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Step 1 (of 2): Please read and agree to our Promoter Sales Agreement.
THIS AGREEMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU (Promoter) AND TWO FOUR TIX, LLC ("24TIX.COM") a Utah Limited Liability Company with principal offices located at 314 West Broadway #250, Salt Lake City, Utah.
PLEASE READ THIS AGREEMENT ("AGREEMENT") IN ITS ENTIRETY BEFORE YOU CONTINUE TO USE THIS WEBSITE. BY CHECKING THE BOX THAT INDICATES AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT AND BY USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE, DO NOT CHECK THE BOX INDICATING AGREEMENT, AND DISCONTINUE USING THE SITE.
1. SERVICES OFFERED BY 24TIX.COM.
A. Internet-Based Ticketing Business.
24tix.com is an Internet-based ticket provider, marketplace, and music resource for tickets to shows, concerts, and events listed by/from Promoters and offered for sale via the Internet / World Wide Web to customers of 24tix.com.
B. Real Time Purchases.
24tix.com offers tickets listed by/from Promoters for the sole purpose of immediate sale to persons who make a decision to buy Tickets of a Promoter?s placement on 24tix.com's web site ("Customers"). 24tix.com's web site provides access for Customers to Tickets of all Promoters, all shows listed by Promoters, and allows Customers to purchase the Tickets from 24tix.com by using such electronic payment methods that 24tix.com accepts.
C. Payment Processing Services.
In addition to allowing Tickets from Promoter to be posted on the site for immediate sale to Customers, 24tix.com processes all Transactions by using a Secure Sockets Layer ("SSL") encryption network and any other processes available through the processing platform of its merchant services provider (collectively, "Services") and will charge the Customer a ?service charge? to cover the cost of handling and processing the ticket purchase transaction on behalf of the Promoter.
D. Remittance of Payment for Sold Tickets To Promoters
24tix.com remits monies, collected by 24tix.com for tickets sold, to Promoters on the first Tuesday following the completion of the event for which tickets were sold. Funds shall be transmitted by ordinary business check for the face value of the tickets sold. Special payment arrangements can be made as needed by promoters.
2. ACCEPTANCE, EFFECTIVE DATE AND AMENDMENT.
A. Effective Date.
This Agreement becomes effective when you sign this agreement and the agreement is received and approved by 24tix.com. The operating regulations of 24tix.com ("Operating Regulations"), the information gathered by 24tix.com from Promoter in the online registration process ("Registration Form"), the list of Tickets that may be marketed on 24tix.com's web site, and such other documents, policies and procedures 24tix.com requires Promoter to conform to, are all incorporated into and become a part of the Agreement by this reference.
B. Promoter Accounts.
After you agree to be bound by this Agreement and complete the Registration Form, 24tix.com will establish an account for you ("Account"). Promoter may establish more than one Account for the Tickets it offers for sale ("Additional Account(s)"). This Agreement shall be binding upon the Account and all Additional Account(s). Accounts and Additional Accounts shall be governed by this Agreement.
Promoter authorizes 24tix.com to obtain credit reports ("Credit Reports") regarding Promoter and the owners of Promoter through a credit reporting agency chosen by 24tix.com. Promoter and the owners of Promoter authorize 24tix.com to obtain and use such Credit Reports from time to time for the purpose of evaluating the creditworthiness of Promoter throughout the term of this Agreement.
24tix.com may establish an Account for Promoter upon receipt of the Registration Form and prior to the verification of Promoter's identity or determination of Promoter's creditworthiness. If 24tix.com determines that there is insufficient information to verify the identity and/or physical address of Promoter or 24tix.com determines that the creditworthiness of Promoter is unsatisfactory, 24tix.com may terminate this Agreement without notice. In the alternative, and in the sole discretion of 24tix.com, 24tix.com may request that Promoter provide additional information or fulfill additional requirements to provide security to 24tix.com, including without limitation, the execution of a personal guaranty.
3. CONDITIONS OF SERVICE.
A. Force Majeure.
24tix.com assumes no liability for disruptions in service or improper operation of its equipment or software for any reason, including, without limitation, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes commonly referred to as "Acts of God".
B. Certain Warranties Not Permitted.
Promoter agrees it will not provide, offer, or advertise a "warranty," "guarantee," or any other guarantee to their customers for the execution of shows and concerts associated with a ticket listing for any length of time.
C. Adequate Inventory.
Promoter shall maintain sufficient inventory of tickets to fulfill listing of shows on 24tix.com for sale to Customers. Promoter shall not rely on the existence of a particular Transaction to obtain funds or credit to enable Promoter to obtain the Ticket/s necessary to complete the Transaction.
