Terms & Conditions

Capitol Center for the Arts Terms and Conditions


By accessing and using this website, you agree to abide by these Terms and Conditions
of Use, including the Privacy Policy. If you do not agree to all these terms and
conditions, you agree not to access or otherwise use this website or any information
contained on this website. Terms and Conditions of Use (the “Terms”) may be revised
periodically, and your continued use of the website shall be deemed your consent to
such changes.

 

1. PURCHASE POLICY
You voluntarily assume all risks and danger incidental to the event for which the ticket is
issued, whether occurring before, during, or after the event, and you waive any claims
for personal injury or death against CCA, management, facilities, leagues, artists, other
participants, and all of CCA’s respective parents, affiliated entities, agents, officers,
directors, owners, and employees on behalf of yourself and any accompanying minor.
You bear all risks of inclement weather. Event date and time are subject to change.

You assume all risks, hazards, and dangers arising from or relating in any way to the
risk of contracting a communicable disease or illness (including exposure to COVID-19,
a bacteria, virus, or other pathogen capable of causing a communicable disease or
illness) whether occurring before, during, or after the event, however caused or
contracted, and hereby waives all claims and potential claims against CCA relating to
such risks.

If you do not receive a confirmation number (in the form of a confirmation page or email)
after submitting payment information, or if you experience an error message or service
interruption after submitting payment information, it is your responsibility to confirm that
your order has been placed. Only you may be aware of any problems that may occur
during the purchase process. CCA will not be responsible for losses (monetary or
otherwise) if you assume that an order was not placed because you failed to receive
confirmation.

Seat views displayed on the website may not be an exact representation.

Opening acts or guests may sometimes tour with headlining performers. CCA is not
always made aware of opening acts or the length of their performances. Opening acts,
as well as festival performers, are subject to change or cancellation at any time without
notice. No refund will be owed if an opening act or festival performer is changed or
canceled.

You agree that you will not attempt to evade, avoid, or circumvent any refund
prohibitions in any manner regarding tickets you purchased. Without limiting the
generality of the foregoing, you will not contact CCA to seek a refund or exchange when
it is prohibited from providing one by its clients, and you will not dispute or otherwise
seek a “chargeback” from the company whose credit card you used to purchase tickets
from this website. Should you do so, your tickets may be canceled, and CCA may, in its
sole discretion, refuse to honor pending and future ticket purchases made from all credit
card accounts or online accounts on which such chargebacks have been made, and
may prohibit all persons in whose name the credit card accounts exist and any person
who accesses any associated online account or credit card or who otherwise breaches
this provision from using this website.

If CCA issues you a refund for a ticket due to a canceled or postponed event, it will
issue a refund of the ticket price paid and all service fees. In no event will delivery
charges or any other amounts be refunded. If a refund is issued, it will be issued using
the same method of payment that was used to purchase the tickets. CCA will not be
liable for travel or any other expenses that you or anyone else incur in connection with a
canceled or postponed event.

CCA reserves the right, without refund of any amount paid, to refuse admission to, or to
eject, any person whose conduct management deems disorderly, who uses vulgar or
abusive language, or who fails to comply with CCA rules. Breach of terms or rules will
terminate your license to attend the event without refund. A ticket is a revocable license
and admission may be refused upon refunding the ticket’s face amount. A ticket is not
redeemable for cash.

You agree that the event for which you purchase tickets is a public event, 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 regarding your presence, actions,
or conduct at the event. You grant permission to CCA and the Event Provider(s) to
utilize your name, image, likeness, acts, poses, plays, appearance, movements, and
statements 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 play or performance) for any purpose, in
any manner, in any medium or context now known or hereafter developed, without
further authorization from, or compensation to, you or anyone acting on your behalf.

CCA is not responsible for providing transportation or reimbursement of travel-related
expenses under any circumstances unless those items are specifically included as part
of a package. CCA is not responsible for any delay causing you to arrive late or miss
your event for any reason. If CCA’s actions result in you missing your event, it will not
be liable for more than your total purchase price for that event. CCA is not responsible
for the conditions or the actions of the crowd at any event or for any changes made at
the venue including, without limitation, seating arrangements, stage set-up, or venue
conditions.

