SHOWTIX4U TICKET PURCHASING AGREEMENT
THIS AGREEMENT FOR TICKET PURCHASING SERVICES ("Agreement") is made by and between Digital Theatre, a Nevada company, with an address of PO Box 36133, Las Vegas, Nevada 89133 ("Company," "ShowTix4U," "Digital Theatre," "We," "Us," or "Our" ), which is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow You ("Purchaser," "Buyer," or "Holder,") access to, or participation in, events, venues and other activities (collectively, "Event") and You a person, organization, or other entity who wishes to attend, access, or participate in said Event. The parties hereby agree as follows:
1. Term. The term of this Agreement shall begin on the date which You click the "NEW Customer Checkout" or "Proceed To Checkout" buttons and shall continue until terminated by either party as provided in Section Eighteen (18).
2. Our Services and Responsibilities. Digital Theatre shall provide the following services under this Agreement: (a) Display and list Events as submitted by the Event organizer, promoter, producer, presenter, or manager (collectively "Promoter"); (b) accept and process Your on-line orders for tickets to the Event that You wish to attend; and (c) provide You with a confirmation email of your transaction.
3. Pricing and Availability. The Promoter, in its sole discretion, determines factors such as ticket pricing, availability, and seating locations. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. Digital Theatre exerts no control or authority over the Promoter, ticket prices, availability, seating locations, or any other companies which may be selling tickets to the Events listed on Our site.
4. Payment and Service Charges. Digital Theatre accepts several methods of payment for purchase of your tickets: Visa, MasterCard, Discover/Novus. Any tickets purchased on Our site are subject to a per-ticket service charge, as shown prior to the time of Your ticket purchase. Your order will be processed after Your billing address has been verified. If We are unable to verify this address, We will attempt to contact You at the e-mail address that You provided when You registered to use Our service. If We are unable to contact You, or You do not respond within seven (7) days, We reserve the right, in Our sole discretion, to cancel Your order and to sell Your tickets to another purchaser.
5. Ticket Limit. You will be limited to a certain number of tickets for each Event. The Event listing will contain the maximum number of tickets available to each Purchaser and will be verified for each transaction. This policy is intended to discourage other buyers from engaging in unfair trade practices. If We learn that You are purchasing more than the pre-determined number of tickets for an Event and engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate your account and cancel your ticket purchase.
6. No Refunds or Exchanges. Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the Event, Event restrictions (if any, pursuant to Section Nine (9)), dates, pricing, charges, and seat selection. We will not issue any refunds or exchanges because You failed to review this information. We will also not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as otherwise provided in this Agreement.
7. Ticket Delivery. If the Event offers electronic ticket delivery, You will be able to print Your tickets almost immediately after Your order is processed. These tickets contain a unique bar code that corresponds to Your order and must be brought with You to the Event. If You do not have a printer or are unable to print Your tickets, You must write down or otherwise record the confirmation information displayed on Your screen and bring it with You or You will not be able to access to the Event. Some Events will require a physical ticket. These tickets will either be shipped to You from Us or from the venue where the Event will be held. Some Events will require You to proceed to the call window to obtain your tickets prior to entry. Other Events will allow You to be admitted directly. All of this information will be displayed on the Event listing, so please read and review the Event listing carefully.
8. Event Admittance. You must bring printed tickets and/or the confirmation information with You to the event. Additonally, while not all events require identification, on some occasions, government-issued identification will be required by the promotor. For this reason, we recommend that you bring a valid and current government-issued photo identification ("ID") with You to the Event. When arriving at an event, there will only be one entry per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted.
9. Event Restrictions. Some Events listed on Our site may have certain restrictions. For example, some Events will only admit people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Event restriction applies to You (and your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Event due to a restriction.
10. Cancelled or Rescheduled Events. Occasionally, an Event is cancelled or postponed by the Promoter due to weather or other unforeseen circumstances. All refunds for events cancelled by the Promoter will be handled by the Promoter and not Digital Theatre. In certain instances, We may also cancel an Event due to problems with the Promoter or the Event listing. If this happens, We will issue a refund as quickly as possible. There may be up to a $1.00 per ticket service fee in addition to a Four Percent (4.0%) transaction fee on all refunds. If You learn that an Event is cancelled, moved, or rescheduled, please contact the event Promoter on receiving a refund.
11. Transfer. Tickets purchased by You may be transferred to other parties. If you are purchasing tickets for Yourself and on behalf of other parties, You, as the primary ticket holder, may resell or transfer these tickets to the other parties. When arriving at an event, there will only be one entry per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted. It is your sole responsibility to comply with any applicable federal, state, or local laws that relate to the reselling, transfer, or scalping of tickets. Tickets purchased from any party other than Digital Theatre carry a great risk of being fraudulent.
12. International Orders. We can only process orders internationally if You have a domestic shipping address within the United States.
13. Customer Support. Digital Theatre will provide an e-mail link should You have any questions or difficulties which may arise in connection with Your use of Our website. We attempt to answer your questions in a timely manner, but make no guarantees that We will respond to your inquiry by a particular time.
