Cafe Colonial Terms and Conditions

1.1 The Cafe Colonial Sacramento website located at www.cafecolonial916.com is a copyrighted work belonging to Cafe Colonial. Cafe Colonial provides an online store offering daily sales of concert and event tickets

By purchasing tickets and entering or otherwise using our Web site or mobile applications (the “Web site”), you agree to and accept these terms and conditions. You also agree to and accept our Notice of privacy practices, which describes how we use the information you provide Cafe Colonial and is incorporated into these terms and conditions by reference. Please read the terms and conditions and Notice of privacy practices carefully as you are agreeing to be bound by them.

TOGETHER THESE TERMS AND CONDITIONS AND THE NOTICE OF PRIVACY PRACTICES CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH BLUE LAMP. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR WEB SITE, ANY MEMBERSHIP YOU MAY ESTABLISH ON THE SITE, AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE WEB SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS WEBSITE,  OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS AND/OR USE THE WEB SITE, OR PURCHASE PRODUCTS OR SERVICES THROUGH THE WEB SITE.

 

2.1 Products and Pricing. All Products or services listed on the Web site are subject to change, as is Product information, pricing, and availability.Blue Lamp reserves the right, at any time, to modify, suspend, or discontinue any Web site feature or the sale of any Product with or without notice. You agree that Blue Lamp will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Web site feature or Product. In the event a Product is listed at an incorrect price or with incorrect information, we shall have the right, prior to the acceptance of your order (as described in Section 2.3 below), to decline or cancel any such orders, whether or not the order has been confirmed and/or your credit card account charged. If your credit card has already been charged for the order and we cancel your order, we will issue a credit to your credit card account in the amount of the charge.

2.2 Payment Terms. For each Product you order on the Web site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), Blue Lamp will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so.

2.3 Orders. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order.  If we cancel all or a part of your order, your sole and exclusive remedy is that we (a) issue a credit to your credit card in the amount charged for the cancelled portion (if your credit card has already been charged for the order) or (b) not charge your credit card for the cancelled portion of the order.

 

3.1 License. Subject to the terms of this Agreement, Cafe Colonial grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the shopping services and features provided on the Web site. This license does not include any resale or commercial use of the Web site features or content, or the right to access or use the Web site for any of the restricted purposes set forth in Section 3.2. Cafe Colonial may terminate this license at any time for any reason.

3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Web site or its content without the express written consent of Blue Lamp; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Web site; (c) you shall not access the Web site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Web site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Blue Lamp's express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Web site without Blue Lamp’s express written consent. Any future release, update, or other addition to functionality of the Web site shall be subject to the terms of this Agreement.

3.3 Modification.Blue Lamp reserves the right, at any time, to modify, suspend, or discontinue the Web site or any part thereof with or without notice. You agree that Blue Lamp will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Web site or any part thereof.

3.4 Ownership. You acknowledge that all intellectual property rights in the Web site, including our rights to copyrighted material, patents, trademarks, service marks, and trade secrets (“Intellectual Property”) (excluding any User Content) are owned by Blue Lamp and its licensors, and neither the limited license granted in Section 3.1, nor our provision of the Web site under this Agreement shall transfer to you or any third party any rights, title or interest in or to such Intellectual Property. Blue Lamp reserves all rights not granted in this Agreement.

 

4.1 User Content. “User Content” of a Web site user means any and all information and content that such user submits to Blue Lamp by any means, including through social media (e.g., Facebook, Twitter), or uses with the Web site (e.g., a user profile or a feedback submission). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Web site as described herein and (ii) your User Content does not violate the Acceptable Use Policy (defined below). You may not state or imply that your User Content is in any way provided, sponsored or endorsed by zulily. Because you alone are responsible for your User Content (and not Cafe Colonial), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Blue Lamp is not obligated to backup any User Content, makes no representation that it will do so, and you agree that zulily may delete User Content at any time.

4.2 License. By submitting your User Content or using it with the Web site , you automatically grant, and you represent and warrant that you have the right to grant, to Blue Lamp an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing,