This User Agreement (“Agreement”) is made by and between BookTixNow LLC, a New Jersey limited liability company, with a principal place of business at 1 Pelham Place, East Brunswick, NJ 08816 (“Company,” “BookTix,” “We,” “Us,” or “Our” ), and You, a person, visitor, guest, patron and/or authorized user (“You” “Your” or “User”) of BookTix.com, BookTixLive.com and their subdomains, (“Site(s)”, “Platform(s)”). and by using any services available on any of our Sites ( “Service(s)”), You agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the BookTix Site in any manner and leave immediately.
This Agreement shall remain effective until terminated in accordance with its terms. BookTix may terminate this Agreement, and/or Your access to and use of the Sites or any portion thereof, immediately, in the event we determine, in our sole discretion, that you have breached this Agreement. You may choose to terminate this Agreement at any time, for any reason. Upon termination, you will not have access to Your account or any information stored within Your account. You are solely responsible for keeping backup records of any information you want after Your account is terminated. We are not responsible for, and will not provide you access to, any information within the account after account termination.
4. BookTix Services
BookTix shall provide the following Ticketing Services and Livestreaming Services (“Live Services”) under this Agreement: BookTix provides Users with the ability to purchase tickets to live, in person events and or livestreamed, virtual events; make donations to and purchase merchandise from third party organizations (herein after “Event Organizers” ). For Users of BookTix Live, BookTix provides a streaming platform for the receiving and viewing of the Event Organizers presentation/stream/production.
USERS REPRESENT, UNDERSTAND AND EXPRESSLY AGREE THAT BOOKTIX DOES NOT HAVE CONTROL OVER THE TICKETS OR MERCHANDISE PRESENTED FOR SALE OR THE PERFORMANCES PRESENTED BY THE EVENT ORGANIZER.
BookTix makes no representations about any aspect of the StreamPass, tickets or merchandise made for sale by any Event Organizer whether in public, private or offline interactions. All Users do hereby expressly agree not to hold BookTix (or BookTix’s officers, directors, employees, investors, subsidiaries, agents, assignee’s, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable in any way for disputes arising out of the sale of StreamPasses, tickets and merchandise by Event Organizers through the BookTix Site or any other ticketing system. BookTix and its Affiliates expressly disclaim any liability whatsoever for any damage, suits, claims, and/or controversies that arise or relate in any way to this website, Our Services, the information provided through this website and the services provided by or to any User of the Sites or our Services.
BOOKTIX IS NOT A PARTY TO ANY AGREEMENT BETWEEN USERS AND EVENT ORGANIZERS, BUT IS MERELY A MEDIUM THROUGH WHICH THE SALE OF STREAMPASSES, TICKETS, AND MERCHANDISE IS FACILITATED AND LIVESTREAM IS PRESENTED. ANY ISSUES CONCERNING, THE QUALITY OF A STREAM, THE STREAMPASS, TICKETS OR MERCHANDISE RECEIVED BY THE USER OR PAYMENT DUE TO THE EVENT ORGANIZER MUST BE RESOLVED DIRECTLY BY THE USER AND THE EVENT ORGANIZER.
Each Event Organizer will establish its own Refund and Exchange Policy. You will need to discuss any requests for refunds or exchanges directly with them.
You understand and agree that in some cases the Event Organizer might need to cancel an in person event and exchange the in person ticket to a StreamPass for a streamed presentation of the Event. If so, the ticket you purchased will be considered redeemed and honored and for Our purposes the Event Organizer would have fulfilled their obligation to You.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
7. Future Communications
By providing contact information of any kind to BookTix, you agree that this data can be used by BookTix and the Event Organizer to send communications, now and in the future. This includes, but is not limited to, emails, phone calls, SMS and other electronic messages, and posts or replies on social media and other such websites.
8. Assumption of Risk
You assume all risk when engaging the services or purchasing the goods of any Event Organizer and in connection with using the Services, including but not limited to all of the risks associated with any online or offline interactions with Event Organizers.
You understand that there is a risk that if You purchase a ticket for an in person Event that is also being livestreamed, Your image or likeness might be captured and shared over the internet.
9. No Warranty
BookTix does not: (i) guarantee the accuracy, completeness or usefulness of any information provided on the site and services, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any third party or Event Organizer through or published on our Sites or through our services, all views, opinions, and positions expressed by a third party or Event Organizer through or published on Our Sites, Services or Platforms in no way represents the views, opinions and positions of BookTix and Our Affiliates, and/or (iii) warrant the quality, accuracy, adequacy or completeness of this content, information and materials, nor the services provided by any Event Organizer. The information and materials contained and made available on Our Sites and through our Services, and Platforms, including but not limited to, video, livestreamed performances, text, graphics, information, links or other items are all provided “as is” and “as available.”
