PLEASE READ THE FOLLOWING TERMS OF SERVICE AND LICENSE AGREEMENT CAREFULLY BEFORE DOWNLOADING, USING, ACCESSING, OR PURCHASING ANY TICKET, PRODUCT, OR SERVICE THROUGH ANY PART OF THE OMAHA PERFORMING ARTS WEBSITE OR SERVICES OR THE OMAHA PERFORMING ARTS MOBILE APPLICATION (IF AVAILABLE).
The following are the terms and conditions for use of www.omahaperformingarts.org and www.ticketomaha.com, any affiliated sub-domains, and any affiliated websites on which these Terms are posted, and their related services (the "Website") and
the Omaha Performing Arts Mobile Application (if available) and its services (the "Application") (collectively the Website and the Application are referred to as the "Services"). The Services are owned and operated by Omaha Performing Arts Society ("Omaha
Performing Arts," "us," or "we").The Omaha Performing Arts Ticket Policies available at https://ticketomaha.com/ticket-policies (the "Ticket Policies") are expressly incorporated into these Terms.
By downloading or using the Application,
accessing the Services, continuing to access the Services, purchasing any tickets, products, or services through the Services, or submitting any information through the Services, and in consideration for the services Omaha Performing Arts provides to
you, YOU (the terms "you" or "yours" includes the person or entity that is accessing the Services as well as any third-parties accessing the Services on your behalf) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS GOVERNING
THE USE OF THE SERVICES (the "Terms"). Use of the Services is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices, including the class action waiver, contained herein.I. OVERVIEW
Omaha Performing Arts is located at 1200 Douglas Street, inside the Holland Performing Arts Center. For more information, call the main office at 402-345-0202 or visit Omaha Performing Arts online.
Omaha Performing Arts operates Ticket Omaha.
Ticket Omaha is the official ticket retailer for the Orpheum Theater and Holland Performing Arts Center. We provide ticketing services for the member organizations: Omaha Performing Arts, Omaha Symphony, Opera Omaha and the Omaha Community Playhouse.
. In order to utilize some of the Services' features, you may need to register and create an account. In order to create an account, you must complete the registration process by providing Omaha Performing Arts with complete
and accurate information as prompted by the registration form, including contact information, email address, and password. You shall protect your password and take full responsibility for your own and third-party activities that occur under your account.
You agree to notify Omaha Performing Arts immediately of any unauthorized use of your account or any other breach of security. If you create an account on behalf of an entity, these Terms bind both you and the entity.Refusal of Service
Omaha Performing Arts reserves the right, with or without notice, to terminate the account of, or refuse service to, any persons that violate these Terms, violate any party's intellectual property rights, abuse other users of the Services, misuse the
Services, or otherwise engage in inappropriate conduct, as determined by Omaha Performing Arts in its sole discretion.Payment
. If you make any purchases through the Services, you agree to pay all applicable charges and fees for those
purchases and to comply with the terms of the applicable payment processor. Unless otherwise stated, all prices are stated in U.S. Dollars.Information Submission and Age Restriction
. By submitting any information, including any User
Content as defined below, through the Services, you represent and warrant that you are 18 years of age or older, and, if under the age of majority in your state, you are either an emancipated minor, or have obtained the legal consent of your parent or
legal guardian to enter into these Terms and use the Services. Omaha Performing Arts does not intend to use the Services to collect any information from children under age 18. Pursuant to 47 U.S.C. § 230(d), you are notified that parental control
protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. For information on providers of such services, contact your information technology
By accepting these Terms and using the Services, you consent to receive electronically all communications or notices sent by Omaha Performing Arts with regard to the Services or these Terms to
any email address you provide to Omaha Performing Arts. It is your responsibility to update your contact information provided to Omaha Performing Arts. In order to receive electronic communications, you must have a working connection to the internet and
meet any specifications required by your email service provider. Omaha Performing Arts may send communications in a non-electronic format in Omaha Performing Arts' discretion.III. MODIFICATIONS TO TERMS OF SERVICE AND OTHER POLICIES
Omaha Performing Arts reserves the right to change or modify any of the terms and conditions contained in these Terms or any policy governing the use of the Services, at any time, by posting the new terms on the Website or Application. The most
current version of these Terms will be located on, or available through, the Application and Website. You understand and agree that your access to or use of the Services is governed by the then-current Terms that are effective at the time of your access
to or use of the Services. If we make material changes to these Terms, we will notify you by updating the "Updated" date indicated at the top of this page with the date that revisions to these Terms were last made. We will not notify you of any such changes
by email or other personal contact, but we reserve the right to do so. You should revisit these Terms on a regular basis as revised versions will be binding upon you. Any such modification will be effective upon our posting of such new Terms. You understand
and agree that your continued access to or use of the Services after the effective date of modifications to the Terms indicates your acceptance of the modifications.IV. ACCESS TO AND USE OF WEBSITE; PROPRIETARY RIGHTSAccess and Use of the Website
Subject to, and in accordance with, these Terms, Omaha Performing Arts permits you to access and make personal use of the Services. Omaha Performing Arts reserves all rights not expressly granted to You hereunder. Your authorization to access and use
the Website is automatically revoked if you violate any of these Terms. Omaha Performing Arts reserves the right to revoke your authorization to access or use the Website or Services at any time for any reason.
