PURCHASE TERMS & CONDITIONS
PURCHASE OF TICKETS. Elevate acts as an intermediary for the various venue operators and/or promoters (“Promoters”) of the events featured on this website. All sales made through this website are subject to the terms of this Agreement.
TERMS OF SALE. Tickets sold through this website grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Customer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by the applicable Promoter. In order to be admitted to an event, each Customer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
RELEASE OF LIABILITY.THE HOLDER EXPRESSLY ASSUMES ALL RISK AND DANGER ARISING FROM OR INCIDENTAL TO THE EVENT FOR WHICH THE TICKET IS ISSUED, WHETHER SUCH RISKS OCCUR PRIOR TO, DURING, OR SUBSEQUENT TO THE ACTUAL EVENT THE HOLDER EXPRESSLY RELEASES THE EVENT FACILITY, MANAGEMENT, PROMOTERS, PARTICIPANTS, PERFORMERS, ARTISTS, AND THE TICKETING AGENCY AND/OR TICKETING SERVICES PROVIDER (collectively “MANAGEMENT”) AND ALL OF THEIR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, AND AGENTS, FROM ANY AND ALL CLAIMS THAT THE HOLDER HAS OR MAY HAVE THAT ARISE FROM OR ARE INCIDENTAL TO THE EVENT, INCLUDING ANY CLAIMS ARISING OUT OF THE NEGLIGENCE OF MANAGEMENT OR MANAGEMENT’S OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, OR AGENTS.
NO REFUNDS OR EXCHANGE. EVENT DATE AND TIME SUBJECT TO CHANGE. ALL RIGHTS RESERVED. IF THE EVENT FOR WHICH THIS TICKET IS ISSUED IS RESCHEDULED OR CANCELLED, THE HOLDER SHALL NOT BE ENTITLED TO A REFUND EXCEPT AS OTHERWISE REQUIRED BY LAW. INSTEAD, THE HOLDER SHALL HAVE THE RIGHT, EXCEPT AS OTHERWISE PROVIDED, (1) IF THE EVENT IS RESCHEDULED TO A DATE AND TIME WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO USE THIS TICKET TO ATTEND THE EVENT AT THE RESCHEDULED DATE AND TIME, OR (2) IF THE EVENT IS NOT RESCHEDULED WITHIN TWELVE MONTHS OF THE DATE AND TIME ORIGINALLY SCHEDULED, TO EXCHANGE THIS TICKET FOR ANOTHER TICKET, COMPARABLE IN PRICE AND SEATING LOCATION, TO ANOTHER EVENT THAT IS DESIGNATED BY MANAGEMENT AS THE OFFICIAL REPLACEMENT EVENT FOR THE CANCELLED EVENT. This ticket is not subject to any refund, bears no cash value, and is not redeemable for cash. Artist and set times are subject to change without notice. This ticket is not subject to exchange except as expressly provided above. If issued as a complimentary ticket, this ticket is not exchangeable or redeemable for another ticket to any other event or performance or for any other consideration, monetary or otherwise. Tickets obtained from unauthorized sources may be counterfeit and worthless. Tickets cannot be replaced if lost, stolen or destroyed, and are valid only for the event and seat for which they are issued. It is unlawful to reproduce this ticket in any form. Management reserves all rights not expressly granted to the holder by these terms.
RESERVATION OF MANAGEMENT’S RIGHTS. Management reserves the right to refuse admission to or eject any person whose conduct or hygiene is deemed by Management, at Management’s sole discretion, to be undesirable, including (but not limited to) disorderly conduct, use of vulgar or abusive language, or failure to follow Management or facility rules and directions. Undesirable conduct of any of the types expressly listed above will automatically terminate this license and all rights of the holder. The exercise of management’s ejection rights hereunder does not entitle the holder to a refund of the ticket price or any part thereof. This ticket is a revocable license and admission may be refused upon refunding the face amount of the ticket, at management’s discretion. Unlawful resale or attempted resale is grounds for seizure and cancellation of the ticket, without compensation, at management’s discretion.
TRANSMISSION OR REPRODUCTION PROHIBITED. The holder agrees not to transmit or aid in transmitting any description, account, picture, or reproduction of the event, performance, exhibition or game for which this ticket is issued. The holder acknowledges that the event may be broadcast or otherwise publicized, and grants permission for holder’s image or likeness to be used in any live or recorded transmission or reproduction of such event, performance, exhibition or game in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or compensation.
COMPLIANCE WITH FACILITY RULES. The holder agrees to comply with all local or facility rules that prohibit or limit alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, bundles and containers of any kind from being brought into the event premises.
TICKET PRICE. Unless indicated otherwise, prices include all applicable taxes and/or cash discounts (if available). TICKET PRICE IS NONREFUNDABLE EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT.