To enable 24tix.com to use the information you supply to 24tix.com, including without limitation, the images, trademarks, trade names and logos found on your website(s), without violating any rights you might have in the information and the images, trademarks, trade names and logos found on your website, you agree to grant, and hereby do grant, 24tix.com a royalty free, worldwide, nonexclusive, perpetual and irrevocable license to exercise the copyright, publicity and database rights, and to sublicense such rights through multiple tiers, that you have in such information, images, trademarks, trade names and logos, in any media now known or not currently known, with respect to the information, images trademarks, trade names and logos.
4. ACCEPTANCE OF LIMITATIONS IN SERVICE.
A. Limitations on Sale of Tickets.
24tix.com may prohibit the sale of Tickets if special circumstances beyond 24tix.com control.
B. Limitations on Customer Transactions.
24tix.com may impose limits on sales of Tickets and refuse to process Transactions to specific Customers for any reason, in its sole discretion.
C. Limitations on Services.
24tix.com may: (1) limit or restrict sales to a minimum Ticket/s price; (2) impose limits on the amount or number of purchases which may be charged to the credit or debit card of a Customer during any time period; (3) request additional validation information from Customers, such as signed contracts and/or receipts; (4) refuse to accept orders from Customers with a prior history of questionable charges; or (5) impose certain limits or restrictions on Transactions or Reserves (as defined in the Operating Regulations) on specific Accounts, either temporarily or permanently, which are more restrictive than limits placed on other Accounts of other Promoters.
D. No Liability.
24tix.com shall not be liable to Promoter for any losses, expenses, or damages Promoter sustains, including claims for lost profits, resulting from or related to 24tix.com's imposition of limits on Transactions or Reserve Amounts, for any reason.
5. PROMOTER'S WARRANTIES AND REPRESENTATIONS.
Promoter makes the following representations and warrants that at all times during the term of this Agreement such representations shall be true and accurate:
A. Contractual Capacity.
Promoter has the power and authority to carry on its business as it is conducted, is duly authorized to enter into this Agreement and that no other authorizations, consents or approvals are required in connection with the validity and enforceability of this Agreement or the execution, delivery and performance of this Agreement by Promoter.
B. Truthful Information.
All information and data Promoter provides to 24tix.com, or for which it engages a third party to provide to 24tix.com is complete, truthful, accurate, valid, the lawful property of the Promoter, and Promoter has the right to communicate such information.
All email, domain, URL, physical address and telephone information provided by Promoter is complete and correct.
D. Intellectual Property Ownership.
Promoter owns or otherwise has the full right and authority to use and disseminate (1) all information, data, graphics, text, video, music, or other intellectual property which forms a part of its web site, or which is used by Promoter in its advertising and promotional efforts, and (2) the Tickets it supplies to 24tix.com (or to potential Customers).
E. Authority to Conduct Business.
Promoter is legally authorized to sell any Ticket/s it offers and Promoter has obtained all necessary regulatory approvals and certificates (hereafter, "Certificates"). Promoter will provide 24tix.com any copies of Certificates immediately upon Promoter's receipt of a request by 24tix.com.
F. Compliance with Laws and Regulations.
Promoter is in compliance with all applicable national, federal, state, and local laws, rules, regulations, requirements and/or other standards established by any governmental authority having jurisdiction to control such activities, including, without limitation, the Federal Trade Commission, and State and local consumer protection agencies; Promoter is also in compliance with the regulations of applicable credit card associations regarding the sale of Tickets over the Internet or other transactions where the credit or debit card utilized for the purchase is not present, which are in effect prior to the effective date of this Agreement, or which become effective during the term of this Agreement.
6. PROMOTER EXECUTION OF SHOW.
A. Execution of Event
Promoter agrees to hold all its events in conformity with its advertisements and in accordance with all applicable laws. Promoter also agrees to print out and handle the will-call list for the event in a timely and professional manner. Ticket sales for the event typically close at 4:30pm on the day of each show, and the final will-call list will be printed after that time. Each e-Ticket shall have a unique confirmation number that shall be used to reconcile with the will-call list.
B. Cancellation of Event
In the event that an event is cancelled or postponed, 24tix.com will refund the ticket price to all ticket purchasers and shall not transmit those funds to Promoter. Should there be a dispute or claim raised by or with any attendee, customer, or purchaser following an event, Promoter will be responsible for negotiating and handling refunds and other applicable attendee, customer, or purchaser compensation.
