TERMS AND CONDITIONS

 

Please read these terms and conditions before making any purchase on our website. 

 

When you purchase any goods or services on our website, you agree to these terms and conditions and each of the purchase policies to which such goods or services are subject including, but not limited to, our refund policy (collectively, the “Terms”).  By purchasing any goods or services on our website, you represent and warrant that you are at least eighteen years of age or have all proper consents from the parent or legal guardian of any minor who is identified in your purchase order.  If you do not agree to the Terms please do not use our website. 

 

ARTICLE 1 – TICKETS/PROGRAM ENROLLEMENT

 

1. As used in these Terms, the word “Tickets” shall refer to tickets purchased to view a live theatre performance.  “Enrollment” shall refer to enrollment in a program or camp offered by OFC Creations Theatre.

 

1. All Tickets and Enrollment are sold subject to availability and to the Terms. 

 

1. We will not be responsible for any Ticket that is lost, stolen or destroyed.  Removing any part of, altering or defacing the Ticket may invalidate your Ticket.

 

1. We reserve the right to provide alternative seats to those specified on the Ticket if the staging of the event so reasonably requires, provided they are of no less value to that stated on the Ticket.

 

1. Possession of a Ticket does not confer any rights (by implication or otherwise) on you to use, alter, copy or otherwise deal with any of the symbols, trademarks, logos and/or intellectual property appearing on the Ticket.

 

1. You agree not to obtain or attempt to obtain any Ticket(s) through unauthorized use of any robot or other automated device or ticket purchasing software or any other illegal or unauthorized activity.  We reserve the right to cancel any Ticket transaction which we reasonably suspect to have been made in breach of these provisions without any notice, and any and all Ticket(s) purchased as part of such transaction will be void.

 

1. We may offer Tickets and/or Enrollment as part of a targeted promotion at a discounted price to individuals or groups because of their status or membership in a community or group (e.g., student tickets).  Promotional or discounted Tickets and/or Enrollment that cannot be resold will be marked as such and any resale or transfer (or attempted resale or transfer) of a Ticket and/or Enrollment in breach of this prohibition is grounds for seizure or cancellation of that Ticket and/or Enrollment.

 

1. Any Ticket and/or Enrollment obtained in breach of these Terms shall be void and all rights conferred or evidenced by such Ticket and/or Enrollment shall be void.  Any person seeking to use such a void Ticket and/or Enrollment in order to gain or provide entry to an event may be considered to be a trespasser and may be ejected and subject to legal action.  Void Ticket and/or Enrollment are non-refundable.

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ARTICLE II - PRICE AND PAYMENT

 

1. The price of the Ticket and/or Enrollment shall be the price set at the time we accept your order.  All advertised prices are inclusive of any applicable taxes, but exclusive of any service charge, processing fee, collection charge or delivery fee.
    

1. Tickets are set with Dynamic Pricing. Dynamic pricing is product pricing based on various external factors, including current market demand, the season, supply changes and price bounding. With dynamic pricing, product prices continuously adjust in response to real-time supply and demand.
    

1. No order will be accepted until we have received full payment in cleared funds.  We reserve the right to cancel any booking which we reasonably suspect to have been made fraudulently.

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ARTICLE III - DELIVERY

 

1. If you select “print at home” your Ticket and/or Enrollment confirmation will be delivered to the email address provided when you registered on our website.  Your Ticket and/or Enrollment confirmation must be printed, or capable of presentation on a mobile or tablet device at the venue on the day of the event.  Print at home Ticket and/or Enrollment confirmation must be clearly printed on plain, clean, white paper.  Problems with printing will not be our responsibility or the responsibility of the venue.  Unauthorized duplication of your Ticket and/or Enrollment confirmation may prevent your admittance to the event.  We are not responsible for any inconvenience caused by unauthorized duplication.  We reserve the right to refuse entry to all Ticket and/or Enrollment holders and may credit the original purchaser the face value, which will constitute full remuneration. 

 

1. If you are collecting your Ticket and/or Enrollment confirmation from the venue box office pursuant to the will-call option at the time of purchase, you must have an acknowledgement of order sent by us to you, and the credit/debit card used by you to purchase the Ticket and/or Enrollment.  You may also be required to present your photo ID.

 

ARTICLE IV - AFTER SALES CARE & COMPLAINTS

 

Should You have any queries or complaints relating to your Ticket and/or Enrollment purchase, please contact management at: courtney@OFCCreations.com.  We will acknowledge all customer correspondence as soon as feasible.

