We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of the Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use the Site, after that date, you agree to the changes.
1. TYPES OF INFORMATION THAT MAY BE COLLECTED
We may collect the following types of information:
2. METHODS THAT MAY BE USED TO COLLECT INFORMATION
Information may be collected about you or from you in all parts of and all aspects of the Website, including but not limited to the following:
We may also use web beacons or other technologies. A web beacon (also known as "action tags", "tracer tags", or "single-pixel gifs") is an invisible graphic on a web page that is programmed to collect non-PII about your use of a given website. We do not share or provide PII we may collect through such web beacons, such as names, e-mail addresses and phone numbers without your express permission. We may also use locally stored objects to store data about your use of our Website. Locally stored objects are a feature that permits websites to store data on your computer but not in a cookie.
We may partner with third-party advertising companies who may utilize cookies, web beacons or other technologies to provide advertisements about our goods and services that may be of interest to you or to serve advertisements on our Website. These third parties may use these technologies to collect information about you when you use the Website. They may collect information about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based advertising or other targeted content. They may use persistent identifiers to anonymously track your Internet usage across other websites in their networks beyond the Website. Such third parties may, with sufficient data from other sources, be able to personally identify you, unknown to us. For information about how we share your personal information with service providers, please see "Sharing of the Information" section below.
To learn more about the use of this information or to choose not to have this information used by our third party advertising partners by opting out, please visit the Network Advertising Initiative by clicking http://www.networkadvertising.org/managing/opt_out.asp.
Some content or applications, including advertisements, on the Website are served by unaffiliated third parties. We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.
4. USE OF THE INFORMATION COLLECTED
We own the information collected on or through the Website. As applicable, the information you provide to us or is collected on or through the Website may be used to:
5. SHARING OF THE INFORMATION
At times, as described below, we may share your personally identifiable information with others for various purposes:
6. A NOTE TO PARENTS REGARDING PRIVACY
The Website is a general audience website. On the Website, we do not currently knowingly collect any personally identifiable information from children under the age of thirteen or currently knowingly target or solicit users under the age of thirteen.
7. REVISING PERSONALLY IDENTIFIABLE INFORMATION
If your personally identifiable information changes (such as your email address or zip code), or if you no longer want to have access to the Website, we will endeavor to provide a way to correct, update or remove the personal data you have provided to us. You may request that we do so by emailing us at [[email protected]], signing into your online account and making the desired changes.
8. YOUR CALIFORNIA PRIVACY RIGHTS
California law permits users who are California residents to request certain information regarding LUNATIX's disclosure of their PII to third parties for their direct marketing purposes. To make such a request, please send an e-mail to [email protected], specifying that you seek your "California Customer Choice Notice." Please allow thirty days for a response.
The Website incorporates reasonable safeguards to protect the security and privacy of the personally identifiable information that we may collect and we have put into place reasonable precautions to protect such information from loss, misuse and alteration. Our security policies are reviewed periodically and revised as required.
10. DATA RETENTION
11. FORUMS, COMMENTING AND MESSAGE BOARDS
The Website may make forums, commenting and message boards available to you and other users. You are not required to provide any personally identifiable information when using such functions or areas of the Website but you may choose to do so. If you post personally identifiable information online, it will be publicly available and you may receive unsolicited messages from third parties. By using the commenting features of the Website, you acknowledge that your user name and location information will be disclosed. We cannot ensure the security of any information you choose to make public in a forum, comment or message board. Also, we cannot ensure that parties who have access to such publicly available information will respect your privacy. Please exercise caution when deciding to disclose any information, especially personally identifiable information, in these areas. To request removal of your personally identifiable information from our forum, comment, or message board, contact us at [email protected] In some cases, we may not be able to remove your personally identifiable information from such forum, comment, or message board.
12. LINKS TO OTHER WEBSITES
13. GOVERNING LAW
LUNATIX, Inc. ("LUNATIX") IS PLEASED TO OFFER YOU ACCESS TO OUR SERVICES ON THE FOLLOWING TERMS:
1. Introduction to LUNATIX Forward Markets.
Before considering the legal terms in the sections below, we wish to tell you about our marketplace. LUNATIX provides a platform where fans can purchase, bid and sell reservations (“Reservations”) for a Game (a “Game”). The rights to attend the Game represented by Reservations and other instruments are granted by the underlying rights holders who are responsible for providing the tickets to Games. We simply provide an independent marketplace where interested buyers and sellers can meet to transact at prices established by them in a fair and open market. We are not responsible for matters outside our reasonable control including, without limitation, cancellation, postponement or interruption of the Game, unauthorized use of a credit card, or credit card fraud, or the personal safety of fans or audiences attending the Game. A Reservation is an instrument which: (i) gives the holder the right to purchase a ticket to the Game, the occurrence of which may be known or is contingent upon one or more factors and (ii) obligates the holder to purchase the ticket if the Game is scheduled to occur. The price of a Reservation is separate from and in addition to the price a holder will have to pay for the underlying ticket if the Game is scheduled to occur. If the Game does not occur, including, without limitation, if the conditions for a contingent Game are not satisfied, then the holder will not be entitled to a refund of the Reservation price.
2. Ticket Possession
In the event the Game does occur, all customers with a reservation on the Game will be obligated to purchase the ticket(s) to the Game as set forth in their reservation. LUNATIX acquires those ticket(s) in various ways, and IN SOME CASES, LUNATIX, DOES NOT HAVE POSSESSION OF THE TICKET, HAS NO CONTRACT TO OBTAIN THE OFFERED TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION OF THE TICKET OR FROM A PERSON WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICKET. LUNATIX WILL SUPPLY THE TICKET REGARDLESS OF ACTUAL POSSESSION. IN THE EVENT LUNATIX IS UNABLE TO SUPPLY THE TICKET(S), LUNATIX SHALL REFUND ANY MONIES PAID BY THE CONSUMER WITHIN TEN BUSINESS DAYS.
