AGREEMENT

  1. These terms of use constitute an Agreement between you and Lesley Townsend, LLC, d/b/a Manhattan Cocktail Classic (the “Company"). This Agreement governs your use of this web site (the “Site"), including, but not limited to, the purchase of tickets to events held or managed by the Company, and attendance at those events.
  2. Ticketing Policies. If you are purchasing tickets on this Site, you represent that you are at least 21 years of age. You and your invitees and guests agree to these policies when you purchase tickets on the Site. You represent that you are an invited guest of the Company for any event held or managed by the Company for which you purchase a ticket. To the extent you are purchasing tickets to events mentioned or described on this site, but from another party, including, without limitation, a reseller of tickets (a “Third Party Seller"), then the rights of a purchaser mentioned herein may not be applicable to you or your tickets. To the extent you have any inquiries or complaints, in such an event, please contact the Third Party Seller directly.

    ALL SALES ARE FINAL. Refunds on tickets purchased directly from the Company may be made, at The Company’s discretion, for a cancelled or postponed event only. In all instances when a ticket is refunded, only the cost of the ticket is refunded. The convenience fee per ticket is always nonrefundable. No request for cancellations, exchanges or refunds will be accepted. Presenters, events and programs are subject to change. Tickets bought from a Third Party Seller are not the responsibility of the Company and must be addressed solely with the Third Party Seller.

    If you opt for the free print-at-home/PDF-to-Phone ticketing option, print your tickets prior to the event, or to display the PDF on your smartphone for scanned entry. You will also be required to presented a valid photo ID verifying you are over the age of 21 (twenty one).

    If you opt for the $5.50 mailed ticketing option for an additional delivery fee, you should receive your tickets within 7 to 10 business days. If you do not receive your tickets, please email tickets@manhattancocktailclassic.com and reference your order number in the subject of your email.

    The Company has the right to deny entry should any ticket purchaser or attendee not be able to present a valid photo ID verifying you are over the age of 21 (twenty one) or for any other reason, in its sole discretion.

    In addition to photo identification, a valid ticket must be brought for each individual event. The Company will not be held responsible for counterfeit tickets, errors or omissions of Third Party Sellers, duplicate tickets which have already been scanned and/or print-at-home tickets that cannot be scanned due to faulty printing. The Company will make reasonable efforts to troubleshoot scanning issues; however, the Company retains the right to deny entry should these issues not be the fault of the Company.

    In the case that an event is either cancelled or postponed, The Company will make reasonable efforts to contact every patron who has directly purchased tickets from the Company via e-mail, time permitting.

    While the Company regrets any inconvenience, The Company cannot be held responsible for any cost or damage such postponement or cancellation may incur. Similarly, the conduct of events for tickets purchased is the sole responsibility of the events' organizers and venue operators, The Company cannot be held responsible or liable for injuries, loss or damages incurred by patrons while attending these events. Further, the Company shall not be responsible for nor does the Company make any representations or warranties on behalf of any Third Party Sellers. Any issues or complaints you may have with any Third Party Seller should be addressed directly to that party.

    You and your guests consent to the Company’s (and its licensees) use of your image, likeness, actions and statements in connection with any live or recorded audio or video or photograph or other transmission or publication of any of the events to which you are purchasing tickets. Your attendance at events shall be deemed your consent to appear in such recordings without compensation of any kind.

