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Terms & Conditions: |
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Primary Ticket Sales |
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TIXEM is a corporation registered in the state of Delaware. The use of TIXEM, tixem.com (the “site”) is governed by the policies laid out on this page. Use of this site is provided to You subject to this Agreement, which may be updated from time-to-time at Our sole discretion. You hereby agree as follows:
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BY USAGE OF THIS SITE, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND THE COMPANY'S PRIVACY POLICY, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT 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 THIS AGREEMENT 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.
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A. Usage Terms |
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You agree to only view, visit and save pages from our website for your own personal use. You also agree not to attempt to access any unauthorized information from the site. TIXEM retains the right to immediately discontinue access to registered users, promoters or other areas of the website if it is deemed that the user has either not adhered to these terms of commitment, or for any other reason at TIXEM’s sole discretion.
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Certain states, counties and cities regulate ticket purchase and sale to entertainment events. You may be asked to provide information during the process of signing up on the site. You warrant that all information you provide will be true, complete and correct, and that you will update all information as it changes. You also acknowledge that complying with all 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, OR PROPERLY APPLY, ANY LAW. WE WILL COMPLY WITH LAW ENFORCEMENT AND MAY PROVIDE THEM WITH ALL INFORMATION YOU SUBMIT TO US TO ASSIST IN ANY INVESTIGATION OR PROSECUTION THEY MAY CONDUCT. If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, authentication, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card, you may be prohibited from using the site.
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TIXEM may provide users the ability to participate in user discussion boards, or other user interactions in which all the content posted is solely the responsibility of the individuals posting this material. TIXEM will not be liable or responsible for any such content. Users posting material that is illegal or offensive may be held legally liable for posting such content on the site. If you find any such content, please contact us at support@tixem.com and we will determine the appropriate course of action.
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The following information provides examples of the types of user content that is prohibited on the TIXEM website
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- Content that is considered offensive to other individuals or groups such as racist material, bigotry and hate mails
- Content that infringes on copyrights or patents of TIXEM or of any other organizations or legal holders of proprietary rights
- Transmission of junk mail and spam
- Information containing user ID, password or any other sensitive protected data related to the TIXEM site, or for any other website
- Any pornographic or sexually explicit images
- Material that provides information on any illegal activities
- Material harming minors in any way
- Impersonating any person or entity, including TIXEM or your affiliation with any promoter, venue, or organization
- Stalk or otherwise harass another
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B. Disclaimers |
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TIXEM cannot guarantee that the site or use of TIXEM’s services will be free of errors, or that it will provide uninterrupted service. This site is delivered as presented. No warranty can be given regarding the impact of using the site. Further, TIXEM cannot guarantee that any files or items accessed on this website do not contain viruses, and TIXEM cannot be held liable for any damages or problems arising from the use of this site.
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The TIXEM website may provide links to other third party sites (such as individual venue websites) that are not managed by us. TIXEM has no control over the content provided in such sites, and cannot provide any guarantee of the content, or of the security of entering any data on these third party sites.
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C. Limitation of Liability |
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TIXEM will not be liable for any damages, direct, incidental, consequential, or punitive arising from the usage of this site. Any misconduct noticed from other users or any erroneous errors on this site can be reported to support@tixem.com
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TIXEM will also not be liable for the omissions and conduct of any third parties such as venue promoters and performers and payment gateways, or advertisers and sponsors arising from your use of the TIXEM service or this website.
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D. Indemnity |
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You agree to indemnify and hold TIXEM and its affiliates, and each of TIXEM and its affiliates' respective officers, agents, employees, contractors and principals, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the site, including also your use of the site to provide a link to another site or to upload content or other information to the site.
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E. Disputes |
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All disputes will be subject to the laws of the state of Delaware, United States of America.
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F. Trademarks |
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TIXEM is a registered trademark of TIXEM, Inc. and any breaches of this trademark will be prosecuted to the fullest extent of the law.
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G. Member Account and Password Security |
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You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify TIXEM of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. TIXEM cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
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H. Content |
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You acknowledge that TIXEM does not pre-screen any Content working in coordination with the Service, but that TIXEM and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that TIXEM may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TIXEM, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
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I. No Resale of Service |
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You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
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J. Termination |
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You agree that TIXEM, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due TIXEM, or if TIXEM believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TIXEM may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TIXEM may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TIXEM shall not be liable to you or any third-party for any termination of your access to the Service.
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K. Links |
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The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TIXEM has no control over such sites and resources, you acknowledge and agree that TIXEM is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TIXEM shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource
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M. Time to File Claim |
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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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
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N. Remedies |
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In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of this Agreement, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in this Agreement 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.
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O. Severability |
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If any one or more of the provisions contained in this Agreement shall for any reason be found to be invalid, illegal, or unenforceable in any respect, said finding shall not affect the remaining provisions of this Agreement, which shall be enforceable to the fullest extent permitted by law.
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P. Privacy |
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Your information is collected and utilized pursuant to Our Privacy Policy, incorporated by reference herein. We do not knowingly collect information from children. This site is intended for use by adults only.
