Ticket Purchaser Terms of Service
LAST UPDATED: July 20, 2019 (summary of changes)
Welcome! Please read these Terms of Service (the “Agreement”) carefully, as they contain the legal terms and conditions that govern any purchases or payments you make via web pages at the domain tickets.chorusconnection.com (the “Site”) and constitute a legally-binding agreement between you and Chorus Connection Inc. (“we”, “us”, or “our”).
If you have any questions about this Agreement, please send us a note at support@chorusconnection.com.
1. ACCEPTANCE OF THIS AGREEMENT
By clicking that you accept this Agreement, you acknowledge that you have read, understood, and agree to this Agreement and our Privacy Policy and Cookie and Tracking Technology Policy (collectively, the “Legal Documents”). If you do not agree with the terms, conditions, or policies of any of the Legal Documents, you should not accept this Agreement and you should not complete any purchase or payment through the Site. This Agreement is effective as of the date you accept this Agreement.
2. WHO YOU ARE BUYING FROM
We are not the creator, organizer, or owner of the events listed on the Site, and we do not own the tickets sold on the Site. Rather, the Site is used by choruses and other types of organizations (“Event Organizers”) to sell tickets to concerts, fundraisers, and other events (“Events”). When you buy a ticket to an Event, you are entering into a binding contract with the Event Organizer to purchase those tickets. We do not in any way become a contractual partner to, or other participant in, the purchase transactions concluded between you and an Event Organizer. Additional terms communicated to you by the Event Organizer may apply.
3. CONTACTING THE EVENT ORGANIZER
Contact information for the Event Organizer will appear on the Site and on your email receipt if you purchase a ticket. If you have any questions about the Event, please contact the Event Organizer directly.
4. TICKET AVAILABILITY AND VENUE CAPACITY
The maximum number of tickets available for an Event is set by the Event Organizer. If the Event Organizer sells more tickets than the venue can accommodate, the Event Organizer is fully responsible for that decision. If you are denied access to the Event as a result of such a decision, the Event Organizer can choose how to handle the situation. Options include offering to refund your order, exchanging your ticket for a ticket to a different Event, or other options. If such a scenario arises, please contact the Event Organizer directly (see Section 3).
5. DELIVERY METHODS
Ticket delivery options are Event-specific and are determined by the Event Organizer. Please contact the Event Organizer with any questions about your ticket or what you need to bring with you on the day of the Event.
6. TICKET PRICES AND FEES
Event ticket prices are set by the Event Organizer. Ticket prices are displayed in and all transactions occur in U.S. Dollars.
Ticket orders (“Ticket Orders”) processed through the Site are subject to two types of fees (“Ticket Order Fees”). There is a fee of 2.5% + $1 associated with every individual ticket. Ticket Orders are also subject to our standard credit card processing fee (“Processing Fee”) of 2.9% + 30¢, which is calculated based on the total amount charged to the credit card for the Ticket Order.
Event Organizers can choose whether to absorb Ticket Order Fees or pass them on to you. If they choose to pass them on to you, you will be able to see the total Ticket Order Fees clearly marked during the checkout process.
We may, at our sole discretion, change the above fees or fee structure at any time.
7. PRICING AND OTHER ERRORS
It is possible that a system malfunction or human error could allow you to purchase otherwise unavailable tickets, or tickets for an incorrect price. In the event of such an error, we reserve the right to cancel and fully refund your order.
8. EMAIL RECEIPTS
When you complete a ticket purchase, we will send you an email receipt. If you do not receive a receipt, it is possible that the receipt was filtered into your email provider’s spam folder, that your order was never completed, that you mistyped your email address during checkout, or another reason. First, please check your spam folder. If you don’t find the receipt there, please contact the Event Organizer (see Section 3), who can help you determine what happened and make sure you receive a receipt for any completed orders. We will not be responsible for losses if you assume that an order was not placed because you failed to receive or did not find a receipt.