14. Representations and Warranties. You represent and warrant the following: (i) You are over eighteen (18) years of age; (ii) You have the right, power, and authority to enter into and perform this Agreement; (iii) You are not a re-seller, wholesaler, or bulk purchaser of tickets; (iv) You will not use Our website or service for any unacceptable uses; (v) You will not use Our website or service to violate any federal, state, and/or local law; and (vi) You will only use Our website or service to transmit and disseminate information related to Your ticket purchase and Event information.
15. Disclaimer of Warranties. THE DIGITAL THEATRE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SERVICE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (A) ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (C) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (D) THAT ANY INFORMATION OR MATERIAL OBTAINED FROM THE SITE WILL BE ACCURATE, RELIABLE, COMPLETE, OR FREE FROM VIRUSES OR OTHER FORMS OF MALICIOUS OR DESTRUCTIVE CODE. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US, WHETHER IN ORAL, WRITTEN, OR ELECTRONIC FORM, RELATING TO YOUR USE OF THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
16. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (A) YOUR USE OR INABILITY TO USE THE SITE; (B) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (C) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (D) ANY MATERIAL OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (E) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND (F) ANY PROBLEMS OR DIFFICULTIES THAT ARISE PERTAINING TO THE ISSUANCE OR PROCESSING OF TICKETS OR WITH THE EVENT ITSELF, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LIMITED TO THE TOTAL SERVICE CHARGES PAID BY YOU TO US FOR YOUR MOST RECENT TICKET PURCHASE AND SHALL NOT EXCEED THAT AMOUNT.
17. Indemnification. You agree to indemnify, hold harmless, and defend Us, Our directors, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (a) this Agreement and/or any breach by You thereof; (b) Your use of the site, including any data, content, or work transmitted or received by You; (c) any unacceptable or objectionable use of the website, as we determine at Our sole discretion; and (d) any negligent or willful misconduct by You.
18. Termination. Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) days notice to the other as provided in Section Twenty-Eight (28).
19. Independent Contractors. Digital Theatre and You are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
21. No Assignment or Delegation. No rights, obligations, or duties of this Agreement shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.
23. Modification and Amendment. We have the right, at any time and without notice, to add to or modify the terms of this Agreement, by delivering such amended terms to You by e-mail at the address provided to Us by You. Your access to or use of the site after the date such amended terms are delivered to You shall be deemed to constitute acceptance of such amended terms. No modification made by You shall be binding upon Us unless it is made in writing and signed by Us.
24. Force Majeure. If the performance of any part of this Agreement by either party is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
25. Severability. If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of this Agreement, which shall be enforceable to the fullest extent permitted by law.
26. Arbitration. Any controversy or claim arising out of or relating to this Agreement or a breach thereof, with the exception of any injunctive or equitable relief sought by Us for any violation of this Agreement, shall be submitted to binding arbitration in Las Vegas, Nevada in accordance with the rules and procedures of the American Arbitration Association ("AAA"), with the exception of any conflicts-of-law provisions.
27. Governing Law and Forum. This Agreement is made in, and shall be governed by, the laws of Nevada, excluding its conflicts-of-law provisions. If, for any reason, the Arbitration provision contained in Section Twenty-Six (26) shall be found to be invalid or unenforceable in any respect, or You decide to challenge the arbitrator's decision or this Agreement, or We initiate equitable proceedings, all actions, claims, or disputes arising under or relating to this Agreement shall be brought in the federal or state courts of Las Vegas, Nevada. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you by the federal and/or state courts in Nevada. You hereby irrevocably waive any and all objections which You may now or hereafter have to the exercise of personal and subject matter jurisdiction by the federal or state courts in Nevada and to the venue of any such suit, action, or proceeding brought in any federal or state court in Las Vegas, Nevada.
29. Security. Digital Theatre will take reasonable measures to maintain Your data in a secure manner. We do not store credit card information. We will provide You with an account ID and password that allows You to add, modify, or update Your account data on Our server. You shall be solely responsible for the confidentiality of Your ID and password and for any authorized or unauthorized access to this site by any person using Your ID and/or password. You agree to notify Us immediately of any unauthorized use of Your password, ID, or any other breach of security discovered by You.
30. Survivability. The respective rights and obligations of the parties under Sections Fourteen (14) through Seventeen (17), inclusive, and Sections Twenty-Six (26) and Twenty-Seven (27) and as otherwise provided in this Agreement, shall survive any termination or expiration of this Agreement.
31. Remedies. In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement shall be construed as prohibiting Us from pursuing any other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
32. Benefit. Except as otherwise expressly provided herein, this Agreement shall inure to the benefit of and be binding upon both parties, their heirs, executors, administrators, and legal representatives.
33. Credit Card Fraud. Digital Theatre, and it's credit card processors, use security measures to screen Our clients who process credit cards through ShowTix4U.com. Digital Theatre shall hold no liability for the fraudulent use or processing of credit card information by any of Our clients. If fraudulent use is suspected, the client's account will be immediately terminated and appropriate legal action will be taken, if necessary.
34. Headings and Order. The headings and sequential order of the sections contained in this Agreement are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of this Agreement.