Terms & Service
TERMS AND CONDITIONS
BASIC INFORMATION
Last Updated July 15, 2022
(Contains legal information, including the terms and conditions applicable to the Site. Please read this carefully.)
This LutherVandross.com website is hosted and operated on behalf of the artist (“Artist”) by Teddy Pendergrass Estate.. The terms “we”, “us” or “our” refer to Teddy Pendergrass Estate.. The terms “you” and “your” refer to you, as the user of the Site. The term “person” shall also be construed to include an entity/entities.
Teddy Pendergrass Estate. provides access to this website (the “Site” or the “website”) and any related services provided hereon, including forums and chat rooms (the “Teddy Pendergrass Estate.. “) subject to your compliance with the following terms and conditions. These terms and conditions constitute an agreement between you and Teddy Pendergrass Estate. (“Agreement” or the “Terms and Conditions”) that governs the relationship between you and Teddy Pendergrass Estate.. with respect to your use of the Site and the Teddy Pendergrass Estate. online services. Thus, it is important that you read carefully and understand these Terms and Conditions.
TRADEMARK AND COPYRIGHT INFORMATION
All material on the Site, including, but not limited to, text, data, graphics, logos, button icons, images, audio clips, video clips, links, digital downloads, data compilations, and software are owned, controlled by, or licensed to Teddy Pendergrass Estate. and are protected by copyright, trademark, and other intellectual property rights. Material on the Site is made available solely for your personal, non-commercial use and may not be copied, reproduced, republished, modified, uploaded, posted, transmitted, or distributed in any way, including by e-mail or other electronic means, without the express prior written consent of Teddy Pendergrass Estate. and the copyright owner in each instance. You may download material intentionally made available for downloading from the Site for your personal, non-commercial use only, provided that you keep intact any and all copyright and other proprietary notices that may appear on such materials.
CODE OF CONDUCT
The following rules, policies, and disclaimers shall govern and/or apply to your use of the Teddy Pendergrass Estate. Online Services on the Site (including, without limitation, any bulletin boards, chat rooms, or other online services provided on this website).
We do not review every message, nor do we confirm the accuracy or validity of information posted. We do not actively monitor the contents of the postings, nor are we responsible for the content of any postings. We do not vouch for, nor do we warrant the validity, accuracy, completeness, or usefulness of any message or information posted. The contents of the postings do not represent the views of Teddy Pendergrass Estate.., its licensors, or any person or property associated with Teddy Pendergrass Estate., the Teddy Pendergrass Estate. Online Services, the Site, or any other website in the Teddy Pendergrass Estate. family of websites. If you feel that any posting is objectionable, we encourage you to contact us by email. We will make every effort to remove objectionable content if we deem removal to be warranted. Please understand that removal or editing of any posting is a manual process and might not occur immediately.
You agree, by using the Site or the Teddy Pendergrass Estate. Online Services, that: (1) you will not use the Site or any of the Teddy Pendergrass Estate. Online Services to post any material that is knowingly false and/or defamatory, inaccurate, abusive, vulgar, obscene, profane, hateful, harassing, sexually oriented, threatening, invasive of one’s privacy, or otherwise in violation of any law; (2) you will not restrict or inhibit any other user from using and enjoying the Site or any of the Teddy Pendergrass Estate. Online Services provided hereon (including, by way of example, by means of hacking or defacement); (3) you will not post any content that infringes the rights of a third party, including, without limitation, copyrights, trademarks, patents, trade secrets, rights of privacy and publicity; (4) you will not post or transmit any information or software that contains a virus, worm, trojan horse or other harmful, disruptive, or deleterious component; (5) you will not utilize any bot, spider, site search/retrieval application, or any other manual or automated technique to scrape, index, data mine, etc., or in any way reproduce or circumvent the navigational structure or presentation of the Site, the Teddy Pendergrass Estate. Online Services, or the contents of such website or services; and (7) you will not impersonate any other individual or entity in connection with your use of the Site or any of the Teddy Pendergrass Estate. Online Services.
Although we cannot and do not review all posted messages, we reserve the right to remove (or not) any message for any (or no) reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless Teddy Pendergrass Estate. and their agents with respect to any claim based upon the transmission of your message(s) and/or posting(s). Posting of advertisements, chain letters, pyramid schemes, solicitations, and the like, are inappropriate and forbidden on the Teddy Pendergrass Estate. websites and any related Teddy Pendergrass Estate. Online Services (including bulletin boards and chat rooms).