RESELLING AND PROMOTIONAL USE PROHIBITED. The Ticket Holder agrees not to transmit, distribute, or sell (or aid in transmitting, distributing, or selling) in any media now or hereafter existing, any description, account, picture, video, audio or other form of reproduction of the event or any surrounding activities (in whole or in part) for which this invitation is issued (the “Event”). This invitation may not be used for any form of commercial or trade purposes, including, but not limited to, advertising, promotions, contests or sweepstakes, without the express written consent from Promoters.
Breach of any of the terms of this license or the failure to comply with venue rules shall automatically terminate any rights that the Ticket Holder may have hereunder; shall render illegal and unauthorized the Ticket Holder’s use of the invitation for any purpose; and shall authorize Promoters to withdraw the invitation, refuse admission to the Event, or eject the Holder from the Event. Breach of any of the terms of this license shall also subject the Holder to all legal remedies available to Promoters. Sale or attempted sale of this invitation to this private Event is grounds for seizure or cancellation without refund or other compensation.
The Holder and the Holder’s belongings may be searched upon entry into the Event, and the Holder consents to such searches and waives any related claims that might arise against Promoters. If the Holder elects not to consent to these searches, the Holder will be denied entry into the Event.
Individual Arbitration Agreement and Class Action Waiver
You and we each may elect to resolve any and all claims and disputes relating in any way to this Agreement or our dealings with one another (“Claims”), except for Claims concerning the validity, scope or enforceability of this Arbitration Agreement, through BINDING INDIVIDUAL ARBITRATION. This Arbitration Agreement involves interstate commerce and shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (“FAA”), and not by state law.
If you or we elect to resolve a dispute by arbitration, neither you nor we will be able to have a court or jury trial or participate in a class action or class arbitration. Other rights that you and we would have if you or we went to court will not be available or will be more limited in arbitration, including the right to appeal. You and we each understand and agree that by allowing each other to elect to resolve any dispute through individual arbitration, WE ARE EACH WAIVING THE RIGHT TO A COURT OR JURY TRIAL. IF ANY PARTY ELECTS ARBITRATION, THAT DISPUTE SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS ACTION, REPRESENTATIVE ACTION, CLASS ARBITRATION OR ANY SIMILAR PROCEEDING. The arbitrator(s) may not consolidate the claims of multiple parties.
Arbitrations shall be administered by the American Arbitration Association (“AAA”) pursuant to the applicable AAA rules in effect at the time the arbitration is initiated. You may obtain information about arbitration, arbitration procedures and fees from AAA by calling 800-778-7879 or visiting www.adr.org. If AAA is unable or unwilling to arbitrate a dispute, then the dispute may be referred to any other arbitration organization or arbitrator we both agree upon in writing or that is appointed pursuant to section 5 of the FAA. The arbitration shall take place in the federal judicial district where you reside, or in another location on which we agree. The arbitrator shall be authorized to award any relief that would have been available in court, provided that the arbitrator’s authority is limited to you and us alone, except as otherwise specifically stated herein. No arbitration decision will have any preclusive effect as to non-parties. The arbitrator’s decision shall be final and binding. You and we agree that this Arbitration Agreement extends to any other parties involved in any Claims, including but not limited to anyone for whom you purchase passes and our employees, affiliated companies and vendors. This Arbitration Agreement shall take precedence over the rules of the arbitration organization or arbitrator in the event of any conflict.
We will be responsible for paying all arbitration fees other than the lower amount of filing fees you would have incurred in a state or federal court in the jurisdiction of your residence. Notwithstanding any other provision herein, you or we may seek relief in a small claims court for Claims within its jurisdiction. In addition, you and we each may exercise any lawful rights to seek provisional remedies or self-help, without waiving the right to arbitrate by doing so. Notwithstanding any other provision of this Agreement, if the foregoing class action waiver and prohibition against class arbitration is determined to be invalid or unenforceable, then this entire Arbitration Agreement shall be void. If any portion of this Arbitration Agreement other than the class action waiver and prohibition against class arbitration is deemed invalid or unenforceable, it shall not invalidate the remaining portions of this Arbitration Agreement. This Arbitration Agreement will survive the termination of this Agreement, your fulfillment or default of your obligations under this Agreement, and/or your or our bankruptcy or insolvency (to the extent permitted by applicable law).
YOU HAVE THE RIGHT TO REJECT THIS ARBITRATION AGREEMENT, BUT YOU MUST EXERCISE THIS RIGHT PROMPTLY. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within sixty (60) days after the date you sign this Agreement. You must send your request to email@example.com. The request must include your full name, address, account number, and the statement “I reject the Arbitration Agreement contained in my Payment Plan.” If you exercise your right to reject arbitration, the other terms of this Agreement shall remain in full force and effect as if you had not rejected arbitration.
