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These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”, “Ticket Buyer”) and ARTech Holdings LLC (“we, “us”, or “our”), concerning your access to and use of the ON THE STAGE website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”).
In order to help make the Site a secure environment for the purchase and sale of Marketplace Offerings (“Offerings), all users are required to accept and comply with these Terms Of Service. You agree that by accessing the Site and/or the Offerings, you have read, understood, and agree to be bound by all Terms of Service. IF YOU DO NOT AGREE WITH ALL TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND/OR THE OFFERINGS AND MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. ON THE STAGE reserves the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason. The Ticket Buyer may also be subject to additional terms and conditions that are required by each Ticket Seller. Ticket Buyer should request, locate and familiarize themselves with the policies of any venue at which they may attend an event.
You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any reviewed Terms of Service by your continued use of the Site after the date such revised Terms of Service are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from their location do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Function of ON THE STAGE
ON THE STAGE facilitates the sale of tickets by Ticket Sellers by providing access to the Site to create a market place from which tickets can be purchased by Ticket Buyers. ON THE STAGE provides Ticket Sellers with an online presence and facilitates access to a secure payment gateway. Each ticket is issued at the discretion of the Ticket Seller. As such, except as specified in these Terms of Service, ON THE STAGE is not liable for any dispute that may arise between a Ticket Buyer and Ticket Seller’s event(s), or transactions that occur between you and the Ticket Seller including, but not limited to, ticket purchases, merchandise purchases, or monetary donations.
ON THE STAGE provides a paperless ticketing solution to Ticket Sellers. We have no control over ticket price points and/or any ancillary fees charged by the Ticket Seller during your transaction. You acknowledge that ON THE STAGE acts as a transaction broker between the Ticket Seller and the Ticket Buyer. Any claims with respect to the purchase of tickets, inclusive of subscriptions and/or group sales, including but not limited to claims that arise due to cancellation or postponement of events, or monetary donations made through the Ticket Seller’s site, are solely between the Ticket Buyer and the Ticket Seller. To the extent permitted by law, ON THE STAGE takes no responsibility or liability for such claims.
By using the Site or Offerings, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Service; (2) as it pertains to making an online purchase, you are not classified as a minor in the jurisdiction in which you are located; (3) you will not access the Site or Offerings through automated or non-human means, whether through a bot, script or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site or Offering will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, ON THE STAGE reserves the right to refuse any and all current or future use of the Site (or any portion thereof).
We are a third-party service provider and make no representations as to the safety, effectiveness, adequacy, accuracy, availability, prices, ratings, reviews, or legality of any of the information contained on a ticket seller’s site, or their Offerings displayed, or offered through ON THE STAGE. You understand and agree that the content of a ticket seller’s site does not contain or constitute representation to be reasonably relied upon, and you agree to hold us harmless from any errors, omissions, or misrepresentations contained within the Ticket Seller’s Site from which you make a purchase. We do not recommend any Offerings, and the Site is provided for informational and advertising purposes only.
ON THE STAGE makes every effort to display as accurately as possible the colors, feature, specifications, and details of the Offerings available on the Site. However, we do not guarantee that the colors, features, specifications, and the details of the Offerings will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All Offerings are subject to availability at the time of the transaction, and we cannot guarantee that Offerings will be in stock. Certain Offerings may have limited quantities and are subject to return or exchange only according to the Ticket Seller’s Refund and/or Return Policy.
The Ticket Seller reserves the right to limit the quantities of the Offerings offered or available on the Site. All descriptions or pricing of the Offerings are subject to change at any time without notice, at the Ticket Seller’s sole discretion. ON THE STAGE reserves the right to discontinue any Offerings at any time for any reason. We do not warrant that the quality of any of the Offerings purchased by you will meet your expectation or that any errors in the Ticket Seller Site will be corrected.
Purchases and payments
ON THE STAGE accepts the following forms of payment:
You agree to provide current, complete, and accurate information for all Offerings purchases made via the Ticket Seller’s Site. At the direction of the Ticket Seller, sales tax may be added to the price of all applicable purchases. All payment transactions shall be in US dollars.
You agree to pay all charges, at the prices in effect at the time of purchase, including but not limited to any applicable taxes, fees, or shipping charges. You authorize ON THE STAGE to charge your chosen payment provider for any such authorized amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel ticket quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or block transactions that, in our sole judgement, appear to be placed by dealers, resellers, distributors, or any other Ticket Buyer deemed to be suspicious or attempting to make an illegitimate transaction.
We do not control the inventory or the ticket availability for any event. The prices for each ticket and event are set solely by and at the discretion of the Ticket Seller.
Refunds, exchanges, and any other requests relating to your ticket purchase or other transaction are the sole responsibility of the Ticket Seller.
If you submit an unwarranted dispute with your payment provider for a purchase made through the Site, the cost of the dispute will be charged to the Ticket Seller.
You may not access or use the Site for any purpose other than that for which ON THE STAGE makes the site available. The Site may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us:
As a user of the Site, you agree not to:
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Offerings (“Submissions”) provided by you to use are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial, or otherwise, without acknowledgement or compensation to you. You hereby warrant that any such submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your submissions.
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from our Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Offerings.
Terms and Termination
These Terms of Service shall remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE OFFERINGS OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Modification and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Offerings.
We cannot guarantee the Site and the Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors, We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site of the Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Offerings during any downtime or discontinuance of the Site or the Offerings. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or the Offerings or to supply any corrections, updates, or releases in connection therewith.
These Terms of Service and your use of the Site and the Offerings are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
By agreeing to the Terms of Service, you waive any present or future right that you may have to a trial by jury, and agree that any controversy or claim arising out of or relating to these Terms of Service, or the breach thereof, shall be settled by arbitration within the State and City of New York, and shall be administered by the American Arbitration Association under its Commercial Arbitration Rules. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any judgment of award rendered by the arbitrator(s), which will be the final ruling, shall include a written record of the arbitration hearing and may be entered in any court having jurisdiction thereof.
THE SITE AND THE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OF THE OFFERINGS, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of liability
IN NO EVENT WILL OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OF THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE DORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of : (1) use of the Offerings; (2) breach of these Terms of Service; (3) any breach of your representations and warranties set forth in these Terms of Service; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site or the Offerings with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware if it.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Offerings, as well as data relating to your use of the Offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirements that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC, DELIVERY OF NOTICE, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
These Terms of Service and any policies are operating rules posted by us on the Site or in respect to the Offerings constitute the entire agreement and understanding between you and ON THE STAGE. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision is deemed severable from the Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
Last updated 22 April 2019