WARRANTY DISCLAIMER
Teddy Pendergrass Estate. has provided links and pointers to Internet sites maintained by third parties (“Third-Party Sites”) and may, from time to time, provide third party materials on the Site. In addition, links and pointers to Third-Party Sites may be posted on forums or chat rooms. Neither Teddy Pendergrass Estate., its parent or their respective affiliates, nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf operate or control in any respect any information, products, or services on these Third-Party Sites. The materials in the Site, the Teddy Pendergrass Estate. online services and the Third-Party Sites are provided “as is” and “as available” with no representations or warranties of any kind, either express or implied, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of the Site, the Teddy Pendergrass Estate. online services and the Third-Party Sites.
Teddy Pendergrass Estate.., its affiliates, and its sponsors and Artist, its agents, affiliates, representatives, record label, or others working on its behalf are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or other damages arising out of or relating in any way to the Site, your use of the Site, the Teddy Pendergrass Estate. online services, or any Third-Party Sites. Your sole remedy for dissatisfaction with the Site, the Teddy Pendergrass Estate. online services, and/or any Third-Party Sites is to stop using the website(s) concerned and/or those services. Neither Teddy Pendergrass Estate. nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf warrant that the functions contained in the Site, the Teddy Pendergrass Estate. online services and/or any Third-Party Sites will be uninterrupted or error-free, that defects will be corrected, or that the Site or any Third-Party Sites, or the servers that make them available, are or will be free of viruses or other harmful components. Neither Teddy Pendergrass Estate. nor Artist, its agents, affiliates, representatives, record label, or others working on its behalf warrant or make any representations regarding the use or the results of the use of the materials on the Site, the Teddy Pendergrass Estate. online services, or any Third-Party Sites in terms of their correctness, accuracy, timeliness, reliability, or otherwise.
For the avoidance of doubt, neither Teddy Pendergrass Estate. nor artist, its agents, affiliates, representatives, record label, or others working on its behalf make any representations or warranties regarding how often the materials or information posted on the Site will be updated (if at all) or the number or identification of the recording artists or other individuals (if any) that will be featured on the Site.
ACCESS FROM OUTSIDE THE UNITED STATES
The site is hosted and managed in the United States. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
VOID WHERE PROHIBITED
Although this Site may be accessible worldwide, not all products or services discussed or referenced on the Site are available to all persons or in all geographic locations. Teddy Pendergrass Estate. reserves the right to limit, in its sole discretion, the provision and quantity of any product or service to any person or geographic area it so desires. Any offer for any product or service made in the Site is void where prohibited.
MAKING PURCHASES
Some aspects of the Site may require you to pay a fee, the details of which are available in various areas of the Site that feature the ability to purchase products, features or services. If you wish to purchase products, features, or services described on the Site, you may be asked to supply certain information including credit card or other payment information. You agree that all information that you provide will be accurate, complete, and current. You agree to pay all charges, including shipping and handling charges, incurred by users of your credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases.
FORUMS AND USER CONTENT
We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, “Forums”), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site (“User Content”).
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent’s or legal guardian’s express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
You will be responsible for your User Content and the consequences of posting it. By submitting User Content, you represent to us that (i) you own, or have the necessary permission to submit the User Content and to grant the licenses to us under this section, and (ii) you have the written permission of every identifiable person in the User Content to use that person’s name and likeness in the manner contemplated by the Site and these Terms or, if the person is a minor, the written permission of the minor’s parent or legal guardian.
We will have the right (but not the obligation) to monitor the Site, the Forums and the User Content, and to disclose any User Content and the circumstances surrounding its submission in order to operate the Site properly, or to protect ourselves, our sponsors and our users, or to comply with legal obligations or governmental requests.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
LICENSE TO Teddy Pendergrass Estate.
By posting messages, uploading files, inputting data, or engaging in any other form of communication through the Site, you agree to (A) grant to Teddy Pendergrass Estate. its successors, licensees and assigns a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to: (1) use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication; and (2) sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication, in each case including the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction, (B) absolutely and irrevocably waive in favor of Teddy Pendergrass Estate. and its successors, licensees and assigns, all moral rights in respect of any such communications, and (C) execute and deliver such further documents and do such further acts and things as Teddy Pendergrass Estate. may request for the purpose of giving effect to the foregoing.
