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These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“Customer,” or “Customers”) and On The Stage (a dba of ARTech Holdings LLC) (“OTS”) concerning Customer’s access to and use of the: (i) OTS Site, (ii) OTS Ticketing Platform (including Enterprise Ticketing) (the “Ticketing Platform”); (ii) OTS Streaming Platform (including Exclusive Content Services) (the “Streaming Platform”); and/or (iii) OTS Fundraising Platform (including Exclusive VOD Content Services) (the “Fundraising Platform”).
To help make OTS Services secure, all users of OTS Services are required to accept and comply with these Terms of Service. Customer agrees that by accessing or using OTS Services, Customer has read, understands, and agrees to be bound by these Terms of Service. If Customer does not agree with all of the Terms of Service, then Customer is expressly prohibited from using OTS Services and must discontinue use immediately.
Supplemental terms and conditions, documents that may be posted on the Site from time to time, and documents OTS may, from time to time, ask you to acknowledge and sign are hereby expressly incorporated herein by reference. OTS reserves the right, in its sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
Customer will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in these Terms of Service by Customer’s continued use of the Site after the date such revised Terms of Service are posted. In the event of a material change to how personal information will be handled, we will make you aware of the change before it goes into effect.
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 OTS 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.
“End User” or “End Users” means any person to whom a ticket for Offerings through the Site is sold by OTS on behalf of the Customer.
“EULA” means the End User License Agreement that End Users enter into when they purchase a product or service from the Site.
“Force Majeure Programs” mean the definition provided in Section 2(i).
“Fundraising Platform” means the product or services that OTS offers Customers for purposes of fundraising.
“Gross Receipts” means the monies received by OTS from End Users for all Offerings, including Tickets and Donations, sold in respect of the relevant Programs.
“Indemnified Claim” means the definition provided in Section 2(e)(iii).
“Indemnified Party” means the definition provided in Section 2(e)(iii).
“Indemnifying Party” means the definition provided in Section 2(e)(iii).
“License Term” means the distribution terms specified in any Schedule issued pursuant to these Terms of Service.
“Losses” mean the definition provided in Section 2(e)(i).
“Marketing Services” means automated emails and social media postings that OTS shall coordinate to promote a Program or fundraiser.
“Net Receipts” means the monies received by OTS from End Users for all Offerings, including Tickets and Donations, sold in respect of the relevant Programs less any Chargebacks (and excluding any monies subsequently refunded to Customers), and less the Fees detailed in Section 3(c).
“Offerings” means any products or services displayed on the Site for Customers or End Users to purchase.
“OTS Service” or “OTS Services” means the Site, the Ticketing Platform, the Streaming Platform, the Fundraising Platform, and the Offerings collectively and individually.
“Order Form” means a separate agreement signed between OTS and Customer to address additional terms. In the event of an inconsistency between these Terms of Service and the terms in an Order Form, the Order Form will govern.
“Program” means the means any performance, production or other event promoted or produced by the Customer for which the parties agree that OTS shall make tickets available for sale to the public.
“Promotion Site” means a dedicated Internet Web page created by OTS to promote a Program.
“Schedule” means certain supplemental terms and conditions that govern any Customer’s use of the Streaming Platform.
“Site” means the OTS Website as well as any other media form, media channel, mobile website, or mobile application related, linked or otherwise connected thereto.
“Streaming Platform” means the video streaming viewing technology provided through an online portal through which Offerings can be viewed at URLs that OTS specifies pursuant to the Streaming Platform Services (as defined below) provided hereunder, together with certain software-based editing, visual effects, and other production support services as may be specified below.
“Streaming Platform Services” means those services specified in Section 4(b).
“Submission” or “Submissions” means the definition provided in Section 2(u).
“Subscription” or “Subscriptions” means a package purchase of tickets to multiple Programs offered by Customer specifically listed therein.
“Term” means the duration of an agreement found within a Schedule.
“Third-Party Claims” mean the definition provided in Section 2(e)(i).
“Third Party Services” means services, products, offers and promotions provided by third parties and not by OTS.
