This agreement is between you and the Center for the Performing Arts (hereafter referred to as the “Center”, “we” or “our”) concerning your use of and any access to the Center’s Website, being the defined as the entity currently located at https://www.TheCenterPresents.org, and any successor website(s).
Any use of this Website is governed by these Terms regardless of how you access the Website. This could include a computer, mobile device, television or tablet as well as other devices, platforms or hardware. These Terms hereby incorporate by this reference any additional Terms posted by the Center through the Website or otherwise made available to you by the Center. Solely for so long as the Center permits you to use this Website, you may view one (1) copy of any portion of the Website to which we provide you access under these Terms, on any single device, exclusively for your personal, non-commercial, educational use.
By accessing or using the Website you agree to be bound by these Terms and that you are of legal age to enter into this agreement or, if you are not, that you have obtained parental or guardian consent to enter into this agreement. If you disagree with any part of these Terms then you may not access the Website.
This agreement contains a mandatory arbitration provision, as further set forth below, which requires the use of arbitration on an individual basis to resolve disputes rather than jury trials or any other court proceedings or class actions of any kind.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes or otherwise notified you of such changes.
Following any changes, your continued use of the Website following such changes to these Terms will constitute your acceptance of the changes as stated. You are encouraged to regularly return to and review these Terms. You can find the date of the most recent changes to the Terms at the bottom where it says “Last Updated” followed by the date of said update.
The Center controls and operates our Website in the United States, from the state of Indiana. These Terms are governed by the laws of the state of Indiana, applicable laws in other states as well as the federal laws of the United States of America. Additional considerations have been made for international laws for the citizens and residents of the United Kingdom and European Union. Considerations for foreign (outside the United States) users, when stated, are for those users alone and are not intended to apply to domestic users. There are some jurisdictions in which the Website may not be appropriate or available for use. Any use of the Website is at your own risk. All applicable laws, rules and regulations both for the location in which we operate the Website as well as the location in which you are using the Website must be followed in your use of the Website. The Center is neither liable for educating you on the laws of the area in which you are using the website nor on the laws of Indiana, relevant laws from other states or the federal laws that govern the United States of America. This is our website which we operate for the pursuit of our own mission and goals. We may limit the Website’s availability at any time, at our discretion, in whole or in part, to any person, geographic area or jurisdiction of our choice.
Your Information as Shared
Content and Rules of Conduct
Our Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos or other material (hereafter, “Content”). With regards to the Website, you must NOT engage in any of the following activities.
- Post, transmit or otherwise disseminate through or in connection with the Website any Content or information that is or may be: (a) threatening, abusive, harassing, hateful, degrading, intimidating or otherwise fail to respect the rights and dignity of others, (b) defamatory, fraudulent, libelous, or otherwise tortious, (c) pornographic, obscene, indecent or otherwise objectionable, or (d) protected by copyright, trade secret, trademark, right of publicity or privacy or any other proprietary right without express written consent of the applicable owner in advance of its use.
- Use the Website for any commercial purpose without the Center’s explicit consent or any otherwise fraudulent, unlawful or tortious purposes with or without the Center’s consent including the dissemination of any virus, Trojan horse, Easter egg, worm, spyware or any other computer code, program or file that is or is potentially harmful, invasive, intended to damage, hijack the operations of or monitors the use of any hardware, software or equipment (each hereby called, a “Virus”) or use of a Virus to harvest or collect information about users of the Website.
- Reverse engineer, disassemble, decompile, frame, mirror or otherwise incorporate any portion of the Website into any product or service without the express prior written consent of the Center. As stated here, this will also include the systematic downloading and storing of Website content and/or the use of any such robot, spider, retrieval application or manual or automatic device to retrieve, “scrape”, “data mine”, index or otherwise gather and document Website content or to reproduce or circumvent the navigational structure or presentation of the Website without the Center’s express prior written consent.
- Inhibit or otherwise restrict any other person or user from accessing the Website by such methods including, but not limited to, interfering with or disrupting the operation of the Website, servers or networks used to make the Website, including by hacking or defacing any portion of the Website or by violating any requirement, policy or procedure of such servers or networks.