DMCA
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any content on the Site infringes your copyright, you may send us a notice requesting that the content be removed. If properly notified, we will promptly remove materials from the Site in accordance with the DMCA. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with a written notice containing the following information:
Your name, address, telephone number, and email address (if any).
A description of the copyrighted work that you claim has been infringed.
A description of where on the Site the material that you claim is infringing may be found, sufficient for us to locate the material (e.g., the URL).
A statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law.
A statement by you UNDER PENALTY OF PERJURY that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your electronic or physical signature.
Please submit this information our designated DMCA agent at:
DMCA Agent
Teddy Pendergrass Estate.
c/o Robert Dippold
Email: info@luthervandross.com
Phone 212-661-6990
Failure to include all of the above information, especially specific information about where infringing content may be found, will result in a delay in the processing of your DMCA notification and may result in your having to repeat some or all of the above process. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
GENERAL PRACTICE & LIMITS
You also acknowledge that the Site may establish general practices and limits concerning use of the Site, including without limitation, limiting the maximum number of days that email messages, message board postings or other uploaded content will be retained by the Site, the maximum number of email messages that may be sent from or received by an account on the Site, the maximum size of any email message that may be sent from or received by an account on the Site, the maximum disk space that will be allotted on the Site servers on your behalf, the maximum length of time that an IP address will be assigned for your use, the maximum throughput of traffic from the Internet or associated service (e.g., Usenet, email, web hosting), and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that the Site has no responsibility or liability for the deletion, for failure to store or to deliver any messages and other communications, for the modification or malformation of data communications over the Site, or for other content maintained or transmitted by the Site. You acknowledge that the Site reserves the right to log off accounts that are, or disconnect a session that is, inactive for an extended period of time. You further acknowledge that the Site reserves the right to change these general practices and limits at any time without advanced notice.
PERSONAL INFORMATION
Personally identifiable information relating to you collected on the Site or the Teddy Pendergrass Estate. will be collected, used, maintained and disclosed in accordance with this Privacy Policy
LIMITATION OF LIABILITY
Except in jurisdictions where such provisions are restricted, in no event will the Site or Teddy Pendergrass Estate. be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, even if the Site or Teddy Pendergrass Estate. has been advised of the possibility of damages. This disclaimer of liability applies to any and all damages or injury from any cause. These include, without limitation, damages or injury caused by failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.
INDEMNIFICATION
Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless Teddy Pendergrass Estate., Artist, its record label, and their respective affiliated companies, officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable legal fees, resulting from any violation by you of these Terms and Conditions. Teddy Pendergrass Estate. and Artist reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you.
LITIGATION ISSUES
These terms and conditions are entered into in the State of California and shall be governed by, and construed in accordance with, the laws of the State of California and the laws of the United States of America applicable therein. You agree to submit to the non-exclusive jurisdiction of the courts of the State of California. You agree and acknowledge that your use of the Site, and all transactions occurring in connection with the Site, shall be deemed to have occurred and taken place solely in the State of California, United States of America. You further agree as follows: (i) any claim brought to enforce these terms and conditions must be commenced within two (2) years of the cause of action accruing; (ii) no recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees; and (iii) any claim must be brought individually and not consolidated as part of a group or class action complaint.
MISCELLANEOUS
In the event that any of the provisions of these terms and conditions are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these terms and conditions shall otherwise remain in full force and effect. These terms do not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us. If any provision of these terms is found to be unenforceable, that provision will not affect the validity and enforceability of any other provision. You may not assign, transfer or sublicense any or all of your rights or obligations under this Agreement without our express prior written consent. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default. This Agreement hereby incorporates by this reference any additional terms that we post on the Site (including, without limitation, our Privacy Policy) and, except as otherwise expressly stated herein, this Agreement is the entire Agreement between you and us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and us relating to such subject matter. Notices to you may be made via posting to the Site, by e-mail or by regular mail, in our discretion. We may also provide notice of changes to this Agreement or other matters by displaying such notices or by providing links to such notices. You agree that a printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. We will not be responsible for failure to fulfill any obligation due to causes beyond our control. Except as expressly set forth in the following sentence, nothing in this Agreement, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties and the respective successors or permitted assigns of the parties, any rights, remedies, obligations or liabilities. Notwithstanding the previous sentence, you agree that our Affiliates and our and their respective Artists, Representatives and those Providers who are content owners and service providers from whom we have obtained a license or other rights to use their content and services, as applicable, in connection with the Site) are third-party beneficiaries under this Agreement with the right to enforce the provisions of this Agreement that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third party.
