No Guarantees (“No Guarantees”, “we”, or “us”) welcomes you. We are excited that you have decided to use and access our mobile application for No Guarantees White Label App(the “App”).
EXCEPT IF YOU ARE A RESIDENT OF THE EU, ANY DISPUTE BETWEEN YOU AND US MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THE ARBITRATION PROVISION IN THESE TERMS AS IT AFFECTS YOUR RIGHTS UNDER THIS CONTRACT. IF YOU ARE A RESIDENT OF EU, PLEASE SEE BELOW FOR YOUR RIGHTS IN THE EVENT OF DISPUTE.
Use of the App
You must be at least 13 years old to use the App. We may also offer additional services that require you to be even older to use them. The App is for your personal, noncommercial use and is intended for informational and entertainment purposes only.
Reselling use of, or access to, the App or any content contained therein to any third party.
Using spiders, robots, data mining techniques or other automated devices or programs to catalog, download or otherwise reproduce, store or distribute content available on the App.
Circumventing or disabling any content protection system or digital rights management technology used by the App.
Decompiling, reverse engineering, disassembling or otherwise reducing the App to a human-readable form.
Accessing or using the App in an unlawful or unauthorized manner or in a manner that suggests an association with No Guarantees.
Removing copyright, trademark or other proprietary notices from content made available on or accessed through the App.
Interfering with the proper working of the App.
Knowingly or recklessly introducing a virus or other harmful component, or otherwise tampering with, impairing or damaging the App or a connected network, or interfering with any person or entity’s use or enjoyment of the App.
You accept full responsibility for any and all activities that occur under your account. You agree to promptly notify us of any unauthorized use of your username, password or other account information, or of any other breach of security that you become aware of involving your account or the App.
Our Proprietary Rights
If the App is configured to enable the use of software, content, virtual items or other materials owned or licensed by us, we grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use such software, content, virtual item or other material for your personal, noncommercial use only.
Accuracy of Service Information
To the fullest extent permitted by applicable law, we are not responsible if information on the App is not accurate, complete or correct. The material on the App should not be relied upon or used as the basis for making significant decisions without consulting primary or more accurate, complete or timely sources of information. Any reliance on the material on the App is at your own risk. The App may contain historical information, which historical information necessarily is not current and is provided for your reference only. The App may also contain information provided by third parties, and the opinions and views of third parties. Unless required by applicable law, we are under no obligation to verify any information provided by third parties, and the opinions and views expressed by third parties are not those of No Guarantees and are not endorsed by No Guarantees . To the fullest extent permitted by applicable law, we reserve the right to modify the contents of the App at any time, but we have no obligation to update any information on the App. You agree that it is your responsibility to monitor changes to the App.
Third-Party Services and Content
When you access the App through a mobile network, your network or roaming provider’s messaging, data and other rates and fees will apply. Downloading, installing or using the App may be prohibited or restricted by your network provider and not all services on the App may work with your network provider or device. Contact your carrier with questions regarding these issues.
The App may send you “push notifications” if your device supports such communications. By downloading the App and clicking to allow push notifications, you “opt-in” to receive these push notifications via the App, including notifications that contain commercial messages from No Guarantees . Should you wish to stop receiving push notifications via the App, you may turn off these notifications through the applicable settings on your device.
All physical merchandise offered for sale on the App (if any) is sold by The Araca Group, a third party that is not owned or controlled by No Guarantees . Please visit this page for the terms and conditions that apply to sales of physical merchandise on the App.
We may make applications, software or other digital content available on the App for you to license for free (“Free Content”) or for a one-time fee (“Paid For Content”). You may only license, access and use such content or functionality for a limited period as specified by us in accordance with the App. You may not assign your right to use the digital content to any third party. To the fullest extent permissible by law, we may modify or discontinue digital content at any time.
When purchasing Paid For Content, charges will be disclosed to you on the App before you complete the license purchase and you will be given an opportunity to consent to delivery at the time of purchase. By consenting to delivery, you acknowledge and agree that you have lost the right to cancel your purchase and the license purchase fee is non-refundable.
We reserve the right to refuse or cancel any order for Free Content or Paid For Content prior to delivery. Some situations that may result in your order being canceled include system or typographical errors, inaccuracies in product or pricing information, or problems identified by our credit or fraud departments. We also may require additional verification or information before accepting an order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order. If your order for Paid For Content is canceled after we have processed your payment but prior to delivery, we will refund your payment.
