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The following are the Terms and Conditions ("Terms") that govern use of this website, www.ticketsforcharity.com, and our call centers and email correspondence with our customer care representatives and the use of any third party website, call center or customer service representative with which we have contracted or affiliated to provide services (collectively, the "Site"), and any transaction or potential transaction, including without limitation any donation or potential donation, with or facilitated by Tickets for Charity, LLC (the “Services”). By completing the order process, you agree to accept the terms and conditions of this Agreement and to become a member of this Site and to comply with these Terms and all applicable laws and regulations governing the Site. Tickets for Charity, LLC (“TFC”, “we” or “us”) reserves the right to modify these Terms at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically for modifications to these Terms. These Terms were last revised on June 13, 2011. If you violate any of these Terms, TFC may terminate your use of the Site, forbid you from any further use of the Site, cancel your order, and/or take appropriate legal action against you. Your continued use of the Site and the Services following our posting of any revised Terms will constitute your acceptance of the revised Terms. If you do not agree with the Terms or any revised version of the Terms, do not continue to use the Services or this Site.
The Terms expressly incorporate our Privacy Policy, which may be found here.
You agree that you are only authorized to visit, view and to retain a copy of pages of this Site for your own personal use, and that you shall not copy, download, publish, modify or otherwise distribute any content found on this Site for any purpose other than to review event and promotional information, for personal use, or to make a purchase or charitable payment, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on this Site is the property of TFC, its charitable and ticket partners and/or its corporate sponsors and is protected by United States, Canadian and international copyright laws.
You may only use this Site to make legitimate purchases or charitable payments and shall not use this Site for any other purposes, including without limitation, to make any speculative, false, deceptive, or fraudulent ticket or ticket package (collectively, “Ticket” or “Tickets”) purchases or charitable payments.
The amount of donations designated to our partner charities are charged in a separate transaction on your credit card and shall be held in a separately managed bank account until a time designated by TFC, which will be a set period of time following a particular event, or in certain cases where TFC is acting as agent for a promoter, performer, team or league after completion of the tour or designated series of events. The amount of the donation is subject to change at any time and without notice until your order is confirmed. Once you have submitted your order, your purchase is non-refundable and your order cannot be changed.
Your donations to our partner charities will be net of bank and credit card processing and related fees, software licensing fees and any ticket source fees associated with a particular event. Such amounts typically constitute no more than 15% of any particular payment designated for our partner charities, except in circumstances where Ticket source fees are included. Ticket source fees are determined on an event-by-event basis by/with our Ticket sources.
Tickets purchased through our site have been made available directly by Artists, Tours and Teams for Charitable Sale™ programs through Tickets-for-Charity to support our partner charities.
All tickets are shipped exclusively via Federal Express (FedEx) delivery service and require a signature for delivery. We use FedEx delivery services and require a signature to ensure that your tickets arrive safely and that their location can be tracked at all times. It is your responsibility to provide us with a delivery location and be available to accept and sign for the package. Fedex does not deliver to post office boxes. It is your responsibility to track the FedEx package and to be available to sign for and accept said package at the delivery location. If you provide a delivery location other than your credit card billing location, you hereby agree to be responsible for that delivery and the Tickets once delivered to that address. TFC has fulfilled its contractual obligation when Tickets are shipped to the address you provide to us. TFC is not responsible if you provide an incorrect address or for any package being returned to TFC or otherwise held by Fedex because you are not available to sign for the package at time of delivery. TFC may keep packages returned by FedEx on hand for later re-delivery to you at additional cost to you. TFC is not responsible for any use-caused delays in delivery after the Tickets have been shipped. TFC reserves the right to use a delivery service other than FedEx and the foregoing shall apply to any such courier as well.
Although you may select FedEx Standard Overnight as your delivery method, your tickets will be sent one (1) business day after Tickets-for-Charity has received the physical tickets from the ticket source. Typically, we receive the physical Tickets from our ticket sources anywhere from five (5) to ten (10) days prior to the actual event. In the event we have the physical tickets at the time the order is placed, our policy is to process and ship all orders within forty-eight (48) hours of receiving your order. Once your order has been processed and shipped, you will receive your FedEx tracking information via email from FedEx.com. If you do not receive the shipping confirmation email, it is your responsibility to contact TFC.