Teddy Pendergrass Estate. may modify these terms and conditions from time to time. You agree to be bound to the modifications and should therefore periodically visit this page to review the current terms and conditions to which you are bound.
GENERAL CONTEST RULES
Except to the extent set forth in the specific rules for a particular contest, these general contest rules will apply to all contests (“Contests”) conducted through the Site. To the extent that the specific rules for a particular Contest differ from these general Contest rules, the specific rules for that particular Contest will govern and control the conduct of such Contest.
Contests are subject to all applicable laws and regulations and are void where prohibited. Odds of winning depend upon the how the Contest is conducted. For random drawings, the odds of winning will depend upon the number of entries received.
The Contest holder (“Sponsor”) and its respective employees, affiliates and subsidiaries, advertising and promotional agencies, suppliers of prizes, material and services related to the Contest shall be referred to collectively as “Sponsor and its Agents.”
Unless otherwise specified, each Contest entrant must be 18 years of age or older at the time of entry, and a legal resident of where the contest if offered and possessions and where prohibited by law.
Sponsor and its Agents reserve the right to cancel or modify the Contest if fraud, technical failures, or any other factor impairs the integrity of the Contest, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) award the prizes at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation. Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process and to cancel, terminate, modify and/or suspend the Contest in the event of tampering or other circumstances, including but not limited to acts of God or civil disturbance that render it impractical or impossible to complete or fulfill the Contest as originally planned. By entering, you: (a) agree to release the Sponsor and its Agents from all liability, injuries, loss and/or damage of any kind arising from your participation in the Contest and the acceptance, possession and use/misuse of any prize; (b) agree to be bound by these Official Rules and the decisions of Sponsor and its Agents; and (c) give your express permission to be contacted by Sponsor and its Agents by email, mail or phone. By submitting an entry, you further consent to the use of your name, address, image, voice, likeness, statements, biographical material, as well as any additional photographic images, video images, portraits, interviews or other materials relating to you and arising out of your participation in the Contest (with or without using your name) in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from you or any other party (except if winner is a resident a jurisdiction where otherwise prohibited by law). If you are selected as a winner, prior to receiving the prize, you must agree to sign an affidavit to such effect, unless the winner is a resident of a jurisdiction where prohibited by law. Each winner is responsible for all federal, state and local taxes applicable to the acceptance and use of his/her prize. All applicable federal, state and local laws and regulations apply. The Contest is governed by laws of where the contest is offered and all claims must be resolved in where the contest if offered. You further agree that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prizes awarded shall be resolved individually without resort to any form of class action, and must be settled by binding final arbitration to be held in Germany, before a single arbitrator, pursuant to the commercial arbitration rules of JAMS, and governed exclusively by the laws of Germany. Should any of the provisions of the Contest rules be found to be invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Contest rules shall remain in full force and effect. The failure of Sponsor and its Agents to enforce any term of these rules shall not constitute a waiver of that provision.
You release, and agree to indemnify and hold harmless, Sponsor and its Agents, and their respective officers, directors, employees and agents (the “Released Parties”) from and against all claims (known and unknown), liabilities, injuries, death, loss and/or damages of any kind arising from your participation in the Contest or the acceptance, possession or use or misuse of the prize. You assume all risks associated with the Contest or use or misuse of the prize, and you agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses.
ORDERS FOR PRODUCTS AND SERVICES
We may make certain products available to visitors and registrants of the Site. You may only do so if, and you hereby represent and warrant that you are 18 years old or older. You agree to pay in full the prices for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to us. You agree to pay all applicable taxes. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. We reserve the right to cancel any order for any reason.
THIRD PARTY WEBSITES
You may be linked from the Site to third party websites (“Linked Sites”). For example, you may purchase products, some of which may be Artist products, on or though Linked Sites. You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites. Links to Linked Sites do not constitute an endorsement by us of such websites or the information, content, products, services, advertising, code, legal compliance, or other materials presented on or through such websites.
EMAIL MESSAGING.
