Terms
of Use
Introduction to Terms of Use
Welcome to TicketWeb, the leading provider of Internet-based box-office
ticketing software and services. The following are the Terms of
Use (“Terms”) that govern the use of the TicketWeb website
(“Site”). By using this Site, you expressly agree to
follow and to be bound by the Terms and any and all applicable laws
and regulations governing the Site. TicketWeb reserves the right,
at its sole discretion, to change, modify, add or remove any portion
of the Terms, in whole or in part, at any time. Such changes will
be effective immediately upon posting on the Site and the posting
will constitute sufficient notice for a change in terms.
As a condition of your use of the site, you acknowledge that you
have carefully read the Terms and that you accept all provisions
contained in the Terms. If you do not agree to the Terms, you may
not access or otherwise use the Site.
If you violate any of these Terms, TicketWeb may terminate your
use of the Site, prohibit your future use of the Site, cancel your
ticket order, and/or take appropriate legal action against you.
TicketWeb is not required to provide any refund to you if you are
terminated as a user because you have violated these Terms.
TicketWeb reserves the right to modify these Terms of Use. You
agree that you will periodically check and review these terms to
keep informed of any changes.
Changes to the Site by TicketWeb
TicketWeb may change, suspend or discontinue any aspect of
the Site at any time, including the availability of any Site feature,
database or content. TicketWeb may also impose limits on certain
features and services or restrict your access to parts or all of
the Site without notice or liability.
Authorized Use of the Site
You may use information provided on this site only for your
personal use. You agree that you will not duplicate, download, publish,
modify, distribute or otherwise use the material on this Site for
any purpose other than to review event and promotional information,
for personal use, or to purchase tickets or other offered items,
unless otherwise authorized in writing by TicketWeb. All content
and software on this Site is the property of TicketWeb and/or its
suppliers and is protected by U.S. and international copyright law.
Contributions to the Site
TicketWeb cannot and does not review all materials posted
to the Site by suppliers and other third parties. TicketWeb is not
liable or responsible for any information or content posted, linked,
or otherwise provided by third parties to the Site. The contributions
of third parties do not necessarily represent the views or opinions
of TicketWeb.
Users can be held liable for any illegal or prohibited content
they provide to the Site, including, but not limited to, infringing,
defamatory or offensive materials. If you discover this kind of
material on the Site, please notify us immediately. TicketWeb will
investigate your claim and take any actions deemed appropriate at
our sole discretion. TicketWeb reserves the right at all times to
disclose any information as necessary to satisfy any law, regulation
or government request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, that in TicketWeb’s
sole discretion are deemed objectionable or in violation of the
Terms.
If, as a user of this Site, you post messages, upload files, input
data or engage in any other form of communication to the Site, you
grant TicketWeb a perpetual, worldwide, irrevocable, unrestricted,
non-exclusive, royalty-free license to use, copy, license, sublicense,
adapt, distribute, display, publicly perform, reproduce, transmit,
modify, edit and otherwise use such communications, in all media
now known or hereafter developed. You hereby waive all rights to
any claims against TicketWeb for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral
rights, and rights of attribution in connection with such communications.
You acknowledge that, except for your account information, transmissions
to and from this Site are not confidential and your communications
may be read or intercepted by others. You acknowledge that by submitting
communications to TicketWeb, no confidential, fiduciary, contractually
implied or other relationship is created between you and TicketWeb
other than pursuant to these Terms.
Your TicketWeb account information is not posted on the Site for
other users to view and is subject to our Privacy Policy. Other
than in your registration form, account profile, or when entering
a contest on the Site that is sponsored by us, you should not post
information about yourself while using the Site that can be used
to identify you, your home or work address, phone numbers, pagers,
email address or other such information. TicketWeb cannot prevent
such information from being used in a manner that violates these
rules, the law, or your personal privacy and safety. By posting
such information on the Site other than in your registration form,
you violate these Terms, and you assume the risks and liability
for the results of such posting.
