Patron Terms of Sales

On The Stage Streaming Service Terms of Sale

Last Updated: 27 October 2020

TABLE OF CONTENTS 

1. Introduction

2. Order Acceptance and Billing

3. Pricing and Sales Tax

4. Payment Methods

5. Discount Codes

6. Shipping

7. Cancellations

8. Returns and Exchanges

9. Promotions

10. Dispute Resolution

11. Disclaimers and Warranties

12. Governing Law and Jurisdiction

13. Contact

1. Introduction

These Terms of Sale are Additional Terms subject to our Terms of Use and set forth a

legally binding agreement between you and On The Stage (a dba of ARTech Holdings LLC) (“OTS”, “we”, “us”, “our”) and govern online transactions for tickets or donations  (collectively, “Orders”) initiated or completed on the OTS Online Streaming Service, https://www.onthestage.com, (the “Service”). By using the Service and placing Orders, you acknowledge and accept these Terms of Sale. These Terms of Sale are subject to change without prior written notice at any time, in our sole discretion. The latest version of these Terms of Sale will be posted on the Service, and you should review these before placing any Orders through the Service. Your continued use of the Service after a posted change in these Terms will constitute your acceptance of and agreement to such changes. When such a change is made, we will update the “Last Updated” date at the top of this page.

These Terms of Sale are an integral part of the Terms of Use that apply to the use of the Service generally. You should also carefully review our Privacy Policy before placing an Order through the Service. When you place an Order on the Service it is an offer to enter into these Terms of Sale with respect to that Order.

2. Order Acceptance and Billing

Information regarding acceptable payment methods is provided during the checkout process. Your Order cannot be processed without correct billing information, and we cannot make changes to your Order after it is placed.

Before accepting an Order, we may request additional information from you, and we reserve the right to reject Orders or to cancel them after acceptance. By confirming your purchase during the checkout process, you agree to pay for the Order.

We may put an authorization hold on your debit/credit card when you place your Order, which should be removed by your card-issuing bank once your card has been charged. Please note that OTS doesn’t control how long authorization holds stay on your account. You may call your card-issuing bank if you have further questions.

To be eligible to complete an Order, you must be at least the age of majority where you reside (18 years old in most states).

3. Pricing and Sales Tax

All prices are in U.S. dollars. All prices posted on the Service are subject to change without notice. The price charged for a product or service will be the price in effect at the time the Order is placed. Prices listed on the Service do not include taxes or charges for shipping and handling. We are not responsible for pricing, typographical, or other errors on the Service by us and we reserve the right to cancel any Orders arising from such errors. Sales tax is charged on Orders where applicable. The sales tax will be based on the state of the shipping address. Please note that some states charge sales tax on shipping fees as well.

4. Payment Methods

We accept payment methods as indicated during the checkout process. We are not responsible for external payment processor practices or their terms. By placing an Order, you represent and

warrant that the payment information you supply to us is accurate, you are duly authorized to

use the designated payment method, and that you authorize us, or our payment processor, to

charge your designated payment method. We reserve the right to automatically suspend or cancel

your Order if we cannot verify the payment method you designate, or if it is invalid or otherwise

not acceptable.

5. Discount Codes

When using a coupon or promotion code, only one can be applied to your Order at a time. Once the code is applied, the subtotal of your Order will be adjusted. If it is a shipping promotion,

as long as the correct shipping method is selected, the cost of shipping will adjust. Please make

sure that you review and understand the promotional details to confirm your Order qualifies for the promotion.

6. Shipping

A. Ticket Orders. For ticket Orders, you are limited to purchase one ticket per each device that you choose to stream the content on. To redeem your ticket, you must activate the ticket link we email to you within 30 days after purchase. Once you activate the link, you have 24 hours to stream the content before the link deactivates. Once the link is deactivated, you must purchase a new ticket if you would like to stream the content again. You shall not share your ticket link with any other person or device in a way that results in the link being used on more than one device or in a way that circumvents the 24-hour activation or 30-day ticket time limits.

B. Donation Orders. Donation Order proceeds, while facilitated by OTS and its vendor, are meant to benefit the entity that you choose to donate to. OTS and its vendor may require a service or fee charge for providing a donation process on the Service.

7. Cancellations

To the fullest extent permitted by applicable law, we may refuse or cancel an Order for any

reason including limitations on the quantity available, eligibility requirements, inaccuracies or

errors in pricing information, or problems identified by our credit and fraud avoidance partners.

We are not responsible for pricing, typographical, or other errors and we reserve the right to cancel any Orders arising from such errors, even after your receipt of an Order confirmation. If your Order is canceled after your payment method has been charged, we will issue a credit to your payment method in the amount of the charge.  OTS may, at its discretion and as permitted by applicable law, either contact you for instructions or cancel your Order and notify you of such cancellation.

Otherwise, Orders are not eligible for cancellations by you.

8. Returns and Exchanges

A. Ticket Orders. To be eligible for a refund on your ticket Order, you must return the ticket without having activated the ticket link we provided you by email. Once the ticket link is activated, the ticket is nonrefundable. The ticket must be returned before the 30 days after purchase or else the ticket is deemed nonrefundable.

You may also choose to exchange your ticket Order. In order to exchange a ticket Order, you must not activate the original ticket link we provided you by email. Once the ticket link is activated, the ticket is nonexchangeable. To exchange a ticket Order, you must contact us at stream[email protected] within 30 days after your purchase date with the exchange request so we may deactivate your original ticket link and provide you a new one for a different ticket.

B. Donation Orders. Donation Orders are nonrefundable and nonexchangeable.

C. General. We will credit the original payment method used to place your Order. The acceptance of refund requests is at the discretion of OTS.

9. Promotions

We may offer promotions that include Additional Terms that may apply to your Order. Please review promotional Additional Terms carefully. If promotional Additional Terms and these Terms of Sale conflict, these Terms of Sale govern.

10. Dispute Resolution

If a dispute arises between you and  OTS, you and  OTS agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with these Terms of Sale through binding arbitration or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly at stream[email protected] to seek a resolution. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

Certain portions of this section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and OTS agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act. This section can only be amended by mutual agreement.

If any controversy, allegation, or claim relates in any way to these Terms of Sale (collectively, “Dispute”), then you agree the Dispute shall be submitted to confidential arbitration in New York except that we may seek injunctive or other appropriate relief in any state or federal court. You hereby consent to, and waive, all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms of Sale shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association; any dispute shall otherwise be governed by the internal laws of the State of New York without regard to New York choice of law principles, except that the provisions of this agreement concerning arbitration shall be governed by the Federal Arbitration Act. The arbitrability of disputes shall be determined by the arbitrator. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

If for any reason a claim proceeds to court rather than arbitration, you and OTS agree to waive any right to a jury trial.

11. Disclaimers and Warranties

We may publish advice, FAQs, suggestions, or other recommendations on the Service in relation to the handling and care of certain products, items, services, or tickets. These statements are not a warranty or promise of how a product, item, service, or ticket will ship, look like, work, or last. Such advice is solely meant as a recommendation. We also may take steps to address your satisfaction with packaging and delivery by including descriptions of our practices on the Service. Such descriptions are not a warranty or promise of how packaging or deliveries will occur.

12. Governing Law and Jurisdiction

The Service is operated from the U.S. All matters arising out of or relating to Orders or these Terms of Sale are governed by and construed in accordance with the laws of the State of New York without regard to its conflicts of law provisions that might apply the laws of another jurisdiction.

13. Contact

If you have any questions about Orders, you may contact us by email at stream[email protected]

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