Terms of Service
Last Updated: August 18, 2025
The following are the Terms of Service ("TOS") that govern the use of the www.miamiviptickets.com website ("Site"). Miami VIP Tickets, Inc., a Florida corporation, with a principal place of business at 1000 5th Street Suite 200 Z7, Miami Beach, FL 33139 ("Company," "We," "Us," or "Our") provides You, the user of the Site ("You", "Your", "Purchaser", "Patron", "Buyer", or "Holder"), access to and use of the Site subject to these TOS. We reserve the right to update the TOS from time-to-time at Our sole discretion. Company is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow You attendance at, access to, or participation in, events (including streamed events), venues and other activities (each, an "Event"). Each ticket that You purchase is a limited license to attend a particular Event and is subject to the additional terms and/or restrictions that may be set forth on that ticket. You hereby agree as follows:
BY USING THIS SITE AND/OR PURCHASING A TICKET, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THESE TOS AND, IF APPLICABLE, THE VENDOR AGREEMENT (COLLECTIVELY, THE "USER AGREEMENTS"), EACH OF WHICH ARE HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THE TOS SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST CEASE USING THIS SITE. ANY VIOLATION OF THE TOS CAN RESULT IN ACTIONS BY US INCLUDING, BUT NOT LIMITED TO, TERMINATION OF YOUR ACCESS AND RIGHT TO USE THE SITE, CANCELLATION OF YOUR TICKET ORDER, AND/OR REMOVAL OF YOUR EVENT LISTING AND ANY RELATED CONTENT.
LICENSE
Subject to the terms and conditions set forth in the User Agreements and Your compliance with their terms, We agree to provide You with access and use of Our Site while you are in compliance with the User Agreements and all other terms and conditions described for use of the Site. There is no fee paid by You for access, although We charge purchasers and sellers, which You may be, for Our ticketing services that We provide pursuant to these TOS and the Vendor Agreement. Company charges Purchasers a ten percent (10%) administrative fee and a three percent (3%) Stripe transaction fee on the ticket amount, which will be reflected under the "Service Fees & Taxes" section of the checkout page. Your access to the Site is provided pursuant to a free, limited, non-exclusive, and revocable license provided by Us.
FREE TICKET OPTION
At its sole discretion, Company may offer a "Free Ticket Option" to Purchasers on or through the Site. The timing and availability of this option is subject to Company's sole and exclusive discretion. It is understood and agreed that neither Purchasers nor Vendors are in any way guaranteed a "Free Ticket Option" and the "Free Ticket Option" may be suspended, terminated, cancelled, delayed, or renewed at any time, with or without notice.
Pursuant to the "Free Ticket Option", Company, by and through the Site, will create ticket(s) for Vendors that wish to offer a free ticket to their Event(s). Each Patron may only buy one (1) ticket each and must capture and/or submit a selfie of themselves, input their personal information (e.g., legal name, email, telephone number, etc.), and place a valid credit card on file. If it is determined that any of the Patron's foregoing information was false, inaccurate, incomplete, or fraudulent, Company reserves the unfettered right to disqualify Patron from participating in the "Free Ticket Option" and/or charging Patron's credit card on file the full ticket price set by the Vendor along with the Company's administrative fee(s) and any applicable transaction or payment processing fees, taxes, etc. Vendor will be responsible for setting a price for the ticket and communicating said price to Company. Company will publish the price of the ticket on the Site. A temporary hold will be placed on the Patron's credit card by Company in an amount equivalent to the price of the ticket. The hold will remain until Patron's ticket is scanned on the date, time, and location of the Event, letting the Vendor and the Company know that the Patron personally attended the Event. Thereafter, the hold will be released within a commercially reasonable time frame, making the ticket free. However, if the Patron's ticket is not scanned on the date, time, and location of the Event, the temporary hold will not be removed, and the Patron's credit card will be charged the full ticket price set by the Vendor along with the Company's administrative fee(s) and any applicable transaction or payment processing fees, taxes, etc.
ACCESSIBILITY
You understand and agree that the Site may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us. Our Site is offered as-is, and as-available. While We will make efforts to maintain the Site, We have no control over Your ability to access the Site at any particular time and We are not responsible for any limitation of services due to technical difficulties beyond Our control, including any interruption of service in providing the Site. We also have no control over Vendors' individual Vendor profiles and listings (including, without limitation, event information, description, affiliate or third-party links, products and/or services, reviews, photographs, videos, images, and contact information) published on the Site and are not responsible for the same.
