Killer Shrimp Marina del Rey, LP
This website (the “Site”) is operated by Killer Shrimp Marina del Rey, LP (“Killer Shrimp,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) apply to the Site and to the dining, entertainment and event services offered through it under the names Killer Shrimp Restaurant & Bar, Killer Café, Killer Yacht Club, and the Overkill Room (collectively, our “Venues”).
Please review these Terms before using the Site, making a reservation, or purchasing tickets or services. When you complete a booking or purchase, additional terms disclosed and accepted during that transaction may also apply.
1 Acceptance of terms and amendments
Each time you use or cause access to this Site, you agree to be bound by these Terms, as amended from time to time with or without notice to you. Please read the Site’s Privacy Policy, which is incorporated into these Terms by reference.
This Site and the services provided to you are provided on an “AS IS” basis. You agree that Killer Shrimp reserves the right to modify or discontinue this Site and its services, and to remove the data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Killer Shrimp will not be held responsible or liable for timeliness of or removal of information, failure to store information, inaccuracy of information, or improper delivery of information.
Updates to these Terms apply prospectively and do not change the terms of a reservation, ticket or purchase already confirmed, except as permitted by law. Nothing in this section limits any refund or other remedy owed to you for a confirmed reservation, ticket or purchase as described in Sections 7 and 8.
2 Your responsibilities and registration obligations
In order to use this Site or certain parts of it, you may be required to register for a user account; in this case, you agree to provide truthful information when requested, and, if a minimum age is required for eligibility for a user account, you represent that you are at least the required age.
3 Privacy policy
Registration data and other personally identifiable information the Site may collect are subject to the terms of Killer Shrimp’s Privacy Policy.
4 Your conduct
You agree that all information or data of any kind (“content”), made available publicly or privately, will be under the sole responsibility of the person providing that content, or of the person whose user account is used. Killer Shrimp will not be responsible to you in any way for content displayed on this Site, nor for any error or omission.
By using this Site or any service provided, you explicitly agree that:
- you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this Site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
- you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
- you will not collect or harvest any information about other users;
- you will not submit false or fraudulent reservations, ticket purchases, or inquiries;
- you will not provide, and you will not use this Site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this Site to promote or operate any service or content without Killer Shrimp’s prior written consent;
- you will not provide any content that may give rise to Killer Shrimp being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including but not limited to laws relating to copyrights, trademarks, patents, or trade secrets.
5 Submission of content on this Site
By providing any content to this Site:
- you agree to grant Killer Shrimp a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. This license applies to any form, media, or technology already known at the time of provision or developed subsequently;
- you warrant and represent that you have all legal, moral, and other rights that may be necessary to grant Killer Shrimp the license specified in this section;
- you acknowledge and agree that Killer Shrimp will have the right (but not the obligation), in its sole discretion, to refuse to publish, remove, or block access to any content you provide, at any time and for any reason, with or without notice.
6 Dining and reservations
Reservations are subject to availability and confirmation. Submitting an inquiry does not guarantee a reservation or event booking. Dining reservations are made through OpenTable and are also subject to OpenTable’s terms and policies.
Any applicable deposits, cancellation deadlines, no-show charges, seating limits, or minimum purchase requirements will be disclosed before you confirm your reservation.
A dining reservation does not include concert admission, and a concert ticket does not include a dining reservation, unless the applicable offer expressly states otherwise.
Please notify our staff of food allergies or dietary restrictions before ordering. We will discuss available accommodations, but shared preparation areas and equipment mean we cannot guarantee that any item will be completely free of allergens or cross-contact.
7 Concerts, live entertainment, and admission
Concerts and other live entertainment may take place at Killer Yacht Club, the Overkill Room, or another designated space. Review the event listing and ticket confirmation for the correct venue, date, door time, show time, and admission requirements.
Tickets for our events are sold through Eventbrite, our authorized ticketing provider, and ticket purchases are also subject to Eventbrite’s terms and policies. Tickets must be valid and obtained through an authorized source. Duplicate, altered, fraudulent, or previously redeemed tickets may be refused.