    The Company reserves the right to remove or exclude from events, anyone, in its sole discretion, it deems necessary. This includes, but is not limited to, anyone who disrupts an event or anyone who fails to abide by The Company’s rules and practices. Attendees are expected to act in a responsible manner at all events, including without limitation, in the drinking of alcohol and participation in events including, without limitation, those organized by Third Party Sellers.
  3. THE COMPANY OFFERS THE SITE TO YOU AND YOUR ATTENDANCE AT ANY OF THE COMPANY’S EVENTS CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR (I) USE OF THE SITE OR (II) ATTENDANCE AT ANY EVENT INCLUDING, WITHOUT LIMITATION, AFTER PURCHASING TICKETS FROM A THIRD PARTY SELLER, CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY AND AN EXCLUSIVE REMEDY . THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE AND YOUR ATTENDANCE AT ANY EVENT.
  4. In connection with your use of the Site, you agree that you will not:
    (a) use the Site in any way that is unlawful;
    (b) transmit any content or information that is unlawful, threatening, abusive, libelous, defamatory, obscene, fraudulent or otherwise objectionable, or infringes the Company’s or any third party's intellectual property or other right;
    (c) engage in spamming or transmit any software or other materials that contain any viruses, worms, Trojan horses, defects, time bombs or other items of a destructive nature;
    (d) use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents without our prior written consent. Notwithstanding the foregoing, The Company grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. The Company reserves the right to revoke these exceptions either generally or in specific cases;
    (e) modify, adapt, sublicense, reverse engineer, decompile or disassemble any portion of the Site or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site;
    (f) collect information about Site visitors without their express consent;
    (g) take any action that in The Company’s sole discretion imposes an unreasonable or disproportionately large load on The Company’s (or its Third Party Sellers’ ’) infrastructure; or
    (h) access, reload or "refresh" transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three-second interval.
  5. The Company reserves the right to modify the terms, conditions and notices under which it offers the Site without notice. Your continued use of the Site after any such changes constitutes your agreement to such changes. The Company further reserves the right to change prices and other information on the Site at any time without notice. The posting of prices and other terms of sale shall not constitute a binding offer to sell products or services on such terms.
  6. Ownership of Site Content. All content, including without limitation, graphics, logos, text, images and other features, appearing on the Site, are the copyrights, servicemarks, trademarks and other intellectual property owned, controlled or licensed by the Company or third parties. This content is protected by copyright separately and as a collective work or compilation under U.S. and international copyright law and is the property of the Company, its licensors, or the party credited as the provider of the content or other third-party owners of the content, as the case may be.
  7. Use of Site Content. As the user of this Site you may not copy, distribute, transmit, reproduce, publish, create derivative works or in any way use any of the content on the this Site without the prior written permission of Lesley Townsend, the Company’s authorized representative. This prohibition includes, without limitation, the publication of any part of this content on any other web site, selling or offering it for sale, or using it to create any kind of database. Any requests for permission to use content on this Site should be directed to Legal (legal@manhattancocktailclassic.com).
  8. Disclaimer. THIS SITE IS PROVIDED BY THE COMPANY ON AN “AS IS" BASIS. THE COMPANY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE OR WITH RESPECT TO THE ACTS OR OMISSIONS OF ANY AND ALL THIRD PARTY SELLERS OR THE WEB SITE(S) OF ANY SUCH PARTY . THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; WARRANTIES OR CONDITIONS OF WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT; WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE; AND WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. THE COMPANY SHALL NOT BE RESPONSIBLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATION, THOSE OF THIRD PARTY SELLERS.
  9. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR THE SITES OF THIRD PARTY SELLERS, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY OR AN AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT PERMIT THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF THE EXCLUSIVE REMEDY DESCRIBED BELOW AND SHALL SURVIVE IN THE EVENT THAT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE.
  10. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY, IF ANY, TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER OR NOT IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS OR ANY OTHER COMPANY SITE OR THIRD PARTY SELLER SITE.
  11. Waiver and Release. YOU ARE RESPONSIBLE FOR YOUR OWN CONDITION AND CONDUCT. Please remember to DRINK RESPONSIBLY! Do not Drink and Drive. We highly recommend You to designate a driver or take public transportation to and from our Events, and act responsibly in your conduct within, and in the neighborhoods surrounding, our Events. This is all the more so recommended when travelling from one Event to another. WE ARE NOT RESPONSIBLE FOR YOUR BEHAVIOR OR THAT OF OTHERS, however. The right to refuse service or alcohol to anyone is strictly reserved. Those who are obviously intoxicated or appear to be so will not be admitted and have their access to alcoholic beverages denied. All alcohol consumption shall require a picture ID as proof of age. You must be at least 21-years-old to consume alcohol. All alcohol distribution will be discontinued at the discretion of the distributor, and may be discontinued at the discretion of the Company or Third Party Sellers. You hereby waive and release, indemnify, hold harmless and forever discharge the Company and its affiliated companies, joint ventures, business partners, licensors, employees, agents, owners, directors, employees, agents and any other third parties (collectively, the “Released Persons") of and from any and all claims, demands, debts, contracts, expenses, causes of action, lawsuits, damages and liabilities (“Claims"), of every kind and nature, whether known or unknown, absolute or contingent, in law or equity, that I ever had or may have, arising from or in any way related to Your participation in any of the events or activities conducted by, on the premises of, or for the benefit of the Comapny, including, without limitation, the Great Cocktailian Challenge. You shall indemnify the Released Persons for any