 

 

ARTICLE V - CANCELLED/RESCHEDULED/POSTPONED EVENTS

 

1. Cancelled Events

 

When an event is cancelled, postponed or rescheduled, we will use our reasonable efforts to notify you using the details you provided us at the time of ordering.  Notwithstanding the foregoing, it is your responsibility to ascertain whether an event has been cancelled, postponed or rescheduled.  Pursuant to our refund policy, if an event is cancelled and not rescheduled, we may issue a refund for your Ticket and/or Enrollment.  If we issue you a refund, we will issue a refund of the face value paid (or, for a discounted Ticket and/or Enrollment, then instead the discounted amount paid) and all taxes and service fees.  We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled, rescheduled or postponed event.

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OFC Creations cannot guarantee the appearance of any particular artist, which is always subject to illness, injury and statutory vacation entitlement.

 

1. Rescheduled/Postponed Events

 

If your event has been rescheduled or postponed, you must keep your Ticket and/or Enrollment confirmation and shall remain entitled to use it on the date of your rescheduled event.

 

ARTICLE VI - REFUNDS

 

Any and all refunds shall be subject to our refund policy.

 

ARTICLE VII - USE OF DETAILS AND DATA PROTECTION

 

1)       Applicability

 

This Article VII describes the types of information we may collect from you when you visit our website and our practices for collecting, using, maintaining, protecting, and disclosing that information.  This policy applies to information we collect on our website as well as in email, text or other electronic messages between you and our website.  It does not apply to information collected offline or information collected by any third-parties.  Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. By accessing or using our website, you agree to this privacy policy.  If you do not agree with our policies and practices, your choice is not to use our website.  We reserve the right to amend this policy from time to time, and your continued use of this website after we make changes will be deemed as your acceptance of those changes. 

 

          2)       Children Under the Age of Thirteen (13)

 

Our website is not intended for children under thirteen (13) years of age.  No one under the age of thirteen (13) may provide any information to or on our website   We do not knowingly collect personal information from children under the age of thirteen (13).  If you are under the age of thirteen (13), you are not permitted to: (1) use or provide any information on our website or through any of its features; (2) enroll in any programs; (3) make any purchases through the website, including both Tickets and merchandise; or (4) provide us with any information about yourself including without limitation, your name, address, telephone number, email address, or any screen or user names.  If we learn we have collected or received personal information from any individual under the age of thirteen (13) without verification of parental consent, we will delete all such information.  If you believe we might have any information from or about a child under the age of thirteen (13), please contact us at courtney@OFCCreations.com.

 

          3)       Information We Collect and How We Collect It

 

We collect several types of information from and about users of our website.  This information is collected through several methods including (1) directly from you when you provide it; and (2) automatically as you navigate through the site. 

 

1. The Information We Collect From You.  The information we collect from you is obtained when you provide information or complete forms on our website at the time of purchasing Tickets or merchandise or enrolling in programs.  This information may include information by which you may be personally identified such as name, postal address, email address, telephone numbers. 

2. The Information We Collect Automatically.  As you navigate through and interact with our website, we may use automatic date collection technologies to collect certain information about your equipment, browsing actions, and patterns.  Information collected automatically may include details of your visit to our website including traffic data, location date, and other communication data and resources that you access and use on our website.  It may also include usage details, IP addresses, and information collected through cookies, web beacons, or other tracking technology.  The information we collect automatically is only statistical and does not include personal information.  This information is used to help us improve our website and deliver a better, more personalized, service by enabling us to estimate our audience size and usage patterns, speed up your searches, and recognize you when you return to our website.

 

4)            How We Use Your Information

We may use the information that we collect about you or that you provide to us:

 

1. To preset our website and its contents to you;

2. To provide you with information, products, or services that you request from us;

3. To fulfill any other purpose for which you provide it;

4. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection;

5. To notify you about changes to our website or any products or services we offer or provide through it;

6. In any other way we may describe when you provide the information; and

7. For any other purpose with your consent.

 

5)       Disclosure of Your Information

 

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. 

 

We may also disclose personal information that we collect or that you provide as described in this Article VI:

 

1. To fulfill the purpose for which you provide it;

2. For any purpose disclosed by us when you provide the information or any other purpose with your consent;

3. To comply with a court order, law, or legal process including to respond to any government or regulatory request

4. To enforce or apply these Terms and any policy or practice incorporated herein;

5. If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of OFC Creations Theatre or any of our customers;

6. to contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them; and

7. To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of OFC Creation Theatre’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by OFC Creation Theatre about our website users is among the assets transferred.