C. Payment Remittance.
To assist 24tix.com in determining that 24tix.com knows the identity of Promoter and is paying the appropriate party for Ticket/s purchases, Promoter must, within thirty (30) days of opening an Account, ensure that the name of Promoter as set forth in the Registration Form, is the same as the name of the person or entity that is to be the payee of Purchase Payments. If Promoter does not fulfill such requirement, 24tix.com may, in its sole discretion, withhold Purchase Payments, suspend Promoter's Account, or terminate this Agreement.
This Agreement shall remain in effect from the Effective Date until 24tix.com or Promoter issues a "Notice of Cancellation" as set forth in Section 10.C of this Agreement or The Agreement is terminated as otherwise provided in Section 10.
8. DISCLAIMER OF WARRANTIES.
PROMOTER UNDERSTANDS AND AGREES THAT 24tix.com IS PROVIDING ITS SERVICES TO PROMOTER "AS IS" AND THAT 24tix.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. THIS EXCLUSION APPLIES, WITHOUT LIMITATION, TO THE IMPLIED WARRANTIES OF AND FITNESS FOR A PARTICULAR PURPOSE AND THE WARRANTY OF NON-INFRINGEMENT.
9. LIMITATION OF LIABILITY.
PROMOTER ASSUMES ALL LIABILITY FOR ITS USE OF 24TIX.COM?S SERVICES. 24TIX.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE WEB SITE, THE SERVICES, THE INABILITY TO USE THE SERVICES, OR THOSE RESULTING FROM ANY TICKETS PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICES. IN NO EVENT SHALL PROMOTER BE ENTITLED TO RECOVER DAMAGES FROM 24TIX.COM THAT EXCEED THE SUM OF FEES RETAINED BY 24TIX.COM UNDER THIS AGREEMENT DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE
TO THE CLAIM FOR DAMAGES.
24TIX.COM ASSUMES NO LIABILITY FOR PROMOTER'S FAILURE TO PERFORM INACCORDANCE WITH THIS AGREEMENT OR ANY RESULTS CAUSED BY ACTS, OMISSIONS OR NEGLIGENCE OF THE PROMOTER, A SUBCONTRACTOR OR AN AGENT OF PROMOTER OR AN EMPLOYEE OF ANY ONE TO THEM, NOR SHALL 24TIX.COM HAVE ANY LIABILITY FOR CLAIMS OF THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, CLAIMS OF THIRD PARTIES ARISING OUT OF OR RESULTING FROM, OR IN CONNECTION WITH, PROMOTER'S TICKETS, SERVICES, MESSAGES, PROGRAMS, CALLER CONTRACTS, PROMOTIONS, ADVERTISING, INFRINGEMENT OR ANY CLAIM FOR LIBEL OR SLANDER OR FOR VIOLATION OF COPYRIGHT, TRADEMARK OR OTHER INTELLECTUAL PROPERTY RIGHTS.
A. By Promoter.
Promoter may terminate this Agreement, any Account, or any Additional Accounts with 24tix.com at any time upon providing a notice of its intent to terminate at least 5 days prior to the desired date of termination.
B. By 24tix.com.
24tix.com may terminate this Agreement, Promoter's Account or any Additional Accounts of Promoter at any time for any reason, or for no reason. 24tix.com may suspend Promoter's access to 24tix.com's web site and/or Services, or any other transactions immediately and without notice if Promoter is in breach of any of its obligations hereunder and then terminate this Agreement and Promoter's access to 24tix.com's web site, or 24tix.com may terminate this Agreement and Promoter's access to 24tix.com's web site immediately and without notice if Promoter is in breach of any of its obligations hereunder. If the termination is at the convenience of 24tix.com, 24tix.com shall provide Promoter with notice 7 days in advance of the date of termination.
C. Notice of Cancellation
If a party to the Agreement intends to terminate the Agreement, it must send a notice to the other party of its intent to terminate ("Notice of Cancellation"). The Notice of Cancellation shall contain the date upon which the termination shall become effective and shall be delivered in accordance with Section 19 of this Agreement. Provided, however, that in the event 24tix.com determines it is necessary to immediately terminate the Agreement, 24tix.com may provide notice to Promoter via telephone, followed by delivery of a Notice of Cancellation as required in Section 19. Such termination shall be effective as of the time of the telephone call to Promoter.