- Reproduce, modify, copy, translate, adapt, sell, rent, loan, timeshare, lease, create derivative works of, perform, upload, publish, post, distribute or otherwise exploit any portion or use of the Website except as expressly authorized herein without the Center’s express prior written consent. This includes the removal of any copyright, trademark or other proprietary rights notice from the Website
Offerings and Transactions
For the sake of clarity, there exist those outside organizations with which the Center has an existing, agreed upon and binding relationship (hereafter, a “Partner”) and those outside organizations with which we do not have any binding or existing formal relationship (hereafter, a “Third Party”). Our relationships with our Partners are for your benefit, and you may interact with them as part of your experience with the Website, for example, our Partner which processes credit card payments for us. The Center has your best interests at heart with its choices of Partners both for ease of use of the website as well as your data security. Any relationship you make to a Third Party is at your own risk as the Center will not have vetted that organization to see if their standards, policies and goals are aligned with our own.
At varied times, the Website will make available in its listings or on its pages descriptions of goods, services, related discounts, parking vouchers, coupons, merchandise and memberships any of which can also include tickets to events presented on the Center’s campus or the right to view, participate in and/or respond to livestream, digital or prerecorded events (collectively all, “Offerings”) as well as additional external Offerings in the form of advertisements, sponsor logos and/or website links. Such Offerings may and will be made available by the Center through the Fifth Third Bank Box Office either (a) by using the Website, (b) over the phone at the number 317.843.3800, (c) over the phone by calling Toll Free at 877.909.ARTS (2787), (d) by e-mail communication to the address Tickets@TheCenterPresents.org as well as the corresponding staff e-mail addresses which respond, which can be verified by the e-mail address domain, or (e) in person at the Fifth Third Bank Box Office located at 1 Carter Green, Carmel, IN 46032 (collectively all, the “Fifth Third Bank Box Office”).
The availability through the Website of any such description, listing or image of an Offering does not directly or indirectly imply our endorsement of said Offering or affiliation with the provider of said Offering. Any and all such Offerings are subject to change at any time without notice, and these changes in information and availability of any Offering, including, but not limited to, the completeness, accuracy, reliability, validity of any coupon or discount or timeliness of such listings, descriptions or images (including any specifications, features or prices contained therein) are covered by these Terms.
The ability and availability for certain of these Offerings to be purchased or otherwise obtained through the Website is made to users of the Website (hereby called a “Transaction”). In order to make a Transaction, certain relevant information, such as credit card number and expiration date, billing address and shipping information is required to be supplied by you. By submitting such information, you grant to us the right to provide such information to our Partners for the purposes of facilitating this Transaction.
In doing so, you represent and warrant that you have the right to use any credit card information that you submit in connection with a Transaction. Failure to obtain the right to use credit card information that you have submitted for a Transaction, regardless of whether or not that Transaction is completed, is prosecutable by law, and we reserve the right to do so either directly or indirectly by informing the proper authorities. By completing a Transaction, you agree that the Offering involved will be used only in a lawful manner, and it is the responsibility of you, the purchaser, to ascertain and obey all applicable local, state, federal and foreign laws (including any age requirements) regarding the purchase, use or possession of said Offering.
The Center reserves the right to limit the available quantity of or discontinue the availability of any Offering, including without prior notice. We also reserve the right to impose conditions on the honoring of any discount, coupon or similar promotion. The Center reserves, at its own discretion, the right to prohibit any user from making any Transaction and to refuse to provide any user with any Offering. You agree to pay all charges incurred by you or on your behalf through the Website, at the prices in effect at the time of the Transaction when such charges are incurred, including all shipping and handling charges. In the case of out of state (with “in state” Transactions being defined as within the state of Indiana) or otherwise applicable purchases, you are responsible for any taxes applicable to your Transactions not stated directly in the purchase path at the time of the Transaction.
Shipping information will be supplied by you at the time of the Transaction, and Offerings transacted will be shipped as per the supplied information so long as the address is complete and complies with any shipping restrictions listed on the Website. The Terms here as stated maintain that all Transactions are made pursuant to a shipment contract and, resultantly, any risk of loss and title for Offerings pass to you upon the delivery of the Offerings to the carrier. You are thus responsible for filing any claims with carriers for damaged and/or lost shipments. Refunds and exchanges will be subject to the Center’s refund and exchange policies as applicable.
Cancelled and Rescheduled Events
Through the normal course of business, sometimes Offerings are cancelled or rescheduled. Should this occur, we will attempt to contact you, primarily via e-mail, to inform you of the specific policies to retain your tickets or reservations, or of any applicable refund or exchange options for that Offering. If refunds are granted, they will be issued to the same payment method used for initial purchase. If that is impossible or inconvenient for you, another payment method may be used if and only if it is mutually agreed upon by both you and the Center. In the case of a rescheduled Offering, we will contact you with the new date and time as soon as is possible and reasonable in order to craft and disseminate a properly detailed message. If you cannot make the rescheduled date, there will be options, which may be specific to this Offering, for you to utilize the full amount of your Transaction in another manner, whether via another Offering, Gift Certificate or refund.