. Except as expressly provided for in the non-exclusive license contained in Section IX below, Omaha Performing Arts expressly reserves all right, title, and interest in and to the Services and the Services' content,
including any copyright, patent, or trademark or other intellectual property right, or federal or state right, pertaining thereto. Please do not copy or reproduce the photographs or other content contained on the Services. The copyrighted and/or trademarked
materials contained within the examples displayed on the Services are owned by each respective entity.V. PURCHASES AND REFUNDSTicket Policies
. All ticket purchase are subject to the Omaha Performing Arts Ticket Policies
available at https://ticketomaha.com/ticket-policies (the "Ticket Policies") as amended from time to time as well as any terms posted at the applicable venue or contained on your ticket(s). Certain events may be subject to additional terms or restrictions.
All prices are subject to change. If you purchase any ticket or other product through the Services, you agree to comply with the terms of the applicable payment processor.Refund Policy
. Unless otherwise stated, Omaha Performing Arts
does not issue refunds.
You agree to comply with all applicable laws and directed health measures as well as the safety protocols and procedures in effect at the time of the performance implemented by the Omaha Performing Arts with regard
to COVID-19 which may include required masks or face coverings.
Omaha Performing Arts or each Event may unilaterally implement health and safety protocols according to updated public health guidance and applicable law. Updates will be provided to ticket holders prior to each performance or posted at https://o-pa.org/covid-precautions. Any ticket holder who does not comply may be required to leave the theater and their ticket will not be refunded. Guests with accessibility questions or who require additional assistance may call 866.434.8587, 402.345.0606, or email firstname.lastname@example.org. Events are planned at full capacity.
You assume all risks, hazards, and dangers arising from or relating in any way to the risk of contracting COVID-19 or any disease, and voluntarily waive all claims and potential claims against Omaha Performing Arts, the City of Omaha, The John Gore Organization, Inc., John Gore Theatrical Group, Inc. d/b/a Broadway Across America, the Venue, Presenter, all events and event producers, and their respective affiliates, subsidiaries, sponsors, successors and assigns and their respective officers, employees, contractors and agents. By attending an event at Omaha Performing Arts you agree to the above terms.
VI. USER-GENERATED/THIRD-PARTY CONTENTOverview.
The Services may, from time to time, allow users and third-parties to upload, post, or otherwise transmit
user-generated content, including, but not limited to, comments, feedback, photos, videos, reviews, and other forms of data or communications ("User Content").User Obligations and License; Intellectual Property.
You alone own
and are solely responsible for all User Content you post, upload, or otherwise transmit (collectively "Post") through the Services and once Posted, it cannot always be withdrawn. You agree not to Post through the Services any User Content which is false,
defamatory, infringes upon another party's intellectual property, or is otherwise illegal. By Posting User Content on the Services, you warrant and represent that you have the right to post such information and that such information is truthful and accurate.
By Posting User Content, you automatically grant, and warrant and represent that you have the right to grant, Omaha Performing Arts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license
to use, store, copy, perform, display, and distribute such User Content for any purpose and to prepare derivative works of, or incorporate into other works, such User Content.
