www.axs.com
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Submitted URL: https://click.marketing.axs.com/?qs=bf165bc9fa2d67d14cca76c7f0820bad5f35cbff68b73d6954a73e177b11a07197b147b401abb3479395ce0c32e9...
Effective URL: https://www.axs.com/about-terms-of-use_US_v3.html
Submission: On December 15 via api from US — Scanned from DE
Effective URL: https://www.axs.com/about-terms-of-use_US_v3.html
Submission: On December 15 via api from US — Scanned from DE
Form analysis 9 forms found in the DOM
GET /search
<form action="/search" method="get" class="h-full-width">
<input id="navbarSearchInput" type="search" placeholder="Search by Artist, Event or Team" class="search-bar__input" name="q" autocomplete="off" aria-label="search">
<section class="search-bar__results is-hidden"></section>
</form>POST /location/setgeo
<form action="/location/setgeo" method="post" novalidate="novalidate">
<section class="search-bar__results search-bar__location-results-container is-hidden">
<div class="search-bar__results-title h-margin-bottom h-mobile-only"> Location </div>
<div class="search-bar__location-title">
<svg class="svg-icon--location search-bar__location-svg" role="img" aria-label="location">
<title>location</title>
<use xlink:href="#svg-icon-location"></use>
</svg> <input id="navbarLocationInput" type="search" placeholder="Where is your next event location..." class="search-bar__location-input" name="q" autocomplete="off" aria-label="search_by_location">
</div>
<section class="search-bar__location-results is-hidden"></section>
</section>
</form><form id="axs-email-signup-form" style="margin-left: -20px" novalidate="novalidate">
<div class="error" id="axs-email-signup-form-error"></div>
<div class="myaxs_form_text mt15 fl ml20">
<input id="axs-email-signup-fname" aria-label="email_signup_fname" name="axs-email-signup-fname" type="text" class="required" value="Enter your first name" onfocus="if(this.value == 'Enter your first name')this.value='';"
onblur="if(this.value == '')this.value='Enter your first name';" aria-required="true">
</div>
<div class="myaxs_form_text mt15 fl ml20">
<input id="axs-email-signup-lname" aria-label="email_signup_lname" name="axs-email-signup-lname" type="text" class="required" value="Enter your last name" onfocus="if(this.value == 'Enter your last name')this.value='';"
onblur="if(this.value == '')this.value='Enter your last name';" aria-required="true">
</div>
<div class="cleaner"></div>
<div class="myaxs_form_text mt15 fl ml20">
<input id="axs-email-signup-zip" aria-label="email_signup_zip" name="axs-email-signup-zip" type="text" class="required" value="Enter your Zip/Postal code" onfocus="if(this.value == 'Enter your Zip/Postal code')this.value='';"
onblur="if(this.value == '')this.value='Enter your Zip/Postal code';" aria-required="true">
</div>
<div class="myaxs_form_text mt15 fl ml20">
<input id="axs-email-signup-email" aria-label="email_signup_email" name="axs-email-signup-email" type="text" class="required email" value="Enter your email Address" onfocus="if(this.value == 'Enter your email Address')this.value='';"
onblur="if(this.value == '')this.value='Enter your email Address';" aria-required="true">
</div>
<div class="cleaner"></div>
<div class="myaxs_form_text mt15 fl ml20" style="visibility: hidden">
</div>
<div class="myaxs_form_text mt15 fl ml20">
<input id="axs-email-signup-email2" aria-label="email_signup_email2" name="axs-email-signup-email2" type="text" class="email" equalto="#axs-email-signup-email" value="Confirm your email Address"
onfocus="if(this.value == 'Confirm your email Address')this.value='';" onblur="if(this.value == '')this.value='Confirm your email Address';">
</div>
<div class="cleaner"></div>
<div class="btn-group">
<button class="btn-new btn-color-blue btn-size-medium send_button" aria-label="email_signup_send">Send</button>
</div>
</form><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>
</form>GET /search
<form id="global-search-form" class="new-modal__search-form" action="/search" method="get">
<div class="easy-autocomplete"><input id="global-search__form-input" type="search" aria-label="global_search" name="q" required="" autocomplete="off">
<div class="easy-autocomplete-container" id="eac-container-global-search__form-input">
<ul></ul>
</div>
</div>
<button class="new-modal__search-btn" aria-label="search_button" type="submit"> <svg class="svg-icon--search " role="img" aria-label="search">
<title>search</title>
<use xlink:href="#svg-icon-search"></use>
</svg> </button>
</form>POST /location/setgeo
<form id="location-search-form" class="new-modal__search-form" action="/location/setgeo" method="post" novalidate="novalidate">
<svg class="svg-icon--location " role="img" aria-label="location">
<title>location</title>
<use xlink:href="#svg-icon-location"></use>
</svg>
<div class="easy-autocomplete"><input id="location-search__form-input" aria-label="location_search" class="location-search__form-input" type="search" required="" autocomplete="off">
<div class="easy-autocomplete-container" id="eac-container-location-search__form-input">
<ul></ul>
</div>
</div>
<button class="new-modal__search-btn" type="submit" name="submit" aria-label="submit"> <svg class="svg-icon--search " role="img" aria-label="search">
