www.axs.com Open in urlscan Pro
104.18.16.59  Public Scan

Submitted URL: https://click.marketing.axs.com/?qs=79ad24222a8966d4e044e72e9e555036588668c9eeb5a346f8fa7ca652aca8d7e165ef12339b19b1b4d43e013195...
Effective URL: https://www.axs.com/about-purchase-agreement_US_v6.html?cpch=email&cpcn=ReEng_NotSent2&cpdid=125295&cpdn=ReEng_NotSe...
Submission: On December 15 via api from US — Scanned from DE

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GET /search

<form action="/search" method="get" class="h-full-width">
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<form class="eliminate-space user-entry">
  <div class="myaxs-login-trigger">Have an account? <a class="link" href="javascript:void(0)">Sign in</a></div>
  <h3 class="heading">Create an AXS.com account</h3>
  <div>E-mail address is required to create an account.</div>
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GET /search

<form id="global-search-form" class="new-modal__search-form" action="/search" method="get">
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  <h3 class="heading" data-reactid-axsid=".0.1.4.0.1.0.0">Create an AXS.com account</h3>
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  <h3 class="heading" data-reactid-axsid=".0.1.5.0.1.0.0">Create an AXS.com account</h3>
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</form>

Text Content

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1000050

PURCHASE AGREEMENT – NORTH AMERICA

Last updated September 6th, 2023

 

AXS provides technology platforms to its clients such as entertainment venues,
promoters, and sports teams (our “Clients”) to list, sell, issue and deliver
tickets to events using AXS powered websites and mobile applications (the
“Service”).  This Agreement is incorporated into the Terms of Use and, in
addition to the Privacy Policy, the following terms and conditions (this
“Agreement”) apply to all listings and transactions on the Service and sale or
use of tickets issued via the Service, whether issued by AXS or Clients.  Terms
and conditions of sites linked to by or from the Service may vary by site.

 

Please read this Agreement carefully, because it is a contract that affects your
legal rights.  Any ticket issued via the Service is a revocable license.  By
using a ticket to enter the event listed on the ticket the holder of the ticket
agrees to the terms stated in this Agreement on behalf of themselves and any
accompanying minor (collectively “Holder”). The ticket is valid only for the
event, date, time, and seat location issued.  Holder must possess a ticket to
enter the property or venue listed on the ticket.

 

Please note that separate ticket terms and conditions of the MLS team also apply
to tickets to MLS games and events. By purchasing tickets, you are agreeing to
such terms and conditions of the MLS home team.

 

You understand that the event for which you purchase a ticket shall be presented
in accordance with applicable venue policies, public health, safety and security
policies, including local public health and safety policies and CDC guidelines,
as of the date of such event and which may change at any time as determined by
federal, state, or local government agencies or instrumentalities, the venue
operator, artists and/or the promoter; such requirements may include, without
limitation, changes to capacity, attendance procedures and entry requirements,
and other protective measures. If Holder does not comply with any laws,
mandates, health orders or directives, promoter or venue terms, conditions or
rules, then the promoter or venue operator may refuse admission or require any
Holder to leave the venue and you/Holder will not be entitled to a refund.
Please visit the venue website for the most up-to-date policies, protocols and
procedures that the venue may require compliance with or verification of, prior
to or as a condition of admission to the venue.

 

Who you are Buying Tickets From

 

AXS acts as a sales agent of its Clients with respect to ticket sales, and
therefore “AXS” will apply also to our Client with respect to that Client’s
actions, rights, or obligations with respect to the purchase, sale or use of
tickets or attendance at an event, and to the Client’s use of the Service to
list, sell, issue and deliver tickets.  When you buy a ticket listed on the
Service as a “resale” ticket, you are buying directly from the seller of that
ticket.   For tickets to events located in the United States, the Service is
operated by AXS Group LLC.  For tickets to events located in Canada, the Service
is provided by AXS Group Canada.

 

Tickets are a Revocable License

 

Please note that both original issuance tickets and tickets that have been
previously issued and are later posted on the Service as a resale ticket may be
available for sale on the Service, and different terms may apply to each as
detailed below.  Each ticket that you as Holder purchase, receive (for example,
as a subsequent transferee of a prior purchaser) or use, that is issued by the
Service, is a revocable license to enter and attend a particular event (whether
live or online), or to park at a venue, or to exercise certain other rights
associated with an entertainment event for which the Service issues tickets and
each such ticket is a contract, subject to this Agreement, and subject to any
additional specific terms and conditions imposed by our Client or their designee
with respect to the particular ticketed event.   Failure to comply with this
Agreement or such terms and conditions, shall terminate Holder’s rights
hereunder and authorize Client to withdraw the ticket, refuse admission, or
eject the Holder, all without refund, and subject Holder to all available legal
remedies.