You assume all risks associated with your Posted User Content on
the Services, including anyone's reliance on its quality or reliability. By Posting User Content you may expose yourself to liability if, for example, your Posted User Content contains material that is false, intentionally misleading, or defamatory; violates
any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech
or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.Testimonials and Photographs.
If you Post or otherwise transmit to Omaha Performing Arts a testimonial statement or
photograph or video depicting your results using any service or product, you grant, and warrant and represent that you have the right to grant, Omaha Performing Arts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable,
transferable license to use, copy, perform, display, and distribute the testimonial statement and/or photograph for any purpose, including posting on the Services or using in any Omaha Performing Arts advertising materials.
By Posting or sending
any testimonials of your results, you represent that the testimonial statement is true, that you used the service or product as directed, and that the testimonial accurately depicts your experience using the service or product.
If you no longer
wish Omaha Performing Arts to use your written testimonial statement or photograph or video, please contact us. If we do not hear from you, we will assume you still stand behind your testimonial statement.
If you received any kind of compensation,
whether monetary, in the form of a free service or product, or otherwise, you must notify us of this fact when posting or sending your testimonial.Rules of Conduct.
In addition to all other obligations and terms stated in these Terms,
you agree to abide by any rules of conduct or community guidelines posted on the Website or Applications. Omaha Performing Arts reserves the right to exclude or suspend any user who violates these rules of conduct, and reserves the right, but does not
undertake an affirmative obligation, to remove, screen, or edit any content which is contrary to these rules without prior notice. User Content does not necessarily reflect the opinion of Omaha Performing Arts.Communications Decency Act.
As provided in 47 U.S.C. § 230(c)(1), Omaha Performing Arts is only a distributer, and not the publisher or speaker, of any User Content. As such, Omaha Performing Arts cannot be held liable for making available any User Content which may be false
or inaccurate. Any information or opinions contained in the User Content made available through the services are those of their respective authors alone. Omaha Performing Arts does not guarantee the accuracy, completeness, or truthfulness of any User
Content. Under no circumstances will Omaha Performing Arts be responsible for any loss or damage resulting from any person's reliance on any User Content.Reservation of Rights
. Subject to Section VII below regarding the DMCA, Omaha
Performing Arts reserves the right to remove or not remove any User Content from the Services for any reason or no reason at all, in Omaha Performing Arts' sole discretion. This reservation includes the exclusive right to decide whether to publish, withdraw,
postpone, or alter any User Content. Omaha Performing Arts reserves the right, but does not undertake any affirmative obligation, to screen, monitor, or filter User Content.Information Storage and Access
. Omaha Performing Arts reserves
the right, in its sole discretion, to determine whether and how long to store User Content and user data. Omaha Performing Arts will not be responsible for any liability related to the deletion or removal or any data or content maintained on the Services
or Omaha Performing Arts' servers.Submissions, Suggestions, and Feedback.
By sending us any ideas, suggestions, documents, or proposals (collectively, "Feedback"), you agree that (i) your Feedback does not contain the confidential or
proprietary information of third-parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv)
you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Omaha Performing
Arts and its users any claims and assertions of any rights, whether intellectual property rights or otherwise, contained in such Feedback.VII. DIGITAL MILLENNIUM COPYRIGHT ACT
Omaha Performing Arts respects the intellectual
property rights of others and complies with safe harbor provisions of the Digital Millennium Copyright Act ("DMCA"). Anyone who believes that their work has been reproduced on the Services in a way that constitutes copyright infringement may notify Omaha
Performing Arts' designated copyright agent in accordance with Title 17, United States Code, Section 512(c), by providing the following information:
1. A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list
of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient
to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address
at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
of claimed infringement should be forwarded to Omaha Performing Arts' designated agent as follows:
Troy F. Meyerson
500 Energy Plaza
409 South 17th Street
Omaha, NE 68102-2663
Telephone: (402) 341-6000
The full legal name and physical address of the service provider is as follows:
Omaha Performing Arts
1200 Douglas Street
Omaha, NE 68102
Alternate names the public may be likely to use to
search for our designated agent include Omaha Performing Arts Society, Omaha Performing Arts, Ticket Omaha, www.omahaperformingarts.org and www.ticketomaha.com.