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Q. Representations and Warranties |
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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 this Agreement; (iii) You will not use Our service or website for any unacceptable uses; (iv) You will not use Our website or service to violate any federal, state, and/or local law; and (v) You will only use Our website or service to transmit and disseminate information reasonably related to Your ticket purchase and/or Event information.
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R. General |
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TIXEM acts as an intermediary between buyers and ticket brokers 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 brokers.
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S. Orders |
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Orders through TIXEM will be fulfilled by one of our network of participating brokers. Contact information for the broker who fulfills your order (Fulfilling Broker) will be provided to User during the purchase process. If you lose this information User may contact support@tixem.com to get 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 Fulfilling Broker for a refund. The Fulfilling Broker may require the User to return the supplied tickets at User's expense before receiving any refund User may be entitled to due to cancellation. TIXEM is not responsible for providing or securing this refund for User. Any shipping and handling charges are not refundable. Neither TIXEM nor the Fulfilling Broker 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.
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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, and User has chosen to be automatically upgraded, the Fulfilling Broker will fill the order with the alternative seat locations. If User is automatically upgraded, User's credit card will be charged at the time the order is received and User will be contacted for notification of the new seat locations. If User has not chosen to be automatically upgraded, a representative from the Fulfilling Broker may contact User to discuss alternative seat locations, and User's credit card will not be charged until we have received permission from User to fill your order with alternative seat locations.
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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 notarized public documents such as a state driver's license or federal passport.
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All orders are shipped via User's chosen shipping method to the billing address of User's credit card (no exceptions). Most orders are processed the same business day in which they are received. Orders placed after business hours may be processed on the next business day. For certain events, tickets may not be available for immediate shipment. In this case, a representative from the Fulfilling Broker will contact User with notification of an approximate shipping date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. All shipments will require a signature at the point of delivery. Customers outside of the United States must choose an International Delivery option. If any other option is chosen for an order outside the United States, the shipping cost may be adjusted by the Fulfilling Broker after the order is placed to use the International Rate.
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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 Fulfilling Broker will, at their discretion, either contact you about the additional fee prior to shipping or cancel your order and notify you of such cancellation.
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T. Pricing |
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Tickets sold through our site are from secondary ticket market brokers and are being resold in many cases above the price or "face value" listed on the ticket.
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TIXEM cannot confirm the price of an item until you order; however, the Fulfilling Broker does NOT charge your credit card until after the ticket has been secured. Despite TIXEM's best efforts, a small number of the items listed on the Site may be mispriced. If the Fulfilling Broker discovers an item's correct price is higher than the stated price, the Fulfilling Broker will, at their discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
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Prices stated on the Site do not include any state or other local taxes that may apply to User's order. All prices are in United States Dollars (USD) unless otherwise specifically stated.
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U. Credit Card Charges
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If another broker is handling your order, their business name rather than TIXEM will be the name appearing on your statement. If you have any questions about charges on your credit card statement feel free to contact us at support@tixem.com.
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V. Third Party Advertisers
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TIXEM may allow third party advertisers to advertise on the Site. TIXEM undertakes no responsibility for User's dealings with, including any on-line or other purchases from, any third party advertisers. TIXEM shall not be responsible for any loss or damage incurred by User in its dealings with third party advertisers.
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Privacy Policy |
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This privacy policy covers TIXEM's treatment of personal or personally identifiable information that may be collected when User is on the Site and when User uses TIXEM’s services. This Privacy Policy does not apply to the practices of companies or individuals that TIXEM does not own or exercise supervisory control over, or to third party advertisers on the Site.
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This privacy notice discloses the privacy practices for support@tixem.com . This notice applies solely to information collected by these two applications. It will notify you of the following:
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- What personally identifiable information is collected from you through the web site, how it is used, and with whom it may be shared.
- What choices are available to you regarding the use of your data.
- The security procedures in place to protect the misuse of your information.
- How you can correct any inaccuracies in the information.
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Information Collection, Use, and Sharing
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We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order or provide the event alerts that you requested. Unless you ask us not to, we may contact you in the future to tell you about specials, new products or services, or changes to this privacy policy. The event organizers themselves (Non-Profits, Venues, or Promoters, depending on the event itself) may also be provided a limited subset of information based on their requirements to fulfill your ticket purchase.
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Further, this information may be made available under instruction from a United States court of law or to our payment gateway partners explicitly for the purpose of providing required information to complete a transaction you initiated or to resolve a user issue. We use Agents to fulfill and distribute our premium ticket orders, to bill you for goods and services, and to assist us in marketing efforts. They have access to the necessary personal information needed to perform their functions.
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Your Access to and Control Over Information
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You may opt out of any future contacts from us at any time. You can do the following at any time by contacting us via the email address or phone number given on our website:
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- See what data we have about you, if any.
- Change or correct any data we have about you.
- Unsubscribe from us.
- Express any concern you have about our use of your data.
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Security
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We take precautions to protect your information. When you submit sensitive information via the website or mobile phone, your information is protected both online and offline.
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Whenever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
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While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers in which we store personally identifiable information are kept in a secure environment.
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If you feel that we are not abiding by this privacy policy, you should contact us immediately via telephone at (260) TO TIXEM or via Email at support@tixem.com
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