D. Payments/Obligations to be Completed After Termination.
Upon termination of this Agreement, any outstanding and unpaid fees and charges of Promoter to 24tix.com shall become immediately due and payable. In the event 24tix.com is holding funds related to Promoter Account at the termination of the Agreement and it is later determined that such funds should be sent to Promoter, the information you provided to 24tix.com regarding Promoter name and address will be used to try to send any funds that are being held in custody for Promoter. If that information is not accurate, and 24tix.com is unable to complete the payment of funds to Promoter, the funds will be subject to applicable state laws regarding escheat of unclaimed property.
Upon Termination of this Agreement, the provisions of Sections 6 (D), 8, 9, 10, 11, 12, 13, 14 and 19 shall survive such Termination.
A. Obligation to Pay Own Taxes.
Promoter is responsible for the payment of all taxes applicable to the conduct of its business.
B. Promoter's Obligation to Pay Taxes Resulting from 24tix.com Services.
The parties agree that if additional taxes in the nature of an excise, sales, or use tax are imposed in connection with 24tix.com's Services and paid by 24tix.com on behalf of the Promoter, Promoter shall be liable to 24tix.com in an amount equal to the amount of such tax payment made by 24tix.com. Promoter authorizes 24tix.com to collect and pay over taxes in the nature of an excise, sales, or use tax on behalf of Promoter or on account of 24tix.com's sale of Tickets if reasonably required to do so by any jurisdiction's taxing authority. 24tix.com shall have the right to recover from Promoter the amount of any such taxes, related penalties and interest paid by 24tix.com with its own funds. Promoter shall also pay 24tix.com for any related expenses incurred by 24tix.com, including reasonable attorney's fees, in its collection of any amounts due from Promoter.
C. Obligation to Repay 24tix.com.
Promoter agrees that if 24tix.com pays any taxes that result from the resale of Promoter's Tickets, Promoter will immediately reimburse 24tix.com an amount equal to such taxes paid by 24tix.com and all related interest, fines, and/or penalties.
12. CHOICE OF LAW JURISDICTION AND VENUE.
Promoter agrees that the laws of the State of Utah, without reference to its conflict of law principles, will govern this Agreement, and that any claim or suit arising out of or related to this Agreement must be brought exclusively in the federal and/or state courts located in the State of Utah, Salt Lake County, U.S.A. Promoter consents to the exclusive jurisdiction of such courts.
13. ENFORCEMENT ACTIVITIES.
A. Lawful Use.
The web site and Services of 24tix.com may be used only for lawful purposes and in a lawful manner. Promoter agrees to comply with all applicable laws, statutes, and regulations. Promoter may not register under a false name, mask the true identity of Promoter or the Tickets it offers to the public, or use an invalid or unauthorized credit or debit card or invalid or unauthorized bank account information. Promoter may not impersonate any participant or use another participant's information. Fraudulent conduct may be reported to law enforcement, and 24tix.com will cooperate in any investigation.
24tix.com has the right, but not the obligation, to monitor any activity and content associated with its web site and Services. 24tix.com may investigate any reported violation of its policies or complaints and take any action that it deems appropriate. Such action may include, but is not limited to, issuing warnings, suspension or termination of service, denying access, and/or removal of any materials on Promoter's portion of 24tix.com's web site. 24tix.com reserves the right to remove or edit any content that violates this Agreement or is otherwise objectionable. As part of the investigation of content on Promoter's portion of the 24tix.com web site that may violate this Agreement, Promoter hereby consents to allowing 24tix.com representatives to examine Promoter's web site.
C. Disclosure of Information.
24tix.com may report any activity that it suspects is a violation of any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with governmental requests, to protect 24tix.com's systems, Promoters, and Customers, or to ensure the integrity and operation of 24tix.com's business and systems, 24tix.com may access and disclose any information it considers necessary or appropriate, including but not limited to user contact details, IP addressing and traffic information, usage history, and posted content.
D. Suspension of Account.
In the event 24tix.com determines that Promoter is in breach of this Agreement, 24tix.com may suspend activity on the Account of Promoter, as well as the activity on all Additional Accounts of Promoter, until Promoter cures the breach of this Agreement, or until 24tix.com terminates this Agreement.
B. Commitment to Privacy.
Unless otherwise authorized by 24tix.com in writing, Promoter agrees not to use any information regarding Customers except for the purpose of entering into and completing Transactions. Promoters agree not to use Customer information for purposes of solicitation, advertising, unsolicited e-mail or spamming, harassment, invasion of privacy, or conduct which may be otherwise deemed to be objectionable conduct.
15. COPYRIGHT NOTICE.
24tix.com's web site is subject to the protection of the copyright laws of the United States and other countries. No part of 24tix.com's web site may be reproduced without the prior written permission of24tix.com.