CONSENT TO ELECTRONIC COMMUNICATIONS
By clicking “I AGREE” below, you consent to receive disclosures from us electronically through this web site under the terms set forth in this Consent. You agree that we may provide electronically any and all communications concerning your tickets and/or any payment plan you may enter into as well as any disclosures required by federal or state law (the “Disclosures”). Your consent applies not only to the tickets and any payment plan but also to any ancillary agreement related to these and to any future tickets or payment plans you may obtain through us.
To electronically receive and view and electronically save or print the Disclosures, you must have: a personal computer with Internet access; a widely-used, recent-generation web browser; and a printer, hard drive or other storage device. You represent that you have this hardware and software.
Prior to your purchasing the tickets, you may withdraw your consent to receipt of electronic disclosures by exiting this website. If you do this, you will not be able to purchase tickets from us. To withdraw your consent after this time, send an email stating that you withdraw your consent to receipt of electronic disclosures to firstname.lastname@example.org or call 855-801-5706. Include your name, address, and invoice number in any such request. You have the option to receive any information that we have provided electronically in paper form at no cost to you. To update any contact information we have on file for you, please call 855-801-5706.
By clicking “[I AGREE]” below, you agree to these terms and conditions and you agree to the Arbitration Agreement, and the Consent to Electronic Contracting and Communications. If you do not agree to these terms and conditions, or the Arbitration Agreement, or the Consent to Electronic Contracting and Communications do not click “[I AGREE”]. As used in the Arbitration Agreement and the Consent to Electronic Contracting and Communications, “we,” “our,” and “us” mean Elevate and its successors, assigns and agents.
Unauthorized transfers prohibited
All publicly sold Wristbands are for use by the original authorized purchaser and their invited guest(s) only (each an “Authorized Purchaser”), and are not transferable by the Authorized Purchaser, any of their invited guests, or any other person. Likewise, all Wristbands provided to performing artists, production personnel, vendors, sponsors, and other guests of the Event producer (each an “Authorized Recipient”), are for use by the Authorized Recipient and his or her invited guest(s) only, and are not transferable by the Authorized Recipient, his or her invited guest(s), or any other person. Authorized Purchasers and Authorized Recipients are referred to individually as a “User”. Wristbands obtained from unauthorized sources may be counterfeit and are worthless.
Except as provided herein, Wristbands may not be sold, transferred, or used for any form of commercial or trade purposes, including but not limited to promotions, contests, commercial or advertising purposes, housing, hotels, vacation rentals, sweepstakes, charitable giveaways, or other activities absent the Event producer’s prior written consent. No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance. Any wristbands used in violation of this provision shall be deemed revoked and void, and their bearers deemed trespassers at the Event.
Resale or attempted resale of Wristbands is grounds for termination of the license and cancellation of the Wristband.
Authorization of User’s image and likeness
User grants the Event producer (and its designees) the right to include User’s image, likeness, actions, and statements in any live or recorded audio, video, film, webcast, stream, or other transmission, exhibition, simulcast, or reproduction made of, or at, the Event in any medium or context for any purpose, including commercial or promotional purposes, without further authorization or otherwise.
Ownership and use of Event’s Intellectual Property
The Event producer owns the trademarks, imagery, name, likeness, and trade dress of the Event (collectively, the “Event Intellectual Property”) and generally does not permit the use of the Event Intellectual Property by third parties. User agrees not to make use of the Event Intellectual Property except for nominative fair use or with prior written permission from the Event Producer.
No audio or video recordings
The Event producer retains all webcast/Internet rights to the Event. Any live content, whether for Internet or otherwise, from the Event must be specifically agreed to in advance with the Event producer. No one may transmit, broadcast, or communicate any live audio or visual image from the Event site without the Event producer’s prior written permission. This prohibition includes use of any service which broadcasts to the Internet (e.g., CoverItLive, Meerkat, Pariscope, Qik, UStream, etc.). Even if you are a performer or sponsor, recording broadcasting, or communicating any live audio or visual image (whether for archival, documentary, or other use) is expressly prohibited, without the prior written permission of the Event producer.
Audio and/or video recordings and related equipment
Without the express prior written permission of the Event producer, User may not bring any audio or video recording devices (except for personal cell phones) into the Event.
Photography / photographic equipment
User may bring personal, non-commercial, photography devices into the Event and may use these devices to obtain still photographs (collectively “Event Photographs”). By way of example, personal, non-commercial, photography devices include, but are not limited to, cell phones, small digital or film cameras (without a detachable lens).