3. User Eligibility.
The LUNATIX marketplace is available only to individuals who satisfy verification and are 18 years of age or older or who have reached the age of majority to form legally binding contracts under applicable law. Without limiting the foregoing, the Services are not available to minors or to suspended or terminated users. If you do not qualify, please do not use the Services.
4. Transaction Fees and Listings.
You can view our listings of available Reservations free of charge without registering. In order to buy, sell, or bid on any of our Reservations, or submit user submissions, you must register with LUNATIX and satisfy verification. The buyer and seller of a Reservation on our system (respectively "Buyer" and "Seller") each pay a transaction fee. Please see our FAQ section to view the fees for each market. The transaction fee paid by the Seller is deducted from the proceeds of sale. The transaction fee paid by the Buyer is added to the cost of the transaction and is clearly stated before the transaction takes place. When you place an order you have an opportunity to review and accept the transaction price and fee that you will be charged in the event of a transaction. We may in our sole discretion change, remove or suspend some or all of our Reservation listings or Services and the fees we charge at any time. In the event we introduce a new Reservation listing or Service, these fees are applicable (unless specifically stated otherwise) for that Reservation or Service and are effective at its launch. Unless otherwise stated, all fees for transactions are quoted in US Dollars. You are responsible for paying all fees associated with using our service and the Website and any applicable taxes.
5. The Role of LUNATIX.
LUNATIX Marketplace. The LUNATIX Marketplace, through its electronic registration of Reservations offered on our marketplace, stands responsible for the authenticity of Reservations registered on the LUNATIX marketplace. Where delivery of a Reservation listing is refused, prevented, hindered, delayed or otherwise made impractical beyond LUNATIX's reasonable control and such occurrence cannot be overcome by reasonable diligence and without unusual expense, LUNATIX shall be excused from delivery and have the right, but not the obligation, to compensate the Reservation holder at the close of the market with a payment equal to 125% of the average trading price of the last ten trades immediately prior to the market closing for that Reservation marketplace. Notwithstanding the foregoing, in no event shall LUNATIX refund a user less than what they paid for the Reservation should delivery of the tickets not occur.
6. Grant of License.
As discussed above, LUNATIX acts as a marketplace only to allow Real Fan ™ Buyers and Sellers to interact regarding listings of Reservations. The submission and confirmation of orders are transactions between Buyers and Sellers only. If you have a dispute with one or more parties or registered users, you release LUNATIX and all affiliated companies, officers, directors, agents, parents, subsidiaries, legal representatives and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute.
IN NO EVENT SHALL LUNATIX BE LIABLE FOR EVENT CANCELLATIONS, POSTPONEMENTS OR INTERRUPTIONS, FOR UNAUTHORIZED USE OF A CREDIT CARD OR CREDIT CARD FRAUD, FOR THE PERSONAL SAFETY OF FANS OR AUDIENCES ATTENDING AN EVENT OR FOR OTHER MATTERS OUTSIDE OUR CONTROL. THE WEBSITE/S SELL SECONDARY TICKETS. THE PRICE OF SUCH TICKET OFFERED FOR SALE MAY EXCEED THE ESTABLISHED PRICE. LUNATIX MAY NOT HAVE POSSESSION OF THE TICKET, MAY NOT HAVE A CONTRACT TO OBTAIN THE OFFERED TICKET AT A CERTAIN PRICE FROM A PERSON IN POSSESSION OF THE TICKET OR FROM A PERSON WHO HAS A CONTRACTUAL RIGHT TO OBTAIN SUCH TICKET, AND MAY NOT BE ABLE TO SUPPLY THE TICKET AT THE CONTRACTED PRICE OR RANGE OF PRICES.
8. Making a Bid and Buying.
There are two methods of purchasing a Reservation, either buying it outright at its offered price or making a bid. In either case, you agree to be bound by the terms and conditions in this User Agreement. Since all prices for Reservations are quoted in US Dollars, foreign purchasers bear the risk of currency fluctuation between the date of your purchase and the date your charges are converted to your home currency in accordance with the policy of your credit card company.
Buying Outright. Prior to executing a final purchase you will be asked to confirm your intent to purchase. Upon confirmation of a purchase, LUNATIX will charge the Buyer's account or credit card for the sale price of the Reservation, transaction fee and any taxes. Such confirmed purchase shall be final and cannot be cancelled.
Bid. Bids are final and may not be retracted unless you follow and otherwise comply with the instructions on the Website under FAQ to cancel or modify (if applicable) a bid. Before purchasing a Reservation by making a bid, you will need to fund your account using a major credit card with sufficient funds to cover your bid should it transact. Subject to our withdrawal policy, you may withdraw such amounts at any time after you withdraw your bid (if not already matched) in accordance with the instructions on the Website under FAQ. When you post a bid that is later matched with an offer-to-sell, the purchase will occur at the time of matching, and the bidder's account will be charged at that time. Although you will be asked to confirm your bid when it is placed, no separate confirmation will be sought when your bid is matched. You acknowledge that if your bid is accepted, you will be required to pay the price for the Reservation and related transaction fees as posted in the marketplace.
If you fail to pay any amounts owed under this Agreement, you agree to reimburse LUNATIX for any collection costs or other associated fees and expenses incurred in collecting such amounts.