 

Payment

 

All ticket prices for events that occur in the United States are stated in U.S.
Dollars. All ticket prices for events that occur in Canada are stated in
Canadian Dollars. The Service currently accepts various credit cards, debit
cards, and digital methods of payment, such as PayPal (each, a “Payment
Method”), and Payment Methods accepted on the Service may change over time and
are subject to specific terms and conditions set by the Payment Method. You
agree to pay all charges incurred by you or any users of your account and
Payment Method at the price(s) in effect when such charges are incurred. You
will also be responsible for paying any applicable taxes relating to your
purchases. In some instances, the sale transaction for the Service may be
processed by our Client directly using their own payment processor, and in these
cases the charge listed on your statement may list our Client’s or the venue’s
name.  Ticket purchases must be paid in full at the time of purchase, unless a
payment plan is offered and entered into at the time of purchase (for example,
if a payment plan is offered for season tickets or in connection with any PayPal
Pay Later offers).  UNLESS OTHERWISE EXPRESSLY STATED HEREIN OR IN ACCORDANCE
WITH ANY TERMS AND CONDITIONS ISSUED BY A CLIENT, ALL PURCHASES ARE
NON-REFUNDABLE AND CANNOT BE CANCELED.  See below for additional terms and
conditions related to your purchase, including those in Event
Cancellations/Postponements, below.

 

Resale of Tickets

 

Tickets may not be resold or offered for resale in violation of posted
restrictions, or in violation of law or regulation.  Violation thereof is
grounds for revocation, seizure or cancellation without refund.  Tickets
obtained from unauthorized sources may be invalid, lost, stolen or counterfeit
and if so, are void. 

 

Except as otherwise prohibited above, tickets may be resold by Holder using the
Service in accordance with our Client’s instructions.  AXS is not the seller of
Resale tickets and will be acting only on the seller’s behalf when offering
Resale tickets on the Service. If you sell or transfer tickets, you are
responsible for ensuring that your transactions do not violate any applicable
law, or any rules or restrictions placed on the ticket and disclosed to you at
the time of purchase. Additionally, you agree to comply with these conditions
and all applicable laws, statutes, ordinances and regulations regarding the use
of the Service, listing of tickets for sale, solicitation of offers for purchase
and the resale of tickets. You also agree that you are responsible, as a seller
of tickets, for paying all taxes, if any, associated with your sale of tickets
through the Service, and any fees we may impose on sellers related to the sale.
AXS complies with any obligation it may have to provide information to tax or
other compliance authorities, including with respect to anti-fraud and/or
anti-money laundering efforts. 

 

Purchases

 

Purchases – General

You must supply the required Payment Method and/or other personal information in
order to complete your purchase.

 

Upon AXS’s receipt of your payment in full, you shall be entitled to the tickets
you have purchased.  Delivery of the tickets shall be made in accordance with
the Delivery of Tickets Section below.

 

If you decide to purchase tickets, merchandise, parking or other items via the
Service, you agree to pay, in addition to the price for the tickets or other
items, other fees and charges that we impose or collect on behalf of our
Clients, or that our Clients collect, such as service fees (also called
convenience fees), handling fees, delivery fees and any other miscellaneous
fees. You also agree to pay any applicable sales or other taxes, including, but
not limited to, any applicable admissions tax.

 

You are urged to review all pages displayed during your completion of a
purchase. All fees and charges relating to your transaction will be disclosed to
you during the purchase process. If you do not agree to pay the fees or charges
associated with your purchase, you must cancel your transaction prior to
completing it. All completed transactions are final, so please be sure that you
have selected the proper event, tickets, or other items prior to completing your
purchase.

 

We or the Client have the right to reject or cancel any purchase, including if
we suspect fraud or any other issues with payment, suspicious account activity,
the use of automated software applications (e.g. bots), or for other suspected
violations of this Agreement or our Terms of Use. 

 

Purchases – Primary Tickets

Unless otherwise stated as part of the purchase, any “primary” tickets (i.e.
tickets sold directly by the event organizer, promoter, sports team or venue
that puts on the event) (each a “Primary Ticket” and collectively, the “Primary
Tickets”) purchased on the Service are typically subject to a per-ticket service
charge and a per-order handling or processing charge.  A per-order delivery fee
may also be assessed, depending on the delivery method. In most instances,
tickets delivered via mobile delivery to your AXS account will not incur a
delivery charge. These fees and charges represent, among other things, the costs
we incur in providing our goods and services to you. The fees and charges we
assess may be greater than our actual cost of providing those services, and we
may retain a portion of all such fees and charges as profit. In some cases, you
may be able to avoid certain charges by purchasing tickets directly from the
venue’s box office.

 

Purchases – Resale Tickets

If you are purchasing a “resale” ticket (i.e. a Primary Ticket that is then
resold) (each a “Resale Ticket” and collectively, the “Resale Tickets”), there
may be applicable buyer, and/or logistics fees and charges imposed.  Such fees
and charges may vary. All applicable fees and charges will be disclosed prior to
completion of your purchase. We reserve the right to increase or decrease these
fees at any time without advance notice for future transactions.