After receiving a valid DMCA notification of claimed infringement, we will process
and investigate the claim and will take appropriate actions under the DMCA, including expeditiously removing or disabling access to any material claimed to be infringing or claimed to be the subject of infringing activity. We will take reasonable steps
promptly to notify the user who submitted the material that we have removed or disabled access to such material.Counter-Notification
. If you posted or submitted material to Omaha Performing Arts which Omaha Performing Arts removed or
disabled access to pursuant to a DMCA notification of claimed infringement, and you believe your material is not infringing and the material was removed or disabled as a result of a mistake or misidentification, you may send a counter-notification containing
the following information in writing to Omaha Performing Arts' designated agent listed above:
1. Your physical or electronic signature;
2. Identification of the material that has been removed or to which access has been disabled
and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement under penalty of perjury that the you have a good faith belief that the material was removed or disabled as a result of mistake
or misidentification of the material to be removed or disabled; and
4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is
located, or if the your address is outside of the United States, for any judicial district in which Omaha Performing Arts may be found, and that you will accept service of process from the person who provided the notification of claimed infringement or
an agent of such person.
If a valid counter-notification is received by our designated agent, we will send a copy of the counter-notification to the original complaining party informing that person that we will replace the removed material
or cease disabling access to it in ten (10) business days. Unless our designated agent first receives notice from the original complaining party that such party has filed an action seeking a court order to restrain the alleged infringement, we will replace
or restore access to the material in ten (10) to fourteen (14) business days after our designated agent's receipt of the counter-notification, at our sole discretion.
Omaha Performing Arts reserves the right, in its sole discretion, to terminate
accounts for users that are deemed to be repeat copyright infringers.VIII. DEVICE AND WIRELESS CARRIER LIMITATIONS AND DISCLAIMERS
While Omaha Performing Arts attempts to provide all Services and Application features
to all users, use of the Application and the Services may be limited for some or all users due to conditions outside of Omaha Performing Arts' control. As a result, not all advertised features may be available to you at all times. Some of these conditions
include, but are not limited to, the following: Your mobile device or your wireless carrier may limit the features available to you. Your data or messaging plan may limit your use of the Services. Your wireless voice and/or data signal may make access
to the Application, Services, or some of their features intermittent or unavailable. The Services may not be available in some geographic locations.
Omaha Performing Arts is not liable, and expressly disclaims any representations or warranties,
regarding access to the Services or Application through a particular wireless carrier, network, or plan, on a particular device, or in a particular location. Omaha Performing Arts does not guarantee that the Services will always be accessible or available.
You are solely responsible for any costs you incur to access the Services or Application through your mobile device.IX. OMAHA PERFORMING ARTS MOBILE APPLICATION LICENSE (IF AVAILABLE)
Omaha Performing Arts may, from time
to time, choose to make available for download a mobile Application. If Omaha Performing Arts makes an Application available, the terms of this license apply to your download and use of the Application. Omaha Performing Arts does not guarantee that any
Application will be supported or available for download.License
. Subject to, and in accordance with, these Terms, and conditioned upon any required payment, Omaha Performing Arts grants to You, and You accept from Omaha Performing Arts,
a limited, revocable, non-exclusive, and non-transferable license to use the Application, if available. Omaha Performing Arts reserves all rights not expressly granted to You hereunder. This license is automatically revoked if you violate any of these
Terms. You only receive a license to use the Application(s) you download and for which you pay any required fees.Payment.
Certain Applications and application features may be offered for free, for a one-time payment, or on a subscription
basis. Please review the particular terms for your Application for more details. Omaha Performing Arts does not guarantee that any portion of any Application will be free at all times.Source Code.
The grant of this license is not, and
shall not be construed as, a grant of any right to You to use, receive or view, copies of source code, schematics, master copies, design materials or other information used by You in creating, developing or implementing the Application, including updates
or modifications thereto. Without limiting the foregoing, You shall have no rights to receive any source code for any Application and shall not reverse engineer, disassemble or decompile, or otherwise attempt to derive source code for any Application
for any purpose.Prohibitions.