9. Making an Offer and Selling.
If you post a Reservation on our marketplace and receive at least one bid or offer to purchase your Reservation at or above your posted offer-to-sell price, the transaction with that bidder will happen immediately upon matching with the bid or offer to purchase; you may not withdraw your listing after the transaction occurs. Your account on the LUNATIX Website will be credited with the sale price of the item, less the transaction fee and any taxes. At any time you may make a permitted withdrawal of any available balance in your account on the LUNATIX Website. Withdrawals are typically processed within 20 days from the date of your request.
10. Account Registration and Security.
You understand that you may need to create an account to have access to parts of the Website. In consideration of your use of the Website, you will: (a) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration process and (b) maintain and promptly update your information to keep it true, accurate, current and complete. If we suspect that such information is untrue, inaccurate, not current, misleading or incomplete, we have the right to suspend or terminate your account and refuse any and all use of the Site. You are entirely responsible for the security and confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Website. Please note that anyone able to provide your username and password will be able to access your account so you should take reasonable steps to protect this information.
11. Products and Specifications.
Details of the products and Services available for purchase are set out on the Website. All prices are displayed and charged in US dollars. All applicable sales and other taxes are in addition to the sale price. All online transaction totals reflect the estimated tax amount; the actual tax amount will be calculated based on your shipping location and may vary from the estimated tax. Discounts and sales prices may not be applied to previous orders. We reserve the right to shorten the duration of any special order or sales promotion. All features, content, specifications, products and prices of products and services described or depicted on this Website are subject to change at any time without notice. The inclusion of any products or services on this Website at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner. LUNATIX may also make available on the Website the opportunity to purchase products and services offered by third-party vendors; purchases of any such products or services are subject to these terms and conditions and may also be subject to additional terms and conditions required separately by the third-party vendors.
For all charges for any products or services sold on the Website, we will bill your credit card or alternative payment method offered and accepted by us. You agree to provide valid and updated payment information. In the event legal action is necessary to collect on balances due, you agree to reimburse LUNATIX for all fees and expenses incurred to recover sums due, including attorneys' fees and other legal expenses. You are responsible for purchase of, and payment of charges for, all internet access services needed for use of this Website and any and all fees charged to you by your financial institution related to the charges. Payment obligations are non-cancelable and fees paid are non-refundable. LUNATIX may suspend or terminate your account, in addition to other rights and remedies, if fees are past due. You must provide us with written notice of any disputed charges within ten (10) business days of the date of the charge. Notice of the dispute must provide in reasonable detail a statement of the basis for disputing the charge.
13. Shipping Limitations.
The order will be shipped to an address designated by the purchaser as long as that shipping address is compliant with the shipping restrictions contained on this Website. Risk of loss and title for items purchased from this Website pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged or lost shipments. Signature may be required for deliveries. LUNATIX does not guarantee any particular delivery date and is not responsible for any delays. Users should endeavor to provide an address for delivery of tickets to Events that are located within the United States; LUNATIX cannot guarantee timely delivery of tickets to Events to addresses outside of the United States.
14. Termination of Privileges.
Without limiting any other remedies, LUNATIX may suspend or terminate your user privileges or deny you access if we suspect that: you have engaged in fraudulent, deceptive or dishonest activity in connection with the Website; you have manipulated or attempted to manipulate the price of any Reservation; you have entered into any transaction on the system that has been directly or indirectly prearranged; you have directed or requested another user to alter the price of a Reservation, bid or offer-to-sell; or you have used the Website for any unlawful purpose. LUNATIX may report to law enforcement authorities any activity that we suspect violates any law, rule or regulation.
15. Prohibited Activities.
Offline Transactions. You agree not to use the Website to (a) contact other LUNATIX users, (b) invite contact with other LUNATIX users, (c) solicit sales outside of LUNATIX, or (d) initiate or engage in transactions (either purchases or sales) outside of the LUNATIX Site. LUNATIX is not responsible for any damages or lost profits that result from LUNATIX users directly contacting other LUNATIX users or for any damages or lost profits resulting from transactions conducted outside of LUNATIX, including transactions that originate at the LUNATIX Site and are taken offline.
Abusive Behavior. You agree not to use abusive language or behave in an abusive manner to any LUNATIX employee or customer.
Adult Materials. You agree not to list, sell or buy any adult materials, obscene materials or pornographic materials through the Website, directly or indirectly, and you agree not to use any names or other information found on or via the Website to do so.
Illegal Activity. You agree not to use the Website for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding the use of the Website and the purchase of the Reservations. You agree not to use or permit anyone to use the information provided through the Website for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized credit card. You agree not to copy, modify, or distribute any content from the Site, including LUNATIX or Rights holder copyrights and trademarks, and/or link to the Website without LUNATIX's prior written permission.
Stolen Property. The sale of stolen property on the LUNATIX Website is strictly forbidden, and violates state, federal and international law. LUNATIX strongly supports law enforcement efforts to recover stolen property that is listed on the Website, and urges the prosecution of those responsible for knowingly attempting to sell such items on the LUNATIX Website. Stolen property includes items taken from private individuals, as well as property taken without authorization from companies or governments.
Sale of Other Goods and Services. You agree not to use the Website to promote, market or sell any other goods or services on the Website.
Other. You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior explicit written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the system or any activities conducted on the Website. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You further agree that the information you provide us will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information. Information on the Website is updated on a real time basis and is proprietary or is licensed to LUNATIX. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from the Website without the prior explicit written permission of LUNATIX.