Prohibited Content
The following is a partial list of content that is illegal or prohibited
on the Site. Illegal or prohibited content includes any content
that:
- Is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred, or physical harm of any
kind against any group or individual;
- Displays pornographic or sexually explicit material of any
kind;
- Provides material that exploits people under the age of 18 in
a sexual or violent manner, or solicits personal information from
anyone under 18;
- Could be harmful to minors;
- Promotes information that is false, misleading or promotes
activities or conduct that would constitute a criminal offense,
give rise to civil liability or otherwise violate the law or conduct
that is abusive, threatening, vulgar, obscene, profane defamatory
or libelous;
- Harasses or advocates harassment of another person;
- Violates, plagiarizes or infringes the rights of third parties,
including, without limitation, copyright, trademark, patent, rights
of privacy or publicity or any other proprietary rights;
- Contains a computer virus or other harmful component;
- Provides instructional information about illegal activities
such as making or buying illegal weapons, violating someone’s
privacy, or providing or creating computer viruses or other harmful
components;
- Solicits passwords or personal identifying information for commercial
or unlawful purposes from other users;
- Involves the transmission of “junk mail,” “chain
letters,” or any type of unsolicited mass mailing;
- Engages in commercial activities and/or sales without our prior
written consent, such as contests, sweepstakes, barter, advertising
and pyramid schemes;
- Contains advertising or any solicitation with respect to products
or services, unless TicketWeb expressly approves such material
in advance of its transmission; or
- Restricts or inhibits any other user from using and enjoying
the Site.
Links to Third Party Sites
During your use of this Site you may be linked to other third party
Sites on the World Wide Web. TicketWeb has no control over these
sites and no responsibility whatsoever for the content contained
within them. TicketWeb cannot guarantee, represent or warrant that
the content contained in these sites is accurate, legal, and/or
inoffensive. Links to and from TicketWeb to other sites maintained
by third parties do not constitute an endorsement by TicketWeb of
any third party resources or their contents, nor does TicketWeb
warrant that they will not contain computer viruses or otherwise
impact your computer.
By using the Site to search for or link to another site, you agree
and understand that you may not make any claim against TicketWeb
for any damages or losses resulting from your use of this Site to
link to another site. If you have a problem with a link from the
Site, please notify us and we will investigate your claim and take
any actions we deem appropriate in our sole discretion.
Commercial Use of the Site Prohibited
You may not use this Site for any commercial purposes. You must
obtain TicketWeb’s prior written consent to make commercial
offers of any kind, whether by advertising, solicitations, links,
or any other form of communication. We will investigate and take
appropriate legal action against anyone who violates this provision,
including, without limitation, removing the offending communication
from the Site and barring such violators from use of the Site.
Copyright Policy
We will terminate the privileges of any user who uses this Site
to unlawfully transmit copyrighted material without a license, express
consent, valid defense or fair use exemption to do so. Users who
submit content to this Site, whether articles, images, stories,
software or other copyrightable material, must ensure that the content
they upload does not infringe the copyrights or other rights of
the third parties (such as privacy or publicity rights). After proper
notification by the copyright holder or its agent to us, and confirmation
through court order or admission by the user that they have used
this Site as an instrument of unlawful infringement, we will terminate
the infringing user's rights to use and/or access this Site. We
may also, at our sole discretion, terminate a user's rights to use
or access the Site prior to that time if we believe that the alleged
infringement has occurred.
The Site is copyrighted as a collective work or compilation. The
Site also contains copyrighted material, trademarks, and other proprietary
information, some of which is owned by TicketWeb and some of which
is owned by third parties. Except for your personal use only, and
except as may be otherwise permitted by copyright law, you may not
modify, publish, transmit, participate in the transfer or sale,
create derivative works or in any way use any of the content of
the Site, in whole or in part. Further, except as otherwise expressly
permitted under copyright law, no copying, redistribution, retransmission,
publication or commercial use of downloaded material will be permitted
without the express written consent of TicketWeb, and by the copyright
owner if other than TicketWeb. If any copying, redistribution, or
publication of copyrighted material from the Site is permitted,
you may not make any changes in or deletion of author attribution,
trademark legend or copyright notice. You acknowledge that you do
not acquire any ownership rights by downloading copyrighted material.
Trademarks
In addition to the copyright and trademark protection discussed
above, “TicketWeb”, “TicketWeb.com”, “The
Online Ticketing Alternative,” as well as their stylized versions,
are trademarks of TicketWeb. All rights reserved. Other trademarks
appearing on the Site, or on the tickets sold through the Site,
are the property of their respective owners. You agree not to use
any trademarks on the Site without the express written permission
of TicketWeb.
Disclaimers
TicketWeb does not represent or endorse the accuracy or reliability
of any advice, opinion, statement or other information displayed
or distributed through the Site. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum or information
shall be at your sole risk. TicketWeb reserves the right, at its
sole discretion, to correct any errors or omissions in any portion
of the Site.
