Terms and Conditions for Purchases
Effective April 1, 2020
These Terms and Conditions (“Terms”) are a binding contract between you and Acme Technologies Inc. (referred to in this agreement using “us”, “we”, and “our”). Your access to and use of this service is conditioned on your acceptance of and compliance with these Terms. Our Privacy Policy is incorporated by reference in these Terms. These Terms apply to all visitors, users and others who access or use this service and govern your purchase of memberships or tickets through this service. If you have any questions about these Terms, please contact us at support@acmeticketing.com. By accessing or using this service you agree to be bound by these Terms, as updated from time to time. If you disagree with any part of the Terms then you may not access or use this service. Memberships or tickets for any event or venue purchased through this service may contain additional terms and conditions as well as any terms and conditions required by the venue (or venues) where the event takes place and/or the entity (or entities) that operate(s) the event.
Our Role
For any event for which tickets or memberships are purchased through this service, we are the authorized ticketing agent for the venue(s) where the event takes place and/or the entity (or entities) that operate the event. We handle the transaction and collect payment for the event on behalf of the venue(s) where the events take place and/or the entity (or entities) that operate the event. Membership and/or ticket prices, availability and other terms and conditions are determined in connection with the applicable venues and/or the entities that operate(s) the event, which is (are) not operated or controlled by us.
Ticket Orders
All ticket prices are stated in the local currency for the venue for which you are purchasing tickets. ALL TICKET SALES ARE FINAL. All tickets, once purchased, are non-refundable and cannot be exchanged or rescheduled for other events, days or times. You are responsible for reviewing the information about any event for which you purchase tickets, including the event date, time, locations, and any other conditions or restrictions regarding the event. For some events, you may need to provide your name, email addresses, or other information as the person buying the ticket(s), and for each ticket holder/person(s) attending the event. You must correctly enter such information, as it may not be possible to make changes after you make your purchase.
Membership Orders
All membership prices are stated in the local currency for the venue for which you are purchasing. ALL MEMBERSHIP SALES ARE FINAL. All memberships, once purchased, are non-refundable and non-transferrable. For memberships, you may need to provide your name, email addresses, or other information as the person buying the memberships(s), and for each additional person on the membership(s) if applicable. You must correctly enter such information, as it may not be possible to make changes after you make your purchase.
Membership Auto Renewal
If you choose to automatically renew your membership, you agree that we will keep your payment information on file. Your card will be charged up to fourteen (14) days prior to your membership renewal date. If you wish to cancel your Auto Renew membership, you must contact the venue at (212) 423-3200 or info@thejm.org at least thirty (30) days prior to your membership renewal date. If you have any concerns, issues, or questions regarding your Auto Renew membership, please contact the venue to help resolve.
Order Confirmation
After you have placed a membership or ticket order and submitted your payment information, you will receive an order confirmation from us and/or the venue in the form of a confirmation page and/or email. Your order may not be valid if you do not receive an order confirmation or if you experience an error message or other service interruption after you have placed your membership or ticket order and submitted your payment information. It is your responsibility to verify and confirm that your membership or ticket order was received, as you may be the only one aware of any problems that occurred during the ordering process. We will not be responsible for any losses (monetary or otherwise) for any membership or ticket order placed for which you did not receive an order confirmation.
Delivery Options
There may be various delivery methods offered for your membership or ticket purchase. You should review the list of delivery methods offered prior to making your membership or ticket purchase. In some cases, a delivery or shipping charge may apply.
Additional Fees
Certain membership or ticket purchases may be subject to an additional, non-refundable service fee (which may be calculated on a per-order or per-ticket basis).
Canceled and Postponed Tours
It is possible that your event may be canceled or rescheduled by the venue(s) where the event will take place and/or the entity or entities that operate(s) the event, which is out of our control. If your event is canceled, you may be eligible for a refund from the venue(s) and/or event operator(s). Refunds are given at the discretion of the venue(s) and/or event operator(s) and we will not be able to issue you a refund for any canceled or postponed event.
Limitation of Liability
We will not be liable for any damages or expenses that you or anyone else incurs in connection with a canceled or postponed event. You assume all risks in connection with visiting the venue(s) and/or your participation in the event (and any risks incidental to the event), whether before, during or after the event, and you waive any claims for any personal injury (or death), property damage or other losses against us, and our employees and agents on behalf of yourself and your ticket holder(s) relating to your visit to the venue(s) and/or in connection with the event.
Additional Terms and Conditions
You acknowledge that admission to any venue where the event takes place may be refused by the venue, in its discretion, for various reasons, and that the venue and the event operator(s) have the right to refuse admission to or eject (without refund) any person whose conduct is deemed disorderly, offensive, disruptive, or dangerous or that fails to comply with rules of the venue and/or the event operator(s). You also acknowledge that you and your belongings may be searched upon entry to a venue and/or a venue may condition admission upon such a search. If you do not permit such a search, you may be denied entry to the event (and will not be eligible for a refund).
No Re-Sale of Memberships or Tickets
Memberships or tickets are not redeemable for cash. You may not resell your membership or tickets. Any resale (or attempted resale) of your membership or ticket(s) is grounds for your membership or ticket(s) being canceled (without refund). You may not use any membership or ticket(s) for any advertising, contests, sweepstakes, or other promotional offers.
ERRORS AND OMISSIONS
We are constantly updating our offerings of products and services on this service. The products or services available on this service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on this service. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
ACCOUNTS
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account. You are responsible for safeguarding the password that you use to access this service and for any activities or actions under your account, whether your account is with this service or a third-party service. You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
COPYRIGHT POLICY
We respect the intellectual property rights of others. It is our policy to respond to any claim that content posted on this service infringes the copyright or other intellectual property infringement of any person. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through this service, you must submit your notice in writing us at support@acmeticketing.com and include in your notice a detailed description of the alleged infringement. You may be held accountable for damages (including, but not limited to, costs and attorneys' fees) for misrepresenting that any content in this service is infringing your copyright.
DMCA NOTICE
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us in writing via email at support@acmeticketing.com with the following information (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on this service where the material that you claim is infringing is located
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
INTELLECTUAL PROPERTY
This service and its original content, features and functionality are and will remain our exclusive property and that of our licensors. This service is protected by copyright, trademark, and other laws of both the United States and of foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.
LINKS TO THIRD PARTY SERVICES
This service may contain links to third party services that are not owned or controlled by us. We strongly advise you to read the terms and conditions and privacy policies of any third party services that you visit. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third party services. You further acknowledge and agree that we 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 web sites or services.
TERMINATION
Service
We may terminate or suspend access to this service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Account
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use this service will immediately cease. If you wish to terminate your account, you may simply discontinue using this service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
INDEMNIFICATION
You agree to defend, indemnify and hold us, our licensee and licensors, and our employees, contractors, agents, officers and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees and other legal expenses), resulting from or arising out of a) your use and access of this service, by you or any person using your account and password; or b) a breach of these Terms.
LIMITATION OF LIABILITY
In no event shall we, nor our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use this service; (ii) any conduct or content of any third party on this service; (iii) any content obtained from this service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
DISCLAIMER
Your use of this service is at your sole risk. This service is provided on an "AS IS" and "AS AVAILABLE" basis. This service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Neither we, nor our subsidiaries, affiliates, or licensors warrant that a) the service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the service is free of viruses or other harmful components; or d) the results of using the service will meet your requirements.
GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of the State of California, United States of America, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding this service, and supersede and replace any prior agreements we might have between us regarding this service.