We use https://www.mailerlite.com as our email messaging platform, a US firm that is EU/Swiss Privacy-Shield Certified. By subscribing to our email newsletter updates, the information you provide will be transferred to Mailer lite in accordance with their privacy policy. https://www.mailerlite.com/legal/privacy-policy Your data is secure, will not be shared with others, and in every newsletter email we send to you we include a link allowing you to opt-out and/or request removal of all your data.
ETC
Copyright Teddy Pendergrass Estate., its suppliers, or licensors. All rights reserved.
FAN CLUB MEMBERSHIP AND EVENT TICKET PURCHASES
Where applicable, fan club membership may be required to purchase certain tickets offered via the Site. You may join the fan club by creating a Member Account on the Site through our online registration process and paying the appropriate fees. In creating a Member Account, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site’s registration process (such information being the “Registration Data”) and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Unless otherwise stated, memberships are for one year. We may change the terms of membership, including the fees, if you renew your membership. We will grant only one membership per person. If we determine that a single person or entity has joined (or attempted to join) more than once, or if we receive multiple membership applications from a single and/or cluster of e-mail addresses verified to single person or entity, or if we suspect “ticket scalping” or other improper behavior, we may cancel all applicable memberships and invalidate any tickets purchase via the membership(s).
We may offer certain tickets or ticket packages as a benefit to fan club members. Tickets purchased on our Site are typically subject to a per ticket service fee and a non-refundable per order processing fee. In many cases, delivery prices will also be owed. You may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.
We reserve the right at any time to suspend, modify or discontinue, temporarily or permanently, any portion of the Site or the club with or without prior notice. You agree that we will not be liable to you or to any third party for any suspension, modification or discontinuance.
We expressly reserves the right to immediately modify, suspend or terminate your account and refuse current or future use of any Site service, including clubs in the following situations: (a) if we in our sole discretion believe you have violated or tried to violate the rights of others; or (b) if we become aware of information indicating a safety concern for you, other Site users, or the general public, or (c) if we in our sole discretion, believe that you have acted inconsistently with the spirit or letter of the Terms of Service. Artist clubs and their benefits are offered at our discretion, and we have the right to modify or discontinue, temporarily or permanently, the Artist club service, in whole or in part for any reason, at its sole discretion, with or without notice to you. You agree that we will not be liable to you or any third party for any modifications or discontinuance of the Artist club service.
We, in our sole and absolute discretion, may terminate your access to the Site or your account for any reason, including, without limitation, your breach of these Terms, with or without notice to you and without liability to you or any third party. Upon such termination, we: (i) may immediately deactivate or delete your account and all related information and files in such accounts and/or bar any further access to such account or files, without liability to you or any third party for doing so or (ii) will not refund your membership or any other fees you have paid to the club. Orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order and may sell your tickets to another customer without further notice.
If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
Different combinations of delivery methods may be offered, depending on factors that include the venue or country where the event is to be held, the country in which you live, how much time is left before the event starts, and the nature of the demand for the event. Please carefully review the list of delivery methods offered. For security purposes, we can only ship tickets to the billing address on file with the credit card company that is used for your purchase.
Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.
Before purchasing tickets, carefully review your selections. We will not issue exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.
Occasionally, concerts are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that concert. For instructions on any canceled or postponed concert, please check the concert information online or contact us. If the event was moved or rescheduled, we may be able to substitute tickets with comparable or better seat locations at our discretion. Please contact us for more information if you cannot attend the rescheduled event.
You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you agree not contact to us seeking a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek “chargebacks” from your credit card company. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons or entities in whose name the credit card accounts exist and any person/entity who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
If we are able to issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. Delivery charges or any other amounts will not be refunded. If a refund is issued, it will be issued via the same method of payment used to purchase the tickets. We will not be liable for travel or any other expenses incurred in connection with a canceled or postponed event.
If the amount you pay for a ticket is incorrect, whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been for sale, then we have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of human error or a transactional malfunction.
Event providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly or who fails to comply with event provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
You understand that the event for which you purchase tickets is a public event, that your appearance and actions at the venue are public in nature, and that you have no expectation of privacy at the event. You hereby grant permission to the event provider(s) to utilize your name, image, likeness, acts, appearance, movements, and statements in any live or recorded 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 performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
You and your belongings may be searched upon entering the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or compensation. Under certain venue rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, and containers. Verify with the venue before your event.
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 we are not responsible for providing legal advice regarding resale or pricing of tickets. You are solely responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to any person or entity that we determine to be, or has been, in violation of our policies. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.