The TicketWeb Site, including all content, software, functions,
materials and information made available on or accessed through
the Site, is provided “as is.” To the fullest extent
permissible by law, TicketWeb makes no representation or warranties
of any kind whatsoever for the content on the Site or the materials,
information and functions made accessible by the software used on
or accessed through the Site, for any products or services or hypertext
links to third parties or for any breach of security associated
with the transmission of sensitive information through the Site
or any linked site. Further, TicketWeb disclaims any express or
implied warranties, including, without limitation, non-infringement,
merchantability or fitness for a particular purpose. TicketWeb does
not warrant that the functions contained in the Site or any materials
or content contained therein will be uninterrupted or error free,
that defects will be corrected, or that the Site or the server that
makes it available is free of viruses or other harmful components.
TicketWeb does not warrant that the Site will provide specific results
from use of the Site or any content, search or link on it.
TicketWeb shall not be liable for the use of the Site, including,
without limitation, the content and any errors contained therein.
TicketWeb will not be liable for any damages, foreseen or unforeseen,
of any kind arising from the use of, or inability to use, this Site,
including, without limitation, direct, indirect, incidental and
punitive and consequential damages.
TicketWeb disclaims any and all liability for the acts, omissions
and conduct of any third party users, TicketWeb users, advertisers
and/or sponsors on the Site, in connection with the TicketWeb service
or otherwise related to your use of the Site and/or the TicketWeb
service.
TicketWeb is not responsible for the products, services, actions
or failure to act of any venue, performer, promoter or other third
party in connection with or referenced on the Site. Without limiting
the foregoing, you may report the misconduct of users and/or third
party advertisers, service and/or product providers referenced on
or included in the Site to TicketWeb. TicketWeb may investigate
the claim and take appropriate action, at its sole discretion.
Except in jurisdictions where such provisions are restricted,
in no event will TicketWeb be liable to you for any indirect, consequential,
exemplary, incidental, special or punitive damages, including lost
profits, even if TicketWeb has been advised of the possibility of
such damages.
Ticket Purchase Policy
TicketWeb sells tickets on behalf of promoters, teams, bands, venues
and event planners. TicketWeb does not have any role whatsoever
in setting the ticket prices or determining seating locations. Policies
set by our clients prohibit us from issuing exchanges or refunds
after a purchase has been made or for lost, stolen, damaged or destroyed
tickets. Therefore, when you receive your tickets it is extremely
important that you keep them in a safe place.
Ticket delivery times may vary. Therefore, please ensure that
you allow enough time for the delivery of your order. If by mail,
please allow at least ten (10) business days after you place your
order to receive your tickets. For UPS delivery, allow at least
three (3) business days for delivery. These delivery times are approximate
and TicketWeb is not responsible for deliveries that take longer
than the estimated times stated above. If you have not received
your tickets within ten (10) days of your purchase, please contact
us.
CANCELLATIONS AND RESCHEDULES: IF YOUR TICKET IS FOR AN EVENT
THAT IS CANCELLED OR RESCHEDULED, MANAGEMENT SHALL NOT BE REQUIRED
TO ISSUE A REFUND PROVIDED THAT YOU ARE GIVEN THE OPPORTUNITY, WITHIN
6 MONTHS OF THE DATE OF THE ORIGINAL EVENT, TO ATTEND A RESCHEDULED
PERFORMANCE OF THE SAME EVENT OR TO EXCHANGE THIS TICKET FOR ANOTHER
TICKET, COMPARABLE IN PRICE AND LOCATION, TO ANOTHER SIMILAR EVENT
AS DESIGNATED BY MANAGEMENT, EXCEPT AS OTHERWISE PROVIDED BY LAW.
SUBJECT TO APPLICABLE LAW, A PORTION OF TICKETWEB'S SERVICE FEE
MAY BE NON-REFUNDABLE.
SUBJECT TO APPLICABLE LAW, ANY SUCH REFUND OR EXCHANGE FOR TICKETS
IS FURTHER CONDITIONED ON TICKETWEB'S RECEIPT OF (1) ELECTRONIC
NOTIFICATION WITHIN 24 HOURS AFTER THE ORIGINALLY SCHEDULED
EVENT IS CANCELLED OR RESCHEDULED, AND (2) THE ORIGINAL TICKET,
WITH TICKETSTUB ATTACHED, AT P.O. BOX 77250, SAN FRANCISCO, CA 94107-0250
WITHIN THE FIRST TO OCCUR OF (A) THE DATE THAT IS 30 DAYS AFTER
THE ORIGINALLY SCHEDULED EVENT OR (B) THE DATE THAT IS AT LEAST
24 HOURS PRIOR TO THE DATE OF ANY NEWLY SCHEDULED EVENT.
TICKET HOLDER VOLUNTARILY ASSUMES ALL RISKS AND DANGER INCIDENTAL
TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER OCCURRING PRIOR
TO, DURING OR AFTER THE EVENT. HOLDER VOLUNTARILY AGREES THAT THE
MANAGEMENT, FACILITY, LEAGUE, PARTICIPANTS, PARTICIPATING CLUBS,
TICKETWEB, AND ALL OF THEIR RESPECTIVE AGENTS, OFFICERS, DIRECTORS,
OWNERS AND EMPLOYEES ARE EXPRESSLY RELEASED BY HOLDER FROM ANY CLAIMS
ARISING FROM SUCH CAUSES.
