE SERVICES OR PRODUCTS.
You agree to indemnify, defend and hold harmless Turntable and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors, and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorney’s fees and court costs, arising from or in connection with Your use of the Site or Our products or services or any violation or alleged violation by You of these Terms or applicable law. We reserve the right, at Our own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by You and, in such case, You agree to cooperate with Us in the defense of such matter. You may not settle any claim covered by this Section or admit any liability on the part of Turntable without Turntable’s prior written approval.
Any dispute, claim, or controversy relating in any way to these Terms (including interpretation or application of this section and questions of arbitrability), to Your use of the Site, or to any products or services sold or distributed by Turntable or through the Site will be resolved by binding arbitration, rather than in court, except each party retains the right to bring an individual action in small claims court or to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award all remedies (except for class, consolidated, or representative action remedies) to which a party is entitled under applicable law, and which would otherwise be available in a court of law (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
It is agreed any dispute resolution proceedings will be conducted on an individual basis only, and not in a class, consolidated, or representative action. YOU ACKNOWLEDGE AND AGREE THAT YOU AND TURNTABLE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS.
Action or Representative Proceeding. Unless You and Turntable otherwise agree, the arbitration will be conducted in the county where You reside. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and Turntable submit to the Arbitrator, unless You request a hearing, or the Arbitrator determines a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the American Arbitration Association (“AAA”) Rules. Subject to the AAA Rules, the Arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitration Process. As specified in the AAA’s rules, to begin an arbitration proceeding, You must send a written Demand for Arbitration that describes Your claim and the relief You seek to Our registered agent at Rosenblatt Law Firm, 16731 Huebner Rd, San Antonio, TX 78248. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules.
Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of that right or provision or any other rights or provisions included within the Terms.