 

If you are purchasing a Resale Ticket, you will be entering into a contract with
the seller of the Resale Ticket for the sale and transfer of the Resale Ticket
to you.

 

We do not review, nor do we warrant or guarantee, the accuracy of any
information provided by Resale Ticket. You should base your purchase decision
solely on the information provided.

You are solely responsible for making a purchase based on the information
provided on our Service. We do not have any legal authority to complete a
purchase on your behalf, and do not act as your agent. By providing payment
details and choosing to complete the checkout process on our Service, you are
agreeing for us to debit or authorize payment for the transaction via the
Payment Method provided. 

 

Purchases – AXS Marketplace 

AXS Marketplaces (“Marketplace”) lists inventory of third-party resellers of
Resale Tickets. Marketplace is not the ticket seller, and the listed tickets are
not listed by Marketplace on behalf of any venue, promoter, team, league or
organizing group.  Marketplace is merely acting as an intermediary between
ticket buyers and ticket sellers. Please also note the following additional
sales terms for Marketplace, which include but are not limited to the specific
items below:

 

 * Tickets listed on Marketplace may be above or below “face value” listed on
   the ticket. 
 * All orders placed on the Marketplace or through the customer call center must
   be confirmed by the respective seller before the Buyer Guarantee (set forth
   below) takes effect.
 * Confirmed orders may be filled with comparable or upgraded tickets if the
   original tickets are no longer available.
 * All sales are final; there are no cancellations, returns, or exchanges.
 * If an event is cancelled with no rescheduled date, you will receive a full
   refund of the purchase price (including delivery charges, less possible
   restocking fees), or a credit for use on a future purchase, as determined in
   our sole discretion (this may vary by jurisdiction, including California (see
   California Business and Professions Code section 22507, under which
   Marketplace will facilitate a request for a refund from the ticket seller).
   If an event is postponed or rescheduled, and the original tickets are valid
   for entry at the time of the rescheduled event, your order will not qualify
   for a refund or other compensation, except in jurisdictions where it is
   required by law, including California (see California Business and
   Professions Code section 22507, under which Marketplace will facilitate the
   request for a refund from the ticket seller).
 * The 100% Buyer Guarantee means that your transaction will be safe and secure,
   the tickets shall be delivered prior to the event, the tickets shall be
   identical, comparable, or better than the tickets you ordered, and the
   tickets shall be valid and authentic. Your only recourse under the 100% Buyer
   Guarantee is the return of any payment made in relation to the tickets.

 

Marketplace utilizes a third-party service provider that performs various
services related to your ticket purchase. For any support inquiries, including
further details regarding purchases made on Marketplace, please
visit https://www.axs.com/jp/marketplace.

 

Purchases - Fair AXS Program 

For certain events (particularly when we anticipate that demand will
significantly exceed supply), we may invite you to register to participate in
the Fair AXS program during the specified time (the “Presale Signup Window”), in
order to be eligible for an opportunity to purchase tickets.  If tickets are
available through the Fair AXS program, you will be required to pay a small
deposit in order to verify your authenticity and your interest in purchasing
tickets for the specific event.  All ticket purchasers will be randomly selected
from all individuals who have registered for the Fair AXS program for that
specific event (e.g. the exact date and geographic location) during the Presale
Signup Window.  There generally is no limit to the number of individuals who may
register for the opportunity to purchase tickets for an event through the Fair
AXS program, and your chances of being selected will vary depending on the
number of registered individuals.  Once the Presale Signup Window closes and
prior to the on-sale date for the event, you will be notified whether or not you
have been randomly selected as an eligible purchaser of tickets for the event,
and if you have been selected, you will receive an email with further
instructions, including the date and time of the event presale.  You are not
under any obligation to purchase the tickets, and all customers, whether
selected for the event presale or not and whether they purchase a ticket or not,
will automatically receive a full refund of their deposit which will be refunded
to the method by which it was paid.  If you are selected as an eligible
purchaser of tickets for the event and you purchase ticket(s) during the
presale, you will be charged separately for your ticket purchase. Please refer
to the specific Fair AXS program event for further details.

 

Sales

 

Sales – General 

You are prohibited from selling or offering for sale your tickets where such
prohibition was disclosed prior to completion of your purchase. Any sale or
offer for sale of your tickets, whether using the Service or another
publicly-available marketplace, when the applicable ticket(s) were sold with a
resale restriction, may result in any or all of the following: (i) cancellation
of the transfer or sale transaction conducted on our Service; (ii) a charge of
our sales fee (described below), calculated with respect to the full sales price
of such ticket(s) sold or transferred, assessed against the seller/transferor of
such ticket(s) (such sales fee will be charged to the Payment Method on file for
the seller/transferor, typically within twenty-four (24) hours after we provide
notice of the assessment of such charge to such person via email); (iii)
revocation of the seller/transferor’s rights to use the Service and any or all
of our other services; and (iv) revocation of such sold or transferred ticket(s)
by the Client.