 

6)   Choices About How We Use and Disclose Your Information

 

We strive to provide you with choices regarding the personal information you provide to us.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.

 

          7)       Your State Privacy Rights

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

 

 

 

ARTICLE VII – RESTRICTIONS

 

1. Tickets and/or Enrollment may be limited to a maximum number or sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry.  Any such restriction shall be displayed on our website or otherwise disclosed to you before or at the time you book the Ticket and/or Enrollment.  It is your responsibility to ensure that you read all notifications displayed on our website. 

 

1. Unless we indicate otherwise, the use of equipment for recording or transmitting (by digital or other means) any audio, visual or audio-visual material or any information or data inside any venue is strictly forbidden.  Unauthorized recording equipment, recordings, tapes, films or similar items may be confiscated and destroyed or deleted.  We will not be liable for any loss, theft or damage to confiscated items.

 

1. By attending an event, you consent to filming and sound recording of yourself as members of the audience.  We may use such films and recordings (including any copies) without payment.

 

1. You shall not bring into the venue or display or distribute (whether for free or not) at the event any sponsorship, promotional or marketing materials.

 

1. Mobile telephones and messaging equipment must be switched off during the event.

 

1. The following are not permitted within the venue:

   1. animals (with the exception of service dogs);

   2. laser pens, fireworks, flares, smoke bombs;

   3. bottles, cans or glass containers (unless permitted by the Venue);

   4.  any item which may be interpreted as a potential weapon including sharp or pointed objects (e.g.  knives)

   5. firearms (except as carried by law enforcement officials); and

   6.  illegal substances.

 

1. We reserve the right to conduct security searches from time to time and confiscate any item which, in our reasonable opinion, may cause danger or disruption to other members of the audience or the event or is one of the items not permitted in the venue.

 

1. Reasonable efforts shall be made to admit arrivals at a suitable break in the event, which may be the interval, but late admission cannot be guaranteed.

 

1. All Tickets shall constitute a revocable license that grants only one-time entry into the venue.  Ticket holders may only leave and re-enter the venue during an event at the discretion of management.  Otherwise, there will be no re-admission or pass-outs of any kind.

 

ARTICLE VIII - CONDITIONS OF ADMISSION AND ATTENDANCE

 

1. We reserve the right to refuse admission to the venue in our sole discretion including, but not limited to, for reasons involving health and safety or where a ticket is void.

 

1. We also reserve the right to that require that you leave the venue at any point in our sole discretion and may take any appropriate action to enforce this right.  By way of example, we may remove any individual who:

 

1. has behaved in a manner which, in our opinion has, or is likely to affect the enjoyment of other visitors; or

2. uses threatening, abusive or insulting words or behavior or in any way provokes or behaves in a manner which may provoke a breach of the peace; or

3. in our opinion is under the influence of drugs or has consumed an excessive amount of alcohol; or

4. fails, when required, to produce proof of identity or age; or

5. obstructs access-ways, exits, entrances or staircases, congregates in non-designated areas or seeks entry to stands or seats for which he/she does not hold a ticket.

 

1. You must comply with instructions and directions given by venue staff and stewards.

 

1. Each and every individual enrolled in one of our programs is expected to: (1) treat everyone with respect and consideration, and follow all directors, while in the venue; and (2) display appropriate language, behavior, and attire.  We do not tolerate discrimination or bullying of any kind and drinking, smoking, use of drugs, and public displays of affection are prohibited within the venue and at all of our events.  By agreeing to these Terms, you grant us permission to use the applicable enrollee’s likeness in a photograph, video, or other digital media in any and all of our publications, including both web-based and print publications, without payment or consideration.  Any and all photos taken by us will be deemed our property.  We hereby reserve the right to refuse enrollment and/or remove an enrollee from any program if they do not comply with these standards, as determined in our sole discretion.

 

ARTICLE IX - SALE OF GOODS

 

1)       Applicability

 

This Article IX governs our sale of any and all products, including without limitation branded merchandise. 

 

          2)       Delivery

 

Unless otherwise agreed to between you and us, delivery of any purchased products will be schedule for your next visit to the venue and made at our box office.

 

          3)       Title and Risk of Loss

 

Title and risk of loss shall pass to you upon delivery of the purchased products at the box office. 

 

          4)       Inspection and Rejection for Nonconformance

 

You shall have the right to inspect the purchased products at the box office.  Your removal of the purchased products from the box office will be deemed will be deemed an acceptance of the purchased products. 