9. THIRD-PARTY SERVICES AND CONTENT
We utilize various third-party services and websites (“Third-Party Services”) to help us operate the ticketing service available via the Site (“Ticketing Service”), such as Stripe for payment processing and Mailgun for email services. We have no control over the content and policies of these Third-Party Services, and in no event shall we be held responsible or liable for the accuracy, reliability, or currentness of any third party’s content or policies.
In no event shall a description or reference to a third party’s product or service (including, but not limited to, providing a description or reference via hyperlink) be construed as an endorsement of such third-party product or service by us.
We reserve the exclusive right to add to, modify, or cancel the availability of any Third-Party Service.
9.1 Payment Processing
We use a third-party credit card processor (“Third-Party Payment Service”), Stripe, when processing Ticket Orders.
9.2 Email Services and Spam
We use a third-party email service (“Third-Party Email Service”), Mailgun, to deliver emails and provide other email-related services (collectively, “Email Services”).
Our ability to provide Email Services depends on the spam-related reputation (“Reputation”) of the servers used by our Third-Party Email Service. To protect our Reputation and continue to provide reliable Email Services, we reserve the right to suspend Email Services to any person at our sole discretion (e.g. if said person repeatedly marks emails sent from or through Chorus Connection as spam).
10. REFUNDS AND EXCHANGES
All sales are final, so please review the details of your order carefully prior to completing your purchase. The Event Organizer has complete discretion over whether to offer refunds or ticket exchanges. Please note that many Event Organizers do not offer refunds. For more information about the refund policy for a specific Event, or to request a refund, please contact the Event Organizer directly (see Section 3).
11. CANCELLED AND RESCHEDULED EVENTS
The Event Organizer or others outside our control may cancel or reschedule an Event. It is up to the Event Organizer to decide how to handle such situations. Potential options include offering to refund your order, exchanging your ticket for a ticket to a different Event, or other options. We do not control the Event Organizer’s decisions, though we might help them communicate with you to share updates and options the Event Organizer is making available to you. If an Event to which you’ve purchased tickets through the Site is cancelled or rescheduled and you have any questions, please contact the Event Organizer directly.
12. REFUSALS, EJECTIONS, AND VIOLATIONS OF TERMS
A ticket is a revocable license, and we reserve the right to cancel your order for any reason upon refunding the full value of your order. Similarly, an Event Organizer may cancel your order or refuse to grant you admission to the Event for any reason upon refunding the full value of your order.
In addition, if any information you’ve entered is found to be false, misleading, incorrect, or incomplete, if you make a counterfeit ticket to gain unlicensed access to an Event or otherwise commit fraud, or if you are found to be in violation of this Agreement, that is grounds for seizure and cancellation without refund of any and all tickets you’ve purchased through the Site.
The Event Organizer also reserves the right, without issuing a refund, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with the Event Organizer’s applicable rules, policies, or terms.
13. RESALE OF TICKETS
Tickets purchased through the Site are for individual use only and not for resale. Resale will automatically void tickets, barring refunds, exchanges, and entry into the Event.
14. AGE RESTRICTIONS
Events listed on the Site may have age restrictions associated with them. Any such restrictions should be publicly posted by Event Organizers. It is your responsibility to read the description of an Event before purchasing any tickets to ensure that there are no age restrictions that would make you ineligible to attend.
Additionally, this Site is not intended for and may not be used by children under the age of 16 in the European Economic Area or children under the age of 13 in other jurisdictions (“Young Children”). If you are a Young Child (as defined above), do not purchase any tickets or otherwise provide your personal information to an Event Organizer via the Site. If you are a Young Child and want to attend an Event listed on the Site, a parent or guardian must purchase tickets on your behalf.
15. PROPRIETARY RIGHTS
The design, layout, and source code of the Site are owned by us and are protected by copyright, trademark, or other laws. You acknowledge and agree that nothing in this Agreement provides you with any rights or ownership in our copyrights or trademark rights (“IP Rights”). The IP Rights are our exclusive property and this Agreement does not transfer any IP Rights to you or vest any IP Rights in you.