“Third Party Websites” means websites and platforms operated by third parties and not by OTS.
“Territory” means worldwide.
For Customers utilizing Enterprise Ticketing services, OTS will still be the exclusive ticketing system of record for the event, but it can be promoted on any platform of the Customer’s choosing, as long as the transactions for the sale of tickets ties back to OTS. Customers will be able to leverage OTS’ API to promote their Programs on Third Party Websites.
Function of OTS Ticketing Platform.
The OTS Ticketing Platform facilitates the sale of tickets by Customer by providing Customer access to the Site to create a Promotion Site from which tickets can be purchased by End Users. OTS provides Customers with an online presence and facilitates access to a secure payment gateway. Each ticket is issued at the discretion of the Customer. As such, except as specified in these Terms of Service, OTS is not liable for any dispute that may arise between an End User and Customer related to transactions that occur between an End User and Customer including, but not limited to, ticket purchases, merchandise purchases, or monetary donations. OTS will also provide Marketing Services for all Customers who opt in.
OTS provides a paperless ticketing solution to Customers. Customer acknowledges that OTS acts as a transaction broker between Customer and End User. Any claims with respect to the purchase of tickets, inclusive group sales, including but not limited to claims that arise due to cancellation or postponement of Programs, or monetary donations made through the Customer’s site, are solely between End User and Customer. To the extent permitted by law, OTS takes no responsibility or liability for such claims.
Subscriptions represents a purchase of the number of tickets which can only be redeemed by End User (“Redemptions”) to Programs listed therein (“Subscription Designated Programs” or together, a “Series”). Redemptions to each Subscription Designated Program in a Subscription must be redeemed during the Subscription Presale Period (when and if offered by Customer) or the general On Sale Period for each Subscription Designated Program included in the Subscription. Failure to process a Redemption during these periods will result in the forfeiture of said Redemption unless Customer, provides End User the accommodations set forth in 3(a)(iv). Fees associated with Subscription tickets, notwithstanding anything to the contrary herewithin, as set forth in 3(c) must be passed on to the End User at the time of purchase.
Once a Subscription purchase has been processed, notwithstanding anything herewithin, it is considered a final sale, and no refunds or exchanges will be issued by OTS. In the event of the cancelation of a Subscription Designated Program or Series, the Customer will offer End Users Programs in the current or future seasons to replace those which were canceled. Customer shall be solely responsible for any End User claims relating to Programs that may be canceled or do not take place for whatever reason.
In the event OTS has already paid Customer ticket fees associated with a Subscription for future Programs that do not occur, OTS shall be entitled to recoup those fees.
Purchases and Payment.
OTS accepts the following forms of payment from Customers: (i) Visa; (ii) MasterCard; (iii) American Express; and (iv) Discover. All payment transactions shall be in U.S. dollars, otherwise provided for in writing.
Customers are responsible for all charges, at the prices in effect at the time of purchase, including but not limited to any applicable taxes, fees, or shipping charges. Customers have the option to pass fees along to End Users or have them deducted from Gross Receipts. For the avoidance of doubt, OTS shall retain and not be required to pay Customer the Fees set forth in section 3(c) or an Order Form, and OTS may deduct and set off any monies owed by the Customer to OTS against the Gross Receipts to be remitted to the Customer.
In the event Fees cannot be set off and retained in accordance with section 3(b)(ii), Payment for the Services will be billed at prevailing rates as listed for the specific Services used, at the time of transaction, on the relevant OTS pricing sheets. Customer authorizes OTS to issue an invoice for any payment due for any unresolved balance after reconciliation by OTS. OTS reserves the right to correct any errors or mistakes in pricing, even if OTS has already requested or received payment. Payment for any Services is due within 30 days of the date of OTS invoice. Any delinquency in payment shall incur a delinquency charge of the lesser of 1% per month or the highest rate allowed under applicable law on all overdue amounts until the amounts are paid in full.