 

Seller fees on the Service may vary. Please consult the seller fee information
found within our Service. Our sales fee will be assessed against you as the
seller of any ticket(s) that are sold or offered for sale, as well as any taxes
that may apply, both of which will be deducted from the transaction amount due
to you.  At the time of the sale, you will receive an email confirmation showing
your net proceeds from the sale, and information on how the proceeds due to you
from any sale transaction will be made available to you.

 

We may also impose fees and charges payable by the buyer, which will be
disclosed to the buyer during the purchase process. You, as seller, consent to
AXS receiving and retaining payment in respect of such fees and charges from the
buyer, and you acknowledge that you will not be entitled to such fees and
charges.

 

Sales – Primary 

We act on behalf of a seller (our Client) when selling Primary tickets. This
means that our Clients have given us authority to conclude a sale of tickets to
a buyer for the tickets that they have chosen to list for sale.

 

On receipt by us of payment from you, we will transfer the tickets  to you,
subject to this Agreement, our Terms of Use and any specific terms and
conditions of our Client. 

 

Sales – Resale 

We act on your behalf, as seller, when listing or reselling tickets. This means
that you agree that we will have authority to conclude a sale of your tickets to
a buyer on your behalf once you have told us to list the corresponding tickets
for resale. You will also be entering into a separate contract with the buyer,
allowing us to transfer your tickets and the corresponding tickets to them.

 

The proceeds from Resale Ticket transactions may not be immediately available
for disbursement and AXS may delay the disbursement until the associated event
has occurred.

 

Finally, as a seller of tickets, you agree never to specify or include any of
the following in connection with a listing on our Service:

 

 * Any personally-identifiable information (including, but not limited to,
   street address, phone numbers, or email addresses);
 * JavaScript or any other scripting language;
 * HTML or HTML tags; or
 * Any content or action prohibited by our Terms of Use.

 

Transfers

Generally, tickets can be transferred via mobile delivery from your AXS account
to another person, unless our Client has prohibited transfer or resale and
disclosed such prohibition during the checkout process on our Service, prior to
completion of purchase.  If transfer of tickets is permitted, there is no
associated fee unless disclosed on the Service at the time of transfer, in which
case fees will be charged to the relevant Payment Method on file.

 

General Limitations

All scheduled actions including, but not limited to, purchases and listing
expirations will be processed approximately at the date and time specified as
indicated by the Service’s system clock. You acknowledge and accept that actual
processing time may vary by seconds or in unusual cases, by minutes, from the
exact time specified.

 

The Service will automatically complete a sale if it receives any valid offer to
purchase for any listing that remains in effect and available for purchase.
 Listings will be deemed to be in effect from the time the Service processes the
listing action until the earlier of (i) the time the Service processes the
expiration or withdrawal of the listing or (ii) the time the System completes
the processing of a retraction action for that listing.  Listings are not
considered retracted until they have been processed and a system confirmation
has been issued.

 

Limitations on Transfer or Resale 

Your ability and/or right to transfer or resell tickets may vary.  Any
restrictions on transfer or resale will be communicated to you (e.g. in the
event description page, in pop-up boxes, or in an email).

 

Right to Cancel Transaction

In certain circumstances, we have the right to cancel a transaction without
notice and return the tickets to our Client or to the person who held the
tickets prior to the completion of the transaction.  Such circumstances include,
but are not limited to, the following:

 

 * If we or our Client revokes any tickets, Primary Ticket and Resale Ticket
   listings concerning such tickets and related rights (such as parking) will be
   canceled.
 * If an event is canceled (without being rescheduled), listings for tickets to
   such event will be terminated.
 * If buyer’s Payment Method provider does not remit payment, the transaction
   will be canceled.
 * If we suspect, in our sole discretion, fraudulent or other illegal activity
   (whether from the buyer or seller of any transaction).
 * If we suspect, in our sole discretion, unauthorized or fraudulent use of a
   seller or buyer’s account with us.
 * If a buyer, seller or transferee breaches the terms of this Agreement, we
   may, in our discretion, cancel any listing, transfer and/or pending
   transaction associated with such buyer, seller or transferee.
 * If we deem, in our sole discretion, that a listing, transfer and/or
   transaction violates the law, this Agreement or the terms and conditions or
   other rules of our Client, we may cancel such listing, transfer and/or
   transaction.
 * If the tickets are limited as described in Limits on Tickets, and you have
   already purchased the permitted number of tickets, we may cancel any pending
   transactions relating to similar tickets.
 * If there is an error in the pricing of a ticket offered for sale through our
   Service, we may cancel any listing, transfer and/or transaction all as more
   fully described in Pricing and Other Errors.
 * If we cancel a transaction because the buyer fails to remit payment for any
   reason, we are only obligated to return the tickets associated with such
   canceled transaction to the seller.