Investigations. We may investigate complaints and violations of our policies. You agree to cooperate fully with such investigations, including without limitation, providing us specific information regarding your account, stored payment methods, or executed transactions.
Disclosure of Information. You agree that LUNATIX may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. LUNATIX will cooperate to ensure that violators are prosecuted to the fullest extent of the law.
Warnings, Suspension, Termination and Denial of Access. Without limiting other remedies, we may immediately issue a warning, temporarily suspend or terminate your user rights, deny access and refuse to provide the Services to you if: (a) you breach this Agreement or the documents incorporated herein by reference; (b) we are unable to verify or authenticate any information you provide to us; (c) your credit card charging privileges are revoked or charges are refused for any reason; or (d) we believe that your actions may cause financial loss or legal liability for you, us, our users or any other person.
18. Disclaimer of Warranties.
LUNATIX AND ITS SUBSIDIARIES, AFFILIATES, EMPLOYEES AND AGENTS PROVIDE THE SOFTWARE, WEBSITE AND SERVICES ON AN "AS IS" AND "AS APPLICABLE" BASIS WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. LUNATIX AND ITS SUBSIDIARIES, EMPLOYEES, AGENTS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
Change or Suspension of Website. LUNATIX reserves the right at any time to modify or discontinue, temporarily or permanently, the Website or any part of the Website with or without notice. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site or the Services under this Agreement, for any reason. We do not guarantee continuous, uninterrupted or secure access to the Services, and operation of the Website may be interfered with by numerous factors outside of our control. LUNATIX is never, for any reason, responsible for Reservations on the Website that do not sell, including Reservations that remain unsold during a Website outage.
Regular Maintenance. The Site will be unavailable while it is being updated and modified. When a Seller posts a Reservation on the Website, the Reservation may not be available for purchase until the next regularly scheduled Website update. LUNATIX is not responsible for unsold Reservations resulting from Website updates.
19. Your Warranties to Us.
You represent and warrant that any information you provide to us, to other users, or to visitors (a) is not false, inaccurate, misleading, obscene or defamatory; (b) is not fraudulent; (c) does not involve the sale of counterfeit or stolen items; (d) does not infringe any third party's copyright, patent, trademark, trade secret, rights of publicity or privacy, or other right; (e) does not violate any law, statute, ordinance or regulation, including without limitation those governing consumer protection, unfair competition, anti-discrimination or false advertising; and, (f) does not contain any viruses or any programming that is intended to damage, interfere with, intercept or expropriate any system, data or personal information.
20. Limitation of Liability.
IN NO EVENT SHALL LUNATIX BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, THE SERVICES OFFERED OR THE TERMINATION OR MALFUNCTION OF THE SERVICES OR THE WEBSITE. LUNATIX’S LIABILITY, TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE SERVICES OR PRODUCTS OFFERED, IS LIMITED TO THE LESSER OF (A) THE TOTAL U.S. DOLLAR AMOUNT OF ALL RESERVATIONS OR OTHER PRODUCTS YOU PURCHASE AND SELL ON THE WEBSITE IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY AND (B) ONE HUNDRED US DOLLARS ($100.00). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
You agree to indemnify and hold LUNATIX and its subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim, demand, damage or expense (including reasonable attorneys' fees), made by any third party or sustained by us due to or arising out of (i) your use of and access to the LUNATIX Website, (ii) your violation of any of the terms of this Agreement or the documents incorporated herein by reference, (iii) your violation of any third party right, including without limitation any copyright, property or privacy right or (iv) your actions or omissions, caused damage to any a third party.
You agree that LUNATIX is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold LUNATIX and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by LUNATIX that arise out of any third party or governmental claim that involves, relates to or concerns (i) any federal, state or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or (ii) any dispute concerning the tax status of LUNATIX.
These indemnification obligations survive this Agreement and your use of the Website.
22. Intellectual Property Rights to the Website and Services.
License and Ownership of Intellectual Property. You acknowledge and agree that (i) all patents, trademarks, trade names, service marks, copyrights and other intellectual property owned by, or licensed to, LUNATIX (collectively, "Intellectual Property") are and shall remain the sole property of LUNATIX and the Licensor, and (ii) nothing in this Agreement shall confer in you any right of ownership in, or license rights to, this Intellectual Property. In addition, you shall not now nor in the future contest the validity of LUNATIX's license to use, or the Licensor's ownership of this Intellectual Property.
Copyright. The software and the Website, including without limitation all text, graphics, logos, buttons, icons, images, audio clips, and computer programs, are the property of LUNATIX, its licensors or its suppliers, and are protected by U.S. and international copyright, trademark and other laws. The compilation (meaning the collection, arrangement, and assembly) of all content on the Website is the exclusive property of LUNATIX and protected by U.S. and international copyright law. Any unauthorized reproduction, modification, distribution, transmission, republication, display, or performance of the software or the content on the Website is strictly prohibited.
23. No Agency.
You and LUNATIX are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement.
24. Amendments; Assignment.
We may amend this User Agreement from time to time and at any time by posting the amended terms on the Website. Except as stated herein, all amended terms shall automatically be effective 30 days after they are initially posted on the Website. This Agreement is effective as of June 1, 2018. This Agreement, and any rights granted hereunder may not be transferred or assigned by you, but may be assigned by LUNATIX without restriction.
Except as expressly stated otherwise, any notices shall be given to LUNATIX in any of the following ways: You may send an e-mail to [email protected] Notice shall be deemed given 5 days after the date of mailing or 24 hours after email is sent, unless we are notified that the email address is invalid.