Management reserves the right, without the refund of any portion
of the ticket purchase price, to refuse admission to or eject any
person whose conduct is deemed by management to be disorderly or
who fails to comply with these or any other management rules. Breach
of any of the foregoing will automatically terminate this license.
NO REFUNDS. NO EXCHANGES EXCEPT AS PROVIDED HEREIN. EVENT DATE &
TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED.
Your ticket is a revocable license and admission may be refused
at any time for any reason, subject to applicable law. Unlawful
resale or attempted resale is grounds for seizure and cancellation
without compensation. Your ticket is not valid unless purchased
from an authorized ticket seller. Tickets obtained from unauthorized
sources may be lost, stolen or counterfeit, and if so are void.
DO NOT EXPOSE TICKETS TO EXTREME HEAT.
Certain maximum resale premiums and restrictions may apply such
as: PA - $5 or 25% of the ticket price, whichever is greater, plus
lawful taxes; MA - $2; CT - a reasonable charge, but not more than
$3; NY - $5 or 20% of the established price, whichever is greater,
plus lawful taxes; NJ - $3 or 20% of the ticket price (or 50% of
acquisition price if registered broker or season ticket holder),
whichever is greater, plus lawful taxes. Purchaser may be able,
in some instances, to purchase tickets directly from the venue box
office without paying TicketWeb's convenience fee.
NY: Your ticket may not be resold by an unlicensed vendor within
one thousand five hundred feet from the physical structure of the
place of entertainment under penalty of law.
Outdoor Baseball Rain Check: If your ticket is for a baseball game
and the game is not played for any reason, then your ticket can
only be exchanged or refunded, if at all, at the box office where
the baseball game was to occur, subject to availability and the
policies and procedures of such box office.
Holder agrees by use of the ticket, not to transmit or aid in
transmitting any description, account, picture, or reproduction
of the game, performance, exhibition or event for which the ticket
is issued. Holder acknowledges that the event may be broadcast or
otherwise publicized, and hereby grants permission to utilize holder's
image or likeness in connection with any live or recorded transmission
or reproduction of such event.
In conformance with some local requirements or certain facility
rules, certain items, may not be brought into the premises, including
without limitation, alcoholic beverages, illegal drugs, controlled
substances, cameras, recording devices, bundles and containers of
any kind. Your ticket cannot be replaced if lost, stolen or destroyed,
and is valid only for the event and seat for which it is issued.
Your ticket is not redeemable for cash and bears no cash value.
It is unlawful to reproduce your ticket in any form. Unless indicated
otherwise, price includes all applicable taxes and/or cash discounts
(if available).
Disputes with TicketWeb
If there is any dispute about or involving the Site, by using the
Site, you agree that the dispute will be governed by and construed
in accordance with the laws of the State of California without regard
to its conflict of law provisions. You agree to personal jurisdiction
by and venue in the state and federal courts located in Northern
California.
These Terms constitute the entire agreement between TicketWeb
and you with respect to your use of the Site. Any cause of action
you may have with respect to your use of the Site must be commenced
within time limits set by law, generally one (1) year after the
claim or cause of action arises.
If for any reason a court of competent jurisdiction finds any
provision of these Terms, or portion thereof, to be unenforceable,
that provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Terms, and the remainder of the
Terms shall continue in full force and effect.
Indemnity
You agree to indemnify and hold harmless TicketWeb and all its officers,
directors, owners, agents, employees, information providers, licensors
and licensees from any loss, liability, claim or demand, including
but not limited to attorney’s fees and costs, due to or arising
out of your use of the Site or your breach of this agreement, including
also your use of the Site to provide a link to another site or to
upload content or other information to the Site. TicketWeb reserves
the right, at its own expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification by you
and you shall not in any event settle any such matter without the
written consent of TicketWeb.
TicketWeb is a registered trademark of TicketWeb. All rights reserved. |
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