Unless expressly included in the ticket description:
- admission does not include food, beverages, parking, or other purchases;
- general admission does not guarantee a seat, table, or particular viewing location;
- admission to one event or space does not include admission to another; and
- reentry is subject to the rules disclosed for that event.
Age restrictions vary by event and will be identified in the event listing. Guests must meet the advertised age requirement and present valid identification when required.
Free events remain subject to capacity limits and any clearly disclosed admission conditions.
8 Ticket cancellations, refunds, and event changes
The cancellation, refund, and transfer policies applicable to a ticket will be disclosed before purchase. Any nonrefundable or final-sale condition applies only to the extent permitted by law.
If an event is canceled, we or our authorized ticketing provider will communicate refund instructions and provide refunds as required by applicable law.
If an event is postponed, rescheduled, relocated, or materially changed, we or our authorized ticketing provider will communicate the change and the available options, including any applicable refund rights.
Performers, supporting acts, and performance times may change. Such changes do not eliminate any rights guests have under applicable law.
For ticket assistance, contact Eventbrite or reach us using the contact information in Section 23.
9 Prices, payments, and promotions
Prices and availability may change before purchase. Applicable mandatory charges, taxes, and optional purchases will be displayed in accordance with law, and the final amount will be disclosed before payment.
Mandatory restaurant service charges or surcharges, if any, will be clearly identified with an explanation of their purpose wherever required. A service charge should not be assumed to be a gratuity; refer to the applicable disclosure.
Promotional offers are subject to their stated dates, availability, eligibility requirements, and other disclosed conditions. Discounts may be combined only when the offer expressly permits it.
10 Alcohol and guest conduct
Alcohol is available only to guests age 21 or older with valid identification. We may refuse or discontinue alcohol service as required or permitted by law.
Guests must follow lawful staff directions and applicable safety and venue rules. We may refuse admission or service, or ask a guest to leave, for unlawful conduct, harassment, threats, violence, unsafe behavior, significant disruption, or failure to meet disclosed admission requirements.
Admission and service policies will be applied consistently with applicable nondiscrimination and accessibility laws. Any refund consequences will be governed by the disclosed purchase terms and applicable law.
11 Private events and special bookings
Private parties, venue rentals, catering, buyouts, and other special events may require a separate written agreement. That agreement will specify the applicable services, deposits, payment schedule, guest counts, cancellation terms, and other booking requirements. If it conflicts with these Terms, the signed agreement controls for that booking, subject to applicable law.
An inquiry, proposal, or discussion does not by itself confirm a private event.
12 Photography and recording
Guest photography and recording may be restricted for particular performances to respect artists’ rights, guest privacy, and safety. Please follow any event-specific rules and staff instructions.
Professional photography, commercial filming, and recording of performances require advance authorization and any necessary permissions from performers or other rights holders.
If we arrange promotional photography or filming, we will provide notice and obtain consent where required by law. These Terms do not grant an unrestricted right to use a guest’s likeness in advertising.
13 Accessibility
Please contact us regarding accessibility needs, accessible seating, or assistance attending an event. Advance notice is appreciated when arrangements are needed, but it does not limit rights provided by law. We will address requests in accordance with applicable accessibility requirements. For more information, please see our Accessibility Statement.
14 Third-party services
Goods and services of third parties may be advertised and/or made available on or through this Site, including reservation, ticketing, ordering, and payment services such as OpenTable and Eventbrite. Representations made regarding products and services provided by third parties will be governed by the policies and representations made by those third parties. Killer Shrimp will not in any manner be liable for or responsible for any of your dealings or interactions with third parties, except to the extent required by law.
15 Indemnification
You agree to indemnify and hold harmless Killer Shrimp and its representatives, subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable legal fees, that may be filed by any third party arising out of your conduct or in connection with this Site or service, your provision of content, your violation of these Terms, or any other violation by you of the rights of another person or party.
