Avant Gardner | Brooklyn Music Venue, Nightclub & Event Space

Indoor-outdoor, year-round, sensorily immersive events complex

Avant Gardner is a multi-functional event space, concert venue and nightclub equipped with state-of-the-art audio and lighting across three rooms and stages.

TERMS OF USE


Effective Date: April 8, 2019

1.     Welcome. This website, mobile application or service is owned and operated by Avant Gardner, LLC (“Company,” “us,” “our,” or “we”). These Terms and Conditions ("Terms") contain the terms and conditions under which you are authorized to use our websites, including any website where these Terms are posted, and any sub-websites and mobile versions (collectively, the “Site”) or interact with our other on-site or web-enabled technologies, such as WiFi at the venye. We may refer to the Mobile App, Site, and these related web-enabled technologies collectively as our “Digital Services.” By continuing to use our Digital Services, you consent to the practices described in these Terms. To the extent additional rules or guidelines affect your use of our Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms.  You should immediately refrain from using our Digital Services if you do not agree to these Terms. By using our Digital Services, you represent that you are of legal age and capacity to enter into a contract.

 

2.     Our Digital Services. We generally provide information about events, our Digital Services, our company, our partners, and we may provide links for you to purchase tickets through third party ticketing services. Your use of these features and other content or services provided by third parties are not governed by these Terms. You acknowledge and agree that we are not responsible for the availability of, or any content located on or through, any third-party site or service, or any use of your information by those third parties. You expressly agree to hold us harmless for any claims of damage arising from any content, product or service provided by any third party or use of your information by those third parties. We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. Usage of our Digital Services may be interfered with or affected by many factors and circumstances beyond our control. We do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or without error.

 

3.     Restricted Activities. You may not engage in any of the following with regard to the Digital Services (including without limitation posting or transmitting content through the Digital Services), and you agree not to use the Digital Services to: (1) violate any law or regulation; (2) collect or store personal data about other users of our Digital Services or solicit personal information from any individual; (3) impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity; (4) send or promote any message that is unlawful, defamatory, abusive, sexually explicit, threatening, vulgar, obscene, disparaging regarding racial, gender or ethnic background, any statement that you have reason to know is false or misleading, or otherwise objectionable messages, as determined in our sole discretion; (5) breach any patent, trademark, trade secret, copyright, right of publicity or privacy, or other right of any party, or distribute any content you do not have a right to make available under any law or under contractual or fiduciary relationships; (6) promote or distribute any unauthorized advertising, promotional materials, or material which can be characterized as "junk mail," "spam," "chain letters," "pyramid schemes," or similar material, any request for or solicitation of money, goods, or services for private gain, or any information posted primarily for advertising, promotional, or other commercial purposes; (7) disrupt or interfere with the security or use of the Digital Services or any websites or content linked to them;  (8) interfere with or damage the Digital Services, including, without limitation, through the use of viruses, Trojan horses, harmful code, denial of service attacks, packet or IP spoofing, forged routing or email address information or similar methods or technology or disobey any requirements, procedures, policies, or regulations of networks connected to our Digital Services; (9) attempt to reverse engineer or otherwise derive or obtain the code in any form for any software used in the Digital Services; or (10) assist any third party in engaging in any activity prohibited by these Terms.

 

4.     DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE, OUR AFFILITES AND SUBSIDIARIES, SERVICE PROVIDERS, RELATED PARTIES, PARTNERS, LICENSORS, AND OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “COMPANY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, RELATED TO OUR DIGITAL SERVICES. YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THE DIGITAL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF ANY DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE COMPANY PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY THE COMPANY PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE COMPANY PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. 

 

5.     Indemnification. You agree to indemnify and hold the Company Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on our Digital Services, or other use of our Digital Services in a manner not permitted by these Terms, including without limitation your actual or alleged violation of these Terms, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.

 

6.     Copyright and Trademark Information. All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by us with all rights reserved. In some cases, such content may be licensed to us by third parties. This content is protected by the intellectual property rights of Company or those owners. All content which qualifies for protection under U.S. Federal Copyright Law is subject to the exclusive jurisdiction of the Federal Court System, whether registered or unregistered. All trademarks displayed on our Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties. In addition, such use of trademarks or links to the websites of third parties is not intended to imply, directly or indirectly, that those third parties endorse or have any affiliation with us.  

 

7.     Complaints and Feedback. If you believe that any content on our Digital Services violates these Terms or is otherwise inappropriate, please send an email to info@avant-gardner.com. We also appreciate your feedback and comments about our Digital Services, which can also be sent to info@avant-gardner.com. You may also contact us by mail: 140 Stewart Avenue, Brooklyn, NY 11237.

 

8.     Governing Law and Jurisdiction. The laws of the state of New York and the United States govern these Terms  and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States. With the exception of any matters subject to arbitration as described above, the state and federal courts located in New York, New York will serve as the venue for any actions brought, or claims made, arising out of your use of our Digital Services.

 

9.     Changes. We may modify, alter, or update these Terms without prior notice at any time. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes your acknowledgement and acceptance of such modifications, and you may not amend these Terms.