<title>search</title>
<use xlink:href="#svg-icon-search"></use>
</svg> </button>
</form><form id="myaxs-login-form" class="" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3">
<div class="inner-form-wrapper" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0">
<div class="m-top-md" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0"><label for="axs_email_login" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.0"><span data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.0.0"> </span><span
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.0.1">Email</span><span data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.0.2"> </span></label><input type="email" id="axs_email_login" class="required" name="SIGNIN_emailAddress"
autocomplete="email" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.1">
<div id="myaxs-login-form-error" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.0.2"></div>
</div>
<div class="m-top-md" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1">
<div class="inline-left" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.0"><label for="axs_pass_login" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.0.0"><span
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.0.0.0">Password</span><span data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.0.0.1"> </span></label></div>
<div class="inline-right" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.1"><label class="pwlost m-top-sm"
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.1.0"><a id="pwlost" tabindex="0" role="button" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.1.0.0">Forgot Password?</a></label></div>
<div class="input-wrapper" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.2"><input type="password" class="required" id="axs_pass_login" name="SIGNIN_password" autocomplete="current-password"
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.2.0"><span class="visibilityIcon" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.2.1"><svg class="svg-icon-visibility-off"
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.2.1.0">
<title>visibility-off</title>
<use xmlns:xlink="http://www.w3.org/1999/xlink" xlink:href="#visibility-off"></use>
</svg></span></div>
<div class="form-error-message is-hidden" id="myaxs-login-form-error2" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.1.3"></div>
</div>
<div class="inner-form-wrapper user-action cf " data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.2"><button id="sign_in_btn" class="btn-new btn-large btn-first" disabled="" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.0.2.0">Sign
In</button></div>
</div>
<div class="inner-form-wrapper" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1">
<div class="facebook-btn-wrapper" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0"><button id="facebook_btn" class="social_btn btn-large m-top-md item-with-svg" type="button" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0.0"><svg
class="svg-icon-facebook svg-sub-nav-icon svg-icon-center" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0.0.0">
<title>facebook</title>
<use xmlns:xlink="http://www.w3.org/1999/xlink" xlink:href="#facebook"></use>
</svg><span id="facebook-btn-txt" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0.0.1"><span data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0.0.1.0">Sign in with </span><span
data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.0.0.1.1">Facebook</span></span></button></div>
<div id="loadSubOptions" class="sub-nav-sign-in text-center m-top-md space-below-large" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.2">
<a href="javascript:void(0)" data-reactid-axsid=".0.1.2.$0.$0.0.$SIGNIN.0.1.0.3.1.2.0">More Sign In Options</a></div>
</div>
</form><form class="eliminate-space user-entry" data-reactid-axsid=".0.1.4.0.1.0">
<h3 class="heading" data-reactid-axsid=".0.1.4.0.1.0.0">Create an AXS.com account</h3>
<div data-reactid-axsid=".0.1.4.0.1.0.1">E-mail address is required to create an account.</div>
</form><form class="eliminate-space user-entry" data-reactid-axsid=".0.1.5.0.1.0">
<h3 class="heading" data-reactid-axsid=".0.1.5.0.1.0.0">Create an AXS.com account</h3>
<div data-reactid-axsid=".0.1.5.0.1.0.1"></div>
</form>Text Content
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* Music
* Arts & Family
* Sports
* Los Angeles , CA
* search
* left search
location Los Angeles , CA
Location
location
1000398
TERMS OF USE – NORTH AMERICA
Last updated September 6th, 2023
Welcome to AXS! This website, mobile application and service is owned and
operated by AXS Group LLC, and its affiliates AXS Digital LLC, which processes
sales for events in the United States, and AXS Group Canada Inc. which processes
sales for events in Canada (collectively, "AXS", “us”, “our” or "we"). The
following are the terms and conditions of use ("Terms") that govern the use of
our websites located at axs.com and any other website where we post these terms
(the "Site(s)"), our mobile applications (the "Mobile App(s)"), our ticketing
SDKs and APIs (“APIs”), and our self-service ticket kiosks (the “Kiosk(s))”. The
Site, Mobile App, APIs, and Kiosks are collectively referred to as the
"Services."
