Last updated: September 23, 2020
These Terms and Conditions (these “Terms”) form an agreement between The Dallas Opera (“we”, “us”, and “our”) and you (“you” and “your”). These Terms govern your access and use of this website (the “Site”). Please review these Terms carefully. By visiting and using the Site, you agree to be bound by these Terms. We may update these Terms from time to time in our discretion, but we will always keep the latest version of these Terms posted on the Site. By using the Site after a new version of these Terms has been posted, you agree to the terms and conditions of such version of these Terms.
Content and Ownership
“Content” means all information, data, text, software, music, sound, photographs, graphics, video, messages, or other material or content that are displayed, used, or otherwise incorporated into the Site or our social media channels (e.g., Facebook, Instagram, YouTube, LinkedIn, etc.). All Content is owned by us or our third-party licensors. Nothing contained on the Site should be construed as granting any license or right to use any of the Content without our written permission. Subject to your continued compliance with these Terms, we hereby grant you a personal, non-exclusive, revocable, non-transferable and non-sublicensable license to access and use (but not reproduce or distribute) the Site and Content for your personal, non-commercial use. Additionally, subject to compliance with these Terms, designated Content located within the TDO Education Portal may be reproduced and distributed for non-commercial, educational purposes.
You will not: (i) remove any trademark or copyright notices contained in the Site or Content; (ii) reproduce, modify, publish, distribute, transmit, disseminate, transfer, license, sell, lease, create derivative works based upon, or in any way commercially exploit the Site or Content; (iii) use manual or automated means to trawl, mine, scrape, frame, or mirror the Site or Content; (iv) disassemble, decompile or reverse engineer the Site or Content; (v) attempt to hack, defeat, or overcome any encryption technology or security measures regarding the Site or our other systems or those of any third party, or gain any unauthorized access to any systems or accounts; (vi) interfere with or disrupt the operation of the Site or any other systems; (vii) violate any applicable local, state, national or international law; (viii) post or transmit any Content that is unlawful, defamatory, abusive, harassing, threatening, obscene, fraudulent or otherwise inappropriate or infringes any intellectual property or privacy rights of any person; (ix) send unsolicited advertisements through the Site; (x) use the Site in a way that will adversely affect us or reflect negatively on us, any of our goodwill, name or reputation; (xi) provide any false or misleading information or any information that you do not have the right to provide; or (xii) otherwise violate any of our published policies or terms.
Terms of Sale
Your purchase of tickets or packages is subject to any additional terms we provide at the time of purchase. All sales are final cannot be refunded or exchanged unless otherwise expressly stated by us on the Site or in writing. By providing us a payment card or other payment method information, you authorize use to charge you for the designated amounts. You acknowledge and agree that we may use one or more third-party payment processors to facilitate payments made through the Platform, and that such payment processors will receive sufficient information regarding you and your payment method as needed to process such payments. We may impose a reasonable hold period on paid amounts, for funding confirmation and anti-fraud purposes.
Prices offered on the Platform are quoted in U.S. Dollars. Such prices do not include sales taxes where applicable. You are responsible for any state and local sales or use taxes that may apply to your order, which will be added to your total invoice price during the checkout process. If you dispute any charge, you must notify us in writing within 60 days of any such charge. Failure to so notify us will result in the waiver by you of any claim relating to such disputed charge.
The Site may contain materials provided by, or links to websites owned or operated by, third parties. We do not control or endorse such websites or third parties, and we are not responsible for third-party content or the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites or provided by third parties. Any views expressed by any third parties are the views of the applicable author and do not necessarily align with our views. We have no control over, and are not responsible for, your interactions with any third parties. Any transactions agreed upon between you and such third parties are agreements between you and the applicable third party, and we are not party to any such transactions or agreements unless otherwise expressly stated. You are solely responsible for your interactions with any third parties.
YOUR USE OF THE SITE AND CONTENT IS AT YOUR SOLE RISK AND THE SITE AND CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WE DO NOT GUARANTEE THE SITE OR CONTENT WILL BE COMPLETE, ACCURATE, CURRENT, OR AVAILABLE AT ANY GIVEN TIME. WE DISCLAIM ALL WARRANTIES OF ANY KIND RELATED TO THE SITE AND CONTENT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE TO ANY COMPUTER RESULTING FROM ACCESS TO THE SITE, OR FOR ANY ISSUES ARISING FROM THE CORRUPTION OR UNAVAILABILITY OF ANY NETWORK. UNDER NO CIRCUMSTANCES SHALL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE SITE, CONTENT, OR FROM THE CONDUCT OF ANY USERS OF THE SITE OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW CERTAIN DISCLAIMERS OR LIMITATIONS ON WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR DATA (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SITE, UNDER ANY LEGAL THEORY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE). TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, WE WILL NOT BE LIABLE TO YOU FOR AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF $50 USD OR THE AMOUNTS PAID BY YOU TO US IN THE PAST THREE MONTHS. SOME STATES DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY FOR DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
You will defend, indemnify, and hold us and our officers, directors, employees, and agents harmless from and against any damages, losses, claims, actions or demands, liabilities and settlements, including reasonable attorneys’ fees, resulting from your use of the Site or Content or your violation of these Terms.
We reserve the right to modify or discontinue the Site (or any part thereof) without notice. Your right to use the Site and Content will automatically terminate if you breach these Terms. Termination will not relieve either party from any obligations incurred or arising prior to such termination, and those sections of these Terms which are by their nature intended to survive termination (including, without limitation, the disclaimers, limitation of liability, indemnity, and general clauses) shall so survive.
If any provision of these Terms is determined to be void or unenforceable in whole or in part, the remaining provisions of these Terms shall not be affected thereby and shall remain in force and effect. These Terms are governed by and will be construed in accordance with the laws of the State of Texas, without regard to the conflicts of laws provisions thereof, and the parties agree to the exclusive jurisdiction of the state and federal courts in Dallas County, Texas in resolving any disputes arising in connection with these Terms or the Sites or Content. These Terms and any policies referenced herein constitute the entire agreement between the parties regarding the subject matter thereof and supersede any prior or contemporaneous agreements with regards to such subject matter. A party’s failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
If you have any questions or comments regarding these Terms, please contact us.