EQUIPMENT
You shall be solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other physical requirements for Your use of Our Site, including, but not limited to, telecommunications and internet access connections and links, web browsers or other equipment, and programs or services required to access and use the Site.
PROPRIETARY RIGHTS
All or portions of this Site are proprietary to Us and are protected by intellectual property laws and/or treaties, including, but not limited to, copyright, trademark, service mark, and patent laws. You agree to use this Site for Your own personal use only and shall not copy, duplicate, display, transmit, distribute, modify, or prepare derivative works for any other purpose unless We give You express written permission to do so. The User Agreements do not constitute any general license to You to use any of Our copyrights or trademarks with the sole exception of on-screen viewing.
NO REDISTRIBUTION OR RESALE
You agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, publish, modify or exploit for any commercial purposes, any portion of the Site, its use, or any access to it. You agree that You are only authorized to visit, view and to retain a copy of pages of this Site for Your own personal use.
USE RESTRICTIONS
You agree that You shall not use the Site for unlawful purposes.
You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) designed to monitor, observe, track, gather, copy, or transmit any of the content or user information contained on Our Site without Our express written permission, nor engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Site for purposes of creating or compiling that content for any purpose other than your authorized use of the Site as permitted by these Terms.
You agree that You shall not use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program that interferes or attempts to interfere with the operation of Our Site, nor engage in activities that aim to render the Site or associated services inoperable or to make their use more difficult.
You agree that You shall not submit or otherwise provide or make available any information or content that is defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties through or using the Site.
You agree that You shall not access, use, or copy any portion of the Site, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
You agree that You shall not use the Site to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Site or any computers, hardware, software, system, data, or networks.
AFFILIATE LINKS
Our Site may also provide affiliate links or links to other third parties and websites. We and/or the Vendor(s) may receive monetary and/or non-monetary compensation if You utilize these links. These links lead to websites maintained by third parties and we do not have any control or say in what products or information these third-party websites provide. We are not responsible or liable, either directly or indirectly, for the availability or accessibility of these other websites, any transmissions initiated by or between You and the other website, any of the content posted on the other website, or Your reliance upon such content. We are a participant in the Amazon Services LLC Associates program, an affiliate program that allows us to receive small commissions for purchases made through Amazon affiliate links. As an Amazon Associate, we earn from qualifying purchases.
Additionally, there may be advertisements or sponsors throughout this Site. We may receive perks, benefits, or other non-monetary compensation from our sponsors and/or affiliates so please do your own research before participating. If you decide to purchase a service or product through any links on our Site, We do not hold any responsibility for your purchase. If you have any problems, you must contact the third party directly to resolve your issue.
USER SUBMITTED CONTENT
By submitting any and all postings, messages, text, files, images, photos, video, sounds, or other materials posted on, transmitted through, and available through the Site ("Content") to be used on the Site, You agree that We may use Your name, voice, image, likeness, and any quotes attributable to You, and any such photos, videos, or audio recordings of or by You as described herein. You grant the rights hereunder whether or not Your name, voice, image, likeness, or any quotes attributable to You are used in any manner by Company and We reserve the right in Our sole discretion NOT to use any submitted content. You grant these rights to Company worldwide, irrevocably, royalty-free, with the perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content in any media for any purpose including but not limited to publication on the Site, advertising, and other commercial uses in connection with the Site. You waive all rights related to
Our use and release, discharge and hold harmless Company, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of Your name, voice, image, likeness, or any quotes attributable to You. You further understand and agree that online visitors to the Site may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls. In addition and by submitting Content: (i) You understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use in the Site, without further consent or approval, and that whether or how the Content is used in the Site is entirely within Our sole discretion; (ii) You certify that You are the original author (or have a written assignment of all rights from the author) of the submitted Content, You are the sole copyright owner of the Content, You are the only person depicted in the Content, and You have complete authority to grant to Us the rights stated herein; and (iii) You understand and agree that all Content is subject to review and editing by Us prior to any posting or use by Company. You further acknowledge that We reserve the right to remove any Content from the Site at any time and for any reason at Our sole discretion.
GRANT OF LIKENESS
You grant permission to Company to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an Event (regardless of whether before, during or after such Event) for any purpose (including, without limitation, a commercial purpose), in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, You or anyone acting on Your behalf.