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SERVICES OR MAKING ANY
PURCHASE ON OR THROUGH THE SERVICES. BY CONTINUING TO USE THE SITE, PURCHASING A
TICKET, OR OTHERWISE USING OUR SERVICES, YOU AGREE TO THESE TERMS. Certain areas
of the Services (involving, for example, sweepstakes, or ticket purchases) may
contain or require additional terms and conditions, including, if applicable,
the AXS Purchase Agreement, or any ticket purchase terms and conditions provided
by the venue, promoter, or other third party.
GENERALLY
By using the Services, you represent that you are at least 18 years of age or,
if under the age of 18, you have the consent of your parent or legal guardian to
use the Services. If you do not meet these requirements or do not agree to these
Terms, please do not use the Services. We reserve the right, at our discretion,
to alter or remove contents or features on the Services, as well as change,
modify, add, or remove portions of these Terms at any time. This may include
initiating or changing fees or charges for use of the Services or portions
thereof.
Any changes we make will be effective immediately upon notice, which we may
provide by any means including, without limitation, posting a revised version of
these Terms on the Services. Please check these Terms periodically for changes.
Your continued use of the Services following the posting of changes to these
Terms will mean you accept those changes. You can tell the most recent version
of the Terms by looking at the effective date.
ABOUT OUR SERVICES
AXS is the owner and operator of proprietary, web-based electronic ticketing
systems and applications. We license these ticketing systems and applications
and other ticketing-related services to our clients, such as entertainment
venues and sports teams, to enable consumers to purchase and manage tickets to
our clients’ events.
One of our Services is an electronic marketplace provided by AXS that allows
individuals holding applicable rights to enter events (e.g., professional sports
games, concerts, etc.), to park during events and/or to access concessions
during events (individually or collectively, "Rights"), and to sell or transfer
such Rights to other persons. Holders of Right(s) (“Holders”), whether they are
the original holder, a transferee or a purchaser, may redeem such Right(s) at
the venue of the event for which they hold Rights. To redeem the Right(s), the
Holder will scan a credit card, state issued identification card, and/or mobile
device that they have previously registered on our Site when they enter the
venue. The Holder will then be able to enter the event, park and/or purchase a
preset dollar value of concessions, depending upon the type of Right that they
are redeeming.
OWNERSHIP
We are the owner or licensee of all of the content contained on the Services
(which includes, without limitation, all graphics, text, images, photographs,
videos, illustrations, and the design, selection and arrangement thereof), as
well as the software (including any images or files incorporated in or generated
by the software), underlying code, and data accompanying the software for the
Site (collectively, the “Software”).The Services and Software are protected by
copyright, patent and/or trademark and/or other proprietary intellectual
property rights, which are owned or licensed by us, and are protected under
United States and international intellectual property laws. By using the
Services, you acknowledge that you do not acquire any ownership rights to the
Services, Software or any contents thereof.
LIMITED LICENSE; RESTRICTIONS
We provide the Services to you for the purposes of providing you with
information about us, as well as the exciting events, venues and other products
and services offered or described on the Services. You are granted a limited
license to use the Software and/or download the materials contained on the
Services to a single personal computer, and to print a hard copy of the
materials contained on the Services, solely for your personal, non-commercial
use, and provided all copyright, patent, trademark and other proprietary notices
are left intact. You are not permitted to use, reproduce, modify, display,
publicly perform, distribute, or create derivative works in any other media, by
any means and for any purpose without our prior written permission. In all
cases, the Site or Mobile App must be acknowledged as the source of the
material.
The grant of this limited license is conditional upon your agreement to and full
compliance with these Terms. Any other use of the Software or any of the
materials on the Services, including use on any other website, reproduction (for
any purposes other than those noted above), modification, distribution, or
republication, without our prior written permission is strictly prohibited, and
is a violation of our proprietary rights and/or the rights or our licensors.
If you download any Software from the Services, the Software, is subject to the
limited license set out above. We and/or our suppliers (as the case may be)
retain all right, title, interest and intellectual property rights (including
any copyrights, trademarks, patents, trade secrets or other intellectual
property) in and to the Software. You may not distribute, sell, use or transmit
the Software and you are not permitted to alter, modify or adapt the Software,
including but not limited to translating, decompiling, reverse engineering,
disassembling, or creating derivative works of it, or otherwise using it for
commercial purposes.
The trademarks, logos, and service marks displayed on the Services (collectively
the "Trademarks") are the registered and unregistered trademarks owned by us or
by our licensors, service providers and or others that have granted us
permission to use such Trademarks. You may not use the Trademarks in connection
with any product or service that is not offered by us, and users are not granted
any license or right to use the Trademarks for commercial or any unauthorized
purposes.
CUSTOMER PORTAL ACCOUNTS AND ACCOUNT MANAGEMENT
As part of our Services, we may provide access to a customer portal that allows
certain registered users to manage season tickets and long-term or recurring
purchases. We allow users of the service to create different access roles for
different users authorized to access a single account. The named account holder
is the “Primary Account Holder”. The Primary Account Holder may designate
additional parties (“Associate Account Holders”) who may manage aspects of the
Primary Account Holder’s account. For example, as a Primary Account Holder, you
may add and remove Associate Account Holders through your customer portal.