You and your belongings may be searched on entry to the event. You consent to such
searches and waive any related claims that may arise. If you elect not to consent to
such searches, you may be denied entry to the event without refund or other
compensation. Under facility rules, certain items may not be brought into the premises,
including alcohol, weapons, drugs, controlled substances, cameras, recording devices,
laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles, and
containers.

CCA prohibits weapons on its property, which includes any item that could reasonably
be construed as a weapon. This policy extends to all CCA property (including but not
limited to the Chubb Theatre, Kimball House, and Bank of NH Stage) and at all CCA
sponsored events. This policy also applies regardless of whether the person is licensed
to carry, possess, or store the weapon or whether the possession or storage of the
weapon is in accordance with applicable law.

CCA reserves the right to perform bag inspections of those who wish to enter a CCA
property. Security will require anyone who has a weapon to properly store it elsewhere
while they are in a CCA property. Those who refuse to adhere to this policy will be
denied entry.

The only exception to this policy is on-duty local and state law enforcement and security
officials hired by the CCA and duly authorized to carry such weapon(s).
Unlawful resale (or attempted resale), counterfeit, or copy of tickets is grounds for
seizure and cancellation without compensation. Certain maximum resale premiums and
restrictions may apply in some states, and the CCA cannot be responsible for providing
legal advice regarding resale or pricing of tickets. You are responsible for complying
with all applicable ticket resale laws.

Tickets may not be used for advertising, promotions, contests, or sweepstakes unless
formal written authorization is given by CCA.


2. PRIVACY
Please review our Privacy Policy to understand our practices regarding the collection
and use of information.


3. INTELLECTUAL PROPERTY
The design of this website and its content are the property of The Capitol Center for the
Arts (“CCA”) and are protected by copyright, trademark, and other intellectual property
laws. CCA authorizes you to view this website and download the content hosted
thereon only for your personal, non-commercial use, provided you retain, on any copies
of the materials, all copyright and other proprietary notices contained on the original
materials. You may not otherwise copy, reproduce, modify, adapt, display, perform,
publish, create derivative works from, store, sublicense, translate, sell, rent, reverse
engineer, decompile, disassemble, or otherwise exploit this website or its content.

The display of any trade names, trademarks, service marks, logos, or domain names on
this website does not imply that a license of any kind has been granted with respect to
such trade names, trademarks, service marks, logos, or domain names. Any
unauthorized downloading, re-transmission, or other copying, modification, or use of
trade names, trademarks, service marks, logos, or domain names may be a violation of
trademark and copyright laws and could subject you to legal action.

If you post content or submit material to this website, you grant CCA a non-exclusive,
royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, and display
such content throughout the world in any media now known or hereinafter devised. You
represent and warrant that you own or otherwise control all of the rights to the content
that you post; that the content is accurate; that use of the content does not violate this
policy and will not cause injury to any person or entity; and that you will defend,
indemnify and hold CCA and its employees, agents, officers, directors, agents,
contractors, suppliers, and other representatives harmless from and against all
liabilities, damages, claims, actions, costs, and expenses (including reasonable
attorneys’ fees) resulting from content you supply. CCA has the right but not the
obligation to monitor, edit, or remove any activity or content posted at, or submitted to,
this website at its sole discretion. CCA takes no responsibility and assumes no liability
for any content posted by you or any third party.

The CCA grants you a limited, conditional, no-cost, non-exclusive, non-transferable,
non-sublicensable license to view this website and its content as permitted by these
Terms only if you agree that you will not:

• “Frame” or “mirror” any part of this website.
• Modify, adapt, sub-license, translate, sell, reverse engineer, decompile, or
disassemble any portion of this website or otherwise attempt to derive any
source code or underlying ideas or algorithms of any part of its content.
• Remove any copyright, trademark, or other proprietary rights notices contained
on this website.
• Use any robot, spider, offline reader, site search/retrieval application, or other
manual or automatic device, tool, or process to retrieve, index, data mine, or in
any way reproduce or circumvent the navigational structure or presentation of
this website or its contents, including with respect to any CAPTCHA displayed on
this website. Operators of public search engines may use spiders to copy
materials from this website for the sole purpose of and solely to the extent
necessary for creating publicly available searchable indices of the materials, but
not caches or archives of such materials. The CCA may revoke this exception at
any time and require removal of archived materials gathered in the past.
• Use any automated software or computer system to search for, reserve, buy, or
otherwise obtain tickets or any other items available on this website, including
sending information from your computer to another computer where such
software or system is active.
• Take any action that imposes or may impose an unreasonable processing load
on this website’s servers and infrastructure.
• Reproduce, modify, display, publicly perform, distribute, or create derivative
works of this website or its content.
• Reproduce or scan tickets in a format or medium different from that provided by
this website.
• Decode, decrypt, modify, or reverse engineer any tickets or underlying algorithms
or barcodes used on or in production of CCA’s tickets or this website.
• Attempt to conceal your identity by using multiple Internet Protocol addresses or
email addresses, or by any other means, to conduct transactions on this website.
• Use this website or its content in an attempt to, or in conjunction with, any device,
program, or service designed to circumvent any technological measure that
effectively controls access to, or the rights in, this website and/or its content in
any way including, without limitation, by manual or automatic device or process,
for any purpose.

This license is expressly conditioned on your preexisting agreement to comply with, and
your actual compliance with, each of the provisions described in this section. This
license exists only so long as you strictly comply with each of the provisions described
in this section. Any use of this website or its content by you or anyone acting on your
behalf that does not strictly comply with each and every provision in this section
exceeds the scope of the license granted to you herein, constitutes unauthorized
reproduction, display, or creation of unauthorized derivative versions of this website and
its content, and infringes CCA’s copyrights, trademarks, patents, and other rights in this
website and its content. You will not acquire any ownership rights by using this website
or its content.

 

4. INTERNET SECURITY
You should be aware that the Internet is not secure. If you choose to send any
electronic communications by means of this website, you do so at your own risk. CCA
does not guarantee that such communications will not be intercepted or changed, or
that they will reach the intended recipient securely.


5. DISCLAIMERS
Your access to and use of this website are at your sole risk, and you agree that you are
solely liable for your activities on this website. CCA does not warrant the accuracy,
completeness, timeliness, or other characteristics of any content available on or through
this website. This website and the information on it are provided “as is.”

CCA makes no representation or warranty of any kind, express or implied, including,
without limitation, any warranties of merchantability, fitness for a particular purpose, title,
or non-infringement. CCA shall not be responsible or liable, directly or indirectly, for any
loss or damage caused by use of, or reliance on, or inability to use or access this
website, or delays, inaccuracies, errors, defects, or omissions in this website,
regardless of the claim or as to the nature of the cause of action, even if CCA has been
advised of the possibility of such damage or loss.

CCA shall not be liable under any legal theory for any damages suffered in connection
with use of this website, including but not limited to any lost profits, lost savings, or
incidental or consequential damages, whether resulting from impaired or lost data,
software or computer failure or any other cause, by you or any other third party, even if
CCA has been advised of the possibility of such damage or loss.

You hereby expressly release CCA from any and all liability or responsibility for any
damage caused, directly or indirectly, to you or any third party as a result of this website
and its content including anything downloaded from or accessed on the CCA website.
CCA does not represent or warrant that this website will be available for access at all
times or at any time on a continuous, uninterrupted basis, and is not responsible for any
inconvenience or other loss that you may suffer as a result.

CCA is not responsible for any damage to your computer, hardware, software, or other
property resulting in any way from your use of this website.
Where applicable law does not allow the exclusion of implied warranties, some of the
foregoing exclusions may not apply to you. This Disclaimer applies to all content,
(including but not limited to user e-mails, discussion groups, chat rooms, blogs, etc.),
merchandise, and services that may be available through this site.