UNACCEPTABLE USES
You are solely responsible for any and all acts and omissions that occur while You use this Site, and You agree not to engage in unacceptable use of the Site, which includes, but is not limited to, use of the Site to: (i) disseminate, store or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail (also known as "spam"); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the copyright, trademark, patent, trade secret, intellectual property rights, or rights of privacy or publicity of any person or instruct any person how to do so; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity, including, but not limited to, a Company employee or agent; (vi) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vii) interfere, disrupt, or attempt to gain unauthorized access to other
passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (m) provide instructional information about illegal or unlawful activities (xiii) "stalk" or otherwise harass another person; (xiv) intentionally or unintentionally violate any applicable local, state, national or international law; (xv) engage in outside commercial or business activities without Our express written consent; and/or (xvi) engage in any other activity deemed by Us, in Our sole discretion, to be unacceptable when using this Site or in conflict with the spirit or intent of the User Agreements. Any violation of this section can result in termination of Your account and/or license to use this Site and any ticket orders and/or Event listings and Streaming Events that You place with or arrange through Us, as well as other legal action. We will not routinely attempt to match Your personally identifiable information to Your usage of the Site or to other information in our possession. However, in instances where We, in Our sole discretion, suspect or determine that the Site is being used for any unacceptable, inappropriate, or illegal purposes, personally identifiable information relating to Your use of this Site may be disclosed to other parties as We deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by Us or by another party.
No bulletin board, chat or other areas of this Site may be used by Our visitors for any commercial purposes not associated with Company Events and transactions. You must obtain Our prior written consent to make commercial offers of any kind, whether by advertising, solicitations, links, or any other form of communication. You may not transmit any chain letters or junk email to others.
CONTENT POSTED ON THE SITE
All Content is the sole responsibility of the person from whom such Content originated. Company does not control, and is not responsible for, user-submitted Content (including, without limitation, Vendor-submitted Content) and You acknowledge that by using the Site, You may be exposed to Content created, shared, circulated, or disseminated by third parties that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. We have no control over Vendors' individual Vendor profiles and listings (including, without limitation, event information, description, affiliate or third-party links, products and/or services, reviews, photographs, videos, images, and contact information) published on the Site and are not responsible for the same. Furthermore, the Site may contain links to other websites, which are completely independent of the Company. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any linked website. Likewise, the Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site. Users of the Site bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will Company be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise
made available via the Site. You acknowledge that the Company does not pre-screen or approve Content prior to posting. Company makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content: (i) You understand and agree that Company may review and delete any Content that in the sole judgment of Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; (ii) You are solely responsible for the Content that You publish or display; and (iii) by posting Content to any public area of the Site, You automatically grant, and You represent and warrant that You have the right to grant, to Company an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: Content that (a) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (d) promotes information that You know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (g) displays pornographic or sexually explicit material of any kind; (h) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (k) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or (1) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure. Even though all of this is strictly prohibited, there is a small chance that You might become exposed to such items and You further waive Your right to any damages from Us related to such exposure.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
It is Our policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You believe that a work protected by a U.S. copyright which You
own has been posted or stored on Our Site without Your authorization, You may contact Our agent as follows: Via United States mail, at the address listed above, or via e-mail at info@miamiviptickets.com. Please include information sufficient to identify the work, its location on Our Site, when you accessed it, and Your copyright information. It is Our policy to terminate, in appropriate circumstances, the access rights to Our Site of repeat infringers.
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 the User Agreements; (iii) You are not buying tickets specifically for resale and are not a reseller, wholesaler, or bulk buyer of tickets; (iv) You will not use Our service or Site for any unacceptable uses, as partially listed in the paragraph titled "Unacceptable Uses"; (iv) You will not use Our Site or service to violate any federal, state, and/or local law; (v) You will only use Our Site or service to transmit and disseminate information reasonably related to Your ticket purchase and/or Event information; and (vi) the information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes.