In the event that Promoter fails to perform any duty, obligation, or provision contained in this Agreement ("Default"), Promoter agrees to pay to 24tix.com any damages, expenses, and costs, whether directly or indirectly caused, including reasonable attorney's fees incurred by 24tix.com due to Promoter's Default.
17. AMENDMENTS AND MODIFICATIONS.
A. 24tix.com's Right to Amend or Modify Agreement.
24tix.com may amend or modify this Agreement and any such amendment or modification will be binding on Promoter when posted to 24tix.com's web site. Continued use of 24tix.com's Services after such posting occurs shall be deemed to be an acceptance of all terms in the amended/modified Agreement. Promoter accepts the responsibility of a continuing review of the content of 24tix.com's website to determine whether any amendments have occurred.
B. Other Amendments/Modifications.
Promoters may communicate any proposed modifications or amendments to this Agreement to 24tix.com at the address provided in Section 19. However, such changes or amendments will only become effective if agreed upon by 24tix.com, in its sole discretion, in writing.
Promoter agrees to indemnify and hold 24tix.com, its employees, officers, agents, shareholders and directors harmless from any and all claims, losses, damages, costs, expenses (including attorney's fees), fines, penalties regardless of whether the same are actual, direct, indirect, special, incidental, consequential, or punitive ("Damages") resulting from or in connection with this Agreement or incurred as a result of, or related to, the causes set forth below:
? Promoter's breach of any warranty or representation;
? Promoter's violation of any law, rule, or regulation;
? Intellectual property infringement claims related to the Promoter's site or service; or
? Promoter's reckless or willful misconduct;
? Claims of third parties arising out of or resulting from, or in connection with Promoter's tickets, services, messages, programs, caller contracts, promotions, advertising, infringementor any claim for libel or slander.
In no event will 24tix.com be liable to indemnify any party for any Damages arising directly or indirectly from any use of this Internet resource, or 24tix.com's Service(s), even if 24tix.com is expressly advised of the possibility of such damages.
A. Addressed to:
314 West Broadway #250
Salt Lake City, Utah 84101
B. Addressed to:
730 North Plankington Ave. #5A
Milwaukee, Wisconsin 53203
Promoter: (Same as contact information)
To the last address provided to 24tix.com by Promoter.
To the last email address provided to 24tix.com by Promoter.
B. Method of Delivery and Date of Receipt.
Any written notice under this Agreement, which shall include email to Promoter by 24tix.com, shall be deemed given and delivered upon the earlier of: (a) actual receipt; or (b) five days after being deposited in the United States mail, postage prepaid, and addressed to the party to whom the notice is being sent as set forth in Section 19.A.; or (c) one (1) business day after being sent by email or other electronic communication by 24tix.com to Promoter at the email address described in Section 19.A.
C. Notice of New Address.
Either party may communicate a change in its mailing address by notifying the other party in accordance with Section 19.B., in writing, including an electronic communication by 24tix.com to Promoter, which sets forth the old mailing address and provides the new mailing address.
The headings herein are inserted as a matter of convenience only and do not define, limit, or describe the scope of this Agreement or the intent of the provisions hereof.
21. SEVERABILITY OF PROVISIONS.
Each provision of this Agreement shall be considered severable; and if, for any reason, any provision or provisions herein are determined to be invalid and contrary to any existing or future law, such invalidity shall not impair the operation of or affect those portions of this Agreement which are valid.
22. INTELLECTUAL PROPERTY
Except for the rights expressly granted herein, this Agreement does not transfer any intellectual property or technology of 24tix.com to Promoter and all rights, title and interest in such intellectual property and technology, whether developed, licensed or owned by 24tix.com shall remain with 24tix.com. Promoter agrees that Promoter will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets of 24tix.com.
Promoter agrees to be bound by any electronic affirmation, assent or agreement transmitted through 24tix.com's web site. Promoter represents and warrants that Promoter has the authority to agree to this Agreement. Promoter acknowledges (a) that Promoter has read and understood this Agreement; and (b) that this Agreement constitutes the entire agreement between 24tix.com and Promoter and governs Promoter's use of the Services, superseding any prior agreements between Promoter and 24tix.com pertaining to the Services.
The relationship between 24tix.com and Promoter shall be that of independent contractors. Neither party will be considered an agent, employee, joint venturer, or partner of the other, unless otherwise specifically provided herein.
If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. This Agreement constitutes the entire agreement and understanding between you and 24tix.com with respect to use of the website, superseding all prior or contemporaneous communications. A printed version of these Terms and Conditions shall be admissible in judicial or administrative proceedings based on or relating to use of the website to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
I AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
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