Short Form Contract Terms & Conditions

Standard Terms and Conditions

DEFINITIONS
1. Events CalendarDatabase of CLIENT’s events made accessible for the purpose of purchasing tickets.
2. Service FeeAn additional fee that is paid for by the customer when making a purchase. This may include, but is not limited to, the customer transaction fee, referral program fee, phone sales fee, retail outlet fees and/or processing fees. Shipping and facility fees and costs are not included in the definition of Service Fee.
CLIENT’s Responsibilities
1. Ticket Allotment
  1. CLIENT is responsible for accurately maintaining the number of tickets available for sale for all events (“Ticket Allotment”) and bears full responsibility for losses incurred due to over-selling and will indemnify and hold harmless SEE TICKETS for any damages, actual or presumed, caused by failing to maintain the number of tickets available.
2. Maintenance of Events Calendar
  1. CLIENT will maintain the Events Calendar using the SEE TICKETS system, which will be provided by SEE TICKETS in a reasonable manner in a reasonable time.
  2. CLIENT is responsible for providing via SEE TICKETS’ website all information required to describe events, including ticket prices, in a timely manner. SEE TICKETS is not responsible, and shall hold no liability, for any incorrect information or incorrect content provided by CLIENT and uploaded to the website.
3. Print, Broadcast & Online Advertising
  1. In print and online advertising created by CLIENT to promote events covered under this Agreement, SEE TICKETS’ Internet address (“SEE TICKETS.com”), will appear, if applicable. SEE TICKETS will also provide a logo that can be used on any flyers promoting the event. In all broadcast copy created by CLIENT to promote events covered under this Agreement, the following wording shall be included: “Advance tickets available online at SEE TICKETS.com”. The Parties further agree to provide each other a limited, non-exclusive, revocable right to utilize the other Party’s name and logo solely in connection with the promotion, marketing and advertising of events and the performance of their obligations under this Agreement, provided each Party approves in advance the use of their respective name and logo. In no way does this limited licensing right create an ownership interest or transfer any
    interest in the intellectual property rights of one Party to the other. Each Party reserves all rights to their respective intellectual property rights.
4. Internet Access
  1. CLIENT assumes responsibility for acquisition, installation, and maintenance of all hardware and software required to access the internet. CLIENT is responsible for all initiation and subscription fees, including connect time charges, incurred and shall reimburse SEE TICKETS for any costs related with internet access
5. Local, State, and Federal Law
  1. CLIENT agrees to adhere to all local, state and federal laws regarding the use of copyrighted material and other intellectual and other property, including all content that CLIENT and its affiliates upload into the SEE TICKETS system. CLIENT warrants and represents that CLIENT has the proper license for any intellectual property uploaded to the SEE TICKETS system. CLIENT also agrees to adhere to all related laws regarding email and mobile marketing, including but not limited to the most current version of the Federal Communications Commission’s CAN-SPAM Act. SEE TICKETS retains the right to review all content and listings of events entered into the SEE TICKETS System and to remove any content that does not comply with these Standard Terms and Conditions or that it deems inappropriate.
Taxes
1. CLIENT must add all applicable city, county, municipal, district, state or federal tax, which may apply to the admission, ticket, or right to occupy a seat at any performance covered under this Agreement to the face value of its tickets, and assumes all responsibility for payment of such tax to the appropriate governmental authority. CLIENT will indemnify and hold harmless SEE TICKETS for any tax liability or other tax issues related to activities under this Agreement.
SEE TICKETS’ Processing Settlement
1. If CLIENT chooses to use SEE TICKETS’ processing, SEE TICKETS is authorized to collect an additional processing fee. The processing fee is 3% of the “total price”. The processing fee shall be in addition to any Shipping Fee or other Service Fees. The processing fee does not apply if CLIENT does not use SEE TICKETS’ processing. This fee will be added to the Service Fee. This fee is non-refundable under any conditions, even if the customer receives a refund for the face value of the ticket.
2. If CLIENT chooses to use SEE TICKETS’ processing, SEE TICKETS will collect all proceeds from tickets sales, and remit the portion of such proceeds due to CLIENT less the amounts SEE TICKETS is entitled to pursuant to this Agreement.
3. Payment to CLIENT from proceeds collected by SEE TICKETS, less amounts owed to SEE TICKETS, will be made by check by mail, ACH transfer, or wire, payable only to CLIENT one week following the Wednesday after the event. Check by mail and wire transfer may be subject to a handling fee. Such handling fee is not to exceed $50.
4. SEE TICKETS is authorized to initiate debit and or credit entries to CLIENT’s checking account or savings account indicated on the client sign up form at the depository financial institution named on the client sign up form, hereinafter called DEPOSITORY. CLIENT acknowledges that the origination of ACH transactions to CLIENT’s account must comply with the provisions of U.S. federal or state law. This authorization is to remain in full force and effect until SEE TICKETS has received written notification from CLIENT of its termination in such time and such manner as to afford SEE TICKETS and DEPOSITORY a reasonable opportunity to act on it.