You must not do, or permit others to do, any of the following: (a) copy or modify the Application in any way, except as expressly permitted in these Terms; (b) remove or modify Omaha Performing Arts' copyright
notices, trademark, logo, legend or other notice of ownership from any originals or copies of the Application or Services; (c) attempt to view, read, modify, reverse compile, reverse assemble, disassemble or print the Application's source code or object
code or other runtime objects or files distributed with the Application; (d) otherwise reverse engineer, modify or copy the look and feel, functionality or user interface of any portion of the Application or Services; (e) rent, lease, distribute (or redistribute),
provide or otherwise make available the Application or Services, in any form, to any third party (including in any service bureau or similar environment); (f) use the Application or Services to process the data of third parties; (g) use, install, or make
available the Application, in whole or in part, through a wide area network including but not limited to World Wide Web sites, intranets, or application Service Providers (ASP); or (h) use the Application or Services to infringe on any person's right
of privacy. In addition, You will not violate or attempt to violate the security of Omaha Performing Arts' networks or servers, including (x) access data not intended for You or log into a server or account which You are not authorized to access; (y)
attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper written request and authorization; or (z) attempt to interfere with service to any user, host or network, including
by means of submitting a virus, overloading, flooding, spamming, mail bombing or crashing
You are also prohibited from taking any actions in violation of the prohibitions and requirements set forth in Section XII below.Infringement
If a third party claims that the Application or the Services infringes its patent, copyright or trade secret, or any similar intellectual property right, Omaha Performing Arts will defend You against that claim at Omaha Performing Arts' expense and pay
all damages that a court finally awards, provided that You promptly notify Omaha Performing Arts in writing of the claim, and You allow Omaha Performing Arts to control and You cooperate with Omaha Performing Arts in, the defense or any related settlement
negotiations. If such a claim is made or appears possible, You agree to permit Omaha Performing Arts to modify the Application or Services in order to attempt to avoid such claims. If Omaha Performing Arts determines that this alternative is not reasonably
available, You agree to uninstall or return the Application on the Omaha Performing Arts' request, and without any further liability or obligation of Omaha Performing Arts. Further, Omaha Performing Arts shall have no obligation whatsoever for any claim
based on Your modification of the Application or Your combination, operation, or use with any product, data, or apparatus not specified or provided by Omaha Performing Arts. THIS PARAGRAPH STATES OMAHA PERFORMING ARTS' ENTIRE OBLIGATION TO YOU WITH RESPECT
TO ANY CLAIM OF INFRINGEMENT. If no Application is currently available, this provision nonetheless applies to any claim of infringement regarding the Website or Services.Maintenance or Support
. Omaha Performing Arts is not under any
obligation to provide maintenance or support for the Application. Omaha Performing Arts may provide maintenance or support for the Application in Omaha Performing Arts' sole discretion.Uninstallation
. You may, at any time, uninstall
the Application by utilizing your mobile device's procedures for uninstalling downloaded applications. However, Omaha Performing Arts may retain collected data after the uninstallation.Third-Party Terms.
You must comply with applicable
third-party terms of service when using the Application, including any terms required by your mobile carrier or device manufacturer.Apple and Google-Specific Terms.
The following additional terms and disclosures only apply to you if
you use the Application through the Apple or Google operating systems, if available and as applicable:Apple
1. This is a custom end-user license agreement between you and Omaha Performing Arts, and not with Apple. Omaha Performing
Arts, and not Apple, is solely responsible for the Application, the Services, and the related content.
2. Omaha Performing Arts grants you the non-transferable right to use the Application on any Apple-branded products that you own or control
and as permitted by the Usage Rules set forth in the App Store Terms of Service.
3. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
4. In the event of any failure
of the Application to conform to any applicable warranty, if any, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you. To the maximum extent permitted by applicable law, Apple will have no other warranty
obligation whatsoever with respect to the Application and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure of to conform to any warranty, if any, will be the sole responsibility of Omaha Performing Arts.
5. Omaha Performing Arts, and not Apple, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims;
(b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Application's use of the HealthKit and
HomeKit frameworks, if applicable.
6. In the event of any third party claim that the Application or your possession and use of that Application infringes that third party's intellectual property rights, Omaha Performing Arts, not Apple, will
be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
7. You represent and warrant that (i) you is not located in a country that is subject to a U.S. Government
embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Any questions, complaints, or claims with respect
to the Application should be directed to Omaha Performing Arts Company at the address and contact information for receiving notices set forth below in Section XIX.
9. You must comply with applicable third party terms of agreement when
using the Application.
