TERMS OF SERVICE
2. A Brief Description of Sound Rink Sound Rink offers an online ticketing service for artists to provide VIP Experiences and pre-sales to their fans, Sound Rink acts as the agent for various tour producers who promote or otherwise provide the event for which you purchase tickets, such as venues, artists, artists’ representatives and fan clubs, and event promoters. When you purchase a ticket throughSound Rink you are purchasing that ticket from an event provider.
3. Registering and Creating a Sound Rink Account You have the option to register for an account to gain access to our Site and Service. When creating an account, we only require your email and password of your choice.
4. Your Responsibilities When Using Sound Rink You are responsible for your use ofSound Rink, and for any use ofSound Rink made using your account. When usingSound Rink: 1.You agree to keep your password and login information safe and confidential; 2.You agree not to violate any requirements, procedures, policies or regulations of networks connected toSound Rink; 3.You agree not to sell or transfer your user name or account information; 4.You agree not to interfere with or disruptSoundRink.com; 5.You agree not to hack, spam or phish us or other users; 6.You agree to provide truthful and accurate content; 7.You agree to not violate any law or regulation and you are solely responsible for such violations; 8.You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer,grant a security interest in, or otherwise transfer any right to the technology or software underlying our Sites or any of our Services; 9.You agree not to cause or aid in the cause of the destruction, manipulation, removal, disabling,or impairment of any portion of our website, including the de-indexing or de-caching of any portion of our website from a thirty party’s website, such as by requesting its removal from a search engine. Please be aware that this isa non-exclusive list, we may suspend or revoke your access if you fail to abide by these rules or at our discretion.
5. Compliance with Regulations and Laws You must comply with all regulations and laws concerning the housing of others within your jurisdiction. You are solely responsible for understanding and complying with the laws of your jurisdiction. We cannot be responsible for monitoring your compliance or advising you of the legalities related to your use of our Site and Service. Any violation of law or regulation is a violation of this Agreement and may result in your account privileges being suspended and also fines or imprisonment.
6. Pricing and Availability There may be occasions that we provide discounts through use of a discount code. However, we do not provide any store credit on future purchases. We do not guarantee that tickets will be available for all events at all times as the number of tickets sold for an event is set by the event provider, notSound Rink. We will not be held liable for ticket over sales.
7. Purchase and Payment When you purchase tickets, we will collect your name, email, address, credit card information, and telephone number. You agree that your credit card information will be shared with our third party payment processor Authorize.net. By purchasing tickets from our Service you also agree to the terms and conditions of Authorize.net.
8. Order Confirmation If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with us whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
9. Refunds All purchases are non-refundable unless the event is canceled. No refunds will be made for any other reasons, including rain, wind or shine. If the event of a cancellation, contact us at firstname.lastname@example.org. In the event of refunds, fees are NOT refunded.
10. Will-Call or Shipping Depending on the event and/or venue, you are able to obtain tickets purchased through will-call or through our shipping services. By selecting Will-Call, you understand that tickets must be picked up at the venue location on the day of the event. Please note most events are will call only. If you select Standard Shipping, tickets will be mailed to you prior to the event. We do not guarantee the timing of tickets if mailed.
11. Our Copyright Users are allowed to copy and share our content and other users’ content through the functionality of our Site and Service. For example, we encourage you to share events through our third party social media widgets for Facebook, Google+, and Twitter. However, you agree not to otherwise copy, distribute, display, disseminate, or reproduce any of the information on our Service without our prior written permission. This includes, but is not limited to, a prohibition on aggregating, streaming, copying, or otherwise reproducing any content found onSound Rink Your copying not only has the potential to affect certain copyrights that we may hold in the arrangement of our data and the layout of our Site, but may also infringe on a third party’s copyright. You agree that this section limits your rights more than the simple application of intellectual property law would, and constitutes a contractual obligation binding to you beyond the applicable intellectual property laws.
13. Termination and Cancellation We may terminate or suspend service or your account or any other provision of services to you at our discretion without explanation and notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement or yourSound Rink account, you are solely responsible for properly canceling your account by contacting us at email@example.com. All provisions of this Agreement, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
14. Taxes You are solely responsible for any applicable state,federal or provincial taxes. Although we may not charge you taxes, you agree that you will pay any applicable taxes or fees to your local or state tax agency for any purchases. We are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your subscription.
15. Limitations on Liability WE ARE NOT LIABLE FOR ANY POTENTIAL DAMAGES ARISING OUT OF YOUR USE OF OUR SITE AND SERVICE. IN NO EVENT SHALL SOUND RINK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY INCLUDING, BODILY HARM OR EMOTIONAL DISTRESS, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. IF YOUR JURISDICTION DOES NOT PERMIT SUCH A LIMITATION ON LIABILITY, OUR LIABILITY IS LIMITED TO THE LOWEST APPLICABLE AMOUNT NOT TO EXCEED $100 US DOLLARS. IN THE EVENT OF ANY PROBLEM WITH THIS WEB SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEB SITE. IN THE EVENT OF ANY ISSUES WITH ANY PRODUCTS PURCHASED THROUGH THIS SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS WITH THE SELLER OF SUCH PRODUCTS AND NOT US. SOUND RINK IS NOT LIABLE TO YOU OR TO THIRD PARTIES FOR ANY DAMAGE, HARM, INJURY OR CLAIM THAT ARISES FROM YOUR USE OF OUR SITE.
16. Representations and Warranties OUR SITE AND SERVICE IS OFFERED “AS-IS”. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF OUR SERVICE, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE. WE SPECIFICALLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES. YOU UNDERSTAND OUR SERVICE MAY NOT BE APPROPRIATE FOR ANY USES. YOU AGREE THAT YOU ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR ANY OTHER TORT. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS, UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. For Jurisdictions that do not allow us to limit t our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE.
18. Visiting Third Party Websites Through Sound Rink Our Site may include advertisements and links to third party websites. Please be aware that we have no control over, and are not responsible for, these third party websites or their use of your personal information. We do not endorse, recommend or vouch for the security of such websites. We recommend that you review their terms of service and privacy policies before accessing and using the third party site. Additionally, users may be able to post third party links through content submitted to our Site. We are not responsible for such links and do not monitor the posting of such links. Please exercise caution when clicking on such links as they may cause harm to your computer.
19. Choice of Law This Agreement shall be governed by the laws in force in the state of Massachusetts. The offer and acceptance of this contract is deemed to have occurred in the state of Massachusetts.
20. Forum of Dispute You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to Newburyport, MA. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
21. Force Majeure You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication, disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
22. Severability In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Sound Rink shall have the sole right to elect which provision remains in force.
23. Non-Waiver We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
24. Assignment You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
25. Amendments We may amend this Agreement from time to time. When we amend this Agreement, we will update this page or we may contact you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service. You must visit this page each time you come to our website and read and agree to it if the date it was last modified is more recent than the last time you agreed to the Agreement.