Effective: April 1, 2016
THANK YOU FOR VISITING WHITE OAK MUSIC HALL. This website, mobile application or service is owned and operated by White Oak Entertainment, LLC (“WOENT”). The following are the terms and conditions of use (“Terms“) that govern the use of the website located at www.whiteoakmusichall.com and any other websites where these Terms are posted (including any mobile versions and subdomains, the “Site”) as well as the White Oak Music Hall mobile application (the “Mobile App”). We may refer to the Mobile App and Site collectively as our “Services.”
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICE OR MAKING ANY PURCHASE ON OR THROUGH THE SERVICES. Certain areas of the Services (involving, for example, ticket purchases) may contain or require additional terms and conditions, such as those set forth in our Ticketing Terms of Service.
By using the Services, you represent that you are at least 18 years of age or, if under the age of 18, you have the consent of your parent or legal guardian to use the Services. If you do not meet these requirements or do not agree to these Terms, please do not use the Services. We reserve the right, at our discretion, to alter or remove contents or features on the Services, as well as change, modify, add, or remove portions of these Terms at any time. This may include initiating or changing fees or charges for use of the Services or portions thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting a revised version of these Terms on the Services. Please check these Terms periodically for changes. Your continued use of the Services following the posting of changes to these Terms will mean you accept those changes. You can tell the most recent version of the Terms by looking at the effective date.
We are the owner or licensee of all the content contained on the Services (which includes, without limitation, all graphics, text, images, photographs, videos, illustrations, and the design, selection and arrangement thereof). The Services are protected by copyright and/or trademark and/or other proprietary intellectual property rights, which are owned or licensed by us, and are protected under United States and international intellectual property laws. By using the Services, you acknowledge that you do not acquire any ownership rights to the Services or any contents.
Limited License; Restrictions
We provide the Services to you for the purposes of providing you with information about us, as well as the events, venues and other products and services offered or described on the Services. You are granted a limited license to download the materials contained on the Services to a single personal computer, and to print a hard copy of the materials contained on the Services, solely for your personal, non-commercial use, and provided all copyright, trademark and other proprietary notices are left intact. You are not permitted to use, reproduce, modify, display, publicly perform, distribute, or create derivative works in any other media, by any means and for any purpose without our prior written permission. In all cases, the Site or Mobile App must be acknowledged as the source of the material. The grant of this limited license is conditional upon your agreement to and full compliance with these Terms. Any other use of any of the materials on the Services including use on any other website, reproduction (for any purposes other than those noted above), modification, distribution, or republication, without our prior written permission is strictly prohibited, and is a violation of our proprietary rights and/or the rights or our licensors. If you download any software from the Services, the software, including any images or files incorporated in or generated by the software, and data accompanying the software (collectively, the “Software") are subject to the limited license set out above. We and/or our suppliers (as the case may be) retain all right, title, interest and intellectual property rights in and to the Software. You may not distribute, sell, or transmit the Software and you are not permitted to alter, modify or adapt the Software, including but not limited to translating, decompiling, reverse engineering, disassembling, or creating derivative works of it.
The trademarks, logos, and service marks displayed on the Services (collectively the “Trademarks“) are the registered and unregistered trademarks owned by us or by our licensors, service providers and or others that have granted us permission to use such Trademarks. You may not use the Trademarks in connection with any product or service that is not offered by us, and users are not granted any license or right to use the Trademarks for commercial or any unauthorized purposes.
While using the Services, you agree to comply with all applicable laws, rules and regulations.
To use certain features of the Services, you may need a username and password, which you will receive through the registration process. You must provide us with accurate, complete, and updated registration information. You are responsible for maintaining the confidentiality of the password and account, so please do not give out your password to anyone. You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us in writing immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. We may refuse registration or cancel an account or deny access to the Services in our sole discretion.
We reserve the right to remove or edit content from the Services at any time and for any reason.
Please review the Ticketing Terms of Service that will govern your order or purchase of any tickets through the Services and the use of such tickets. You must supply credit card and other personal information to complete your purchase.
Holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency). Event date and time are subject to change.
In purchasing tickets, you may be linked to a third-party site that is not affiliated with our Services. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third-party sites.
THE SERVICES AND THEIR CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION, AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE, COMPLETE OR CURRENT, OR THAT THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING, BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE SERVICES ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SERVICES.
