TICKET PURCHASE POLICIES
TICKET PURCHASE POLICIES OF FOODSTORY
These Ticket Purchase Policies (“Policies”) constitute as the ticket purchase agreement between Foodstory, also known as Communicare AirHeart, Inc., (“Company”, “We”, “Our” or “Us”) and purchaser or attendee (“You”), whether you purchase the ticket directly from our ifoodstory.com website (“Site”) or through a third party site.
Company is in the business of organizing social events (“Events” or “Services”).
By purchasing an event ticket from Company, you agree to be bound by these Policies and, if you access the Site, the Site’s Terms of Use, which are incorporated herein by reference. Please print a copy of these Policies for your reference upon your purchase.
You agree to be bound by the following terms and conditions:
1. AGE LIMITATION. You must be at least 21 years old to purchase any event ticket. Children must be accompanied by their parent or legal guardian.
2. EVENT DESCRIPTION AND TICKET PRICE. Information of event and ticket is provided on the Site or designated third party sites.
3. DIGITAL SIGNATURE. By purchasing tickets through this Site or the third party sites, you are deemed to have provided your digital signature on a contract.
4. FINAL SALES. All ticket sales are FINAL. Please make sure that you have read the event description, price and number of tickets before you confirm your purchase.
5. CANCELLATION OR POSTPONEMENT OF EVENTS. Company reserves the right to cancel or postpone any event. When this occurs, Company will either contact you to issue your refund via your form of payment or provide you with an option to issue you credit towards other event of your choice.
6. TRANSFER OF TICKET. If you are unable to attend your purchased event for any reason, you may transfer your ticket provided that you contact Company at least three (3) days before the event to submit the name and contact information of your replacement. Upon such request, Company will forward you a copy of these Policies to be signed and acknowledged by the replacement attendee. You agree that the transfer of ticket will not be deemed complete until Company received a copy of acknowledgement signed by the replacement attendee understanding the Policies.
7. RECEIPT FOR CONFIRMED PAYMENT AND IDENTIFICATION. Once your payment is made successfully, you will receive receipt for your confirmed payment, which will also serve as the ticket for the event. You must bring a valid ID to the event.
8. CONSENT OF USE OF PHOTOGRAPH OR LIKENESS.
a. You expressly authorize Company, its officers, directors, employees, agents, successors and assigns to use photographs of you taken at an event or other likeness of you from said photographs (“Photographs”) for purposes relating to advertisement and marketing of Company’s events or programs,
b. You agree that Photographs may be used, published, copied or distributed, in whole or in part, by means of various media and Company may alter or retouch said Photographs in Company’s sole discretion,
c. You acknowledge that you will not receive any compensation from the Company for the use of the Photographs,
d. You hereby release, waive, discharge, and covenant not to sue Company, its officers, directors, employees, agents, successors and assigns based on the use of the Photographs for purposes stated herein and further relinquish all right, title and interest in and to Photographs and their prints and reproduction,
e. You may request Company to stop any further use of Photographs only if such request will not cause Company additional monetary burden to replace Photographs. All such request shall be in writing sent to the following address:
Foodstory
810 S. Spring street. #1204
Los Angeles, CA 90014
info@ifoodstory.com
9. PERSONAL INFORMATION COLLECTED.
In order for you to purchase our service or product, we may require you to provide us with certain information that personally identifies you (“Personal Information”). Personal Information includes the following categories of information: (1) Contact Data (such as your name, mailing address, and e-mail address); and (2) Financial Data (such as your account or credit card number). We may use Contact Data to send you information about our company or our products or services, or to contact you when necessary. We may use your Financial Data to verify your qualifications for certain products or services and to bill you for products and services if we ask you to provide said Financial Data directly to us.
10. NO WARRANTIES.
COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS PROVIDING EVENTS OR SERVICES “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM ATTENDING, OR INABILITY TO ATTEND, THE EVENTS PROVIDED BY THE COMPANY OR THE USE OF THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE EVENTS OR SERVICES, AND THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE EVENTS OR SERVCIES, OR THE SITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE, EVENTS OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.
11. LIMITED LIABILITY.
COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE EVENTS, SERVICES OR THE SITE PROVIDED TO YOU BY COMPANY. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
12. INDEMNITY.
You agree to indemnify Company for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from Events or Services provided by Company, your access to or use of the Site, your violation of these Policies and/or Terms of Use. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
13. GOVERNING LAW.
These Policies shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, USA in all disputes arising out of or related to the use of Service.
14. SEVERABILITY; WAIVER.
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
15. MODIFICATIONS.
Company may, in its sole discretion and without prior notice, (a) revise these Policies; (b) modify the Site and/or the Events or Services; and (c) discontinue the Site and/or Events or Services at any time. Company shall post any revision to these Policies to the Site, and the revision shall be effective immediately on such posting. You agree to review these Policies, Terms of Use and other online policies posted on the Site periodically to be aware of any revisions.
These Event Ticket Purchase Policies have been updated on August 8, 2011.