Please note that you will be referred to as “user” from time to time in this agreement.
You agree and continue to agree to use our web site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions set out in the policies and guidelines outlined below.
In order to purchase tickets, make donations, or sign up for educational programs on this Site you will be required to register by filling out the registration form. In consideration of your use of the Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form and (b) maintain and promptly update that information to keep such information true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site. We do not independently verify any information you provide, and we will not be liable in any way for inaccurate or fraudulently provided information or fraudulent donations or purchases.
Use By Children Under 13
We developed certain areas of this Site to be an enjoyable educational experience for visitors of all ages, including kids under 13. However, if you are under the age of 13, you must obtain your parents’ permission prior to using any portion of our Site. In addition, children under the age of 13 are not allowed to register on the Site, and may not access those areas which require registration. We have assumed that the users who register at our Site are over the age of 13. By registering, you warrant that you are at least 13 years of age. If you are a parent or guardian of a child under 13, you agree to supervise all usage of the Site by children under your name, password or e-mail address.
Registration Password and Security
You will receive a password and user I.D. upon completing the registration process. You are responsible for maintaining the confidentiality of the password and user I.D., and you are fully responsible for all activities that occur under your password or user I.D. You are to (a) immediately notify us of any unauthorized use of your password or user I.D. or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Users of our Site are strictly prohibited from violating or trying to violate the security features of the Site, such as by (1) accessing data not intended for that user or logging onto a server or an account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures unless we expressly authorize that user to do so in writing; (3) attempting to interfere with service to any user, host or network, such as by means of submitting a virus to the Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing;” (4) sending unsolicited email, including promotions and/or advertising of products or services; or (5) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. By using the Site, you hereby agree not to use any device, software or routine to interfere or try to interfere with the proper working of this Site or any activity being conducted on this Site. You further agree not to use or try to use any engine, software, tool, agent or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Site other than the search engine and search agents which we make available on this Site and other than generally available third party web browsers like Netscape Navigator or Microsoft Explorer.
Our Site provides links to independently operated world wide web sites of third parties. Because we have no control over such sites, you acknowledge and agree that we are not responsible for the availability of such external sites or resources or the accuracy of any links to such sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods or services available on or through any such site.
You further acknowledge and agree that we are not responsible for informing you when you are leaving or have left our Site and are visiting such an independently operated site. Your further acknowledge and agree that we are not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with our decision to provide, or not to provide, you with notice that you are leaving or have left our Site.
You may pay for event tickets, make donations or pay registration fees for educational programs through this Site by using certain types of credit cards listed on the applicable purchase pages of the Site. The means of payment or acceptance of certain credit cards may be changed from time to time by updating the posting on the payment page of this Site, but without notice to you.
Pricing and Availability of Tickets
Tickets to our events and educational programs are sold through several distribution methods, including this Site, by phone, and at each box office location of Diversionary Theatre. Prices displayed on this Site are valid as of the time they are posted, and will be honored if purchased at that time, but are subject to change without notice to you by updating the posting on the Site. Prices include certain processing fees and taxes, which may not be refundable in certain cases. Prices for events or program enrollment, and for particular seating at any given event or space in any given educational program, may be different depending upon whether you purchase tickets or enroll through this Site, by phone or at the box office. All distribution methods access the same ticketing system and inventory with the following exception of select special events. Tickets for these events are available through Diversionary Theatre’s Box Office only. Call (619) 220-0097. For this reason, tickets for certain seats or events or slots for educational programs may sell out quickly, and may not be available through this Site.
Cancelled or Postponed Events
Occasionally, events or programs are postponed or cancelled due to reasons such as, among others, weather, safety, injury or acts of God. If this occurs, the Site will be updated as soon as possible to reflect such cancellation or postponement. If you purchased your tickets or enrolled through this Site, we will notify you by the e-mail address you provide at registration of such cancellation or postponement. Should a performance be cancelled, every effort will be made to exchange your tickets into comparable seats for the same production. If this is not possible and you would like a refund, you must respond to our notice with your name and ticket information within 3 days, and we will take all reasonable steps to cancel your credit card charges within 30 days. If you purchased your tickets by phone or in person, you may not use this Site to obtain a refund.
Refunds or Exchanges
It is your responsibility to review your selection of events and seating. We do not provide refunds or exchanges for tickets purchased on this Site to events which occur as scheduled.