26. Additional Terms.
This Agreement will be governed in all respects by the laws of the State of New York without reference to its laws relating to conflicts of law. Any disputes arising from or related to this Agreement or its enforceability, or the business relationship between the parties, shall be finally settled by binding, confidential arbitration by a single arbitrator selected using the rules and procedures for arbitrator selection under JAMS' Expedited Procedures in its Comprehensive Arbitration Rules and Procedures in effect on the date of the commencement of the arbitration to be held in New York, New York. The decision of the arbitrator shall be final and binding on the parties, and judgment may be entered on the arbitration award and enforced by any court of competent jurisdiction. The prevailing party shall be entitled to recover its reasonable legal costs relating to the aspect of its claim or defense on which it prevails, and any opposing costs awards shall be offset. This paragraph shall not preclude parties from seeking provisional remedies (including, injunctive relief) in aid of arbitration from a court of competent jurisdiction. YOU AND LUNATIX AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by LUNATIX, in our sole discretion, to a third party in the event of a merger or acquisition. Our suppliers and co-brand partners are third-party beneficiaries of this Agreement. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of the sections to which they apply. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, which includes the other documents and policies incorporated by reference into this Agreement, sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
The following terms and conditions govern your purchase of tickets through Lunatix.com. If you visit our site and make a purchase, or order tickets via telephone with an authorized Lunatix representative, you are agreeing to the following terms and conditions. Please read through the Terms and Conditions carefully before making a purchase. Purchasing tickets from a ticket broker can be much different than buying from ticketmaster, the venue, or the box office.
1. All Sales Are Final - No Exceptions - Once a ticket request is submitted to us there are no cancellations or ticket exchanges. This takes effect immediately after your request has been placed because once we receive your request we secure and acquire the tickets for you and are not able to return them to the selling broker. Please request tickets after you are absolutely certain you want them.
2. Ticket Prices - Due to the costs associated with obtaining premium tickets in the secondary market, the price you pay for tickets on Lunatix.com is set by the seller of the tickets not Lunatix.com and is typically much higher than the FACE VALUE printed on the tickets. Much like the stock market, ticket prices in the secondary market are dictated by the laws of supply and demand and not the Face Price printed on the tickets. Lunatix.com is not affiliated with ticketmaster, the box office or any venue. All sales are in US Dollars. Internet Only Pricing - Due to competitive market forces, ticket prices shown online are less than the prices for the exact same tickets quoted over the phone. Although prices online will be cheaper than prices quoted over the phone, the final out-the-door cost to the consumer will be about the same.
3. Ticket Availability - Ticket sales are not made in real time. Ticket prices and availability are guaranteed at the time the order is CONFIRMED by us via email to you with a copy of your invoice attached. Since tickets are bought and sold on an open market, prices and availability are subject to change at any time. If the tickets you have requested are not available or have become more expensive, we will attempt to replace them with equivalent or better tickets at the same price of the original tickets you requested.
4. Verification of Tickets Upon Receipt - It is the responsibility of the customer to check tickets carefully upon receipt via FedEx or via Email from Lunatix.com. If there is an error with the ticket location, date, or time the customer must contact our office within 48 hours of receipt on hard traditional tickets, or within one (1) hour from the time of receipt on Electronic Email Tickets / Instant Download tickets so we can provide you with the correct tickets for your event, otherwise we cannot be held accountable for the incorrect tickets received.
5. Seating Location - Since we represent thousands of ticket sellers we cannot be responsible for typographical errors within the inventory listed for sale. Seating charts on Lunatix.com are for informational purposes only and may not provide an exact representation of where your seat(s) is located. When an error is found while processing your order you will be notified of the error and provided with other seating choices (if available). Odd lot ticket purchases (ie. 5 tickets, 7 tickets etc) are not guaranteed to be seated together. Only pairs are guaranteed to be seated together side by side. While every effort will be made to keep groups together, orders of more than two tickets are not guaranteed to be seated together. Actual seat numbers are never guaranteed as they are often protected for privacy reasons by the owner of the seats. In most cases the seat numbers provided on your invoice are random seat numbers. Actual seat numbers are not known until the physical tickets are distributed by our suppliers. After your order has been confirmed, we are not responsible for any financial damages or refunds if the venue or promoter makes structural changes to the seating which may negatively impact your view or proximity to the stage.
6. Pricing Errors - A large volume of tickets are listed on Lunatix.com and we make every effort to prevent pricing errors. On rare occasions when pricing errors occur, Lunatix shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, Lunatix may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, Lunatix will allow you to cancel your order.
7. Order Processing - You will receive an email immediately after you place your ticket request confirming that we have received your request for tickets. This does not confirm availability or prices. It only indicates that we have received your request for those tickets. Internet sales are not in real time; therefore, all tickets are subject to availability. We will contact you if the tickets you requested are no longer available or if we are unable to fill the order as you requested. If the tickets you have requested are not available we will try our best to replace your request with equal or better tickets if they are available at the same price.
7. Ticket Delivery-
Instant Download and E-Ticket Delivery - All Instant Download tickets are E-Tickets, but not all E-Tickets are Instant Download. Some E-Tickets will be received once the supplier receives the E-Tickets from the event or their supplier. Once your E-Ticket(s) and or Instant Download ticket(s) has been confirmed you will receive an email from Lunatix.com with a link to download and print out your tickets.