OUR SERVICES AND RESPONSIBILITIES
Company provides the following services: (i) displaying and listing Events as submitted by the Event organizer, promoter, producer, presenter, or manager (collectively "Vendors"), including, where applicable, streaming Events; (ii) accepting and processing Your on-line orders for tickets to the Event that You wish to attend; and (iii) providing You with a confirmation number for Your transaction. For some Events, the Vendor has authorized Us to accept and process Your payment for Your ticket purchase. Any and all payments made, entered, or submitted on and through the Site are processed by Stripe and are subject to Stripe's Privacy Policy, Cookie Policy, and Consumer Terms of Service. For other Events, you are required to pay the Vendor directly for Your ticket and may be directed away from the Site to make payment through the Vendor's PayPal account, through a third-party payment application, or via cash or check. The payment method for each Event is specified in the Event listing on the Site. REGARDLESS OF WHETHER YOUR PAYMENT IS INITIALLY RECEIVED BY US OR BY THE VENDOR, WE HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY REFUNDS, RETURNS, OR EXCHANGES. IF YOU ARE FOR ANY REASON DISSATISFIED WITH THE EVENT OR NEED TO REQUEST A REFUND, RETURN, OR EXCHANGE, YOU MUST DIRECT YOUR REQUEST SOLELY AND EXCLUSIVELY TO THE VENDOR DIRECTLY. The Vendor, in its sole discretion and pursuant to its individual policy(ies), determines factors such as ticket pricing, availability, availability of individual refunds where an event has not been canceled, and seating locations. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. Company exerts no control or authority over the Vendor, ticket
prices, availability, seating locations, individual refunds, or any other companies which may be selling tickets to the Events listed on Our Site.
TICKETS AND RELATED PAYMENT AND SERVICE CHARGES
Any tickets purchased on Our Site applications are subject to a per-ticket service charge, as shown prior to the time of Your ticket purchase, and a payment processing fee, which is generally 3% of the discounted face value of the tickets (such per-ticket service charge, payment processing fee, and other fees are collectively referred to as, "Fees"). Where You do not pay for Your ticket through the Site (i.e., You pay through the Vendor directly through the Vendor's payment processing account, through another third-party payment application or in cash or check), Company has no responsibility for or control over the security or effectiveness of the payment method. These third-party applications may experience errors and interruptions and may not be totally secure, and, therefore, You use them entirely at Your own risk. Company does not provide, recommend or endorse any third-party payment application. Regardless of whether You pay for Your ticket through the Site or directly through the Vendor, any refund of Fees is solely the responsibility of the Vendor and subject to the Vendor's individual refund policy(ies).
Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the Event, Event restrictions, if any, dates, pricing, charges, and seat selection, as applicable. We will NOT issue any refunds or exchanges because You failed to review this information and We will NOT issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as under any other circumstances. As previously stated, any refunds of Fees can solely and exclusively be authorized by the Vendors, not Us.
You represent and warrant that any credit or debit card or other billing information that You provide to Company is valid, true, correct, and accurate in all respects, and that, if any such information
You have on file with us changes, You will immediately update Your information with valid and accurate information before requesting any additional transactions or incurring additional charges through the Site. By providing payment card or other financial or payment account information to Company, You hereby authorize Us to charge or debit your payment card or other account for the face value of any tickets You purchase, as well as any Fees or other charges (such as taxes) that may be due in connection with any transactions you request through the Site. In the event that Company suffers a chargeback or any other monetary loss because of invalid financial or payment account information provided by You, or because of any other act or omission by You in violation of this Agreement or the TOS, Company shall be entitled to recover from You, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
You may 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 this number will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the predetermined 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 without prior notice to You.
If You do not receive an email confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with Us whether or not Your order has been placed by contacting Our customer support at the address provided above or emailing us at info@miamiviptickets.com. Only You may be aware of any problems that may occur during the purchase process. The Company will not be responsible for such losses (whether monetary or otherwise). Orders are processed only after the relevant billing information has been verified.
If the Event offers or requires electronic ticket delivery, You will be able to print Your electronic tickets after Your order is processed. These tickets contain a unique barcode access code, or number that corresponds to Your order, for in-person events, and must be brought with You to the Event. Some Events will require a physical ticket. Physical 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.
Vendors reserve the right, without refund of any amount paid, to refuse admission or access to an Event to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Vendor's rules and policies, including any requirement that persons not record or transmit any picture or reproduction of the Event. Breach of terms or rules will terminate Your license to access the Event without refund. A ticket is a revocable license and access may be refused upon refunding the ticket's face amount. A ticket is not redeemable for cash.
EVENT ADMISSION
You understand that You must bring printed tickets and/or the confirmation information with You to the in-person Event. Additionally, while not all Events require identification, on some occasions, government-issued identification will be required by the Vendor. For this reason, We recommend that You bring a valid and current government-issued photo identification ("ID") with You to the in-person Event. When arriving at an Event (including when accessing a streamed Event), there will only be one entry or access permitted per ticket. If there are multiple parties attempting to enter or access the Event using the same ticket, with respect to in-person Events, only the first party that arrived with the ticket will be admitted, and, with respect to streamed Events, only the first party to access the Event with the ticket will be admitted.