Payment Processing and Delivery of Tickets
In consideration of your purchase of tickets or enrollment in educational programs through this Site, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site, including true and correct name, address and credit card number and expiration date. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to terminate your purchase and sell the tickets or enrollment to another customer. We do not independently verify any customer information, and we will not be liable in any way for inaccurate or fraudulently provided information or fraudulent purchases. We do not knowingly transact on this Site with any person under the age of 18. If you are under the age of 18, you are not allowed to purchase tickets or enroll in educational programs on this Site. Your parent or guardian must purchase tickets on your behalf or enroll you in our educational programs.
Delivery of Tickets
Diversionary Theatre tickets are Will Call only – you do not need to print your ticket confirmation. Please check in at the Box Office Will Call no less than 20 minutes before your selected performance to receive your ticket and Seat Selection.
Number of Tickets
You may be limited in the number of tickets you are allowed to purchase for a given event. If you are purchasing tickets in bulk for a school class or other group, please contact us at (619) 220-6830 x109
Tickets purchased through this Site are for personal use only. You may not resell any ticket purchased through this Site. We will investigate and take appropriate legal action against anyone who violates this provision, including blocking access to this Site for violators and deleting violators’ registrations. If we reasonably believe that you are violating this provision, we reserve the right to cancel any outstanding ticket orders.
We accept donations through this Site by credit cards in accordance with the provisions under “Payment” above. Donations made to Diversionary Theatre on this Site are tax-deductible. Once we have processed your donation, we will send you appropriate information to allow you to claim your deductions. We will not be liable in any way for tax deductions which are disallowed for any reason, including but not limited to our loss of charitable status or any change in the tax code or regulations. We do not independently verify any donor information, and we will not be liable in any way for inaccurate or fraudulently provided information or fraudulent donations. We do not knowingly accept donations from any person under the age of 18.
Limitation of Liability and Warranty
YOU AGREE THAT USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK. OUR SITE AND THE SERVICES PROVIDED THEREIN ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE, INCLUDING WITHOUT LIMITATION OUR EVENT TICKETS OR PROMOTIONAL INFORMATION (UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION). SPECIFICALLY, WE DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: 1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES; AND 2) ANY WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
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. YOU SPECIFICALLY ACKNOWLEDGE THAT WE 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 YOU.
OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF OUR SITE OR SERVICES IS THE CANCELLATION OF YOUR REGISTRATION WITH US.
NEITHER WE NOR ANY OF OUR AGENTS, AFFILIATES, CO-BRANDERS, PARTNERS OR CONTENT PROVIDERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT OR INCIDENTAL DAMAGES, LOST PROFITS, OR SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT AND SERVICES ON THE SITE.
Copyrights, Service Marks and Trademarks
Unless otherwise indicated, the information contained in this Site including all images, illustrations, designs, photographs, video clips, text, icons, designs and written and other materials that appear on the Site are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed (all of which, collectively, are herein referred to as the “Contents”) by Diversionary Theatre or its affiliates and are protected by U.S. and international copyright laws and conventions. The names Diversionary Theatre and Diversionary Theatre Productionsand the Diversionary Theatre logos are trade and/or service marks of Diversionary Theatre. The collection and compilation of the contents of the Site are separately protected and copyrighted works that are owned exclusively by Diversionary Theatre. No copyright, trademark or service mark license is granted in connection with any of the Contents on the Site.
Accessing the Site does not authorize users to use any name, logo, trademark or service mark in any manner. Permission is granted to display, download, and print in hard copy format other Contents of this Site solely for the purposes of using this Site as an internal or personal resource, for educational purposes, to purchase event tickets, make donations, and to enroll in educational programs offered by Diversionary Theatre. None of the Contents may be copied, reproduced, distributed, republished, downloaded, displayed, posted electronically or mechanically, transmitted, recorded, in any manner mirrored, photocopied, or reproduced without the prior written permission of Diversionary Theatre or the applicable owner.
We may give notice to you by means of a general notice on the site or via electronic mail to your email address on record. You may give notice to us, and such notice shall be deemed given when received by us, at any time by any of the following:
- Electronic mail to: email@example.com
- Letter delivered by first class postage prepaid mail to the following address: 4545 Park blvd, San Diego, CA 92116
You agree to defend, indemnify and hold us harmless from any damages, claims or disputes which may arise from a breach of the terms of this agreement by you or any other person accessing the Site using your account information. You agree to hold us and our affiliates, employees, contractors, officers, directors, co-branders, partners and content providers harmless from any and all claims and expenses, including attorney’s fees and court costs, related to a violation of this agreement by you or any other person accessing the Site using your account information. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Termination of Service
You may terminate your right to use our site and services at any time by notification to us as set forth above. We may terminate your account or access rights to the site at any time, without notice, for conduct that we believe violates this agreement or other policies or guidelines that we have posted on our site.
Your Acceptance of These Terms