10. Apple and Apple's subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you
as a third-party beneficiary thereof.Google
1. This is a separate end user license agreement between you and Omaha Performing Arts, and not with Google.
2. Subject to, and in accordance with, these Terms and any
required payments, Omaha Performing Arts grants to You, and You accept from Omaha Performing Arts, a non-exclusive, worldwide, and perpetual license to perform, display, and use the Application on your device that can access Google Play. The user may
include, but is not limited to, a family group, with a family manager and family members whose accounts are joined together for the purpose of creating a family group. Family groups on Google Play are subject to reasonable limits designed to prevent abuse
of family sharing features. Users in a family group may purchase a single copy of the Services (except in-app and subscription products, which cannot be shared) and share it with other family members in their family group. This license is automatically
revoked if you violate any of these Terms.
3. You are allowed unlimited reinstalls of the Application, unless and until Omaha Performing Arts removes the Application from the Google Play or any other Google-branded distribution platform.
4. Omaha Performing Arts, and not Google, will have the sole responsibility to undertake or handle support and maintenance of the Application or any complaints about the Application, subject to these Terms.
5. Omaha Performing Arts,
and not Google, is responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of the Application, including but not limited to: (a) product liability claims; (b) any claim the Application
fails to conform to any applicable legal or regulatory requirement; (c) intellectual property claims; and (d) claims arising under consumer protection, privacy, or similar legislation, if applicable.
6. Omaha Performing Arts, and not Google,
is solely responsible for Omaha Performing Arts' breach of any agreement with Google, any applicable third-party contract or terms of service, or any applicable law or regulation.
7. Any questions, complaints, claims, or issues regarding defects
or performance issues with respect to the Application should be directed to Omaha Performing Arts Company at the address and contact information for receiving notices set forth below in Section XIX.
8. The collection, use, and distribution
Omaha Performing Arts does not represent or warrant and expressly disclaims any warranty that (i) any information provided by the Services will be accurate, (ii) the Services will be error-free or accessible at all times, (iii) defects will be
corrected, (iv) the Services or the server that makes the Services available, are free of viruses or other harmful component, (v) the use or the results of the use of the Services or the products or services made available through the Services will be
correct, accurate, timely, or otherwise reliable, or (vi) that the Services will be supported on all web browsers or mobile operating systems. It is expressly understood by all users that the Application and the Services may be from time to time be inaccessible,
inoperable, or may not provide all features as a result of multiple factors which may or may not be within Omaha Performing Arts' control. These factors may include, but are not limited to, variables in internet, telecommunications, data, cellular or
satellite services provided by your wireless carrier to your mobile device, geographic limitations, poor wireless signal strength, periodic maintenance to the Services, malfunctions in the Application or the Services, limitations due to your particular
mobile device, or any other reason which may prevent the Application and its services from being accessible at all times. Omaha Performing Arts disclaims any liability as a result of any user's inability to access or use the Application or the Services
at a particular time, location, on a particular device, or using a particular wireless provider.
Further, Omaha Performing Arts expressly disclaims any representation or warranty relating to any products or services displayed, described, advertised,
sold, offered, reviewed, recommended, linked to, or pictured on or through the Services. Omaha Performing Arts does not endorse any such products or services and does not warrant that any such products or services are available, will meet the user's needs,
are appropriate for any particular use, or are of any certain quality. Omaha Performing Arts does not guarantee that any product or service descriptions, reviews, portrayals, specifications, or the like are accurate. Under no circumstances will Omaha
Performing Arts be responsible for any loss or damage resulting from any person's reliance on any such product or service descriptions, reviews, or specifications contained on the Services.
THE SERVICES AND ANY PRODUCTS SOLD THROUGH THE SERVICES
ARE PROVIDED "AS IS" AND THERE ARE NO WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY OMAHA PERFORMING ARTS EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICES OR PRODUCTS, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT,
MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. OMAHA PERFORMING ARTS DOES NOT WARRANT THAT THESE SERVICES OR PRODUCTS WILL MEET YOUR NEEDS OR BE FREE
FROM ERRORS, THAT THE OPERATION OF THE WEBSITE OR APPLICATION WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR PRODUCTS, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH
THE SERVICES. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT
APPLY TO YOU. ALL PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES ARE SOLD BY THE SELLER AND NOT BY OMAHA PERFORMING ARTS.
We do not guarantee that the Services, or any products sold through the Services, will be compatible with all software
or with all devices.