E-Tickets and Instant Download Tickets - To prevent against Credit Card Fraud, our systems may block the immediate delivery of Instant Download tickets on some orders to allow our customer service staff to review the request and verify that the purchase is authorized by the credit card holder. Once an order has been placed in review, we will reach out to the credit card holder to verify the charge which may require the Credit Card holder to provide our office with additional documentation such as:
Front and back of the credit card being used
Sign the invoice using DocuSign
Copy of your drivers license
FedEx Deliveries - All FedEx deliveries will require a signature and be shipped to the billing address of the credit card used to make the purchase. It is your responsibility to provide a valid and secure address and have an adult available to accept and sign for delivery. Shipping and delivery times are subject to change and vary by destination. If for any reason FedEx fails to deliver your tickets in time for your event you agree not to hold Lunatix.com responsible for any costs associated with your tickets, shipping charges or additional financial costs related to the missing of your event. A Lost Claim will be filed by Lunatix.com with FedEx on your behalf.
8. Credit Card Fraud Prevention - To protect our customers and Lunatix.com from credit card fraud, a signed authorization form, photocopy of your passport and the front and back of the credit card may be required for the following type of transactions.
If we have not received the required documents (Signed Authorization, Passport and Credit Card Front & Back) and deem that fraud may be occurring, even after you have received a final invoice, we have the right to refund your payment and cancel your ticket request.
The Credit Card Authorization form will be emailed to you after we receive your request for tickets. Please sign the Credit Card Authorization form which will come from RightSignature or Docusign and return it along with a photocopy of a valid Drivers Licence / Passport as well as the front AND back copy of the credit card used to make the purchase. You can also scan and email the documents back to [email protected] You may black out any personal information on your photo ID you do not wish us to see as long as we can make out a signature and your name on the ID. You may also black out the first twelve digits on the card, we need to be able to read the last four digits on the card as well as your name on the front and the signature strip on the back. Again, this policy is implemented to protect card holders and prevent credit card fraud.
9. Stolen, Lost or Late Tickets - When you receive your tickets keep them in a safe place. In many cases, tickets cannot be replaced if they are lost, stolen or damaged. Treat your tickets like cash. Please note that direct sunlight or heat can damage some tickets. Although extremely rare, if your tickets are lost or arrive late due to FedEx's negligence, you agree to limit Lunatix.com's total financial liability to a maximum of $100. In the event your tickets are lost or arrive late due to FedEx's negligence, we will file a "Lost Claim" on your behalf and credit your account once we receive a refund from FedEx.
10. Cancelled Events - If an event is officially cancelled, and has not been postponed or rescheduled, a full refund will be issued for the amount paid for the tickets. There are no refunds on re-scheduled or postponed tennis or golf events due to weather or time out delays. Any shipping and service charges are not refundable. In order to receive the refund on a cancelled event, the following must happen:
a. Unused ticket(s) must be returned, in original condition, to our office via FedEx or registered mail within ten (10) business days AFTER the event has been officially cancelled. If after 10 business days from the date of the cancelled event the tickets are not returned to our office, no refunds will be given.
11. Postponed Events & Event Times - If an event is postponed or the start time has changed, the tickets will be honored for the new date and start time of your event. New tickets will not need to be issued. Due to the high number of concert, sports and theater events, it is the responsibility of the customer, not Lunatix.com to check with local media outlets and the event directly to get the most up-to-date starting time for when your desired event will take place. If you cannot make the new date or event time we can only offer to waive the fees charged by our consignment department. If we are able to sell your tickets you would receive 100% of the amount that we sell them for up to the price that you paid. Lunatix.com will make every attempt possible to sell consignment tickets ahead of any other tickets listed for that event.
12. Event Dates and Times are Subject to Change - Event dates, schedules and times published on Lunatix.com and noted on your invoice are subject to change at anytime. This is especially true for sporting events which are subject to television scheduling conflicts. Please be sure to check with the event or tournament directly before submitting your request for tickets.
13. Deposits - All deposits are non-refundable. Even though you have not received the tickets yet, we have already committed to purchasing tickets for you by the time your order is confirmed.
14. Credit Card Purchases- Please note that purchases by credit card do not grant you any variances from our terms and conditions. You are still responsible for complying with our terms and conditions. Any attempts to defraud us will result in your credit card payment refunded and possible legal action brought against you.
15. Consignment Ticket Sales - If you have agreed to have Lunatix.com consign your tickets, it is your responsibility to deliver the ticket(s) to the new buyer in a timely manner. If you are unable to deliver the consigned ticket(s) to the new buyer in a timely manner, you will be held responsible for any replacement costs that Lunatix.com incurs. If you choose to delist your tickets from consignment, we kindly request that you email [email protected] prior to removing, selling or committing your tickets elsewhere. All consignment sales are final. Within 10 business days of receipt of payment on your tickets, you will be paid via check 85% of the net proceeds on any sales for your ticket(s).
16. Disputes / Chargebacks - In the event you dispute your confirmed ticket order and the credit card company decides against you, you will be assessed a $250 administrative charge. This is to avoid victim fraud, banking fees and administrative time spent handling the dispute.
17. Forms of Payment - We accept all major forms of credit: MasterCard, Visa, Discover, AMEX and Bank Check Cards bearing the VISA logo. In some cases, as noted above, a credit card authorization form must be filled out and returned to us along with a copy of your passport or drivers license and the front and back of your credit card.
18. Limitations of Liability -We are not responsible for providing transportation or reimbursement of travel related expenses under any circumstances unless those items are specifically included as part of a package. Nor are we responsible for any delay causing you to arrive late or miss your event for any reason. Any actions by our company that do result in you missing your event will be rectified with our liability not exceeding 100% of your total purchase price.
We are not responsible for the conditions or the actions of the crowd at any event. The tickets that you purchase from us are valid and if someone is sitting in your seat when you arrive it is your responsibility to ask them to move or ask an usher to seat you.