Without the express prior written permission of the Event producer, User may not bring any of the following devices into the Event: Any photography device which is designed for, or suitable for, any commercial purpose, selfie sticks, tripods, monopods, boom arms, any device which could be used to mount or hold a photography device or could be used to extend User’s reach. Event producer reserves the right, in its sole discretion, to prohibit any device it believes may be used in violation of these Terms, which it believes poses a safety risk, or which it believes may lessen the enjoyment of the Event by others.
USER MAY NOT MAKE ANY COMMERCIAL USE OF ANY EVENT PHOTOGRAPHS WITHOUT THE PRIOR WRITTEN PERMISSION OF THE EVENT PRODUCER. By way of example, commercial use may include, but is not limited to, posting Event Photographs on a website that sells a product, or displays any ads or sponsored links; using or causing Event Photographs to appear in any publication, magazine, serial, or book; using Event Photographs to sell, sponsor, or endorse a product; or using Event Photographs on any website that is or appears to be affiliated or associated with, or sponsored by the Event or the Event producer. Event producer reserves the right to prohibit any use of Event Photographs which it believes is in violation of the Terms. Event producer in its sole discretion may determine what constitutes a commercial use not permitted by the Terms.
User may use Event Photographs for User’s own direct, noncommercial, use. Examples of direct, noncommercial use include, but are not limited to, posting Event Photographs on User’s own personal social media account (e.g., Facebook or Twitter) or personal website or personal photo sharing site (e.g., Flikr or Photobucket) unless the account, personal website or personal photo sharing site is affiliated or associated with a commercial use; sharing Event Photographs with User’s personal friends or family (whether in electronic or physical media). Direct, noncommercial, use never involves posting of Event Photographs on any website or server, or in any other media whether electronic or physical, which sells any product or service, or features or contains any advertisements or sponsored links, or which purports or appears in any way, to be an official or affiliated website of the Event or the Event producer. Without the express prior written permission of the Event producer, User may not sell, transfer, license, sublicense, give or otherwise transfer any Event Photographs or ownership therein.
Without the express prior written permission of the Event producer, Event Photographs that contains any nudity or partial nudity may not be used for any purpose.
Assignment of Copyrights
Unless otherwise expressly agreed to in writing by the Event producer, User assigns to Event producer the exclusive ownership to User’s Event Photographs and to any audio or video recordings taken at the event by User. Event producer may execute any assignment documents on User’s behalf as necessary to perfect Event Producer’s ownership, and User appoints Event producer as User’s attorney-in-fact to execute any such documents for User. User further acknowledges, agrees to, and consents to Event producer registering the copyright with one or more copyright authorities, including but not limited to the United States Copyright Office, and listing the User’s contribution as anonymous.
Event producer, as the copyright owner, has the right, but not the obligation, and at its sole discretion, to enforce its copyright rights in any Event Photographs or audio or video recordings taken at the event not permitted by the Terms.
Event producer assigns to User the non-exclusive right to use User’s Event Photographs for User’s own direct, noncommercial, use as permitted in the Terms. All other rights not assigned by Event producer to User are retained by Event producer. Any violation of the Terms shall be grounds for Event producer to cancel the assignment to User.
Artists and Set times subject to change
Event Artists and set times are subject to change without notice.
User consents to have medical treatment that may be deemed advisable in the event of an injury, accident, or illness during the Event and affirmatively releases the Event producer and all persons participating in such medical treatment from all responsibility for any such actions.
Consent to Search/refusal/ejection
User and User’s belonging may be searched upon entry into the Event, and User consents to such searches and waives any related claims that might arise against the Event producer and its agent. If User elects not to consent to such searches, User may be denied entry into the Event.
Additional Prohibited Items
In addition to those items prohibited elsewhere in these Terms, without the express prior written permission of the Event producer, User may not bring any of the following items into the Event (or cause any of items to enter the event): glass bottles, aluminum bottles, knives, explosives, sling shots, weapons of any other kind, Frisbees, flags, skateboards, roller skates, hover boards, laser pointers, drones of any kind, remote controlled devices or remote controlled toys, large backpacks, and other items as designated by Event producer. Event producer reserves the right to refuse admission to or eject any person, at Event producer’s sole discretion, whose conduct is disorderly, disruptive, or who fails to follow the Event’s rules or directions, or whose language is vulgar or abusive.
Other rights / restrictions
No sponsorship, on site marketing, sampling, vending, coupon/product distribution, or other promotional/advertising activity may be conducted at the Event (inclusive of parking lots), absent the Event producer’s prior written approval in each instance.
The Event producer reserves all rights not expressly granted to User. The terms and restrictions noted on the website of the Event producer’s designated ticketing company, and those below, are also included herein by reference:
In the event of any conflict, these Terms on this page shall prevail.