16. NON-EXCLUSIVE LICENSE
Subject to the terms and conditions of this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use the Site during the period for which we provide you access. Without limiting the foregoing, you agree not to (and agree not to allow any third party to):
Sublicense, distribute, or use the Site outside the scope of the license granted in this Agreement;
Copy, modify, adapt, translate, prepare derivative works from, reverse engineer, disassemble, or decompile the Site or otherwise attempt to discover any source code or trade secrets related to the Site;
Rent, lease, sell, assign, or otherwise transfer rights in or to the Site;
Use, post, transmit, or introduce any device, software, or routine which interferes or attempts to interfere with the operation of the Site;
Use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features or exploit any copyright or other proprietary rights associated with the Site, including screenshots and transcripts, in any way, unless we provide our express written consent;
Register, attempt to register, or assist anyone else to register any trademark, trade name, service marks, logos, domain names, and other distinctive brand features, copyright or other proprietary rights associated with us or the Site; and
Remove, obscure, or alter any notice of copyright, trademark, or other proprietary rights appearing in or on any item included with the Site.
Any use of the Site other than as specifically authorized in this Agreement, without our prior written permission, is strictly prohibited and will terminate the license to use the Site granted in this Agreement.
17. PROHIBITED ACTIVITIES
As a condition of your use of the Site, you agree to comply with all United States and foreign laws. In addition to the other restrictions outlined in this Agreement, you agree:
Not to take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large burden or load on the Site’s infrastructure;
Not to interfere or attempt to interfere with the proper working of the Site or any activities conducted using the Site;
Not to introduce any malicious software, viruses, worms, Trojan horses, or other harmful code onto the Site that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment, or to damage or obtain unauthorized access to any system, data, password, or other information of ours;
Not to impersonate any person or entity, including any of our employees or representatives;
Not to engage in any harassing, intimidating, or predatory behavior, or stalk any other user of the Site;
Not to circumvent any security-related features of the Site, including those designed to limit copying or reproduction;
Not to bypass any measures we may use to prevent or restrict access to the Site (or other accounts, computer systems, or networks connected to the Site);
Not to use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site;
Not to directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder;
Not to violate any applicable local, state, national, or international laws or regulations;
Not to upload any content that violates the rights of any third parties, including, but not limited to, copyright, trademark, statutory, and other proprietary rights; and
Not to use the Site for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates this Agreement.
18. COPYRIGHT INFRINGEMENT AND OTHER INTELLECTUAL PROPERTY COMPLAINTS
18.1 Filing a Complaint
If someone has uploaded content to the Site that infringes your intellectual property rights, you should send us a request to take down the content at support@chorusconnection.com. Any such complaints or requests should include:
Your name, address, telephone number, and email address;
Your physical or electronic signature;
Any additional information listed in the corresponding section below.
18.1.1 Copyright Infringement
If you send us a request to take down content that infringes upon your copyright, your request should include:
A description of the content that you believe infringes upon your copyright;
The name of the copyrighted work that you believe is being infringed;
The website URL that contains or is associated with the infringing content;
A short explanation of how the content infringes your rights;
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or under the law; and
A statement under penalty of perjury that the information included in the notification is accurate and that you are authorized to act on behalf of the owner of the copyright.
Please note that we have designated the following agent for such copyright complaints or requests under the Digital Millennium Copyright Act (“DMCA”): Brian Griffin. Copyright complaints and requests can be sent directly to this agent at support@chorusconnection.com. To learn more about the policies and requirements of the DMCA, please visit http://www.copyright.gov/legislation/dmca.pdf.