While we try to provide accurate information on the Services, the data and other information contained on the Services are subject to frequent changes. We also receive information from a variety of sources that we do not control and for which cannot be responsible. As a result, we explicitly disclaim any responsibility for the accuracy, content, or availability of information found on the Services or other websites that link to or from the Services. Please let us know if you discover any inaccuracy in the Services content. As noted above, we are not responsible for the conduct of the operators of third-party sites, and we cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Services or third-party content on the Services. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of, any of the information contained in such third-party sites or content. We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you hereby irrevocably waive any claim against us with respect to such sites and third-party content. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER WOENT NOR ANY OF ITS PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS OR OTHER REPRESENTATIVES (“RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES, ANY LINKED WEBSITES OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE). WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WOENT SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (I) ANY FAILURE OF A USER TO CONFORM TO THESE TERMS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (V) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, OR THE LINKED WEBSITES, AS APPLICABLE. OUR MAXIMUM LIABILITY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SERVICES. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. You acknowledge that you may have or may in the future have claims against us which you do not know or suspect to exist in your favor when you agreed to these Terms and which if known, might materially affect your consent to these Terms.
You agree to defend, indemnify and hold harmless the Releasees from and against all liabilities, claims, damages, costs and expenses, including attorneys’ fees arising out of: your use of the Services; any material you post, upload, e-mail or otherwise transmit to or using the Services; or your violation, breach or alleged violation or breach of these Terms.
The Services contain links to other Internet websites. We provide such links for your convenience only, and we are not responsible for the content in any website linked to or from the Services. We disclaim all warranties, express or implied as to the accuracy, legality, reliability or validity of any content on any other such websites, and that such websites will be free of viruses or other harmful elements. You may establish a hypertext link to the Services so long as the link does not state or imply any sponsorship of your website by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Services, or incorporate into another website or other service any of our material, content or intellectual property.
Permitted Use of Mobile Application
Our Mobile App is protected by copyright and may not be sold, redistributed, copied, made available to the public, or part of a derivative work created by you without the express written consent of WOENT. You may not attempt to decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or in any way compromise the security of data stored or transmitted by our Mobile App.
Mobile Devices & Third-Party Restrictions
If you access our Services on mobile devices or in our Mobile App, you understand that your mobile carrier’s standard charges will apply. When you download our Mobile App, you will also be subject to any terms imposed by the “store” through which you obtain the Mobile App, if any (e.g. the Apple App Store, Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other app “store” must be installed on a device you control or own, and must be used in accordance with any applicable terms from the Apple App Store or other store. The following terms are required by Apple and are applicable if you install our Mobile App from the Apple App Store:
WOENT is responsible for:
- The content in the Mobile App;
- Maintenance or support of the Mobile App;
- Any product warranties, whether express or implied;
- Addressing any claims of the end-user or any third party relating to the Mobile App or the end-user’s possession and/or use of that Licensed Application, including, but not limited to: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and,
- The investigation, defense, settlement and discharge of any third party claim that the Mobile App or your possession and use of that Mobile App infringes a third party’s intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the State of Texas and the United States, without giving effect to any principles of conflicts of law. With the exception of any matters subject to arbitration as described above, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in Harris County, Texas, USA and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Amending the Terms and Conditions of Use
We may add to, change or remove any part of these Terms at any time, without notice. Any changes to these Terms or any Terms shown on the Services apply as soon as they are shown. By continuing to use the Services after any changes are posted, you are indicating your acceptance of those changes. It is therefore your responsibility to check these Terms each time you use the Services, so that you can take note of any amendments we may make. We may add, change, discontinue, remove or suspend any other content displayed on the Services, including features and specifications of products and services described or depicted on the Services, temporarily or permanently, at any time, without notice and without liability.
Any waiver of any provision of these Terms must be in writing, and must be signed by the party waiving its rights in order to be valid. A waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of the same provision in the future. If any court of competent jurisdiction finds any provision of these Terms to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding without affecting the validity and enforceability of any remaining provisions. These Terms represent the entire understanding and agreement between the parties relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written, and shall not be modified except in writing, signed by you and us.
White Oak Entertainment, LLC
PO Box 34886
Houston, TX 77234.
© 2016 White Oak Entertainment, LLC.