Terms of Service
Last Updated: November 2020
Thank you for your interest in our presentations and performing arts services (“Services”). The Services are provided by La Jolla Music Society, a tax-exempt 501(c)3 corporation, located at 7600 Fay Avenue, La Jolla, California, 92037 (“LJMS”).
The following are the Terms of Services (“TOS”) that govern the use of services available through www.LJMS.org (the “Website”). Our Services are varied and may be provided under additional terms. SCFTA reserves the right to change the TOS at anytime.
By using the Website, you hereby agree to be bound by the TOS. Please read them carefully.
Please also note that you may need an account with one or more of the following companies to access some of our Services: Tessitura (the LJMS ticketing platform), Facebook, Twitter, YouTube, and Instagram. Additional terms may apply.
Use and Content
You may view, copy or print content from the Website solely for personal, non-commercial use. You may not otherwise copy, print, display, reproduce, distribute or publish any content in the Website, without the express, prior, written authorization of LJMS and any other entity that may have rights in the content. Nor may you cause or otherwise facilitate linking to or framing of the Website for any purpose, without the express, prior, written authorization of LJMS. You may not use any “robot”, “spider” or other automatic device, program or any similar or equivalent manual process to access, acquire, copy, or monitor any portion of the Website to interfere or attempt to interfere with the operation of this Website.
You agree that you will not use any portion of this Website for commercial purposes, such as but not limited to purchasing tickets with the intent of reselling in the secondary market.
LJMS reserves the right to bar any such prohibited activity.
Use of the Website does not constitute ownership of any intellectual property rights in the content you access. The Website may display certain content that is not LJMS’s. Such content is the sole responsibility of the entity that makes it available to LJMS. LJMS may remove or refuse to display content that we believe violates LJMS policies or the law.
User Submitted Content
By submitting content to be used on or in connection with the Website, you represent and warrant that you are the original author, or have a written assignment of all necessary rights from the author of such content, and you give LJMS a worldwide license to use, store, reproduce, modify, create derivative works, publicly perform, publicly display, publish and distribute such content. This license shall continue even if you should stop using the Website. The author or assignee of the submitted content retains any intellectual property rights they may hold in the content submitted to be used on the Website.
Third Party Content
The Website may contain links to websites maintained by third parties which are provided solely for your convenience. LJMS is not responsible for the content on any such linked websites. Please use your own discretion regarding your interaction with these linked websites
Purchase Terms and Conditions
Each ticket you purchase is a limited license to attend a particular event at LJMS, and is subject to the additional terms and/or restrictions that may be set forth on that ticket. Tickets to events at LJMS are generally available through several distribution points, including online, by phone, and in person at the box office. These distribution points generally access the same inventory. Therefore, tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event.
Ticket limits vary depending on the type of event or the anticipated demand for tickets. Check the event information area for more information on ticket limits for your event. Please adhere to published ticket limits. If we determine that a ticket limit has been exceeded, we may cancel an order, or part of an order, without notice, or cancel a ticket that has already been delivered, rendering it null and void without notice.
Pricing and Other Errors
If the amount you pay for a ticket is incorrect, regardless of whether because of an error in a price posted on this Website or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, LJMS reserves the right to void that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether the incorrect price is because of human error, malfunction of this Website or other LJMS operated system.
Refunds and Exchanges
Before purchasing tickets, carefully review your event and seat selection. Tickets are non-refundable and can only be exchanged, subject to availability and service charge, except group sales, promotional, lost, and complimentary tickets which are not exchangeable.
Cancelled and Rescheduled Events
Occasionally, events are canceled or rescheduled. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. If applicable, refunds will only be issued in the amount you paid for your tickets, including all fees, to the same payment method used for purchase. If your event was rescheduled, we will contact you with the new date and time as soon as possible. If you cannot make the rescheduled date, tickets will be refunded in the above mentioned manner.
For specific instructions regarding a canceled or rescheduled event, please check the event information on the Website or contact LJMS.
Compliance with Laws; Accuracy; Authorizations
The purchase of tickets to entertainment events may be regulated by certain state, county and city laws or regulations. Complying is your responsibility, and you agree not to hold LJMS liable for your failure to comply, or LJMS’s failure to notify you of, or properly apply, any such law. You may be asked to provide information during various processes that you engage in on the Website. You represent and warrant that all information you provide, including but not limited to information concerning your name, address, credit card number, and other identifying information will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use credit cards that belong to you, to friends or immediate family members who expressly authorize use for the purpose of purchasing tickets to the identified event at LJMS. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol (“IP”) addresses or email addresses to use or to purchase tickets on the Website.
Billing Information Verification
The address you provide with your purchase must match the billing address for the credit/debit card used. Failure to provide an accurate address may result in your payment being rejected, which could place a hold on your credit/debit account. LJMS is not responsible for such holds and cannot affect the release of such holds.
Recording and Transmission; Grant of Likeness
You agree not to record or transmit, or aid in recording or transmitting, any event at LJMS or any description, account, picture, or reproduction of an event at LJMS. You agree that the event for which you purchase tickets takes place at a public venue, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your appearance or actions at the event. To the extent permitted by law, you grant permission to LJMS to utilize your name, image, likeness, and voice in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after the event) for any legitimate purpose, in any manner that is not disparaging, and in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
Limitation of Liability
To the extent permitted by law, in no event will LJMS be liable for any indirect, consequential, exemplary, incidental or punitive damages. Notwithstanding the other provision of the TOS, if LJMS is found to be liable to you for any damage or loss which arises out of or is in any way connected to your use of the Website, the total liability of LJMS shall not exceed the amount you paid to use the Services.
Waiver and Indemnity
By using the Website, you agree, to the extent permitted by law, to indemnify and hold harmless, LJMS, its officers, directors, agents, employees and affiliates, from any demands, loss, liability, claims or expenses (including reasonable attorneys’ fees), made against LJMS by any third party caused by or arising out of or in connection with your use of this Website. You will not sue or recover any damages from LJMS, its officers, directors, agents, employees and affiliates as a result of its decision to remove any content, to warn you, to suspend or terminate your access to the Website, or take other action during the investigation of a suspected violation or following LJMS’s conclusion that a violation of the TOS has occurred.
Violation of These Terms of Service
You agree that LJMS may disclose any information it has about you if it determines that such disclosure is necessary in connection with an investigation or complaint regarding your use of the Website. LJMS reserves the right to disclose any information that LJMS deems necessary to comply with any applicable law, regulation, legal process, or for fraud protection purposes.
Construction of this Agreement; Governing Law
This TOS constitutes the entire agreement between you and LJMS with regard to your use of the Website and supersedes any and all prior agreements between you and LJMS with respect to such use. If a term is held invalid or unenforceable, the remaining portion of the agreement shall remain in full force and effect.
You agree that all matters relating to your use of the Website shall be governed by the laws of the United States and the laws of the State of California without regard to its conflicts of laws provision. Any action brought to interpret, enforce or invalidate this agreement must be brought and heard in (and the sole and proper venue shall be) the Superior Court of California in and for the County of San Diego or the federal district court located in San Diego, California.