OTS reserves the right to pursue any late and unpaid amounts due and owing to OTS or any of its affiliates for collections if such amounts are not paid within thirty (30) days after the date of the invoice. In addition, Customer agrees to promptly and fully reimburse OTS or any of its affiliates upon demand for all out-of-pocket costs and expenses, including without limitation, reasonable attorneys’ fees and expenses, incurred by OTS or any of its affiliates in collecting past due amounts or any other amounts due and owing from Customer or any of its affiliates under this agreement for Services provided by OTS or any of its affiliates. Customer and any of its affiliates agree that if OTS or any of its affiliates must seek collections for past due amounts and Customer or any of its affiliates does not respond or pay in full after receiving a collection notice, OTS or any of its affiliates reserves the right to pursue outstanding balances through judicial proceedings, and such actions are expressly excluded from any arbitration provisions set forth in the Terms.
OTS reserves the right to refuse any order placed through the Site. OTS may, in its 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. OTS reserves the right to limit or block transactions that, in its sole judgment, appear to be placed by dealers, resellers, distributors, or any other End User deemed to be suspicious or attempting to make an illegal transaction.
OTS provides functionality that allows Customers to charge and accept payments from End Users for Programs (the “Customer-User Transaction”), which are processed by Stripe and Stripe Connect (“Credit Card Processing”), as set forth herewith. In both payment scenarios below, OTS shall make available for Customer a written statement detailing Net Receipts together with reasonable information to enable the Customer to reconcile such account to its own record.
OTS Managed Payments. Customers using Credit Card Processing via OTS Managed Payments agree OTS is serving as a limited payments agent as set forth in this section. To provide the Credit Card Processing, OTS utilizes third party gateways, payment processors, merchant acquirers and/or merchant acquiring banks with which we have relationships (collectively, “Payment Processing Partners”) and both Customers and OTS are subject to the rules and regulations of such Payment Processing Partners. Unless otherwise set out in an Order Form or agreed by the parties, within 14 days of the completion of a Program, OTS shall pay such Net Receipts to the Customer either via Check or ACH payment to the bank account nominated by the Customer. The Customer shall be responsible for any receiving bank charges or other costs associated with international transfers.
It is the responsibility of Customer to maintain compliance with any sales tax laws that are applicable to the Customer’s offerings. Though Customer is not required to collect sales tax through OTS, Customer may be required to report on taxable sales and remit any tax due to the proper agency. OTS can provide collection services related to sales tax, but not reporting services. Be advised that OTS cannot make legal recommendations or offer advice regarding the possible collection of sales tax. It is the responsibility of the Customer to consult with a tax professional regarding local sales tax codes, and to comply with the collection, reporting, and remittance obligations for Customer’s organization, as applicable. Any sales tax due because of the Customer’s use of OTS are the sole responsibility of the Customer.
For the Services provided to the Customer by OTS, the Customer agrees to pay the applicable ticketing and transaction fees for all purchases processed through the Site. Current pricing details for all products and services are available here. https://www.onthestage.com/site/pricing. Per section 3(f) herewithin, pricing for Enterprise Services will be governed separately in an Order Form.
All OTS fees are subject to change at the discretion of OTS.
Refunds and Credit Card Disputes.
Notwithstanding Subscription refund policy set forth in 3(a)(iv), Non-Subscription Ticket refunds may be made in full at the discretion of the Customer. Should the Customer choose to offer refunds, it is the sole responsibility of the Customer to communicate to ticket buyers any information pertaining to refunds. The Customer will still incur the Fees set forth in 3(c) for each refunded transaction, regardless of whether they chose to pass the Fees on to the End User at the time of purchase. Post-performance refunds must be made within 24 hours of the closing performance.
Refunds, exchanges, and any other requests relating to the End Users and their ticket purchases or other transactions made through the Site are the sole responsibility of the Customer. If the End User requests a partial refund (i.e., less than all tickets in an order), OTS will work with Customer to accommodate this upon Customer’s request. Consistent with (d)(i) the in the event of a partial refund, Customer will still incur all Fees as set forth in 3(c).
If an End User submits a dispute with their payment provider for a purchase made through the Site for Customer’s offerings, the total amount of the original transaction in dispute, plus any fees imposed by the processor will be the responsibility of the Customer and will be charged back accordingly (a “Chargeback”).