Times, artists and performers are subject to change without prior notice. This includes the individuals present in any cast and/or ensemble composition of any theatrical or ensemble performance as being subject to change; there are no refunds in such situations and exchange restrictions may also apply. For specific information regarding changes to any particular Offering, please check with the Fifth Third Bank Box Office.
Registration, Usernames, Passwords, Profiles and Forums
You may need to register in order to use part or all of the Website. At our own discretion, we may elect to reject or require that you change any user name, password or other information which you provide to us in the registration process. Any user name and password (hereafter, “Login Information”) created are for personal use by you only and should be kept in the strictest confidence; you alone, and not the Center, are responsible for any use or misuse of your Login Information. Any breach of confidentiality or unauthorized use of your Login Information or Website account should be documented and the Center must be promptly notified by contacting the Fifth Third Bank Box Office. While the Center is not liable for your losses caused by any unauthorized use, you may be additionally liable for the losses of the Center or other Website users due to such unauthorized use.
Website users may choose to make available certain Content (as described above) through or in connection with the Website, including profile information or on interactive pages within the Website, such as the blog, forums, message boards, chatting and commenting or other messaging functionality or through connection with a Third Party website or application including social media applications such as Twitter, Facebook or Instagram. The Center has no control over and is not responsible for any use or misuse by any Third Party Content, including any distribution. If you choose to make any of your personally identifiable or other private information publicly available through the Website, you do so at your own risk. The Center is not responsible for the security of any Content shared by you, regardless of whether or not that sharing was done via an authorized or unauthorized Login. Be certain that you are securely protecting your own Login Information as well as any other personal information.
For the sake of clarity, ownership of all published Content is retained by you, however the following applies. For all submitted Content, you hereby grant to the Center a worldwide, royalty-free, fully paid-up, perpetual, irrevocable, non-exclusive, transferrable and fully sub licensable (through multiple tiers) license, without additional consideration to you or any Third Party to reproduce, distribute, publish (including through RSS feeds), perform and display (publicly or otherwise), transmit, excerpt, create derivative works of, adapt (including the right to adapt to broadcast, streaming, mobile, digital, thumbnail, downloading, scanning or other technologies), modify, host, index, cache, tag, encode and otherwise use, analyze and exploit such Content, in any format or media now known or hereafter developed, and for any purpose (including online and offline promotional purposes, such as testimonials).
Additionally, if in the process of submitting Content to the Website in any form (as stated above) you provide to us any suggestions, ideas, proposals or other materials (hereafter, “Feedback”), whether it relates to the Website, our normal operations or otherwise, this Feedback is still considered to have the same properties as other Content. In addition, you hereby agree and acknowledge that such Feedback is not confidential, and that your dissemination of such Feedback is unsolicited, gratuitous, without restriction, and does not place the Center under any fiduciary, legal or other obligation.
You are solely responsible for the substance of your Content. You represent and warrant that you have all rights necessary to grant the licenses granted in this Section of the Terms, and that your Content, and your provision thereof through and in connection with the Website, are accurate and complete, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any Third Party. Furthermore, you irrevocably waive any “moral rights” or other rights claimed with respect to the attribution of authorship or integrity of materials regarding all Content that you may have under any applicable law under any legal theory.
Links To and From Other Websites
Our Website contains links to both Partner and Third Party (as defined above) websites or services that are not owned or controlled by the Center. The Center has no control over and assumes no responsibility for the content, privacy policies, or practices of any Partner websites or services beyond the strict bounds of its Partnership agreements. Partnership agreements are typically reserved specifically for the purposes of naming rights, branding opportunities or physical visibility at events in exchange for complimentary access to Offerings, discounts or outright fiscal benefit, and, unless otherwise specifically addressed in the Partnership agreement, responsibility for all other websites or services offered by that Partner are owned entirely by the Partner itself and are not shared, either in whole or in part, by the Center. To inquire as to how the specifics of a given Partnership agreement might affect the Center’s endorsement of a Partner website or service beyond naming rights, branding opportunities or physical visibility at events, please contact the Fifth Third Bank Box Office. The Center has no control over, does not endorse, and assumes no responsibility for the content, privacy policies, or practices of any Third Party websites or services. You further acknowledge and agree that the Center shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services.