Associate Account Holders may add, edit, or remove credit cards, process
payments, and forward tickets, or perform other actions as specified on the
Site. However, Associate Account Holders may not update the certain information
of the Primary Account Holder for security purposes.
By designating an Associate Account Holder, Primary Account Holders agree to
defend, indemnify and hold AXS harmless for the actions taken by your Associate
Account Holder in accordance with the permissions granted to such Associate
Account Holder. YOU, AND IF APPLICABLE, YOUR ASSOCIATE ACCOUNT HOLDER(S), ARE
LIABLE FOR ALL ACTIONS TAKEN UNDER YOUR ACCOUNT. AXS DISCLAIMS ANY AND ALL
LIABILITY FOR ACTIONS TAKEN BY YOUR ASSOCIATE ACCOUNT HOLDERS UNDER YOUR
ACCOUNT. It is solely your responsibility to determine when or whether to grant
and restrict the access rights of your Associate Account Holders.
Furthermore, we and designated personnel of the venues associated with an event,
event producers and/or event promoters 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, including the addition of
Associate Account Holders. 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, creation of Associate Account Holder accounts, transferring tickets
and/or Right(s) to others, listing tickets and/or Right(s) for sale, informing
the caller of the status and amount of bids on your existing listings, accepting
bids for tickets and/or Right(s), making bids for tickets and/or Right(s),
and/or purchasing tickets and/or Right(s).
CODE OF CONDUCT
On the Services, we may enable users to post comments, content, or interact with
others. You may not use the Services to:
* defame, abuse, harass, harm or threaten others;
* make any bigoted, hateful, or racially-offensive statements;
* advocate illegal activity or discuss illegal activities with the intent to
commit them or cause injury or property damage to any person;
* post or distribute any material that infringes and/or violates any right of a
third party or any law;
* post or distribute any vulgar, obscene, discourteous, or indecent language or
images;
* advertise or sell to or solicit others;
* use the Services for commercial purposes of any kind;
* post or distribute any software or other materials that contain a virus,
worms, Trojan horses, defects, date bombs, time bombs or other harmful
component;
* post material or make statements that are not appropriate to the content of
the Services;
* restrict or inhibit any other user from using and enjoying the services or
features of the Services;
* forge headers or otherwise manipulate identifiers in order to disguise the
origin of any content displayed by, or transmitted over, the Services;
* transmit (a) any content or information that is unlawful, fraudulent,
threatening, abusive, libelous, defamatory, obscene or otherwise
objectionable, or infringes our or any third party's intellectual property or
other rights; (b) any material, non-public information about companies
without the authorization to do so;
* upload, post, email, transmit or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in
those areas that are designated for such purpose;
* impersonate any person or entity, or falsely state or otherwise misrepresent
your affiliation with any person or entity, including us or any of our
employees, including improper use of passwords, pass codes, pre-sale codes or
discount codes if you are not the original recipient of such code;
* use the Services or any materials contained on the Services for any unlawful
or commercial purpose;
* interfere with or disrupt any servers or networks used to provide the
Services or any features, or disobey any requirements, procedures, policies
or regulations of the networks we use to provide the Services;
* gain, or attempt to gain, unauthorized access to the Services, or any
account, computer system, or network connected to the Services (including
ticketing web sites, whether operated by us or others), by means such as
hacking, password mining, decompiling or reverse engineering to access source
code, or other illicit means.
* obtain or attempt to obtain any materials or information through any means
not intentionally made available through the Services;
* gather any email addresses or other personal information that has been posted
by other users of the Services for marketing or for commercial or other
improper purposes;
* "Frame" or "mirror" the Services, or any part thereof; or
* use any automatic means (e.g., robot, spider, offline reader, the Services
search/retrieval application or other manual or automatic device or process)
to (a) retrieve, index, data mine or in any way reproduce or circumvent the
navigational structure or presentation of the Services or any content or (b)
to make multiple and repetitive inquiries to access, reload or "refresh"
transactional event or ticketing pages. The only exception relates to public
search engines used solely to create publicly available search indices (which
we may revoke such rights at any time in our sole discretion).
While using the Services, you agree to comply with all applicable laws, rules
and regulations. Please let us know if you believe someone is violating the Code
of Conduct.
To use certain features of the Services, you may need a username and password,
which you will receive through the registration process. You must provide us
with accurate, complete, and updated registration information. You are
responsible for maintaining the confidentiality of the password and account, so
please do not give out your password to anyone. You are responsible for all
activities (whether by you or by others) that occur under your password or
account. You agree to notify us in writing immediately of any unauthorized use
of your password or account or any other breach of security, and to ensure that
you exit from your account at the end of each session. We cannot and will not be
liable for any loss or damage arising from your failure to protect your password
or account information. We may refuse registration or cancel an account or deny
access to the Services in our sole discretion.