We provide the site on an “as is” basis and grant no warranties of any kind, expressed, implied, or statutory, in any communication with our representatives, or us or otherwise with respect to the site that is given in conjunction with our services, the information, content, or materials provided through or relating to our services, this includes but is not limited to: (i) the warranties of non-infringement of third party rights, (ii) title, (iii) merchantability, (iv) fitness for a particular purpose and (v) freedom from computer viruses or data corruption.
Furthermore, BookTix does not warrant that Your use of the services will be secure, uninterrupted, safe, always available, error-free or will meet your requirements, or that any defects in the services will be corrected. BookTix disclaims liability for, and no warranty is made with respect to, the connectivity and availability of the services at any given time.
WE DISCLAIM LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, CONNECTIVITY AND AVAILABILITY OF SITES, PLATFORMS AND SERVICES.
We reserve the right, at any time and in our sole discretion, to modify or change the site offering. We provide no guarantee of any kind that the site, code, layout, design, search algorithms, search results, functionality, or any other item related to the site will not materially change during the course of the term of your usage. This section shall also survive the termination of this agreement.
10. Limitation of Liability
To the fullest extent allowed by applicable law, in no event will the company, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including, without limitation, damages of any nature whatsoever arising out of or in connection with: (i) providing or failing to provide services, (ii)for loss or corruption of data or programs, (iii) any change in the functionality of the site, (iv) service interruptions or complete outages for any period of time, and (v) procurement of substitute services, even if the company has been advised of the possibility of such damages.
BookTix expressly disclaims liability for errors or omissions in the information, content, materials, services, videos, and livestreams provided in Our Sites, including the Services provided by us or any third party. Under no circumstances will BookTix be responsible for any loss or damages, including but not limited to lost profits or loss of business, resulting from anyone’s reliance on information or other content posted on the Sites, or transmitted to or by any users on our Sites.
Notwithstanding anything to the contrary contained herein, the company ’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to the company for the service during the term of usage. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or service or the terms of this agreement must be filed within one year after such claim or cause of action arose or be forever barred.
You agree to indemnify and hold the Company, its subsidiaries, affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney ’s fees, made by any third party due to or arising out of (i) Your breach of or failure to comply with this Agreement (including any breach of Your representations and warranties contained herein), (ii) any postings or Content you post on the Website or as a result of the Service, and (iii) the violation of any law or regulation by you. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.
12. Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. Copyright law. If you believe in good faith that materials hosted by BookTix or one of its subsidiaries and or affiliates infringe Your copyright, you (or Your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA.
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Service where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notices and counter-notices with respect to the Site should be sent to us by emailing us at email@example.com. We suggest that you consult Your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
13. Ownership and Restrictions on Use
BookTix Now LLC, All Rights Reserved. The Site is owned and operated by Us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Site, and download and/or print out or copy materials on the Site for Your personal use. YOU MAY NOT REPUBLISH, UPLOAD, POST, TRANSMIT, RECORD, SCREEN SHARE, CAPTURE OR DISTRIBUTE MATERIALS FROM THE SITE OR FROM THE EVENT ORGANIZERS EVENT IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of Ours, Our Affiliates, and the Event Organizers, Publishers, and Artists copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Sites. ”BookTix.com”, “BookTix Live” and “BookTix”, it’s taglines and logos are all trademarks and/or service marks of BookTix Now LLC. All other trademarks, service marks, and logos used on the Sites are the trademarks, service marks, or logos of their respective owners.
14. Jurisdictional Issues
The Site is solely directed to individuals residing in the United States. We make no representation that materials in the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
15. MANDATORY ARBITRATION OF DISPUTES
Any claim, controversy or dispute of any kind between the user and the company and/or any of its employees, agents, affiliates or other representatives, whether sounding in contract, statute or tort, including fraud, misrepresentation, fraudulent inducement, or any other legal or equitable theory and regardless of the date of accrual of such claim, controversy or dispute shall be resolved by final and binding arbitration as prescribed in this section. A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected in accordance to the rules of the American Arbitration Association or may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then applicable rules of the American Arbitration Association. Any required hearing fees and costs shall be paid by the parties as required by applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. THE ARBITRATOR’S DECISION AND AWARD WILL BE FINAL AND BINDING, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED IN ANY COURT WITH JURISDICTION. If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney fees. THIS AGREEMENT IS GOVERNED BY AND MUST BE CONSTRUED UNDER THE LAWS OF THE STATE OF NEW JERSEY, WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES AND YOU AGREE TO SUBMIT YOURSELF TO THE PERSONAL JURISDICTION OF THE COURTS OR OF AN ARBITRAL TRIBUNAL IN THE STATE OF NEW JERSEY.
16. Waiver and Severability
17. Entire Agreement
This Agreement contains the entire agreement between you and the Company regarding the use of the Sites, Services and Platforms. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. There shall be no third party beneficiaries to this Agreement.