Occasionally, we offer Will Call pick-up at the venue box office as a delivery option. When this delivery option is selected, pick-up instructions will be clearly indicated on the Site prior to your purchase and/or communicated to you via the email address you provide at the time of order placement. In very rare circumstances, we may offer pick up and/or delivery via courier. In this unlikely event, set-up instructions will be clearly indicated on the Site prior to your purchase and/or communicated to you via the email address you provide at the time of order placement.
No refunds will be available for delayed delivery in compliance with this policy. TFC is not responsible for any loss or theft of tickets occurring during or after the shipment to your or your designee. Lost or stolen Tickets cannot be replaced and you should handle your tickets with care.
Occasionally, events are cancelled or postponed by event management, the promoter, band, team or venue. You are solely responsible with respect to any changes in the date, time or place of any event for which you purchase Tickets. No refunds are available for any postponed event if your original Tickets will be honored for the new date of the rescheduled event. If an event is cancelled, the cancellation policy will be determined by the particular venue and can vary from event to event. Generally, event management will refund the face value of the Ticket after the cancellation is confirmed. Should this occur, we will provide any refund procedures for that event on this Site or via email, but TFC is not responsible for any refund of the Ticket price which may be owed to you by event management, the event promoter, band, team or venue.
With respect to payments to your designated charities, TFC will generally give you the option of being refunded the payment or of allowing the charities designated to receive the directed funds. For exact instructions on any cancelled event, please check the event information online provided by event management, the event promoter, band, team or venue or contact us at customerservice@ticketsforcharity.com. Service fees and delivery fees are non-refundable under any circumstances.
TFC and our charity partners make no representation as to whether all or any portion of the donations to partner charities is tax deductible. Please consult with your tax advisor to determine whether a deduction of any portion of such amount is allowable. TFC shall have no liability for any claim by any federal or state tax authority with respect to your characterization of this transaction on your federal and state tax returns.
The Site may provide you with opportunities to contribute to the Site, which may include submitting personal information. Anything that you or other Site users contribute to the Site will be referred to as "User Content". TFC is not liable or responsible for any User Content. Any contributions made by third parties to the Site do not necessarily represent the beliefs or opinions of TFC. TFC cannot review User Content before it is displayed on this Site. Users can be held liable and responsible for any illegal or otherwise prohibited User Content they provide to the Site, including, but not limited to, infringing, obscene, defamatory or offensive content.
Although TFC cannot monitor the conduct of users off of the Site, it is also a violation of these Terms to use any information obtained from this Site in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit or sell to any Site user without his/her prior explicit consent.
Nothing on this Site may be used by visitors to this Site for any commercial purposes such as to conduct sales of tickets, ticket packages, merchandise or services of any kind. Prior written consent must be obtained to make commercial offers of any kind, whether by advertising, solicitations, links, or any other method of communication. You may not resell or link to other sites for the purpose of selling Tickets of any kind. Any violators of this provision will be investigated and pursued through legal action, which includes removing the offending communication from the Site and excluding such violators from use of the Site. We reserve the right to block or deny access to or cancel an order of any person known or reasonably believed to be associated with any unauthorized reseller, or utilizing automated means to process or place orders.
You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy any pages or content contained on this Site or for any other unauthorized purpose without first obtaining our prior expressed written permission. You agree that you will not use any device, software or method to interfere or attempt to interfere with the proper functioning of the Site. You also agree that you will not engage in any activity that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not access, reload or "refresh" transactional event or Ticketing pages, or make any other request to transactional servers, more than once during any three second interval. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your own personal, non-commercial use) from the Site without the prior expressed written permission of TFC.
Illegal and/or unauthorized use of the Site, including, but not limited to, unauthorized Ticket sales, unauthorized framing of or linking to the Site, or unauthorized use of any robot, spider or other automated device on the Site, will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal and injunctive relief.
You agree not to use this Site for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Site. You agree not to use or permit anyone to use information provided through the Site for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card.
You hereby acknowledge and agree that all intellectual property contained on the Site, including, without limitation, all patents, trademarks, trade names, service marks, copyrights and trade secrets, is owned exclusively by or licensed specifically to TFC and is either our sole property or the property of those who have licensed it to us and that nothing contained on the Site or otherwise in the Terms shall be deemed to grant to you any right therein.