 

          5)       Disclaimer of Warranties

 

We MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PURCHASED PRODUCTS, INCLUDING ANY (a) WARRANTY OF MERCHANTABILITY; OR (b) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE

 

          6)       Limitation of Liability

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED THE SALE OF THE PURCHASED PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO US FOR THE PURCHASED PRODUCTS.

 

ARTICLE X - HEALTH AND SAFETY

 

You must comply with all relevant statutes, safety announcements and venue regulations while attending an event.  If you have any special requirements or concerns about any special effects which may be featured at the event, prior notice should be provided when purchasing you Ticket and/or Enrollment.  Special effects may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects.

 

ARTICLE XI - DISPUTE RESOLUTION

 

1. Any complaints about a ticket holder’s seating or ability to view a production should be made promptly to the management of the venue at: courtney@OFCCreations.com.

 

1. If any dispute arises out of these Terms, we will attempt to settle it amicably.  We will consult or negotiate in good faith in an attempt to reach a just and equitable settlement satisfactory to both parties.

 

1. If we are unable to settle any dispute by negotiation, any disputes, claims or controversies arising from or related to your Ticket and/or Enrollment or otherwise shall be submitted for binding arbitration.  Unless the parties agree otherwise, arbitration shall take place in Monroe County, New York, and shall be administered pursuant to the rules of the American Arbitration Association (“AAA”).  Disputes shall be arbitrated on an individual basis.  There shall be no right or authority for any claims or disputes to be arbitrated or litigated on a class action basis or in a purported representative capacity on behalf of the general public or other persons similarly situated.  No arbitration award or decision shall be given preclusive effect as to the issues or claims in any dispute with anyone not a party to that arbitration.  You agree to give up your right to go to court to assert or defend any rights arising by reason of your Ticket and/or Enrollment purchase.  Your rights will be determined by a neutral arbitrator and NOT a judge or jury, and YOU SPECIFICALLY WAIVE ANY RIGHT TO BE A MEMBER OF A CLASS ACTION LAWSUIT FOR ANY CLAIM, DISPUTE OR CONTROVERSY ARISING FROM OR RELATED TO YOUR TICKET(S) AND/OR ENROLLMENT.

 

ARTICLE XII - MISCELLANEOUS

 

 

1. If we delay or fail to enforce any of these Terms, it shall not mean that we have waived our right to do so.

 

1. We will not be liable to you for failure to perform any obligation under these Terms to the extent that the failure is caused by Force Majeure. For the purposes of these Terms, ‘Force Majeure’ means any cause beyond our control including, without limitation, act of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defense requirements, epidemics or pandemics, acts or regulations of national or local governments. 

 

1. We reserve the right to modify these Terms at any time.  With respect to a material modification of any of the Terms effected by us after you have purchased your Ticket and/or Enrollment, we will not hold you to such modification unless we have provided you with an opportunity to seek a refund.

 

1. These Terms constitute the entire agreement between the parties in connection to its subject matter and supersede any previous terms and conditions, agreement or arrangement between the parties.

 

1. These Terms are governed by the law of the State of New York.  If any provision (or portion thereof) contained herein is found by any arbitrator or court of competent jurisdiction to be invalid, illegal or unenforceable, that provision (in whole or in part) shall, to the extent required, be deemed not to form part of these Terms, and the validity, legality and enforceability of the other provisions of these Terms shall not be affected or impaired thereby.  If any such provision (or portion thereof) is held invalid or unenforceable with respect to particular circumstances, it shall remain in full force and effect in all other circumstances.
    

2. ACCOMMODATIONS: For accommodations such as ASL Interpretation, please email info@ofccreations.com. For confirmed interpreted performances, the interpreters at OFC Creations Theatre Center, Kodak Center Studio Theatre will be located Stage Right, for best vantage point purchase seats House Left. Call the box office with questions. Interpreters at The Old Farm Cafe are placed differently based on each show, contact us for details. 

   • We require all requests to be submitted with at least two (2) weeks notice in order to properly staff, any accommodation with less than two weeks notice cannot be guaranteed.
      

3. FM assistive listening
   OFCTC is equipped with an FM assistive listening system that amplifies and clarifies sound by cutting down ambient noise and may be used at any seat. Ear speakers and induction neck loops (for patrons who use hearing aids and cochlear implants with a T-switch) may be borrowed from the Tech Booth by notifying the House Manager on duty on a "first come, first served" basis; reservations prior arrival are not available at this time. Ask your audiologist whether your hearing aid or cochlear implant has a T-switch and how to use it with an FM assistive device as OFC staff will be unable to troubleshoot compatibility with your specific device.

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