General. dtickets.com acts as an intermediary between buyers and ticket sellers (defined below) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual ticket seller, the prices for tickets may be above or below face value. The following are the rules or “TERMS” that govern use of the dtickets.com Web Site (“SITE”) by you, the USER of the SITE (“USER”). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. dtickets.com.com reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS dtickets.com.com may terminate USER’s access to the SITE, bar USER from future use of the SITE, cancel USER’s ticket order, and/or take appropriate legal action against USER.
Above Face Value. Tickets sold through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or “face value” listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and its TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders. Orders placed through SITE will be fulfilled by one of our network of participating TICKET SELLERS. Contact information for the TICKET SELLER who fulfills USER’s order (hereinafter known as “FULFILLER”) will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact dtickets.com to retrieve information about the order.
All sales are final. Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, User will need to contact the FULFILLER for a refund. The FULFILLER may require the User to return the supplied tickets at User’s expense before receiving any refund User is entitled to due to cancellation. dtickets.com is not responsible for providing or securing this refund for User. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER’s bank, if any, are not covered by dtickets.com or Fulfiller. Neither dtickets.com nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When User receives tickets, User should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Pricing. All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price of an item until after an order is completed by USER. Despite SITE’s best efforts, a small number of the items listed on the SITE may be priced incorrectly. If the FULFILLER discovers an item’s correct price is higher than the stated price, the FULFILLER will either complete the order at the original price, contact USER to inform them of different price with an option to purchase, or cancel USER’s order and notify USER of such cancellation.
Taxes. Prices stated on the SITE do not include any state or other local taxes that may apply to USER’s order. TICKET SELLERS may collect sales tax as is appropriate for their locality.
Credit Card Charges. USER’s credit card will be charged by the FULFILLER responsible for fulfilling their order and not SITE. If USER have any questions about charges on USER credit card statement, feel free to contact us at email@example.com or to direct USER question to FULFILLER responsible for completing the ticket order. FULFILLER may charge or authorize USERS credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USERS credit card will not be charged or USER will receive a full refund for the charged amount.
Event Listings. SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date.
Ticket Holder Behavior Policy. The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venue’s rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the TICKET SELLER’s right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Ticket Availability. SITE cannot guarantee ticket availability until the USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some ticket listings on SITE may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either the USER’S credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the ticket request has been rejected.
Fraudulent Use. In order to protect our USERs from fraud, a USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver’s license or federal passport.
Shipping. All orders are shipped to USER using the delivery method chosen for the order. All shipments are to the billing address of USERS credit card (no exceptions). Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery.
Delayed Shipment. For certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas events tickets may not be available for immediate shipment. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow them to view the status of their order and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately.
International Shipping. Customers outside of the United States must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by the FULILLER after the order is placed to use the International Rate.
Delivery Verification. If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at their discretion, either contact USER about the additional fee prior to shipping or cancel USER’s order and notify USER of such cancellation.
Permitted Use. USER agrees that USER is only authorized to visit, view and to retain a copy of pages of this SITE for USER’s own personal use, and that USER shall not duplicate, download, publish, modify or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER’s personal use, unless otherwise specifically authorized by SITE to do so. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links. The SITE may automatically produce search results that reference or link to third party SITEs throughout the World Wide Web. SITE has no control over these SITEs or the content within them. SITE cannot guarantee, represent or warrant that the content contained in the SITEs is accurate, legal and/or inoffensive. SITE does not endorse the content of any third party SITE, nor do we warrant that they will not contain viruses or otherwise impact USER’s computer systems. By using the SITE to search for or link to another SITE, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another SITE. If USER experiences a problem with a link from the SITE, please notify us at firstname.lastname@example.org and we will investigate USER’s claim and take any actions we deem appropriate at our sole discretion.
Violation of the Terms. SITE, in its sole discretion, and without prior notice, may terminate USER’s access to the SITE, cancel USER’s ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
Intellectual Property Information. For purposes of these Terms, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledge and agree that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its Affiliates. USER is only permitted to use the CONTENT as expressly authorized by us or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific CONTENT provider, and USER are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither we or our Affiliates warrant or represent that USER’s use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or its Affiliates.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, we will terminate the infringing USERS’ rights to use and/or access to this SITE. We may, also in our sole discretion, decide to terminate a USER’s rights to use or access to the SITE prior to that time if we believe that the alleged infringement has occurred.
Disclaimers. SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER’S USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will SITE be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE has been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is a refund of the amount paid by the USER when placing an order through SITE.
Indemnity. USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of USER’s use of the SITE, including also USER’s use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Governing Law. USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Tolland County.
Arbitration. Any controversy or claim arising out of or relating to the use of the SITE, or any alleged breach of these policies, shall be resolved through binding arbitration in the jurisdiction of dtickets.com’s headquarters, Tolland County, Connecticut, and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
Force Majeure.dtickets.com shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under dtickets.com’S control (hereinafter all of the foregoing is collectively referred to as “Force Majeure”). Notwithstanding the foregoing, dtickets.com shall be permitted to terminate this Agreement with or without notice to the USER in the event that dtickets.comis prevented from performing hereunder due to FORCE MAJEURE.
USER Account. USER will select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of their username and password. USER agrees to immediately notify SITE at email@example.com should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER’s failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER’s account for any reason. Under no circumstances shall SITE be liable to any USER or third party for termination of a USER’s account.
Third Party Advertisers. SITE may allow third party advertisers to advertise on the SITE. SITE undertakes no responsibility for USER’s dealings with, including any on-line or other purchases from, any third party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.