19. Jurisdiction in the event of disputes - In the event that we are required to seek legal remedies to recover fees and/or resolve disputes, Client agrees that we are entitled to recover all costs associated with such action by the client, including but not limited to reasonable attorney's and administrative fees. By purchasing tickets through Lunatix.com you agree to waive any additional rights or remedies conferred upon you now or in the future under New York State law and you agree to litigate any disputes within the jurisdiction of the courts of Manhattan, NY.
1. APPLICATION TO JOIN THE AFFILIATE PROGRAM
In order to become an affiliate of Lunatix you must submit a completed application form. We will review your application and we may then, in our sole discretion, notify you that we accept or reject your application to participate in the Program or require further information from you. We may reject your application in our sole discretion and for any reason, including, without limitation, if we determine that any of the content included on a Website is unlawful, harmful, threatening, defamatory, obscene, harassing, or racially, ethnically or otherwise objectionable including, without limitation, content that is aimed at minors; displays sexual, pornographic or obscene acts; contains graphic violence; contains discriminatory content (whether based on race, sex, religion, nationality, ethnicity, sexual preference, physical disability, gender or otherwise) or violates the intellectual property rights of Lunatix or of any other third party.
2. TERMS AND CONDITIONS
Subject to the terms and conditions of this Agreement, Lunatix grants to the Affiliate, for the term of this Agreement, the non-exclusive and non-transferable right to market and promote Lunatix by means of the Affiliate Link(s) Promotional Codes. By agreeing to participate in the Program, you are agreeing to create and maintain unique links from your site that you operate (the “Affiliate Website”) to us. You may link to us with any of the Marketing Materials which we have supplied to you. You shall not modify the Marketing Materials or our marks or any other of our intellectual property in any way without our prior written consent. You may also appropriately use other marketing materials which you create, techniques/channels such as social media, email and paid search marketing, subject to the terms and conditions of this Agreement. You shall not use the Marketing Materials or our marks on any website that has not been previously agreed to and approved by us. Any form of spamming is strictly prohibited and will be considered as a breach of this Agreement allowing us the option exercisable at our discretion to terminate immediately and without further notice to you or otherwise to exclude any traffic generated in this manner from Commissions (as defined below) payable to you.
3. FTC COMPLIANCE; MARKETING ACTIVITIES AND RESPONSIBILITIES
You shall market to and refer potential Affiliate Customers to us. You will be solely liable for the content and manner of such marketing activities. All such marketing activities must be professional, proper and lawful under applicable rules, regulations or laws, including any laws in relation to the content and nature of any advertising or marketing (such as the Endorsement and Testimonial Guidelines published by the United States Federal Trade Commission (the "FTC Guidelines")), and otherwise comply with the terms of this Agreement. You shall not yourself, nor shall you authorize, assist or encourage any third party to (a) Register as an Affiliate Customer through your Affiliate Links for your own personal use or otherwise attempt to artificially increase the Commission payable to you or in any other way attempt to defraud us or (b) Direct individuals to competitor sites using the Licensed Materials (defined below) or the Affiliate Link(s). If we determine, in our sole discretion, that you have engaged in any of the foregoing activities, we may (without limiting any other rights or remedies available to us) withhold any Commission fees otherwise payable to you under this Agreement and/or terminate this Agreement.
4. COMMISSION FEES & PAYMENTS
Commission fees payable to you will be calculated on a calendar month basis in accordance with the following commission structure or as agreed in writing (the "Commission(s)"): Affiliate will receive fifteen (15%) of Team Ticket Futures Net Revenue plus fifty (50%) of Ticket Sales Net Revenue from Affiliate Customers purchasing through Affiliate Link or using the Promotional Code. Team Ticket Futures Net Revenue is defined as the revenue received from an Affiliate Customer purchased on lunatix.com minus 3% credit card transaction fees, charge backs or approved refunds if applicable. Ticket Sales Net Revenue is defined as the revenue received from an Affiliate Customer purchasing on tickets.lunatix.com minus the costs of the tickets, 3% credit card transaction fees, charge backs, shipping fees or approved refunds if applicable. Lunatix will pay the Affiliate a commission based upon a calendar month basis. In order to calculate the Commission, Lunatix shall refer to the Affiliate Link used by the Affiliate. You will only be entitled to Commission on an Affiliate Customer for a period of six (6) months from the date of the Affiliate Customer registration date on Lunatix.com. Method of Payment: All payments to you will be due and payable in USD no later than thirty (30) days from the last day of the month in which commissions were earned. You will have the option of receiving your commission payments by check or made electronically by one of our third-party payment providers. Commission balances that are below $75.00 threshold will not be processed for payment and be held and added to subsequent monthly commission earnings until such threshold is met. Player Tracking: You understand and agree that potential referred customers must link through using your Affiliate Links or Promotional Code in order for you to receive Commissions. In no event are we liable for your failure to use or erroneously use Affiliate Links. Taxation: All taxes due in connection with any payments to you are your sole liability. You are solely responsible for paying all federal and other taxes in accordance with the laws that apply in your local, state, province, and/or country of residence. It is the policy of this program, and in compliance with United States Internal Revenue Service regulations, that we may send an IRS Form 1099-MISC or other appropriate form to any affiliate who earns Commission greater than $600 (USD) in any given calendar year. Depending on the jurisdiction in which you reside, the program may also send you W-9 and/or additional tax forms, which are required in order to receive Commission payments. We reserve the right to withhold (from your existing Account balance) any amount required to be withheld by law or until requested information and forms are received
5. TERM AND TERMINATION
The term of this Agreement shall commence on the date Lunatix accepts your application to be included in the Affiliate program and will end when terminated by either party as set forth in this Agreement (the "Term"). Either party shall have the right to terminate this Agreement at any time, with or without cause as follows: (i) you may terminate this Agreement at any time upon written notice to us; or (ii) we may terminate this Agreement at any time on seven (7) days' prior written notice. Upon any termination or expiration of this Agreement: (a) Affiliate shall immediately cease use of the services and remove all Affliate Links or Promotional Codes and (b) each party shall remove from its respective website any branding or other proprietary materials received from the other party under the terms of this agreement. Affiliate will be entitled to Affiliate Commissions for a period of sixty (60) days following the termination of this Agreement. Termination of this Agreement shall not extinguish either of the parties' obligations under this Agreement which by their terms or context are intended to survive the termination of the Agreement.