Customer may not access or use the Site for any purpose other than that for which OTS makes the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by OTS.
As a user of the Site, Customer agrees not to:
Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from OTS.
Use a buying agent or purchasing agent to make purchases on the Site.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the Site and/or the content contained therein.
Engage in unauthorized framing of or linking to the site.
Trick, defraud, or mislead OTS and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of OTS’ support services or submit false reports of abuse or misconduct.
Engage in any unauthorized integration or automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Use any information from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with OTS or otherwise use the Site and/or the content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measure of the Site designed to prevent or restrict access to the site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of OTS’ employees or agents engaged in providing any portion of the Site to Customer.
Delete the copyright or other proprietary rights notice from any Content.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interfere with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operation, or maintenance of the Site.
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in OTS’ opinion, OTS and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Enterprise Ticketing. This program is designed to integrate with Third Party Websites that the Customer is already using (such as CRM databases or promotional sites) via an API. For Enterprise Ticketing Customers, OTS shall manage the ticket inventory and purchasing, but will not handle marketing or promotion of the tickets. In addition to these Terms of Service, Enterprise Ticketing Customers will be required to executed a separate Order Form addressing pricing, payment, and other terms, which will be provided before Enterprise Ticketing Services begin.
Customer can utilize the Streaming Platform to sell tickets to streaming versions of a Program. Programs are streamed using integrations with Zoom, Switcher Studio, or streaming through a feed to OTS’ streaming platform.
Streaming Platform Services. OTS shall provide the following services to Customer:
Marketing Services. For Customers who opt in, OTS shall provide Marketing Services for the Program being streamed.
Streaming Services. OTS shall provide hosting and streaming services for the Program during the Term. OTS shall use commercially reasonable efforts to ensure the Program is available to end users on an on demand basis. End Users shall be required to accept a click-through End User License Agreement (“EULA”). The Streaming Platform will create unique links that can be accessed by End Users on one device at a time and will be accessible to End Users for a period of 24 hours after first access by End User of any one Program, no later than 24 hours before the expiration of the License Term for any such Program. The Streaming Platform will deploy technology that reasonably prevents downloading or recording of the Program from the Customers’ devices that is accessing the Program.
Fee Collection Services. Standard Streaming Platform Services are subject to the Fees set forth in Section 3(c).
Exclusive Content Services. OTS will from time-to-time contract with large theatre companies to perform professional productions, the rights of which are held by OTS for a certain period. Customers can sell tickets to watch the streaming version of the production. Customers can use take part in Exclusive Content via (a) the Fundraising Platform with Marketing Services, or (b) directly through the Streaming Platform without Marketing Services (in such instances, Customers will need to follow marketing plan and style guide provided by OTS). Pricing, fees, and revenue share from ticket sales will be shared among the producer of the Exclusive Content, Customer, and OTS, at pre-determined rates related to each Offering and applicable additional terms will be provided at www.onthestage.com/terms-of-service/exclusive-content-additional-terms/
In the event the Streaming Platform cannot be accessed by an End User attempting to access Exclusive Content for a period of greater than 24 hours, and proper notice of said problem was given to OTS via the customer service contact points, OTS may, at its discretion, offer End User the option of a refund for the full amount. In such event, Customer will be not be entitled to fees.
Associated Schedules. Customer should note that supplemental terms found in a Schedule may apply to Customer’s use of the Streaming Platform.
The purpose of the Fundraising Platform is to allow Customer to raise funds for local organizations beyond ticket sales. Customer can (a) ask for recurring donations, and (b) ask for donations for specific items in Customer needs to purchase (e.g. “Buy Dorothy’s Ruby Slippers”). Marketing Services are provided for these requests, if Customer opts in.
Exclusive VOD Content. As noted in Section 4(b)(iv), OTS will from time-to-time contract with large theatre companies to perform professional productions, the rights of which are held by OTS for a certain period. Customers can use the Fundraising Platform to sell tickets to watch the streaming version of the production, with Marketing Services done by OTS.
Last updated November 30, 2021