 

In these instances, and as part of the cancellation of any transaction, AXS
reserves the right to remove any relevant sales proceeds from the Resale Ticket
seller’s AXS account, process a reversal of a prior funds transfer made to the
seller or charge the Payment Method on file for such seller and/or cancel a
pending transaction, whether for Resale Tickets or Primary Tickets.

 

Charges to your Payment Method

If you feel that a charge has been made to your Payment Method in error, call
our helpline or email our customer service department
at customerservice@axs.com.

 

Helpline

 

Our helpline number is 1-888-929-7849. Our helpline allows current and potential
customers to manage/set-up their account information in any way that is
permitted by the Service. To access our helpline services, current customers
must provide specific personally identifiable information that matches the
current information in the account.

 

Right to Act on Instructions by Others

 

We and designated personnel of the applicable Client are authorized to perform
any action on your behalf that you could otherwise perform if instructed by
someone in possession of your account authorization information. You agree that
we may perform these actions, including, but not limited to, addition or
correction of account profile information, addition of additional forms of
electronic identification to your account, transferring tickets to others,
listing tickets for sale, and/or purchasing tickets.

 

Refunds and Exchanges

Please review your tickets carefully, including date and location of the event
and your seat selection, before completing your transaction. Unless otherwise
stated in our terms, tickets cannot be exchanged or refunded even if lost,
stolen, damaged or destroyed, and fees cannot be refunded.

 

Event Cancellations/Postponements

Events may be postponed or canceled for a variety of reasons.  If you hold
tickets to an event that is postponed or canceled, we encourage you to check on
the Service website for updated event information, or to directly contact the
venue or event organizer to obtain information about postponed dates of the
event and whether there is an applicable refund. Refund policies of our Clients
may vary; by purchasing a ticket, you agree to the refund policy of the
associated Client. Although our Clients decide the refund policies, and AXS will
follow their instructions with regard to refunds, please note the following:

 * Refunds will generally be issued if an event is canceled and not rescheduled,
   however, this is determined by our Clients, and not by AXS.  AXS or our
   Client, as applicable, reserves the right to retain various fees and charges
   paid by buyers or sellers on our Service, even if an event is canceled and
   not rescheduled.  If you purchased your ticket via the Service (whether it is
   a Primary or Resale ticket), refunds will be issued by AXS or our Client to
   the Payment Method used to make your purchase, as follows: 

 

 1. If you are a reseller of tickets on our Service, we require that you refund
    the proceeds you received in a Resale Ticket transaction from a buyer (so
    that every party receives the appropriate refund of payments made).  AXS
    reserves the right to charge your account balance and/or Payment Method any
    amounts necessary to provide refunds for Resale Tickets purchased and
    re-sold to another party.  If there are no funds in your account and your
    Payment Method is declined, you agree to immediately provide another Payment
    Method.  You agree to authorize said charges and to pay in full.  If you are
    the original purchaser of Resale Tickets for a canceled event (e.g. you
    purchased a ticket directly from the Service), AXS, or in some cases our
    Client, will automatically issue you a refund to the Payment Method you used
    for the purchase, however such refunds may be withheld subject to your
    reimbursement of AXS for proceeds from the resale of such tickets.
 2. If you are a buyer of tickets on the Service (whether Primary Tickets or
    Resale Tickets), AXS will issue refunds in accordance with our Client’s
    instructions (or refunds may be issued directly by our Client).  The refund
    will be issued to the Payment Method on file.   

 * If an event is rescheduled, we will try to offer a ticket with the same value
   or in the same location as the one you originally purchased, although that is
   not always possible.    
 * Refunds for Primary Ticket purchases are not available for suspended,
   postponed or rescheduled events, unless offered by the Client, or if required
   by law (however, refunds are not typically available for Resale Ticket
   purchases if events are suspended, postponed or rescheduled, even if offered
   to the original purchaser).
 * Please note, if an opening act or guest artist is changed or canceled, the
   event is not considered canceled and you will not be entitled to a refund or
   exchange. 
 * No refunds are offered for online (virtual) events unless the event is
   canceled.  Refunds are not offered if you are unable to access an online
   event due to lack of bandwidth, incompatible equipment or software, or any
   other reason.

 

Limits on Tickets per Customer

 

In an effort to give all interested customers an opportunity to purchase tickets
to an event or other items via the Service, our Clients often set limits on the
number of seating and/or parking rights, or tickets one customer or household is
allowed to purchase. You will be advised of any such limits during the purchase
process, or by a system limitation on the number of tickets you may purchase
during your online session. Tickets purchased for an event during multiple
online sessions on the Service may be totaled to ensure that any limitations
imposed by the Client is not exceeded. Exceeding these limits may result in
cancellation of orders without notice.