It is our policy to respect the privacy of all customers. We will use
information we collect in variety of ways, subject to our Privacy Policy.
We reserve the right to remove or edit content from the Services at any time and
for any reason. By uploading or submitting any materials to us or the Services,
you automatically grant (or warrant that the owner of such materials expressly
granted) us a perpetual, royalty-free, irrevocable, nonexclusive right and
license to use, reproduce, modify, adapt, publish, translate, publicly perform
and display, create derivative works from and distribute such materials or
incorporate such materials into any form, medium, or technology now known or
later developed throughout the universe. In addition, you warrant that all
so-called "moral rights" in those materials have been waived.
When reading content posted by end-users, never assume that people are who they
say they are, know what they say they know, or are affiliated with whom they say
they are affiliated with in any user-generated content area. Information
obtained from end-users may not be reliable. We cannot be responsible for the
content or accuracy of any information, and shall not be responsible for any
decisions made based on such information.
TICKET PURCHASES
When purchasing tickets, the ticket you purchase will be subject to additional
terms and conditions, including the AXS Purchase Agreement, and you may be
subject to additional terms and conditions provided by the venue, promoter, or
other party involved in the event or service to which you have purchased a
Right. Please review any terms and conditions (including those of any third
party) that govern your order or purchase of any tickets through the Services
and the use of such tickets. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF
THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES.
TERMINATION AND SUSPENSION
You agree that we may, under certain circumstances and without prior notice,
immediately terminate your account with us. Cause for such termination shall
include, but not be limited to, (a) breaches or violations of these Terms, (b)
requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
of our Services, (e) unexpected technical or security issues or problems, (f)
extended periods of inactivity, (g) engagement by you in fraudulent or illegal
activities, and/or (h) nonpayment of any fees owed by you in connection with the
services provided by us. Termination of your account with us includes (a)
deletion of your password and all related information, files and content
associated with or inside your account (or any part thereof), and (b) barring of
further use of the service provided by us. Further, you agree that all
terminations for cause shall be made in our sole discretion and that we shall
not be liable to you or any third party for any termination of your account or
access to the services provided by us.
Without limiting any other remedies that we may have available at law or in
equity, upon our confirmation that you have breached any provision of this
Agreement or the agreements referenced in this Agreement, we may, without
notice, cancel any pending transaction you may have with us, charge you the
sales fee associated with the canceled transaction and restrict or deny your
access to our website and services, including any services that we provide
through channels other than the Internet.
In addition, we may grant certain clients on whose behalf we sell tickets (such
as venues, teams, and event hosts) and their account administrators the right to
request termination, suspension or for us to otherwise disable access to Primary
Account Holder or Authorized User accounts in the event the Primary Account
Holder fails to adhere to the terms and conditions placed on such user by the
client, including but not limited to: violations of the client’s purchase terms
and conditions, venue policies, or for Primary Account Holder’s failure to
fulfill payment obligations to the client.
DISCLAIMER
THE SERVICES AND THEIR CONTENTS ARE PROVIDED WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL
REPRESENTATIONS AND WARRANTIES, INCLUDING BY WAY OF EXAMPLE BUT NOT LIMITATION,
AS TO FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAWS. IN ADDITION, WE DO NOT REPRESENT OR WARRANT THAT THE
INFORMATION AND/OR FACILITIES ON OR ACCESSIBLE VIA THE SERVICES ARE ACCURATE,
COMPLETE OR CURRENT, OR THAT THE SERVICES WILL BE FREE OF DEFECTS, INCLUDING,
BUT NOT LIMITED TO, VIRUSES OR OTHER HARMFUL ELEMENTS. THE USER OF THE SERVICES
ASSUMES ALL COSTS ARISING AS A RESULT OF THE USE OF THE SERVICES.