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, or must meet certain hardware or software requirements for streamed Events. 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 denied or delayed access entry to an Event due to such a restriction.
CANCELED OR RESCHEDULED EVENT; REFUND POLICIES
Occasionally, an Event is canceled or postponed by the Vendor due to weather or other unforeseen circumstances. In certain instances, We may also cancel an Event due to problems with the Vendor or the Event listing. If an Event is canceled, We may post a notice of cancellation on Our Site under the Event listing promptly after We receive notice of the cancellation or otherwise attempt to notify You. If this happens, and if You have already purchased a ticket, We will not issue or extend any refunds, in whole or in part, returns, or exchanges, but You may request a refund from the Vendor directly. AS STATED ABOVE, COMPANY HAS NO RESPONSIBILITY OR LIABILITY FOR, OR CONTROL OVER, THE ISSUANCE OF ANY REFUND.
The Vendor will have control over any refund availability and duration. You understand and acknowledge that Company cannot, and has no obligation to, issue refunds for any reason or disruption including, without limitation, for cancelled Events, postponed or rescheduled Events, or delayed Events.
TRANSFER
If a Vendor permits it, 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. It is Your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition (including so-called "scalping") of tickets. You are solely responsible, as well, for ensuring that any transferees of Your tickets are eligible to attend the Event and comply with any applicable restrictions for the Event (e.g., age restrictions). These TOS are not intended to create any third-party beneficiary rights for transferees of tickets, and You agree to indemnify, defend and hold Company, its affiliates, and its and their respective officers, directors, shareholders, members, managers, employees, customers, suppliers, contractors, agents and representatives harmless from and against any and all claims, suits, complaints, actions, demands, proceedings, damages, losses, liabilities, costs and expenses incurred, suffered, brought, claimed, made or alleged by or on behalf of any transferees of tickets, as well as any and all attorneys' fees and other costs or expenses incurred by Company or any of the other indemnified parties in connection therewith.
DISCLAIMER OF WARRANTIES
THE SITE, ITS CONTENT AND THE COMPANY SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE SITE IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO: (i) ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (ii) THAT THE SITE, OR THE SERVICE PROVIDED BY US, WILL MEET YOUR REQUIREMENTS; (iii) THAT THE SITE WILL BE SECURE, UNINTERRUPTED, ACCESSIBLE, OR ERROR-FREE; AND/OR (iv) 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. COMPANY HAS NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY CONTENT OR USER COMMUNICATION. 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 THE USER AGREEMENTS. COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. COMPANY MAKES NO GUARANTEE OF THE AVAILABILITY OF ANY TICKETS OR OF ANY SPECIFIC RESULT FROM USE OF THIS SITE OR USE OF THE COMPANY SERVICE, COMPANY IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY EVENT, VENUE, VENDOR, PROMOTER, PERFORMER OR OTHER THIRD PARTY IN CONNECTION WITH ANY ACTIVITY AT OR RELATING TO THE EVENT.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR TRAVEL EXPENSES, LOST PROFITS, REVENUES OR BUSINESS OPPORTUNITIES FOR ANY MATTER ARISING FROM OR RELATING TO THE USER AGREEMENTS, THE SITE OR SERVICE, OR THE INTERNET GENERALLY, INCLUDING, BUT NOT LIMITED TO: (i) YOUR USE OR INABILITY TO USE THE SITE; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (iv) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (v) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND (vi) 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, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 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 IS TO STOP ACCESSING AND USING THE SITE.
INDEMNIFICATION
You agree to indemnify, hold harmless, and defend Us, Our Affiliates, and Our and Our Affiliates' respective shareholders, directors, officers, employees, and agents ("Company Parties") 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: (i) the User Agreements and/or any breach by You thereof; (ii) Your use of the Site, including any data, content, or material transmitted or received by You and Your use of any services made available through the Site; (iii) any unacceptable or objectionable use of the Site, as we determine in Our sole discretion; (iv) any negligent or willful misconduct by You; (v) your violation of any law or the rights of any third party; (vi) any allegation that the content You provide or data or information you input into Site infringes, misappropriates, or violates the intellectual property rights of a third party; (vii) as otherwise provided in the User Agreements; and (viii) any and all losses, damages, liabilities, settlements, judgments and expenses (including payment of Company Parties' attorneys' fees and costs) incurred by any of the Company Parties, assessed or found against any of the Company Parties, or made by any of the Company Parties, relating to or arising from any of the foregoing. The term "Affiliate" means any person or entity controlling, controlled by, or under common control with a stated party.