 

Availability of Tickets

 

The availability of tickets is subject to change. We act as a sales agent for
our Client.  Tickets for events may be sold through distribution points other
than the Service, such as the venue or event organizer itself, which may have
access to different tickets than are available on the Service.  We do not
control the number of tickets and/or other items sold on the Service or the
location of seats or parking spaces that are made available for purchase.  Our
Clients may potentially release additional tickets during presale, onsale, or
any other time up to the day of the event. Tickets and/or parking rights are
also "locked" (not available) for a short time while customers complete their
purchase.  If a customer does not complete their purchase, previously locked
tickets and/or parking rights are released and made available for purchase. For
these reasons and others, the tickets and/or parking rights available for a
given event can and do change rapidly.  If you are unable to find tickets or
parking rights, please check back again. Once your purchase has been completed,
we will not exchange or refund your order, even if additional tickets or parking
rights become available at a later date.

 

Pricing and Other Errors

 

If the amount that you pay for a ticket is obviously incorrect, regardless of
whether it is an error in a price posted on the Service or otherwise
communicated to you, or if you are able to order tickets before their scheduled
on-sale date, then we reserve the right, at our sole discretion, to cancel your
order and refund to you the amount that you paid. This policy will apply
regardless of how the error occurred.

 

Venue/Event Specific Terms and Conditions

 

By purchasing or accepting tickets to an event or other item on the Service, you
agree to be bound by the terms and conditions and other rules of our specific
Client and the venue where the specific event is being held.  Links to event and
venue terms and conditions that are specific to such events or at such venues
may be included within your purchase confirmation, ticket delivery or event
reminder emails, or made available on each event and venue’s branded area on our
Service, or made available on the applicable Client’s website.  We recommend
that you review the official terms and conditions and other rules of each event
and venue to which you hold tickets.  Holder also understands that at an event,
the Holder assumes and bears all risks of inclement weather or force majeure
events (including injury or cancellation).  During the event, strobe or
theatrical lighting may be used. Event date, time, talent, participants and
rosters are subject to change without notice. Occasionally, there may be changes
made to the venue seating map that result in seat location changes or other
seating changes made by the event promotor or venue (e.g. production, sight line
or other venue issues) and refunds will not be permitted due to such seat
changes after purchase, provided that the re-assigned seat is of equal (or
greater) value to the face value of the original ticket. In the event that the
re-assigned seat is of lesser value to the face value of the original ticket,
only a partial refund may be offered for the difference in price. Full refunds
will not be permitted.

 

Delivery of Tickets

 

Your tickets will be delivered to you as indicated at the time of purchase, most
frequently via mobile delivery to your AXS account.  Certain events may have
restricted delivery options, as well as delayed delivery windows (for example,
tickets for online events will typically be delivered to your AXS account
immediately following purchase), and tickets for certain live events may not be
delivered until a date closer to the event).   AXS is not able to specify the
exact date of delivery for each event, so please allow as much time as possible
for your tickets to arrive.  Shipping information, if any, is provided at
checkout. If tickets are mailed, they will be sent to the address provided by
the purchaser at the time of purchase. AXS is not responsible for failure of
delivery or any losses incurred as a result of a purchaser’s failure to provide
an accurate address. If you have not received your tickets five (5) days before
the event for which you purchased, please contact us
at customerservice@axs.com or 1-888-929-7849.

 

There may be circumstances in which we make your tickets available for your
collection at the box 

office of the venue at which the event will be held.  We will notify you by
email if this box office collection is required.  In order to collect your
tickets at the box office, you will be asked for order confirmation, proof of
identity and the Payment Method used for the transaction.  If you are unable to
provide this information, the box office may refuse to provide your tickets to
you, and we will not be responsible for your inability to enter the event. 

 

Information You Provide to Us

 

By using the Service, you agree to the Privacy Policy and Terms of Use.  All
information provided through the Service will be managed and processed in
accordance with the Privacy Policy. Verification of information may be required
prior to the acknowledgment or completion of any purchase.

 

Compliance with Laws

 

You understand that you must comply with all applicable laws associated with the
sale or purchase of tickets or the use of the Service, and for complying with
all applicable ticket resale laws.  You also understand that you must comply
with all laws, mandates, health orders and directives applicable to the event
you attend.  Unlawful resale (or attempted resale), counterfeit or copy of
tickets is grounds for seizure and cancellation without compensation.  Certain
maximum resale premiums and restrictions may apply in some states and you
understand that complying with laws is your responsibility and we are not
responsible for providing legal advice regarding resale or pricing of tickets.
In addition, we reserve the right to restrict or deny ticket purchasing
privileges to anyone that we determine to be, or has been, in violation of our
policies. Because we do not guarantee the authenticity of tickets purchased from
any non-authorized third-party reseller (such as brokers or individuals), we
recommend that you purchase tickets directly through AXS, our Client, authorized
partners or from the venue box office to ensure ticket authenticity. 