CLIENT or Third Party Processor Settlement
1. If CLIENT so selects, CLIENT will collect all proceeds from tickets sales, and remit the portion of such proceeds due to SEE TICKETS that SEE TICKETS is entitled to pursuant to this Agreement.
2. Payment will be made by ACH transfer weekly. SEE TICKETS will
  initiate the transfer.
3. SEE TICKETS is authorized to initiate debit and or credit entries to CLIENT’s checking account or savings account indicated on the client sign up form at the depository financial institution named on the client sign up form, hereinafter called DEPOSITORY. CLIENT acknowledges that the origination of ACH transactions to CLIENT’s account must comply with the provisions of U.S. law. This authorization is to remain in full force and effect until SEE TICKETS has received written notification from CLIENT of its termination in such time and such manner as to afford SEE TICKETS and DEPOSITORY a reasonable opportunity to act on it.
Refunds
1. CLIENT agrees to grant refunds to all customers who request them for events that are rescheduled; if admittance is denied due to overselling of tickets; or if the event’s talent does not perform.
2. In the event of a cancellation, CLIENT agrees to promptly notify
  SEE TICKETS, in writing, and orally within four (4) hours, to prevent further sales for the canceled event. Once notified of cancellation, SEE TICKETS will automatically issue refunds to all customers who purchased tickets through SEE TICKETS using a credit card.
3. If using SEE TICKETS’ processing, if an event receives customer service requests including but not limited to early closure, talent not performing, location change, overcrowding, unusually long lines, or services not rendered, SEE TICKETS reserves the right to withhold up to 100% of ticket revenues for any event for a period up to 180 days after the event occurs, to allow all returns and disputed charges to clear processing. SEE TICKETS will release funds which SEE TICKETS does not consider to be at risk of return or dispute in a reasonably prudent fashion.
4. Any refunds after the event settlement will be charged to the CLIENT. If using SEE TICKETS’ processing, SEE TICKETS is authorized to deduct these costs from the CLIENT’s outstanding balance, or automatically invoice CLIENT via ACH or credit card for the costs if no balance exists. CLIENT will issue a payment within 7 calendar days of receipt.
5. Any credit card charge-backs initiated by the purchasing customer including the processor’s chargeback fees will be charged to the CLIENT. If using SEE TICKETS’ processing, SEE TICKETS is authorized to deduct these costs from the CLIENT’s outstanding balance, or automatically invoice the CLIENT via ACH or credit card for the costs if no balance exists.
6. Customer refunds shall not include any fees collected for or owed to SEE TICKETS.
Order Fulfillment
1. In the event that a customer claims an order was lost in the mail, SEE TICKETS will make a good faith effort to determine the validity of such a claim before it issues replacement tickets. Any replacement tickets issued by SEE TICKETS must be picked up at will-call.
2. In the event that replacement tickets are issued by SEE TICKETS due to loss in the mail, CLIENT agrees that SEE TICKETS will not be responsible for the cost of replacement tickets.
Purchaser’s Data
1. The parties agree that SEE TICKETS shall not share, sell, or transfer CLIENT’s customer data. Upon CLIENT’s reasonable request, SEE TICKETS will provide a copy of such data to CLIENT in a reasonable time frame. To protect customer privacy, CLIENT agrees not to release or sell the profile (i.e. name, address, phone number, e-mail) of any customer obtained through SEE TICKETS to any third party, for any reason.
Intellectual Property – License
1. CLIENT Content: Any CLIENT content posted by SEE TICKETS as it relates to the Agreement shall remain CLIENT’s sole and exclusive property. No rights will be transferred by CLIENT to SEE TICKETS for such use. CLIENT shall be
  solely responsible for the content and the consequences of posting or publishing the content as provided to SEE TICKETS (including, without limitation, any required approvals, fees, guild payments, etc.). CLIENT warrants and represents that the content is original and not in violation of any third party rights. CLIENT will hold harmless and indemnify SEE TICKETS for any lawsuits or claims against SEE TICKETS regarding CLIENT’s content by any third party. Accordingly, CLIENT provides a worldwide, limited, non-transferable, non-exclusive license to use such content or any intellectual property rights owned by CLIENT as it relates to this Agreement (and any and all media services affiliated with SEE TICKETS will have this right) solely for the purposes of operating, maintaining, marketing and fulfilling its obligations under this Agreement.
2. CLIENT warrants and represents that it has no ownership interest in any intellectual property created by SEE TICKETS as it relates to this Agreement for CLIENT. CLIENT further warrants and represents that it has no interest including patent, copyright, trade secret, trademark, and other proprietary rights, including but not limited to the ticketing software, and any modifications, enhancements and/or updates made by SEE TICKETS. CLIENT further warrants and represents it will not disassemble, clone, alter or reverse engineer any of SEE TICKETS’ systems used.
3. Except as otherwise provided, each Party owns all proprietary rights in their respective marks, including without limitation trademark rights. Each Party agrees that, except as otherwise expressly permitted in the Agreement, it will not to take any action that would infringe, dilute or conflict with the other Party’s ownership rights in its brands. Each Party grants the other Party the non-exclusive right to use the other’s logos, trademarks and other branding for the purposes of promoting the services enumerated in the Agreement.