|
TERMS AND CONDITIONS OF USE OF COLISEO DE PUERTO RICO
JOSÉ MIGUEL AGRELOT WEBSITE
Following are the terms and
conditions of use of the Coliseo de Puerto Rico José Miguel Agrelot website at
www.coliseodepuertorico.com.
Introduction and Definitions
“www.coliseodepuertorico.com” is
the website of Coliseo de Puerto Rico (the “Coliseo”) through which consumers
may obtain information on the events being conducted at the Coliseo, as well as
the prices and show times of such events. Users will also be able to purchase
tickets at www.coliseodepuertorico.com, obtain basic information on the Coliseo,
access photo galleries and news, among other things.
“Ticketpop” is the ticket sales
processing service operated by Banco Popular de Puerto Rico, a banking
corporation with its principal place of business in Puerto Rico.
"User" means every person who
establishes a connection for access to and use of www.coliseodepuertorico.com
including the purchase of event tickets through Ticketpop.
“Agreement” refers to the terms
and conditions that apply to the use of www.coliseodepuertorico.com and
Ticketpop by User. By using www.coliseodepuertorico.com and Ticketpop, User
agrees to comply with all of the terms and conditions of this Agreement. The
privacy policy is incorporated by reference, as if fully set forth herein.
Changes in Terms and Conditions
The Coliseo reserves the right to
change or discontinue any aspect or feature of www.coliseodepuertorico.com,
including, but not limited to, content, hours of availability, and equipment
needed for access or use, at any time. The Coliseo reserves the right to change
or modify the terms and conditions applicable to User's use of
www.coliseodepuertorico.com, or any part thereof, and to impose new conditions,
including, but not limited to, additional or modified fees and charges for use
at any time. Such changes, modifications, additions or deletions shall be
effective immediately upon notice thereof, which may be given by means
including, but not limited to, posting on www.coliseodepuertorico.com, or by
electronic or conventional mail, or by any other means by which User obtains
notice of same. Any use of www.coliseodepuertorico.com by User subsequent to
such notice shall be deemed to constitute acceptance by User of such changes,
modifications or additions.
User Conduct
User shall participate and use
www.coliseodepuertorico.com for lawful purposes only. User shall not post or
transmit through www.coliseodepuertorico.com any material which:
(i) violates or infringes in any
way upon the rights of third parties;
(ii) is unlawful, threatening, abusive, defamatory, invasive of privacy or
publicity rights, vulgar, obscene, profane or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to
civil liability or otherwise violate any law; or
(iv) contains advertising or any solicitation with respect to products or
services, unless the Coliseo has expressly approved such material in advance of
its transmission in writing. Any conduct by a User that in the Coliseo's sole
opinion restricts or inhibits any other User from using or enjoying
www.coliseodepuertorico.com is expressly prohibited.
Disclaimers
Use Is At User’s Risk
USER EXPRESSLY AGREES THAT USE OF
WWW.COLISEODEPUERTORICO.COM, INCLUDING THE USE OF Ticketpop, IS AT USER’S OWN
RISK. USER SHALL BE RESPONSIBLE FOR PROTECTING THE CONFIDENTIALITY OF USER'S
PASSWORD(S), IF ANY. NEITHER THE COLISEO, THE OWNER OF THE COLISEO, THE MANAGER
OF THE COLISEO, OR ANY OF THEIR RESPECTIVE AFFILIATES, NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, SHAREHOLDERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR
LICENSORS, WARRANT THAT WWW.COLISEODEPUERTORICO.COM OR THE Ticketpop SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM USE OF WWW.COLISEODEPUERTORICO.COM, INCLUDING
THE PURCHASE OF TICKETS THROUGH Ticketpop, OR AS TO THE ACCURACY, RELIABILITY OR
CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH.
Disclaimer of Liability
THIS DISCLAIMER OF LIABILITY
APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR,
OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER
SPECIFICALLY ACKNOWLEDGES THAT THE COLISEO, OWNER OF THE COLISEO OR MANAGER OF
THE COLISEO ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF
OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING
RESTS ENTIRELY WITH USER.
Liability Limitation and
Indemnification
IN NO EVENT WILL THE COLISEO, THE
OWNER OF THE COLISEO, THE MANAGER OF THE COLISEO, Ticketpop OR ANY PERSON OR
ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING
WWW.COLISEODEPUERTORICO.COM IS LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, AND CONSEQUENTIAL OR PUNITIVE
DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE
WWW.COLISEODEPUERTORICO.COM OR Ticketpop. USER HEREBY UNDERSTANDS AND ACCEPTS
THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON
WWW.COLISEODEPUERTORICO.COM.
IN ADDITION TO THE TERMS SET FORTH ABOVE, NEITHER, THE COLISEO, THE OWNER OF THE
COLISEO, THE MANAGER OF THE COLISEO NOR ANY OF THEIR RESPECTIVE AFFILIATES,
INFORMATION PROVIDERS OR CONTENT PARTNERS OR Ticketpop SHALL BE LIABLE
REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES (INCLUDING
TICKET PRICES AND AVAILABILITY), OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS
OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN
WWW.COLISEODEPUERTORICO.COM, OR FOR ANY DELAY OR INTERRUPTION IN THE
TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM
OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY
THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST
PROFITS, MORAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. DAMAGES, IF ANY, SHALL BE
LIMITED TO THE PURCHASE PRICE AND CORRESPONDING SERVICE CHARGES OF ANY
TICKETPURCHASED THROUGH WWW.COLISEODEPUERTORICO.COM BY MEANS OF Ticketpop.