 

You agree not to hold us liable for your failure to comply with any law or our
failure to notify you of, or properly apply, any law. We will comply with law
enforcement requests and may provide them with all information you submit to us
to assist in any investigation or prosecution they may conduct (without
providing notice to you, unless otherwise required by law). Remember, in order
to prevent ticket misuse or to comply with any applicable requirements such as
related to the ADA, our Client may at their discretion require the person
purchasing tickets to be the person that uses the ticket, and therefore may
require verification of identity at entry.

 

Information/Services We Provide to You

 

We reserve the right, without prior notification, to change any content on our
Service; to honor, or impose conditions on the honoring of, any coupon, coupon
code, promotional code or other similar promotions; to terminate, suspend any or
limit any user’s ability to make purchases through the Service. Price and
availability of any ticket, product or service on the Service are subject to
change without notice.

 

Order Confirmation

 

AXS or the Client may send a summary of your purchase to the email address you
provided to our Service.  You should receive a confirmation after concluding
your transaction. If you do not receive a confirmation, if you receive an error
message, or if you discover an error in the information provided, contact
customer service immediately at customerservice@axs.com to ensure your
transaction was completed and that your information is correct. The Service
cannot be responsible for transactions that were not completed or for
assumptions that a transaction was completed even though you did not receive a
confirmation.

 

Please note that orders are processed only after a billing address and other
billing information has been verified. Occasionally, we receive incorrect
billing or Payment Method information for an order that can delay processing and
delivery. In these cases, customer service will attempt to contact you, using
the information we have on file. If customer service is unable to reach you
after its initial attempt, the Service may cancel your order and release your
tickets or Rights without further notice to you. Information sent to the email
address you provide will be deemed to be delivered to you, regardless whether
you check your email, provide an incorrect address, or if the message is marked
as “junk” or “spam.”

 

Assumption of Risk, Waiver & Limitation of Liability

 

In addition to the limitations set forth in the Terms of Use, which include a
mandatory arbitration provision and a class action waiver provision, the
following limitations of liability apply to any purchase or sale you make
through the Service and any use of a ticket issued by the Service.  By entering
the venue for the event, each Holder agrees to the following:

 

Assumption of Risk

Holder understands and agrees that there are certain risks of injury, illness
and/or death of entering the venue and/or attending the event, including,
without limitation, objects flying into the spectator area during an event,
special effects at an event, acts or omissions of other spectators and risks
related to the novel coronavirus SARS-CoV-2 and any resulting disease (together
with any mutation, adaptation or variation thereof, “COVID-19”). Holder
understands and agrees that these risks cannot be fully eliminated.  

Despite these risks, Holder voluntarily assumes ALL known and potential risk and
danger of injury and/or death from any cause, resulting from, in connection
with, or incidental to the venue and/or event, including, but not limited to
exposure to COVID-19.  Holder agrees that the Releasees (defined below) shall
not be responsible or liable for any claim, loss, damage or injury, whether
occurring before, during, or after the event, regardless of whether caused by
the negligence or other fault of Releasees or any third party.     

 

Waiver

Holder hereby forever releases, waives, discharges and agrees not to sue AXS,
Client, Anschutz Entertainment Group, Inc., any owner, manager, operator, or
sponsor of the venue, any promoter, producer, or sponsors of the event, any
leagues, teams, artists, advertisers or suppliers of the event, and their
respective parents, subsidiaries, affiliates, owners, members, managers,
directors, officers, past and present employees, volunteers, agents,
representatives, successors and assigns (collectively, “Releasees”) for any
known or unknown claims, losses, damages, liability, demands or actions incident
to entering the venue and/or attending the event, whether such risks and dangers
occur before, during, or after the event, including, but not limited to injury
or death relating to COVID-19 or any other illness or injury that Holder may
sustain while at the venue or related to attending the Event, regardless of
whether caused by the negligence or other fault of Releasees or any third party
(“Claims”). 

For California residents: I understand that this waiver applies to Claims which
I may not know or suspect to exist and I knowingly and voluntarily waive such
rights, including those under California Civil Code Section 1542, which
provides:  “A general release does not extend to claims that the creditor or
releasing party does not know or suspect to exist in his or her favor at the
time of executing the release, and that if known by him or her would have
materially affected his or her settlement with the debtor or released party.”

Limitation of Liability 

To the fullest extent permitted by applicable laws, none of the Releasees are or
will be responsible or liable to you or to any third party for, and you
expressly waive all rights to seek, any indirect, incidental, consequential,
special, exemplary, punitive or other damages under any theory of liability,
arising out of or relating in any way to the Service, transactions made through
the Service, and/or materials contained on the Service, or the event (even if we
or Client have been advised of the possibility of such loss or damages, or such
loss or damages were reasonably foreseeable).