While we try to provide accurate information on the Services, the data and other
information contained on the Services are subject to frequent changes. We also
receive information from a variety of sources that we do not control and for
which we cannot be responsible. As a result, we explicitly disclaim any
responsibility for the accuracy, content, or availability of information found
on the Services or other websites that link to or from the Services. Please let
us know if you discover any inaccuracy in the Services content. As noted above,
we are not responsible for the conduct of the operators of third-party sites,
and we cannot ensure that you will be satisfied with any products or services
that you purchase from a third-party website that links to or from the Services
or third-party content on the Services. We do not endorse any of the
merchandise, nor have we taken any steps to confirm the accuracy or reliability
of, any of the information contained in such third-party sites or content. We do
not make any representations or warranties as to the security of any information
(including, without limitation, credit card and other personal information) you
might be requested to give any third-party, and you hereby irrevocably waive any
claim against us with respect to such sites and third-party content. We strongly
encourage you to make whatever investigation you feel necessary or appropriate
before proceeding with any online or offline transaction with any of these third
parties.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, NEITHER AXS NOR ANY OF ITS
PARENTS, AFFILIATES, SHAREHOLDERS, LICENSORS, SUPPLIERS, ADVERTISERS OR
SPONSORS, NOR OUR OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS, AGENTS
OR OTHER REPRESENTATIVES ("RELEASEES"), ARE OR WILL BE RESPONSIBLE OR LIABLE TO
YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR
LOSS OF BUSINESS, LOSS OF DATA OR LOST PROFITS), UNDER ANY CONTRACT, NEGLIGENCE,
STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO:
* THE SERVICES AND/OR MATERIALS CONTAINED ON THE SERVICES,
* ANY LINKED WEBSITESOR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SERVICES
(EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR
SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE).
* WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT AXS
SHALL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR:
* ANY FAILURE OF A USER TO CONFORM TO THE CODE OF CONDUCT OR THESE TERMS,
* PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING
IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE
SERVICES, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT,
OR REMEDY WHETHER OR NOT ARISING FROM OUR NEGLIGENCE,
* ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR THOSE OF OUR SERVICE
PROVIDER(S) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL
INFORMATION STORED THEREIN,
* ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES,
* ANY BUGS, VIRUSES, WORMS, DEFECTS, OR OTHER ITEMS OF A DESTRUCTIVE NATURE
WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY,
* ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY MATERIALS, OR FOR ANY
LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS
POSTED, EMAILED, TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE SERVICES,
* (ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A
TICKET; AND/OR
* ANY INCIDENT THAT OCCURS AT OR RELATED TO ANY EVENT FOR WHICH YOU PURCHASE
TICKETS THROUGH THESE SERVICES AND/OR OUR SITES.
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICES OR
MATERIALS OR ANY LINKED WEBSITES IS TO STOP USING THE SERVICES, MATERIALS, OR
THE LINKED WEBSITES, AS APPLICABLE. OUR MAXIMUM LIABILITY, AND YOUR SOLE AND
EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION,
WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR
OTHERWISE, SHALL BE $100 OR THE TOTAL AMOUNT AXS HAS RECEIVED FROM YOU IN THE
PAST SIX MONTHS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO
YOU.
You acknowledge that you may have or may in the future have claims against us
which you do not know or suspect to exist in your favor when you agreed to these
Terms and which if known, might materially affect your consent to these Terms.
You expressly waive all rights you may have under Section 1542 of the California
Civil Code, 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.IF THIS CLAUSE IS HELD TO BE UNENFORCEABLE IN WHOLE OR IN PART IN ANY
JURISDICTION DUE TO RELEVANT LAWS, THEN IN NO EVENT SHALL OUR OR THE RELEASEES’
TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT YOU HAVE PAID US OR THE RELEASEES
DURING THE SIX (6) MONTHS PRIOR TO THE INCIDENT. NOTHING IN THIS CLAUSE SHALL
LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM
NEGLIGENCE.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Releasees from and against
all liabilities, claims, damages, costs and expenses, including attorneys’ fees
arising out of: your use of the Services; any material you post, upload, e-mail
or otherwise transmit to or using the Services; or your violation, breach or
alleged violation or breach of these Terms.
LINKS/FRAMING
The Services contain links to other Internet websites. We provide such links for
your convenience only, and we are not responsible for the content in any website
linked to or from the Services. We disclaim all warranties, express or implied
as to the accuracy, legality, reliability or validity of any content on any
other such websites, and that such websites will be free of viruses or other
harmful elements. You may establish a hypertext link to the Services so long as
the link does not state or imply any sponsorship of your website by us. However,
you may not, without our prior written permission, frame or inline link any of
the content of the Services, or incorporate into another website or other
service any of our material, content or intellectual property.
PERMITTED USE OF MOBILE APPLICATION
Our Mobile App is protected by copyright and may not be sold, redistributed,
copied, made available to the public, or part of a derivative work created by
you without the express written consent of AXS. You may not attempt to
decompile, reverse engineer, disassemble or otherwise modify our Mobile App, or
in any way compromise the security of data stored or transmitted by our Mobile
App.
MOBILE DEVICES & THIRD-PARTY RESTRICTIONS
If you access our Services on mobile devices or in our Mobile App, you
understand that your mobile carrier’s standard charges will apply. When you
download our Mobile App, you will also be subject to any terms imposed by the
“store” through which you obtain the Mobile App, if any (e.g., the Apple App
Store, Google Play Store, or others).
Any Mobile app installed from the Apple App Store, Google Play Store, or other
app “store” must be installed on a device you control or own, and must be used
in accordance with any applicable terms from the Apple App Store or other store.