There exist, by Partnership agreements, links from some Partner websites to the Center’s Website. These links are for ease of use and mutual promotion of business interests. These links exist within the scope of the previously agreed upon binding relationship between the Center and the Partner, and there exist clauses to extract the Center from such a relationship, including the removal of said links, should the Partner website, staff or organization violate the terms of the agreement in any fashion. As part of normal operation by all websites, links are created and then left for periods of time, and the continued existence of links from Partner websites to the Center’s website after the date of creation cannot be used as proof of the Center’s continued cooperation with the Partner if a violation of the terms of agreement has occurred, regardless of whether or not the Center has been made aware of this violation at the time the discovery of the link’s continued existence is realized.
There are and do exist links to the Center’s Website from Third Party websites. You acknowledge and agree not to hold the Center liable for the content or operation of such Third Party websites. A hyperlink on a Third Party website does not by itself imply or mean, directly or indirectly, that the Center endorses either the content of the website containing the hyperlink, the operator of the website or the operations of the website. The risk and responsibility of deciding the extent to which you may use any content at any other website which link to our website resides with you and the policies of the Third Party websites themselves. The Center reserves the right to require termination of any Third Party link to the Website, at our discretion, at any time.
Third Party Purchases
As far as the Center is concerned, our Offerings are made available to you for purchase as a Transaction specifically through the Fifth Third Bank Box Office (as defined above). Any purchase of a Center specific Offering not through the Fifth Third Bank Box Office is not officially authorized (read: unauthorized) by the Center (hereafter, a “Third Party Purchase”), and can be summarily considered to be invalid at the discretion of the Center.
The Center is not responsible for any and all Third Party Purchases. You engage in a Third Party Purchase at your own risk. The Center cannot guarantee that your Third Party Purchase is valid, nor can Third Party Purchases be replaced if lost or stolen. With such risk also comes the possibility that you may be prohibited from admittance into any given event if the Center determines that your Third Party Purchase may be fraudulent or in any way invalid at the time in question, even if it once had been previously valid.
With any Third Party Purchase you also accept the loss of connection to the Center that comes with it. Specifically, that is, any of the following may occur: (a) you may, and likely will, pay more than face value for your Third Party Purchase, (b) you almost certainly will be paying additional fees, (c) the Center does not receive your Login Information directly and therefore cannot reach out to you with information regarding time changes, show cancellations, or artist updates and (d) the Center reserves the right to revoke outright Offerings sold to or by Third Parties, and if you are holding a revoked Offering, you will not be admitted nor will you receive a refund from the Center, and the Center cannot guarantee that your Third Party reseller will grant you any refund to which you might be entitled from them.
The Center’s Proprietary Rights
We and/or our licensors and suppliers own the Website and provision that all graphics, music, video, text, data, images, software, design and other materials appearing on the Website not submitted through the specific locations defined for the submission of Content (hereafter, “Subject Matter”), are owned and proprietary to the Center and/or our licensors and suppliers.
Our trademarks, trade names and service marks include “The Center for the Performing Arts”, “The Center Presents”, “TCPA”, “CPA”, “CPAS”, “CFPA”, “The Palladium”, “The Tarkington”, “The Studio Theater”, “Live At The Center”, “LATC”, and any associated logos. All trademarks, trade names and service marks used on the Website not owned by us are the property of their respective owners. You may not use our trademarks, trade names, service marks or logos with any product, service or experience that is not ours, or in any manner is likely to cause confusion. Nothing contained on the Website should be taken as the granting of rights for any trademarks, trade names, service marks or logos, and, explicitly, none of the trademarks, trade names, service marks or logos that appear on the website have been granted to you with any rights for use. Express prior written consent must be gained from the Center for use, and you acknowledge herein that any use or reproduction of any trademarks, trade names, service marks or logos other than that defined in these Terms will result in irreparable damage, and you thus consent to injunctive relief being brought against such use.
Disclaimer of Warranties, Errors and Limitation of Liability
To the fullest extent permitted under applicable law: (a) the Website and any related Subject Matter, promotions, Offerings, services, Third Party materials and any other materials are made available to you on a “Where Is”, “As Is” and “Where Available” basis without any warranties of any kind, whether implied, express or statutory; and (b) the Center disclaims all warranties with respect to the Website and any Offerings, Subject Matter or Third Party materials. All disclaimers of any kind (both included in this section and elsewhere in these Terms) are made for the benefit of the Center, its employees, directors, officers, affiliates, agents, representatives, licensors, service providers and suppliers and their respective successors and assigns.