18.1.2 Other Intellectual Property Infringement
If you send us a request to take down content that infringes upon any other intellectual property rights (e.g., trademarks, patents, trade secrets, a right of publicity, etc.), your complaint or request should include:
The intellectual property you own that is being infringed;
A description of the content you believe infringes upon your intellectual property;
The website URL that contains or is associated with the infringing content; and
A short explanation of how the content infringes your rights.
18.2 Next Steps
Once we receive a complaint, we will make best efforts to review the complaint as soon as possible. If you have provided all of the information above, we will promptly remove or block access to the content, and will send a notice to other relevant parties indicating that we have done so. We will terminate the accounts of any repeat infringers at our discretion.
18.3 Counter Notice
If you receive a notice that we have removed infringing or false content, and you believe that we have acted as a result of misidentification or error, you can lodge a Counter Notice by emailing us at support@chorusconnection.com. Any Counter Notice should include:
Your name, address, telephone number, and email address;
An identification of the material that we have taken down;
A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of a mistake or misidentification;
A statement that you consent to the jurisdiction of the U.S. District Court for the federal district in which Chorus Connection Inc. operates, and that you will accept service of process from the complaining party or its agent in the event that a lawsuit is filed against you relating to such content; and
Your physical or electronic signature.
If we receive such a Counter Notice, we will put the removed content back on your profile, unless we first receive notice from the complaining party that it has filed a lawsuit or other action seeking a court order to keep you from engaging in the allegedly infringing activity.
19. DISCLAIMER
YOU UNDERSTAND AND AGREE THAT WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE SITE OR ANY THIRD-PARTY SERVICES OR OTHER SOFTWARE REFERENCED IN THIS AGREEMENT, ALL OF WHICH ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, COMPLETENESS, SECURITY, COMPATIBILITY, RELIABILITY, OR OTHERWISE, WITH RESPECT TO ALL SUCH SOFTWARE.
WE AND OUR OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, SERVANTS, COUNSEL, EMPLOYEES, CONSULTANTS, AND OTHER PERSONNEL AUTHORIZED TO ACT, ACTING, OR PURPORTING TO ACT ON OUR BEHALF (THE “CHORUS CONNECTION PARTIES”) DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE OR THAT DEFECTS WITH THE SITE WILL BE CORRECTED. MOREOVER, YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE AND ANY THIRD-PARTY SOFTWARE ON THE SITE IS AT YOUR OWN RISK.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU. THIS PARAGRAPH GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
20. LIMITATION ON LIABILITY
IN NO EVENT SHALL THE CHORUS CONNECTION PARTIES BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SITE OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF THE CHORUS CONNECTION PARTIES IN ANY CIRCUMSTANCE EXCEED THE LESSER OF THE ACTUAL AMOUNT OF DIRECT DAMAGES OR THE AMOUNT OF FEES ACTUALLY PAID TO THE CHORUS CONNECTION PARTIES AND ATTRIBUTABLE TO THE SERVICES FOR THE TWELVE WEEKS IMMEDIATELY PRECEDING THE CLAIM DURING THE CURRENT TERM OF THIS AGREEMENT.
21. INDEMNITY
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Chorus Connection Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees) arising from: (i) your use of and access to the Site; (ii) your violation of any term of this Agreement; or (iii) your violation of any law, rule or regulation, or the rights of any third party.
22. TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with us must be filed within one year after such claim arose; otherwise, your claim is permanently barred.
23. MODIFICATION
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) with or without notice.
24. NOTICE
We may provide you with notices, including those regarding changes to this Agreement. Such notices may not be received if you violate this Agreement by accessing the Site in an unauthorized manner. You acknowledge that under this Agreement, by using the Site you are deemed to have received any and all notices that would have been delivered had you accessed the Site in an authorized manner.
25. NO WAIVER
No delay, failure, or waiver of our exercise or partial exercise of any right or remedy under this Agreement shall operate to limit, impair, preclude, cancel, waive, or otherwise affect such right or remedy. Any waiver by us of any provision of this Agreement shall not imply a subsequent waiver of that or any other provision of this Agreement.