When you use the Application on your mobile device, your wireless service carrier may charge you data rates, message fees, and related fees.XI. HYPERLINKS
A link from the Services to a non-Omaha
Performing Arts website does not mean that Omaha Performing Arts endorses or accepts any responsibility for the content, functioning, policies, or use of such website, and you enter any such website at your own risk. It is your responsibility to take
if you do not agree to be bound by the terms of that site, terminate your visit to that site. We are not responsible for the privacy policies and practices of the sites operated by our business partners or other third parties. Omaha Performing Arts expressly
disclaims any liability related to such sites. Omaha Performing Arts also prohibits unauthorized hypertext links to the Services or the framing of any content available through the Services. Omaha Performing Arts reserves the right to disable any unauthorized
links or frames.
The Services may provide as a convenience links to third-parties that provide information. Those third-parties are beyond Omaha Performing Arts' control and Omaha Performing Arts does not guarantee that those third-parties
or the information they provide, will be accessible or accurate.XII. COMPLIANCE AND PROHIBITED ACTIONS
You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating,
any applicable laws, rules or regulations or any rights of any third-parties, including without limitation, any law or right regarding any copyright, patent, trademark, trade secret, or other proprietary or property right, false advertising, telemarketing,
unfair competition, defamation, invasion of privacy, rights of celebrity, or other federal or state law, rule, or regulation.
You may not use any information obtained from the Service in order to harass, abuse, or harm another person.
You may not purchase any products or services through the Services which are prohibited in your jurisdiction.
In order to protect the integrity of the Services, Omaha Performing Arts reserves the right at any time in its sole discretion to
block users from certain IP addresses from accessing the Services. You may not use any technologies or processes to circumvent any IP blocks or other mechanism put in place by Omaha Performing Arts to limit, restrict, or prevent access to the Services.
You may not reproduce, copy, bulk download, redistribute, or resell any content contained within the Services without the express written consent of Omaha Performing Arts. You may not use any software, devices, scripts, crawlers, robots, or other
automated processes to copy, scrape, or systematically acquire any content contained within the Services without the express written consent of Omaha Performing Arts. You may not frame or mirror any Omaha Performing Arts website or content without the
express written consent of Omaha Performing Arts.XIII. INDEMNIFICATION
You agree to indemnify, hold harmless and defend Omaha Performing Arts, its managers, members, directors, employees, agents, or affiliates (collectively
the "Indemnified Parties") at your expense, against any and all third-party claims, actions, proceedings, and suits brought against any of the Indemnified Parties, and against all related liabilities, damages, settlements, penalties, fines, costs or expenses
(including, without limitation, reasonable attorneys' fees) incurred by the Indemnified Parties arising out of or relating to (i) your breach of any term or condition of these Terms, (ii) your Posting of User Content, (iii) your use of the Services, or
(iv) your unauthorized use of the Services. In such a case, the Indemnified Party or Parties will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any claim. The Indemnified
Party or Parties will reserve the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.XIV. LIMITATIONS OF LIABILITY
OMAHA PERFORMING ARTS WILL NOT
BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY (A) INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, (B) LOSS OF PROFITS, (C) LOSS OF DATA OR INFORMATION, (D) BODILY DAMAGE OR EMOTIONAL DISTRESS, (E) PROPERTY DAMAGE, OR (F) REPUTATIONAL
HARM, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF OMAHA PERFORMING ARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT
TO THE CONTRARY, OMAHA PERFORMING ARTS' CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE SERVICES, OR ANY PRODUCTS SOLD THROUGH THE
SERVICES SHALL NOT EXCEED THE GREATER OF (1) THE AGGREGATE FEES PAID BY YOU FOR THE OMAHA PERFORMING ARTS PRODUCTS OR SERVICES DURING THE PREVIOUS SIX (6) MONTHS, OR (2) ONE HUNDRED AND 00/100 DOLLARS ($100.00). YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY
IN CASE OF DISSATISFACTION WITH THE WEBSITE, RELATED SERVICES, PRODUCTS, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICES.XV. TERMS AND TERMINATION
You may terminate
about what we do with your account when terminated. We may terminate your account, suspend your ability to use certain portions of the Services and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind.