As a condition to your use of the Site, you represent and warrant to TFC that (a) you will comply with all applicable federal, state and local laws and regulations as concerns your conduct on this Site, any commercial transaction involving the Site or any other activity in which you engage on the Site, (b) you are 18 years of age or older, and (c) any information you provide to us, to other members of the Site, or to visitors of the Site
You hereby agree to indemnify and hold harmless TFC and any parent, subsidiary, affiliate, officer, director, attorney, agent and employee of TFC (collectively, the “Indemnified Parties”), against all liabilities, costs and expenses (including reasonable attorneys' fees) incurred by any such Indemnified Parties based upon (a) your violation of any of the covenants, agreements, representations and warranties set forth above, (b) any third party or governmental claim that involves, relates to or concerns any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (c) that otherwise arise out of any claim asserted by a third party that involves, relates to or concerns any of your actions or omissions on this Site or at an event for which you purchased Tickets.
If you use this Site, you are responsible for maintaining the confidentiality of the personal account information you submit. You agree to accept responsibility for all activities that occur under your account. You represent that you are of sufficient legal age to use this Site. You understand that you are financially responsible for all uses of this Site by you and those using your personal information.
We may investigate complaints and violations of the Terms. You agree to cooperate fully with any investigation we may conduct with respect to a violation of the Terms. You understand and agree that without prior notice and in our sole discretion, we may take such action as we deem appropriate in our sole discretion with respect to your relationship with the Site and your purchase of Tickets, including, without limitation, terminating your access to the Site, canceling your order or employing any other remedy available, if we believe that (a) your conduct violates or is inconsistent with these Terms or violates the law or the rights of TFC, a client or partner of TFC or another user of the Site, or (b) the information you provided concerning yourself is inaccurate or cannot otherwise be authenticated. You agree that monetary relief may not render a sufficient remedy to TFC for violations of these Terms and you consent to injunctive or other equitable relief for such violations. TFC is not required to provide any refund to you if your access to this Site is terminated because you have violated these Terms or any of TFC’s rights.
You agree that TFC may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. We will cooperate to ensure that any violators are prosecuted to the fullest extent of the law.
You authorize us to withhold payment or charge your credit card account if (a) we reasonably believe that you have committed fraud or other illegal act or omission during any activity on the Site; or (b) you otherwise owe us a specific amount. If any of these things happen, we may also offset from any amount TFC owes you, such amount that you owe TFC.
TFC does not promise that the Site will be free of error, uninterrupted, or that it will provide specific result from use of any content, search, or link found on this Site. The Site and its content are delivered on an “as-is” and “as-available” basis. TFC cannot guarantee that files you download from the Site will be virus-free or free of harmful features. We expressly reserve the right to modify, suspend or discontinue service on the Site at any time with no notice to you.
TFC expressly disclaims all warranties, express or implied, including also any implied warranties of merchantability and fitness for a particular purpose. TFC will not be liable for and expressly disclaims any damages of any kind arising from the use of this Site including without limitation, direct, indirect, incidental, and punitive and consequential damages or for lost profits, revenues, or business opportunities, even if TFC has been advised of the possibility of such damages.
TFC disclaims any and all liability for the acts, omissions, and conduct of any third party users, TFC users, advertisers and/or sponsors on the Site, in connection with the service provided by TFC or otherwise related to your use of the Site. TFC is not responsible for the products, services, actions or failure to act of any venue, performer, team, promoter or other third party in connection with or referenced on this Site or relating to any tickets purchased on this Site.
Because some jurisdictions do not allow exclusions of implied warranties or limitations on how long an implied warranty lasts, the limitations set forth above may not apply to you.
Your use of the Site constitutes your unconditional consent to all of the terms and conditions set forth herein and an acknowledgement of the disclaimers and limitations of liability set forth in the Terms.
This Agreement shall be governed by and interpreted in accordance with the laws of the Commonwealth of Massachusetts, without regard to its provisions governing conflicts of law. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. This Agreement (and all documents incorporated by reference) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior agreements and understandings between the parties hereto with respect to the subject matter hereof, whether written or oral. No amendment, modification or supplement of any provision of this Agreement will be valid or effective unless made in accordance with the express terms of this Agreement. If any provision of this Agreement is held to be invalid or unenforceable under any circumstances, its application in any other circumstances and the remaining provisions of this Agreement shall not be affected. You may not assign or transfer this Agreement, or any of its rights or obligations, without the prior written consent of TFC, which TFC may withhold in its sole discretion. Nothing in this Agreement is intended to confer benefits, rights or remedies unto any person or entity other than the parties hereto and their successors and permitted assigns.