The following terms are required by Apple and are applicable if you install our
Mobile App from the Apple App Store:
AXS, not Apple, is responsible for:
* The content in the Mobile App;
* Maintenance or support of the Mobile App;
* Any product warranties, whether express or implied;
* Addressing any claims of the end-user or any third party relating to the
Mobile App or the end-user’s possession and/or use of that Licensed
Application, including, but not limited to: (a) product liability claims; (b)
any claim that the Mobile App fails to conform to any applicable legal or
regulatory requirement; and (c) claims arising under consumer protection or
similar legislation; and,
* The investigation, defense, settlement and discharge of any third-party claim
that the Mobile App or your possession and use of that Mobile App infringes a
third party’s intellectual property rights.
Further, if you install our Mobile App from the Apple App Store, you acknowledge
that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these
Terms of Use, and that, upon your acceptance of these Terms of Use, Apple will
have the right (and you will be deemed to have accepted the right) to enforce
the Terms of Use against you as a third-party beneficiary thereof.
DISPUTE RESOLUTION
(Not applicable to Quebec consumers) Any dispute arising out of or relating in
any way to your use of our Services or any products, services, or information
you receive through our Services, shall be submitted to confidential, binding
arbitration in Los Angeles, California, USA or, at your election, in the county
located within the USA in which you reside. The arbitrator's award shall be
final and binding and may be entered as a judgment in any court of competent
jurisdiction. No arbitration under these Terms of Use may be joined with another
arbitration related to the subject matter hereof. Notwithstanding the foregoing
arbitration requirement, with regard to any actual or potential violation of our
intellectual property rights, we may seek injunctive or other appropriate relief
in the courts of Los Angeles, California, USA and you hereby consent to the
exclusive jurisdiction of such courts and waive all objections thereto. We each
agree that any dispute resolution proceedings will be conducted only on an
individual basis and not in a class, consolidated or representative action. If
for any reason a claim proceeds in court rather than in arbitration, you waive
your right to bring or participate in a class action lawsuit and to the extent
enforceable by applicable law, we each waive any right to a jury trial.
* The following processes shall govern the arbitration process:
* Before commencing an arbitration, you agree to inform us of the nature of the
claim and the relief you seek by sending an email to legal@axs.com so
stating.
* Within seven (7) business days, AXS will contact you and thereafter you and
we will attempt to resolve the claim or issue in a satisfactory way.
* If, following these attempts at exploring a resolution, you intend to proceed
with an arbitration claim, you and we will seek to reach an agreement on the
selection of an arbitrator to hear and decide the dispute and how it will be
heard, including whether to submit the dispute to the arbitrator only in
written form, by proceedings conducted via video or in-person.
* In the event that you and we cannot agree on an arbitrator, the process set
forth in California Civil Code Section 1281.6 will be followed. That process
allows for a court to select an arbitrator.
GOVERNING LAW
(Not applicable to Quebec consumers) These Terms shall be governed by and
construed in accordance with the laws of the State of California and the United
States, without giving effect to any principles of conflicts of law. With the
exception of any matters subject to arbitration as described above, you agree
that any action at law or in equity arising out of or relating to these Terms
shall be filed only in the state or federal courts located in Los Angeles
County, California, and you hereby consent and submit to the personal
jurisdiction of such courts for the purposes of litigating any such action. If
any provision of these Terms shall be unlawful, void, or for any reason
unenforceable, then that provision shall be deemed severable from these Terms
and shall not affect the validity and enforceability of any remaining
provisions. This is the entire agreement between us relating to the subject
matter herein and shall not be modified except in writing, signed by both
parties.
For Quebec consumers: These Terms of Use and any dispute of any sort that might
arise between you and AXS shall be governed by the laws of the Province of
Quebec, without reference to its conflict of laws provisions, and the laws of
Canada applicable therein, and any disputes will be submitted to the courts of
competent jurisdiction of the District of Montreal (Quebec).
AMENDING THE TERMS OF USE
We may add to, change or remove any part of these Terms at any time, without
notice. Any changes to these Terms or any Terms shown on the Services apply as
soon as they are shown. By continuing to use the Services after any changes are
posted, you are indicating your acceptance of those changes. It is therefore
your responsibility to check these Terms each time you use the Services, so that
you can take note of any amendments we may make. We may add, change,
discontinue, remove or suspend any other content displayed on the Services,
including features and specifications of products and services described or
depicted on the Services, temporarily or permanently, at any time, without
notice and without liability.
MISCELLANEOUS
Any waiver of any provision of these Terms must be in writing, and must be
signed by the party waiving its rights in order to be valid. A waiver of any
provision hereunder shall not operate as a waiver of any other provision, or a
continuing waiver of the same provision in the future. If any court of competent
jurisdiction finds any provision of these Terms to be void or unenforceable for
any reason then such provision shall be ineffective to the extent of the court’s
finding without affecting the validity and enforceability of any remaining
provisions. These Terms represent the entire understanding and agreement between
the parties relating to the subject matter herein and supersede any and all
prior statements, understandings or agreements whether oral or written, and
shall not be modified except in writing, signed by you and us.