16 Disclaimer of warranties
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS SITE AND OF ANY SERVICES OR CONTENT PROVIDED (THE “SERVICE”) IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS,” AND KILLER SHRIMP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
KILLER SHRIMP MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, THAT ANY PART OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, TIMELY, SECURE, ACCURATE, RELIABLE, OR OF ANY QUALITY, NOR IS IT WARRANTED EITHER IMPLICITLY OR EXPRESSLY THAT ANY CONTENT IS SAFE IN ANY MANNER FOR DOWNLOAD. YOU UNDERSTAND AND AGREE THAT NEITHER KILLER SHRIMP NOR ANY PARTICIPANT IN THE SERVICE PROVIDES PROFESSIONAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS SITE MAY BE USED SOLELY AT YOUR OWN RISK, AND THAT KILLER SHRIMP WILL NOT BE HELD LIABLE IN ANY WAY.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
17 Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT KILLER SHRIMP WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES; THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF KILLER SHRIMP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) THE USE OF SERVICES OR THE INABILITY TO USE SERVICES, (II) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON THIS SITE, (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (IV) STATEMENTS BY ANY THIRD PARTY OR CONDUCT OF ANY THIRD PARTY USING SERVICES, OR (V) ANY OTHER MATTER RELATING TO SERVICES PROVIDED HEREUNDER.
In some jurisdictions, Killer Shrimp is not permitted to limit liability and, therefore, such limitations may not apply to you. If allowed by law and notwithstanding the foregoing, Killer Shrimp’s maximum liability shall be limited to $100.00.
Nothing in these Terms excludes or limits liability for fraud, willful misconduct, gross negligence, or other liability that cannot lawfully be excluded. These Terms do not waive nonwaivable consumer rights or release claims for personal injury arising from our operation of the Venues.
18 Reservation of rights
Killer Shrimp reserves all of its rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets, and any other proprietary right that Killer Shrimp may have in respect of this Site, its content, and goods and services that may be provided. The use of Killer Shrimp’s rights and property requires Killer Shrimp’s prior written consent. By making services available to you, Killer Shrimp is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this Site or services or any and all copyrights, trademarks, patents, trade secrets and any other proprietary right that Killer Shrimp may have with respect to this Site without Killer Shrimp’s prior written consent. These Terms do not restrict lawful reviews, commentary, or other legally protected uses.
19 Notification of copyright infringement
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, please contact us at:
Killer Shrimp Marina del Rey, LP
Attn: Copyright Inquiries
4211 Admiralty Way, Marina del Rey, CA 90292
Email: info@killershrimp.com
20 Applicable law
You agree that these Terms and any dispute arising out of your use of this Site or products or services provided will be governed by and construed in accordance with the laws of the State of California, subject to applicable federal law and any mandatory consumer protections. By using this Site, you accept that jurisdiction is granted to the state and federal courts located in Los Angeles County, California, and that any disputes will be heard by those courts.
Please contact us with concerns so we can attempt to resolve them. Doing so does not restrict your right to pursue remedies available under applicable law.
21 Miscellaneous information
(i) In the event that any provision of these Terms is deemed to conflict with any law by a court with jurisdiction over the parties, that provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain valid and applicable; (ii) the failure of either party to assert any right under these Terms will not be considered a waiver of that party’s rights, and those rights will remain in full force and effect; (iii) you agree that any claim or cause of action in respect of this Site or its services must be filed within one (1) year after such claim or cause of action arose, or it will be forever barred, without regard to any contrary law, if allowed by law; (iv) Killer Shrimp may assign its rights and obligations under these Terms; in this event, Killer Shrimp will be relieved of any further obligations.
22 Contact us
For questions about these Terms, ticketing, reservations, or our Venues, contact:
Killer Shrimp Marina del Rey, LP
For Killer Shrimp Restaurant & Bar, Killer Café, Killer Yacht Club, and the Overkill Room
4211 Admiralty Way, Marina del Rey, CA 90292
Email: info@killershrimp.com
Telephone: 310-578-2293
23 Updates to this statement
We may update this statement to reflect changes to our services and accessibility practices. The date above indicates when it was last updated.