The Affiliate shall defend, indemnify and hold Lunatix and its shareholders, directors, officers, employees, agents and representatives, agents, successors and assigns harmless from and against any and all liabilities, losses, damages and costs, including attorney's fees and costs, resulting from, arising out of, or in any way connected with any actual or alleged breach by the Affiliate of any warranty, representation or undertaking by the Affiliate contained in this Agreement; the performance of the Affiliate's duties and obligations under this Agreement; the Affiliate's negligence in performing its duties and obligations under this Agreement; and/or any injury directly or indirectly caused by the Affiliate's negligence or intentional acts or omissions or the unauthorized use of the Link(s).
Except as otherwise provided in this Agreement or with the consent of the other party hereto, each of the parties hereto agrees that all information including, without limitation, the terms of this Agreement, business and financial information, customer and vendor lists and pricing and sales information, shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by the other party for its own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public through a source or sources other than such party hereto. No party shall disclose, or use for its own benefit or the benefit of any such party's affiliate, any trade secret or confidential, proprietary or other non-public information obtained from the other party during the course of this Agreement. The parties shall protect the confidential information of the other party as if it were its own, but in no instance less than a reasonable standard of care. This Agreement incorporates standard exceptions to the definition of confidential information. This provision shall survive for one (1) year after the termination of this Agreement.
8. NO WARRANTIES
WE MAKE NO WARRANTIES OR REPRESENTATIONS (WHETHER EXPRESS OR IMPLIED BY LAW, STATUTE OR OTHERWISE) WITH RESPECT TO THE AFFILIATE NETWORK, OUR SITES, OUR WEBSITE OR ANY CONTENT, PRODUCTS OR SERVICES AVAILABLE THEREIN OR RELATED THERETO OR THAT OUR SITES, THE WEBSITE, SYSTEM, NETWORK, SOFTWARE OR HARDWARE (OR THAT PROVIDED TO US BY THIRD PARTIES) WILL BE ERROR-FREE OR UNINTERRUPTED OR WITH RESPECT TO THE QUALITY, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR SUITABILITY OF ALL OR ANY OF THE FOREGOING. EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS AGREEMENT, ALL WARRANTIES, REPRESENTATIONS AND IMPLIED TERMS AND CONDITIONS ARE HEREBY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. FURTHERMORE, NEITHER WE (NOR OUR PROVIDERS OR UNDERLYING VENDORS) ARE REQUIRED TO MAINTAIN REDUNDANT SYSTEM(S), NETWORK, SOFTWARE OR HARDWARE.
9. LIMITATION OF LIABILITIES
IN NO EVENT SHALL LUNATIX, ITS SUPPLIERS AND LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND STOCKHOLDERS SHALL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES ARISING HEREUNDER, EVEN IF LUNATIX, ITS SUPPLIERS AND LICENSORS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND STOCKHOLDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS.
10. OTHER PROVISIONS
Modification. Lunatix reserves the right to update or modify this Agreement or any part thereof at any time, with notice to you, and you will be bound by such amended Agreement within fourteen (14) days after it is posted on Lunatix.com. Therefore, we encourage you to visit the Program Site regularly and check the terms and conditions contained in the version of the Agreement in force at such time. Your continued participation in the Program shall be deemed to attest to your agreement to any amendments to the Agreement. Relationship of Parties. There is no relationship of exclusivity, partnership, joint venture, employment, agency or franchise between you or us under this Agreement. Neither party has the authority to bind the other (including the making of any representation or warranty, the assumption of any obligation or liability and/or the exercise of any right or power), except as expressly provided in this Agreement. Waiver; Severability. A failure or delay by either party to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement. Any waiver by either party of any right under this Agreement shall not constitute a waiver of such right in the future. If any provision or portion of this Agreement is held to be unenforceable or invalid, the remaining provisions and portions shall nevertheless be given full force and effect, and the parties agree to negotiate, in good faith, a substitute valid provision which most nearly affects the parties' intent in entering this Agreement. Force Majeure. Excluding the payment of money, neither party will be deemed in default of any obligation hereunder nor be liable for any failure or delay in performance which results directly or indirectly from any cause beyond its reasonable control, including without limitation, "Acts of God," delays or failures in the Internet or related carriers and third-party equipment, acts of civil or military authority, strikes, fire, theft, delays by suppliers, or action or inaction by the other party or any third party. Governing Law. This Agreement shall be governed by and construed under the laws of the state of New York, without regard to principles of conflicts of laws. Entire Agreement. These Terms and Conditions, in connection with other obligations and rules detailed in writing, constitute the entire agreement between Affiliate and Lunatix and cannot be modified by Affiliate, supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.