Claims of third parties resulting from your negligent, fraudulent, intentional, or willful acts or omissions. You understand that the activities in which You will participate including, without limitation, those sponsored by Third Party Sellers, may include actions or tasks which may be hazardous or inherently dangerous to You or Your fellow participants and may cause serious or grievous injuries, including bodily injury, damage to personal property and/or death. You acknowledge these risks and choose of Your own accord to participate in such activities. On Your behalf and behalf of Your heirs, assigns, administrators, executors and next of kin, You waive all claims for damages, injuries and death sustained to You or Your property, that You may have against the aforementioned Released Persons to such activity, including claims in tort, contract, equity or otherwise. You acknowledge, agree, and represent that (i) You are at least twenty on (21) years of age, (ii)You understand the nature of these activities and (iii) You are qualified, in good health, and in proper physical condition to participate in such activities. You further agree and warrant that if at any time You believe conditions to be unsafe, You will immediately discontinue further participation in the activity. You assume any risk, and take full responsibility and waive any claims of personal injury; death or damage to personal property associated with these activities and You release the Released Persons from all Claims, liability, costs and damages (including, without limitation, special, consequential, or otherwise) which might arise from participation in any event or activity. This agreement contains the entire agreement between the parties, and supercedes any prior written or oral agreements between them concerning the subject matter of this agreement. The provisions of this agreement may be waived, altered, amended or repealed, in whole or in part, only upon the prior written consent of all parties. The provision of this agreement will continue in full force and effect even after the termination of the activities conducted by, or for the benefit of the Released Persons whether by agreement, by operation of law, or otherwise. You have read, had the opportunity to consult with counsel, understand and fully agree to the terms of this agreement. You understand and confirm that by participating in activities or using this Site You have given up considerable future legal rights. You have entered into this Agreement freely, voluntarily, under no duress or threat of duress, without inducement, promise or guarantee being communicated to You and for good and valuable consdieration, the receipt and sufficiency of which is hereby acknoeldeged. Your use of the Site or attendance at any Event is proof of Your intention to execute a complete and unconditional WAIVER AND RELEASE of all liability to the full extent of the law. You hereby affirm that You are 21 years of age or older and mentally competent to enter into this waiver.
  12. Third Party Links and Third Party Sellers. This Site contains links to additional resources and Third Party Sellers also sell tickets to events described on the Site. The Company does not have any control over and has not reviewed all of the web sites that are linked to the Site or those of Third Party Sellers, and is not endorsing these third party web sites. The Third Party Sellers are available to you, and The Company is providing these links to you, only as a convenience. The Company is not responsible for the content, privacy practices or other practices or availability of these other resources, including without limitation, Thrillist, Urban Daddy, ShoWare, the ticketing system. YOU AGREE THAT YOUR USE OF OTHER INTERNET WEB SITES AND RESOURCES, INCLUDING WITHOUT LIMITATION, YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEB SITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS OF USE APPLICABLE TO SUCH SITES AND RESOURCES. YOU AGREE THAT THE COMPANY SHALL NOT BE RESPONSIBLE FOR SUCH OTHER PARTIES.
  13. Permission for Web-Linking. If you link to the Site, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by The Company. Any such link must not damage, dilute or tarnish the goodwill associated with The Company and/or any Company intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with The Company, and you may not “frame" the Site. You may not link to the Site from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in The Company’s sole discretion. The Company reserves the right, in its sole discretion, to terminate any link from any web site.
  14. Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by the Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
  15. The notification must be in writing and include:
    1. A signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of each alleged infringing copyrighted work or works (including the URL for the alleged infringement, if any);
    3. Identification of the allegedly infringing material and information reasonably sufficient to enable us to locate such material;
    4. Information reasonably sufficient to enable us to contact the party complaining of an alleged infringement (e.g. an address, telephone number, and email address);
    5. A statement that the complaining party has a good-faith belief that use of the allegedly infringing material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

    Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Lesley Townsend, LLC d/b/a Manhattan Cocktail Classic, 122 Fort Greene Place #2, Brooklyn, NY 11217, phone number: 646-535-5009, email: legal@manhattancocktailclassic.com. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
  16. Suspected Violation of these Terms or Law; Injunctive, Equitable Relief, and Liquidated Damages. Violations of these terms of use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including without limitation civil, criminal and injunctive redress. You understand and agree that in the Company’s sole discretion, and without notice, The Company may terminate and block your access to the Site and cancel your tickets for violation of any of the terms of use this Site.

    You agree that monetary damages may not provide a sufficient remedy to The Company for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.
  17. This Agreement constitutes the entire agreement of the parties with respect to its subject matter, and supersedes all previous written or oral agreements of the parties with respect to such subject matter. No waiver by either party of any breach or default by the other shall be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement shall be governed by, and construed in accordance with, the laws of the State of New York, without regard to its conflict of laws rules, and the Parties hereby agree to the jurisdiction of New York County, in the State of New York for any and all claims arising from this Agreement, the Use of the Site or attendance at any event described on the Site.