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.
  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.

    ALL SALES ARE FINAL. Refunds on tickets purchased may be made, at 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.

    If you opt for the free print-at-home ticketing option, simply print out your tickets prior to the event and bring them with you along with a valid photo ID verifying you are over the age of 21 (twenty one).

    If you opt for the $3.50 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.

    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).

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

    In the event that an event is either cancelled or postponed, Company will make reasonable efforts to contact every patron via e-mail, time permitting.

    While Company regrets any inconvenience, 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, Company cannot be held responsible or liable for injuries, loss or damages incurred by patrons while attending these events.

    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.

    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 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.
  3. THE COMPANY OFFERS THE SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (SEE SECTIONS 8 AND 9) AND AN EXCLUSIVE REMEDY (SEE SECTION 10). THESE PROVISIONS FORM AN ESSENTIAL BASIS FOR YOUR USE OF THE SITE.
  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, 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. 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 Company’s sole discretion imposes an unreasonable or disproportionately large load on Company’s (or its third party service providers’) 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, 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. 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.
  9. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, 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 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.
  11. Third Party Links. This Site contains links to additional resources. The Company does not have any control over and has not reviewed all of the web sites that are linked to the Site, and is not endorsing these third party web sites. Company is providing these links to you only as a convenience. Company is not responsible for the content, privacy practices or other practices or availability of these other resources, including 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.
  12. 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 Company. Any such link must not damage, dilute or tarnish the goodwill associated with 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 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 Company’s sole discretion. Company reserves the right, in its sole discretion, to terminate any link from any web site.
  13. 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.
  14. 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;
    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.
  15. 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, 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 Company for violations of these terms of use and you consent to injunctive or other equitable relief for such violations.
  16. 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.