26. ENTIRE AGREEMENT
This Agreement sets forth the entire understanding and agreement between you and us as to the subject matter hereof, and supersedes any and all prior discussions, agreements and understandings of any kind (including without limitation any prior versions of this Agreement), and every nature between us. Except as provided for above, any modification to this Agreement must be in writing and must be signed by both parties.
27. ASSIGNMENT
This Agreement may be assigned in its entirety, without any consent, in connection with a merger, acquisition, corporate reorganization, bankruptcy, sale of all or substantially all of our assets, or any other change of control.
28. ARBITRATION & WAIVER OF CLASS ACTION
You and Chorus Connection Inc. agree to arbitrate any dispute arising from this Agreement or your use of the Site on an individual basis. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. YOU AND CHORUS CONNECTION INC. HEREBY EXPRESSLY WAIVE TRIAL BY JURY. You and Chorus Connection Inc. agree that: (i) any arbitration will occur in New York, New York; and (ii) the arbitration will be conducted confidentially by a single arbitrator, with limited discovery, and in the English language. Except as modified by this section, the arbitration will be conducted in accordance with the rules of the American Arbitration Association for arbitration of consumer-related disputes. At your request, hearings may be conducted in person or by telephone. The arbitration will be conducted solely on the basis of documents Chorus Connection Inc. and you submit to the arbitrator, unless the arbitrator determines that a hearing or further discovery is necessary.
The arbitrator will render an award and decision within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.
Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available to a court or other tribunal. THE PREVAILING PARTY IN ANY ACTION OR PROCEEDING TO ENFORCE THESE TERMS SHALL BE ENTITLED TO COSTS AND ATTORNEYS' FEES. THE ARBITRAL DECISION MAY BE ENFORCED IN ANY COURT. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND CHORUS CONNECTION INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR REPRESENTATIVE ACTION OR PROCEEDING.
29. GOVERNING LAW
This Agreement shall be governed by the laws of the State of New York, without giving any effect to any conflict of law principles. You waive any objection based on lack of personal jurisdiction, place of residence, improper venue, or forum non conveniens in any such action.
30. FORCE MAJEURE
We shall not be held liable for any delays, failure in performance, or interruption of service which result directly or indirectly from any cause or condition beyond our reasonable control, including, but not limited to, any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, civil disturbance, war, strike or other labor dispute, fire, interruption in telecommunications or Internet services or network provider services, failure of equipment and/or software, other catastrophe, or any other occurrence which is beyond our reasonable control and shall not affect the validity and enforceability of any remaining provisions.
31. SEVERABILITY
If any provision of this Agreement shall be determined to be invalid or unenforceable under any rule, law, or regulation or any governmental agency, local, state, or federal, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under any applicable law and the validity or enforceability of any other provision of this Agreement shall not be affected.
32. NOTE TO INTERNATIONAL USERS
The Site is hosted in the United States, and ticket-related features are currently only available for U.S.-based Event Organizers. However, it is still possible for individuals from outside the U.S. to purchase tickets to an Event. If you reside outside the U.S., please note that the United States may not have the same data protection laws as the country in which you reside. Through your continued use of the Site, you: (i) agree to the transfer of your personal information to the United States; and (ii) agree to our use of your personal information in accordance with our Privacy Policy.
33. CHANGES TO THIS AGREEMENT
As our company evolves, we may occasionally update this Agreement to make the language clearer, reflect new business practices, or for other reasons. We will keep this page updated with the latest version of the Agreement. We will also keep prior versions of the Agreement on file. Additionally, we will maintain a summary of changes to the Agreement on our website here.
34. CONTACT US
To request a copy of a prior version of this Agreement, or for any other questions or concerns, please email us at support@chorusconnection.com, or you can reach us by mail at the below address.
MAILING ADDRESS
Attn: Support
Chorus Connection
157 Columbus Ave, 4th floor
New York, NY 10023