When you provide payment information in order to purchase Paid For Content, you represent and warrant that the information is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party credit card updating services to obtain current expiration dates on credit cards.
The App contains a link to purchase tickets for shows. If you select “Purchase Tickets,” you will be redirected to the production website, which contains further links to purchase tickets through ticketing websites. Separate terms and conditions apply to such ticketing websites.
We may revise the pricing for all products and services offered on the App.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE APP, INCLUDING WITHOUT LIMITATION ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH THE APP, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. FURTHER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, MERCHANTABILITY, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH WE SHALL USE REASONABLE CARE AND SKILL TO PROVIDE THE APP TO YOU, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APP OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE COMPLETELY SECURE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, UNDER ANY THEORY OF TORT, CONTRACT, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES, LOST PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, OR PERSONAL INJURY/WRONGFUL DEATH) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE APP; (B) ANY CONTENT OR THIRD PARTY SERVICE THAT IS INTEGRATED INTO THE APP OR MADE AVAILABLE ON THE APP; OR (C) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE APP. SOME EU JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OR LIMITATIONS OF SUCH DAMAGES AND LOSSES AS SET OUT ABOVE, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU IF YOU ARE RESIDENT IN THAT EU JURISDICTION.
If we are found to be liable to you in any manner, then TO THE FULLEST EXTENT PERMITTED BY LAW our aggregate liability for all claims under such circumstances for liabilities, shall not exceed one hundred dollars ($100.00). SOME EU JURISDICTIONS DO NOT ALLOW US TO LIMIT OUT LIABILITY IN THIS WAY, SO THIS LIMITATION MAY NOT APPLY TO YOU IF YOU ARE RESIDENT IN THAT EU JURISDICTION.
Submissions and Unsolicited Ideas Policies
No Guarantees does not accept any unsolicited ideas from users. Therefore, you must not submit any such unsolicited materials. If, notwithstanding this policy, you submit an unsolicited idea or content to us, you understand and acknowledge that such idea or content is not submitted in confidence and we assume no obligation, expressed or implied, by considering or using it. You agree to waive any claim against No Guarantees or its assignees regarding misappropriation of your ideas or content submitted in violation of this paragraph.
Third Party Beneficiary
Binding Arbitration and Class Action Waiver
You and No Guarantees agree to arbitrate all disputes between you and No Guarantees or its affiliates, except disputes relating to the enforcement of No Guarantees or its affiliates’ intellectual property rights. Under such circumstances, we may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the App, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described below.
In the event of a dispute, you or No Guarantees must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested. You must send any notice of dispute to No Guarantees of 1501 Broadway, #1501, New York, NY 10036, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and No Guarantees will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration. You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.
If you and No Guarantees do not resolve a dispute by informal negotiation or in small claims court, the dispute shall be settled by binding arbitration in New York City before a neutral single arbitrator with at least ten (10) years of experience in matters involving the live stage theatrical industry, such arbitrator appointed in accordance with and pursuant to the rules then obtaining of the American Arbitration Association, and whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act.
Payment of all filing, administration and arbitrator fees will be governed by the Arbitrator Rules. Each party will bear their own costs of arbitration unless the arbitrator directs that bearing such costs would be an undue burden and in that case, we will pay for your portion of the arbitration administrative costs (but not your attorneys’ fees). Arbitration under this contract shall be held in the United States in the borough of Manhattan, New York, New York, United States of America without regard to its conflict of laws provisions. If traveling to Manhattan, New York, New York, United States of America, United States of America, is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the Arbitrator. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration, except as otherwise expressly set forth herein. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND No Guarantees WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS CONTRACT TO ARBITRATE.
THE ABOVE PROVISIONS DO NOT APPLY IF YOU ARE A RESIDENT IN THE EU.
Choice of Forum
If you are a resident in the EU, you shall be free to bring proceedings in your own country of residence.
Choice of Law
These terms are governed by and construed in accordance with the laws of the State of New York and the laws of the United States.
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.
The provisions of these terms which by their nature should survive the termination of these terms shall survive such termination.
No waiver of any provision of these terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms shall not constitute a waiver of such right or provision.
Should you have any questions you may contact us at firstname.lastname@example.org.