User agrees to defend, indemnify
and hold harmless the Coliseo, the Owner of the Coliseo, the Manager of the
Coliseo, Ticketpop, their affiliates and their respective directors, officers,
shareholders, employees, agents, and assigns from and against all claims and
expenses, including attorneys’ fees, arising out of User’s use of
www.coliseodepuertorico.com,
including Ticketpop.
Equipment for User's Use
User shall be exclusively
responsible for obtaining and maintaining all telephones, computer hardware, and
other equipment needed for access to and use of www.coliseodepuertorico.com and
for any/all charges related thereto.
Copyrights and Trademarks
Downloading of Intellectual
Property. www.coliseodepuertorico.com
contains copyrighted material, trademarks and other proprietary information,
including, but not limited to, text, software, photos, video, graphics, music,
and sound, some of which are owned by the Coliseo and some of which is owned by
third parties. In addition, the entire content of
www.coliseodepuertorico.com is
copyrighted as a collective work/compilation. The Coliseo owns copyright in the
selection, coordination, arrangement, and enhancement of such content, as well
as in the original content itself. User is prohibited from modifying,
publishing, transmitting, participating in the transfer or sale, creating
derivative works, or in any way exploiting, any of the content, whether in whole
or in part. User may download copyrighted material for User’s personal use only.
Except as otherwise expressly permitted under copyright law, no copying,
redistribution, retransmission, publication or commercial exploitation of
downloaded material will be permitted without the express written permission of
the Coliseo (and the copyright owner if other than the Coliseo). In the event of
any permitted copying, redistribution or publication of copyrighted material, no
changes in or deletion of author attribution, trademark legend or copyright
notice shall be made. User understands and accepts that it does not acquire any
ownership rights by downloading copyrighted material.
Uploading of Intellectual Property. User shall not upload post or
otherwise make available on www.coliseodepuertorico.com any material protected
by copyright, trademark, or other proprietary right, without the express written
permission of the owner of the copyright, trademark, or other proprietary right.
User is exclusively responsible for determining that any material is not
protected by copyright. User shall be solely liable for any damage resulting
from any infringement of copyrights, proprietary rights, or any other harm
resulting from such a submission and expressly holds the Coliseo, Owner of the
Coliseo and Manager of the Coliseo harmless for any such damages. By submitting
material to any public area of www.coliseodepuertorico.com, User automatically
grants, or warrants that the owner of such material has expressly granted the
Coliseo, Owner of the Coliseo and Manager of the Coliseo the royalty-free,
perpetual, irrevocable, non-exclusive right and license to use, reproduce,
modify, adapt, publish, translate and distribute such material (in whole or in
part) worldwide and/or to incorporate it in other works in any form, media or
technology now known or hereafter developed for the full term of any copyright
that may exist in such material. User also permits any other User to access,
view, and store or reproduces the material for that User’s personal use. User
hereby grants the Coliseo, Owner of the Coliseo and Manager of the Coliseo the
right to edit, copy, publish and distribute any material made available on
www.coliseodepuertorico.com by User.
In addition to the copyright
restrictions set forth above, www.coliseodepuertorico.com and Ticketpop, and
other stylized versions are trademarks of the Owner of the Coliseo and Manager
of the Coliseo and Banco Popular respectively. All rights reserved. All other
trademarks appearing on www.coliseodepuertorico.com are the property of their
respective owners.
WWW.COLISEODEPUERTORICO.COM Content
A portion of
www.coliseodepuertorico.com’s content is supplied by third parties. Any
opinions, advice, statements, services, offers, or other information or content
expressed or made available by third parties, including information providers,
are those of the respective author(s) or distributor(s) and not of the Coliseo,
Owner of the Coliseo and Manager of the Coliseo. Neither the Coliseo, the Owner
of the Coliseo, the Manager of the Coliseo, TicketPop nor any third-party
provider of information guarantees the accuracy, completeness, or usefulness of
any content, nor its merchantability or fitness for any particular purpose. The
Coliseo neither endorses nor is responsible for the accuracy or reliability of
any opinion, advice or statement made on www.coliseodepuertorico.com by anyone
other than employee spokespersons of the Coliseo while acting in their official
capacities.
Entire Agreement
This Agreement, and any operating
rules for www.coliseodepuertorico.com established by the Coliseo, constitutes
the entire agreement of the parties with respect to the subject matter hereof,
and supersedes all previous written or oral agreements between the parties with
respect to the use of www.coliseodepuertorico.com.
Controlling Law
This Agreement shall be construed
in accordance with the laws to the Commonwealth of Puerto Rico, without regard
to its conflict of laws rules. Any cause of action of any nature arising out
this Agreement shall be brought in the Commonwealth of Puerto Rico.
Headings
The section headings used herein
are for convenience only and shall not be given any legal import whatsoever.
|