Attendance Restrictions

Each Holder agrees to comply with the following terms and conditions regarding
tickets and attendance at an event:

 * SAFETY AND SECURITY.  In the event you are hurt or believe there is a
   security issue, please contact an usher or security personnel immediately.
    AXS is not responsible for the acts or omissions of any venue or Client. 
 * Virtual (Online) Events.  If you purchase tickets to an online event, we do
   not guarantee that your device or network will have the necessary bandwidth
   or capabilities to stream the event at a suitable speed, and you bear all
   risk with regard to such transmission. We do not guarantee that any online
   event will be available in any particular format or that an event will be
   compatible with any specific system, application, or device. We make no
   representations or warranties about the quality of your watching experience
   or your display. We do not guarantee the suitability of any event for any
   particular age group, and events may contain language or content not suitable
   for children.
 * PROPER CONDUCT. All attendees must conduct themselves properly at an event.
    The venue shall have the right, without refund of any amount paid, to refuse
   admission to, or eject, any person whose conduct Client or the venue deems
   disorderly or improper, who uses inappropriate, vulgar or abusive language,
   who fails to provide proper identification, or who fails to comply with any
   other rules adopted by the Client or venue.  Breach of these terms or rules
   could result in the termination of your license or right to attend the event
   without refund. Latecomers may be seated at the discretion of Client or
   venue.
 * RECORDING/PHOTOGRAPHY/OTHER RESTRICTIONS. All photography, filming and other
   recordings of the event are PROHIBITED.  Individuals in possession of a
   recording device are subject to confiscation and/or ejection.  The event is
   copyrighted, and Holder agrees not to transmit, distribute or sell (or aid in
   such activity), in any media now or hereafter existing, any description,
   account, picture, video, audio or other form of exploitation or reproduction
   of the event without Releasee’s written consent. Holder consents to be
   photographed, filmed, videotaped or otherwise recorded in connection with the
   event, promotion of the event and/or Venue. Holder grants venue permission to
   utilize their name, image, voice, actions, statements and likeness
   (collectively, “Personage”) in any form, format, media, display or other use
   made of, or at, the event in any medium, whether known or hereinafter
   created, or context for any purpose, including commercial, without further
   authorization from or compensation to Holder. Holder acknowledges they have
   no privacy expectation in connection with attendance at the Event. Holder
   covenants not to sue any of Releasees for use of Personage as provided
   herein. Holder agrees not to record or transmit, or aid in recording or
   transmitting, any description, account, picture, or reproduction of the
   event. For online events, Holder may not download the event or otherwise
   record or make a copy of any portion of the event, and Holder may not use,
   reproduce, modify, display, publicly perform, distribute, make available, or
   create derivative works of any portion of an online event.  If you attend an
   event, you, as Holder grant permission to the applicable Client, its related
   entities, the event,  venue and the performing artist, team or other event
   producer and AXS to use your name, image, likeness, sounds in any audio,
   video, or photographic display or other transmission, exhibition, publication
   or reproduction made of, or at, the event (regardless of whether before,
   during or after play or performance) for any purpose, in any manner, in any
   medium now known or hereafter developed, without further authorization from,
   notice or compensation to, you or anyone acting on your behalf, including for
   promotional or other purposes.
 * SEARCH/NO EXPECTATION OF PRIVACY.  Holder consents to a search of their
   person and property and waives any claims against Releasees that may arise
   from such a search. If you elect not to consent to a search, you may be
   denied entry to the event without refund or other compensation. Under certain
   facility or venue rules, certain items may not be brought into the premises,
   including without limitation, alcohol, drugs, food, beverages, controlled
   substances, cameras, recording devices, laser pointers, strobe lights, or
   certain size packages or bags. You agree that the event for which you
   purchase or use tickets is a public event, that your appearance and actions
   inside and outside the venue where the event occurs are public in nature, and
   that you have no expectation of privacy with regard to your actions or
   conduct at the event.
 * PROMOTION RESTRICTIONS. Tickets may not be used for any contests,
   sweepstakes, or promotional or commercial purposes without the prior written
   permission of AXS, the Client, or applicable party relative to the event.
 * ADDITIONAL TERMS. There may be additional terms applicable to the sale and
   use of tickets listed on the Service, which will be disclosed to you during
   the purchase process.  You may also be linked to a third-party site, which is
   not affiliated with our Service. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF
   THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make
   sure to review the terms and conditions that you will find on these
   third-party sites. 

Contact Information

If you have any questions regarding this Agreement, please contact us
at customerservice@axs.com or by mail at:

AXS GROUP LLC
 425 West 11th Street, Suite 100
 Los Angeles, CA 90015
 Attn:  Purchase Agreement - AXS
 888.929.7849

©2023 AXS Group LLC

 

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