WIRELESS
Billing/Pricing: You will only receive the Services and other event related text
alerts when you request or otherwise agree to receive them. Standard/other text
messaging rates apply, according to your individual rate plan provided by your
wireless carrier. Check with your wireless carrier or review the terms of your
wireless plan for details. Under no circumstances will the Releasees be
responsible for any text messaging or wireless charges incurred by you or by a
person that has access to your wireless device or telephone number as a result
of a promotion.
Wireless plans, supported mobile providers, coverage, pricing and billing are
not within our control and are subject to change. Please check with your local
mobile provider for full details.
Supported Carriers: The following carriers are supported for text alerts:
Alltel, Boost Mobile, Cingular Blue (AT&T), Cingular Orange (Cingular), Dobson
Cellular, Sprint/Nextel, T-Mobile, US Cellular, Verizon Wireless, and Virgin
Mobile. Pre-paid phones or calling plans may not be supported. The foregoing
carriers are supported within the United States and may be supported in Canada.
Wireless plans, supported carriers, coverage, pricing and billing are not within
our control and are subject to change. Please check with your local carrier for
full details.
Frequency of Messages: When tickets to the event you requested or events similar
to such event go on sale to the general public, you may be sent a text alert.
You can opt out of any future text alerts, if any, after receiving a text alert
by replying with the text "STOP" to such text alert or sending the text "STOP"
to the shortcode. If you text "STOP" to the shortcode, you will not receive
important text messages including advance notice of ticket sales for any future
events. We will make every attempt to remove your phone number from our text
database as soon as possible, but please allow up to five (5) business days. If
your carrier does not permit text alerts, you may not receive our text alerts.
You understand, acknowledge and agree that we or our service providers may, at
its our or their discretion and without liability to you, terminate an offer of
text alerts at any time without advance notice. These conditions of use are
written in conjunction with the service provider’s additional terms of use and
registration policies, and are governed by the laws of the State of California.
The Services are operated from the United States, and should not be accessed
from any location where it would violate local laws to do so. Recognizing the
global nature of the Internet, you agree to comply with all local rules
regarding online conduct. Specifically, you agree to comply with all applicable
laws regarding the transmission of data exported from the United States or the
country in which you reside.
NOTICES
Unless otherwise provided for herein, all notices regarding any matter
pertaining to this Agreement, or the policies referenced herein, including any
notice of claim, summons or subpoena will be given by first class mail or
courier, postage or air bill prepaid, and sent to: AXS Group LLC, 425 West
11thStreet, Suite 100, Los Angeles, CA 90015, Attention: Legal Department.
Notice will be deemed effective three (3) days after deposit with the United
States Postal Service or courier. In addition, Flash Seats may provide notice to
you by either email or Certified Mail, postage prepaid and return receipt
requested, sent to the physical or email address you provided us during any
transaction conducted with us. Notice will be deemed effective twenty-four (24)
hours after the sending of an email (unless returned due to an invalid email
address) or three (3) days after mailing.
NOTICE OF COPYRIGHT INFRINGEMENT
If you are a copyright owner who believes your copyrighted material has been
reproduced, posted or distributed via the Services in a manner that constitutes
copyright infringement, please inform us by sending written notice to AXS at
address or email set forth below. The notice should comply with the Digital
Millennium Copyright Act (and international intellectual property law, where
applicable), and include, among other things, the following information as set
forth in the Digital Millennium Copyright Act, 17 U.S.C. § 512 (c)(3)(A).
* A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
* Identification of the copyrighted work you claim is being infringed, or, if
you want to cover multiple copyrighted works in a single notice, a
representative list of such works.
* Identification of the material that you claim is infringing or is the subject
of infringing activity and that you believe should be removed or access to
which should be disabled, with information reasonably sufficient to permit us
to locate the material.
* Information reasonably sufficient to permit us to contact you, such as an
address, telephone number and, if available, an electronic mail address at
which you may be contacted.
* A statement that you have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or
the law.
Please send notifications of infringement by email to our Copyright Agent
at legal@axs.com or send them by mail to the address below.
CONTACT INFORMATION
If you have any questions regarding these Terms of Use, please contact us
at guestservices@axs.comor by mail at:
AXS Group LLC
425 West 11thStreet, Suite 100
Los Angeles, CA 90015
Attn: Legal
888.929.7849
Notice for California Users. Under California Civil Code Section 1789.3,
Services users are entitled to the following specific consumer rights notice:
The Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs may be contacted in writing at 1625
North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or
(800) 952-5210.
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