6. INDEMNIFICATION
The use of the CCA website is at your sole risk and you assume full responsibility for
any costs or other damages associated with your use of this website. CCA will not be
liable for any damages of any kind related to the use of this website. You also agree to
defend, indemnify, and hold harmless CCA and its employees, officers, directors,
affiliates, representatives, agents, suppliers, sponsors, constituents, contractors, and
licensees, including, without limitation, theatre performers and their staff, agents and
other representatives, from and against all liabilities, damages, claims, actions, costs,
and expenses (including reasonable attorneys’ fees) in connection with or arising from
your violation of these terms of use or your use of this website. You also consent to
CCA’s participation, at its sole discretion, in the defense of any claim or action related to
or arising from your use of this website.


7. INTERPRETATION
If any provision of these Terms and Conditions of Use is held invalid or unenforceable,
that provision will be enforced to the maximum extent permissible, and other provisions
shall remain enforceable and in full effect. No failure or delay in enforcing any term,
exercising any option or requiring performance shall be a waiver of that or any other
right.


8. LINKS ON THIS WEBSITE TO THIRD PARTY SITES
This website may contain hyperlinks to websites operated by persons or entities other
than CCA. Such hyperlinks to other websites, whether to a home page or some other
page on a website, are provided for your reference and convenience only. You agree
not to hold CCA responsible for the content or operation of such websites. A hyperlink
from this website to another website does not imply or mean that CCA endorses the
content on that website or the operator or operations of that site. You are solely
responsible for determining the extent to which you may use any content at any other
websites to which you might link from this website.

Websites operated by persons or entities other than CCA may contain hyperlinks to this
website. You agree not to hold CCA responsible for the content or operation of such
third-party websites. A hyperlink to the CCA’s website on another website does not
imply or mean that CCA endorses either the content of the web site containing the
hyperlink to this website or the operator or operations of that site. You are solely
responsible for determining the extent to which you may use any content at any other
websites which might link to this website.


9. INTERNATIONAL VISITORS
CCA makes no representation that materials on this website are appropriate or
available for use in locations outside the United States. If you access this website from
outside the United States, you are responsible for compliance with local laws.


10. CHOICE OF LAW AND FORUM
These Terms and Conditions of Use shall be governed by and construed in accordance
with the laws of the United States of America and the State of New Hampshire,
excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for
any claim or action arising out of or relating to these Terms and Conditions of Use, or
your use of this site, shall be in the state or federal courts located in the County of
Merrimack in the City of Concord, and you further agree and submit to the exercise of
personal jurisdiction of such courts for the purpose of litigating any such claim or action.


11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright
infringement, please provide CCA’s copyright agent the following information in writing:
• An electronic or physical signature of the person authorized to act on behalf of the
owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description of where the material that you claim is infringing is located on the site;
• Your address, telephone number, and e-mail address;
• A statement by you that you have a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your
notice is accurate and that you are the copyright owner or authorized to act on the
copyright owner’s behalf.

CCA’s Copyright Agent for notice of claims of copyright infringement on its website can
be reached via email: info@ccanh.com


12. VIOLATION OF THESE TERMS
CCA may investigate any violation of these Terms, including unauthorized use of this
website. CCA may provide law enforcement with any information you provide to this
website to assist in any investigation or prosecution. CCA expressly reserves the right,
at its sole discretion, to take legal action against you for such violation. You agree that
monetary damages may not provide CCA with a sufficient remedy and that CCA may
pursue injunctive or other relief for your violation of these Terms. If CCA determines that
you have violated these Terms or the law, or for any other or no reason, CCA may
cancel your account and prevent you from accessing the website at any time without
notice to you. If that happens, you may no longer use the website or any content, but
will still be bound by your obligations under these Terms. If CCA elects not to enforce
any provision of the Terms in any instance, such voluntary non-enforcement will not
waive or alter any condition or requirement of these Terms, and CCA expressly
reserves the right to seek relief for any violation thereunder notwithstanding any such
prior nonenforcement.

You agree that CCA will not be liable to you or any third party for termination of your
access to this website or to your account or any related information, and CCA will not be
required to make the website or your account or any related information available to
you. If you violate these Terms, your transactions, distributions, deliveries, credit
authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket
postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group
management or participating or ticket management, or season, package, group, or other
tickets, may be cancelled, set-offs and debits may be taken against your accounts and
credits and payments that would otherwise be owed to you, and CCA expressly
reserves the right to exercise any other remedy available to it at its sole discretion..