You understand and agree that your indemnification obligations to the Company Parties apply even if such third-party action and third-party related losses arise from the negligence of any kind or degree, breach of contract or warranty, strict liability, non-compliance with applicable law, or other fault or wrongdoing of any of the Company Parties. However, nothing contained herein shall be construed to require any indemnification that would render or make this clause, in whole or in part, void and/or unenforceable under applicable law.
We reserve the right to assume the exclusive defense and control of any matter for which You are required to indemnify Us and You agree to cooperate with our defense of such claims. You agree not to settle any such claim without Our prior written consent.
TERMINATION
We may terminate your right to access this Site at any time and without notice, at Our sole discretion.
INDEPENDENT CONTRACTORS
Company and You are and shall be independent contractors and neither party by virtue of the User Agreements shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
COMPLIANCE WITH LAWS
The sale or purchase of tickets to Events may be regulated by certain state, county and city laws or regulations. This Site is further subject to United States export controls. You acknowledge that complying with laws is Your responsibility, and You agree not to hold Us liable for Your failure to comply with any law or Our failure to notify You of any law.
INTERNATIONAL USERS
This Site is controlled, operated and administered by Us within the United States. We make no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. If You access this Site from a location outside of the United States, You are responsible for compliance with all local laws and regulations.
GOVERNING LAW AND FORUM
The User Agreements are made in, and shall be governed by, the laws of the State of Florida, excluding its conflicts-of-law provisions. All actions, claims, or disputes arising under or relating to the User Agreements shall be brought in the federal or state courts of Florida. You irrevocably submit and consent to the exercise of subject matter jurisdiction and personal jurisdiction over you exclusively by the federal and/or state courts in Florida. 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 Florida and to the venue of any such suit, action, or proceeding brought in any federal or state court in Florida.
REMEDIES
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of the User Agreements, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in the User Agreements 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. You understand and agree that in Company's sole discretion, and without prior notice, Company may terminate and block Your access to the Site or to its services.
SURVIVABILITY
The respective rights and obligations of the parties under the paragraphs titled "Representations and Warranties" (in the TOS and the Vendor Agreement), "Disclaimer of Warranties," "Limitation of Liability," "Indemnification," and "Governing Law and Forum" and as otherwise provided in the User Agreements, shall survive any termination or expiration of the User Agreements.
INTEGRATION AND CONFLICTING TERMS
The User Agreements constitute the complete and exclusive statement and agreement between Company and You with respect to use of this Site and the User Agreements supersede any and all prior or contemporaneous communications, representations, statements, agreements, and understandings, whether in oral, written, or electronic form, between You and Us concerning the use of the Site and Our service. The terms of the TOS and, as applicable, the terms of the Vendor Agreement shall be construed as consistent with each other whenever possible, but if such construction is unreasonable due to conflicting terms, the terms of the Vendor Agreement shall control.
WAIVER
No waiver of any term, provision or condition of the User Agreements, whether by conduct or otherwise, in any one or more instances, shall be deemed to be, or shall constitute, a waiver of any other term, provision or condition of the User Agreements, whether or not similar, nor shall such waiver constitute a continuing waiver of any such term, provision or condition of the User Agreements. No waiver shall be binding unless executed in writing by the party making the waiver.
MODIFICATION AND AMENDMENT
We have the right, at any time and without notice, to add or modify the terms of the User Agreements. Your access to or use of the Site after the date such amended terms are added 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.
FORCE MAJEURE
If the performance of any part of the User Agreements by Us 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 Our control, We shall be excused to the extent that We are prevented, hindered, or delayed by such causes.
SEVERABILITY
If any one or more of the provisions contained in the User Agreements shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of the User Agreements, which shall be enforceable to the fullest extent permitted by law.
NO ASSIGNMENT OR DELEGATION
No rights, obligations, or duties under the User Agreements shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.
SUCCESSORS AND ASSIGNS
Except as otherwise expressly provided in the User Agreements, the User Agreements shall insure to the benefit of and be binding upon the Company and its successors, assigns, heirs, executors, administrators, and legal representatives.
FURTHER ASSURANCES
You agree to execute and deliver any additional documents and instruments and perform any additional acts, in a reasonable period of time, that may be appropriate or necessary to perform and effectuate the provisions of the User Agreements.
HEADINGS AND ORDER
The headings and sequential order of the paragraphs and sections contained in the User Agreements are for convenience or reference only and shall have no substantive or procedural effects in construing the provisions of the User Agreements.