Any such action could prevent you from accessing your account, the Services, your User Content, other content on the Services, or any other related information. In the event of any termination of these Terms, any provisions by which their nature should
continue following termination of these Terms shall so continue.XVI.
PRIVACY, USE, AND DISSEMINATION OF PERSONAL INFORMATION
Services or providing any personal information through the Services.
By providing any personal or non-personal information to Omaha Performing Arts through the Services, or by using the Services, you automatically grant, and warrant and represent
that you have the right to grant, Omaha Performing Arts a perpetual, irrevocable, royalty-free, worldwide, non-exclusive, assignable, sublicensable, transferable license to collect, store, use, reproduce, disclose, transfer, and disseminate your collected
personal and non-personal information in order to provide the services contemplated under these Terms, to manage your account, to send you communications, or for any other lawful purpose in Omaha Performing Arts' sole discretion.
Omaha Performing Arts, and any third-parties to which Omaha Performing Arts provided your contact information, may contact you via any method of communication you submitted through the services, including, but not limited to, email, cell phone,
or text message. By providing Omaha Performing Arts your contact information, you agree to receive communications from Omaha Performing Arts or other third-parties who obtained your contact information from Omaha Performing Arts.XVII. ADVERTISEMENTS
Omaha Performing Arts may support the Services by using advertisements. These advertisements may be targeted to the content or information stored on or submitted through the Services. Advertisements may also be targeted based on information stored
in cookies or similar objects on your computer or device, including cookies which track your internet usage across sites and over time. The manner, mode, and extent of advertising on the Services are subject to change without notice. You agree that Omaha
Performing Arts may place advertising on the Services and you agree not to block such advertising.XVIII. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all
local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with
any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in
all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If
you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. If Omaha Performing Arts determines that the Services are being used by prohibited persons,
Omaha Performing Arts will terminate any impacted accounts. Omaha Performing Arts reserves the right to also provide notification of any such usage to the US DOT/OFAC.XIX. APPLICABLE LAW AND VENUE; NOTICE
shall be governed by and construed under the laws of the state of Nebraska without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Nebraska law, rules, and regulations, Nebraska
law, rules and regulations shall prevail and govern. Subject to the mandatory arbitration provision below, each party agrees to submit to the exclusive and personal jurisdiction of the courts located in Nebraska. The United Nations Convention on Contracts
for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to these Terms. The products and services provided by Omaha Performing Arts hereunder are controlled by U.S. Export Regulations, and they may not
be exported to or used by embargoed countries or individuals. Any notices to Omaha Performing Arts must be sent to:
Omaha Performing Arts
1200 Douglas Street
Omaha, NE 68102
via first class or air mail or overnight courier, and are deemed given upon receipt.XX. MANDATORY ARBITRATION AND PROHIBITION ON CLASS ACTIONSThe parties hereto agree and understand that any dispute or claim related to your use of the Services, any dispute or claim related to your purchase or use of any products or services sold through the Services, any disputes regarding any alleged breach of these Terms, to the extent such dispute cannot otherwise be resolved, as well as any other action to enforce these Terms or for the breach of these Terms, shall be referred to final and binding arbitration, and not in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.Any arbitration proceeding will take place in Nebraska, subject to the laws of Nebraska and will otherwise be governed by the then-current commercial arbitration rules of the American Arbitration Association, and the parties hereto expressly waive their rights, if any, to have any such matters heard by a court or jury, or administrative agency whether federal or state. The parties in any arbitration to enforce this agreement or remedy its breach will equally share the costs associated with such arbitration proceedings; provided, that, each party shall pay its own attorney's fees. Within fourteen (14) days after the commencement of arbitration, each party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within ten (10) days of their appointment. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.All parties agree that any dispute resolution proceedings (including any arbitrations and any court proceedings) will be conducted only on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class actions and class arbitrations are prohibited. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.XXI. MISCELLANEOUS
These Terms (including any amendment agreed upon by the parties in writing) represent the complete agreement between us concerning its subject matter, and supersedes all prior agreements and representations
between the parties. If any provision of these Terms are held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to affect the intent of the parties,
and the remainder of these Terms shall continue in full force and effect. A waiver of any default is not a waiver of any subsequent default. The relationship between Omaha Performing Arts and you is not one of employee/employer or of a legal partnership
relationship. These Terms shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.