While we do our utmost to ensure the most up to date, correct and timely information on and the security and integrity of our Website, we do not guarantee or warrant that the Website will remain complete, updated, correct or secure, or that there will be uninterrupted access to the Website. The Website might contain errors or inaccuracies, including such as might conflict with these Terms as stated. Additionally, Third Parties may make unauthorized alterations to the Website. If you become aware of such an alteration, contact the Fifth Third Bank Box Office with a description of the alteration and its location on the Website.
Additionally, there may be other errors found on the Website. If the amount of your Transaction for a given Offering 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 complete a Transaction for an Offering before its scheduled on-sale or presale date or you are able to complete a Transaction for an Offering that was not supposed to have been released for sale, the Center reserves the right to void that Transaction in full and refund you the full amount in question. This will apply regardless of whether the incorrect price was generated by human error, malfunction of this Website or any other application, staff member or technical device owned and/or operated by the Center. All communication for such errors and voided Offerings will flow through the Fifth Third Bank Box Office, regardless of whether it was you or the Center who initiated the communication. Any communication outside the flow of the Fifth Third Bank Box Office may be considered invalid and summarily ignored.
To the fullest extent permitted under applicable law: (a) the Center will not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages of any kind, under any contract, tort (including negligence), strict liability or other theory, including damages for loss of profits, use of data, business interruption, loss of other intangibles, loss of security of Content (including the unauthorized interception by any third parties of any Content), even if advised in advance of the possibility of such damages or losses; (b) without limiting the foregoing, the Center will not be liable for damages of any kind resulting from any virus that may be transmitted in connection therewith or any damage resulting to your computer system, tablet, television or mobile device from any downloads or use of the Website; (c) your sole remedy for dissatisfaction with the Website or any Content, Offerings, Third Party information, services or other materials is to stop using the Website; and (d) the maximum aggregate liability of the Center for all damages, losses and causes of action shall be the greater of (I) the total amount, if any, paid out by you to the Center solely for the purpose of using the Website, and (II) twenty dollars ($20). All limitations of liability of any kind (both included in this section and elsewhere in these Terms) are made for the benefit of the Center, its employees, directors, officers, affiliates, agents, representatives, licensors, service providers and suppliers and their respective successors and assigns.
Indemnity and Termination
In consideration of permitting your use of the Website, and to the fullest extent permitted under applicable law, you agree to indemnify and hold harmless the Center, and its respective successors and assigns, from and against all claims, liabilities, damages, judgments, awards, losses, deficiencies, costs, expenses and fees (including attorneys’ fees) arising out of or relating to (a) your use of, or activities in connection with, the Website (including all Content, Offerings and Subject Matter); and (b) any violation or alleged violation of these Terms or the law of any jurisdiction by you.
These Terms are effective until they are changed (see Changes, above) or terminated. We may terminate or suspend access to our Website immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms, which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Governing Law and Arbitration
These Terms are governed by the federal laws of the United States of America (USA), including federal arbitration law, and the state of Indiana, USA, without regard to its principles of conflicts of law, and regardless of your location.
Except for disputes that qualify for small claims court, all disputes arising out of or relating to these Terms or any aspect of the relationship between you and the Center, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, will be resolved through final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury and you agree that the Center and you are each waiving the right to trial by a jury of your peers. Such disputes include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability or validity of the arbitration provision or any portion of the arbitration provision. All such matters shall be decided by an arbitrator and not by a court or judge.
You agree that any arbitration under this agreement will take place on an individual basis; class arbitrations and class actions are not permitted and you are agreeing to give up the ability to participate in a class action.
Any arbitrations will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as amended by these Terms. The Arbitrator will conduct hearings, if any, by teleconference or videoconference rather than by personal appearances, unless the arbitrator determines upon request by you or by the Center that an in-person hearing is appropriate. Any in-person hearing will be held in Carmel, Indiana. The Arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court in Indiana having jurisdiction thereof.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular shall have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” in these Terms shall be construed as if followed by the phrase “without limitation”.
Notices to you, including any notices regarding any changes to these Terms, may be made via posting to the Website, by e-mail, or by regular mail. Without limitation, an unaltered printed version of these Terms and of any notice given in electronic form shall be admissible in administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. The Center will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.
For any other questions or concerns related to these Terms not specifically designated as to be communicated directly to the Fifth Third Bank Box Office, please use the contact information below.
The Center for the Performing Arts
1 Carter Green
Carmel, IN 46032
Last updated on December 18, 2022.