General.
UniversalStubs.com acts as an intermediary between buyers and ticket sellers
(defined below) to facilitate the purchase and sale of event tickets, and as
such is not directly involved in the actual ticket sale transaction between the
buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE
are often obtained through the secondary market and prices are determined by
the individual ticket seller, the prices for tickets may be above or below face
value. The following are the rules or "TERMS" that govern use of the
UniversalStubs.com Web Site ("SITE") by you, the user of the SITE
("USER"). By using or visiting the SITE, USER expressly agrees to be
bound by these TERMS and to follow these TERMS and all applicable laws and
regulations governing the SITE. UniversalStubs.com reserves the right to change
these TERMS at any time, effective immediately upon posting on the SITE. If
USER violates these TERMS UniversalStubs.com may terminate USER's access to the
SITE, bar USER from future use of the SITE, cancel USER's ticket order, and/or
take appropriate legal action against USER.
Above
Face Value. Tickets sold through SITE are often obtained through secondary
market TICKET SELLERS and are being resold, in many cases, above the price or
"face value" listed on the ticket. All ticket prices include
additional service charges and handling fees as defined on each order. SITE and
its TICKET SELLERS are not directly affiliated with any performer, sports team,
or venue; and SITE does not act as a primary sale box office, unless otherwise
stated. By agreeing to these TERMS, USER agrees that the purchase price for
tickets on their order does not reflect the original purchase price of the
ticket and may be either higher or lower than the original purchase price.
Orders.
Orders placed through SITE will be fulfilled by one of our network of participating
TICKET SELLERS. Contact information for the TICKET SELLER who fulfills USER's
order (hereinafter known as "FULFILLER") will be provided to USER
upon completion of the purchase process. If this information is lost, USER may
contact UniversalStubs.com to retrieve information about the order.
All
sales are final. Since tickets are a one-of-a-kind item and not replaceable,
there are no refunds, exchanges or cancellations. If an event is postponed or
rescheduled, tickets will be honored for the rescheduled date. New tickets will
not need to be issued. If an event is cancelled without a rescheduled date,
USER will need to contact the FULFILLER for a refund. The FULFILLER may require
the USER to return the supplied tickets at USER's expense before receiving any
refund USER is entitled to due to cancellation. UniversalStubs.com is not
responsible for providing or securing this refund for USER. Any shipping and
handling charges are not refundable. Refunds will be processed in the same
currency as the original order. Conversion charges, including though not
exhaustive of the ones issued by USER's bank, if any, are not covered by
UniversalStubs.com or Fulfiller. Neither UniversalStubs.com nor the FULFILLER
will issue exchanges or refunds after a purchase has been made or for lost,
stolen, damaged or destroyed tickets. When USER receives tickets, USER should
keep them in a safe place. Please note that direct sunlight or heat may damage
tickets.
Pricing.
All prices are in United States Dollars (USD) unless otherwise specifically
stated. SITE cannot confirm the price of an item until after an order is
completed by USER. Despite SITE's best efforts, a small number of the items
listed on the SITE may be priced incorrectly. If the FULFILLER discovers an
item's correct price is higher than the stated price, the FULFILLER will either
complete the order at the original price, contact USER to inform them of
different price with an option to purchase, or cancel USER's order and notify
USER of such cancellation.
Schedule
of Fees and Charges. The price charged to USER'S credit card beyond the price
of the individual tickets shall include the following fees and charges:
Service
Fee: Cost per ticket associated with SITE operation, customer service center
operation, and other costs associated with the fulfillment of USER'S ticket
request.
Delivery:
Costs associated with the Delivery Method chosen by USER and the SITE'S
arrangement of USER'S ticket delivery by the FULFILLER.
Total:
Entire amount charged to USER, including each ticket's price as set by the
FULFILLER, Service Fee, and Delivery.
Taxes.
Prices stated on the SITE do not include any state or other local taxes that
may apply to USER's order. TICKET SELLERS may collect sales tax as is
appropriate for their locality. If taxes are applicable to USER'S order they
will be added to USER'S order as a separate charge in addition to the TOTAL.
Credit
Card Charges. USER's credit card will be charged by the FULFILLER responsible
for fulfilling their order and not SITE. If USER have any questions about
charges on USER credit card statement, feel free to contact us at
[email protected] or to direct USER question to FULFILLER
responsible for completing the ticket order. FULFILLER may charge or authorize
USERS credit card in advance of confirming ticket availability. If tickets are
ultimately found to be unavailable, the USERS credit card will not be charged
or USER will receive a full refund for the charged amount.
Payment
by Debit Card. In some cases, FULFILLER may attempt to authorize a debit card
multiple times, creating several holds on USER'S account. This often happens
when a third-party credit card processing company requires additional security
verification such as a CVV, Zip Code, or address, or when USER'S information is
incorrectly provided or mistyped. Though the FULFILLER will only clear USER'S
transaction once, the hold(s) will temporarily lower USER'S available balance.
Any hold(s) may take up to several days to clear.
Disputed
Charges. USER is responsible for any and all legal fees incurred by USER,
FULFILLER, and/or SITE associated with USER's disputed charges and chargebacks
for purchases made on SITE. In no event will SITE or FULFILLER be responsible
for such legal fees.
Event
Listings. SITE does not guarantee the accuracy of event information on SITE
including but not limited to event name, event location or venue, event start
time, or event date.
Ticket
Holder Behavior Policy. The USER agrees to abide by all rules and policies of
the venue where the event is located relating to conduct and behavior. Should
the USER be ejected from the event for failure to abide by the venue's rules
and policies, USER shall be subject to all applicable fines and legal or other
expenses associated with the ejection. Further, should the ejection result in
the loss of the TICKET SELLER's right to use any other season tickets at that
venue, or the right to purchase other tickets from that venue, USER shall be
held liable for all reasonable costs, expenses, and losses associated with said
loss, including but not limited to all direct, indirect, vicarious,
consequential, exemplary, incidental, special or punitive damages, including
lost profits.
Ticket
Availability. SITE cannot guarantee ticket availability until the USER is in
possession of their tickets. Generally, all ticket listings on SITE are a
unique set of tickets from an individual TICKET SELLER. Some ticket listings on
SITE may only be representations of available tickets and not actual seat
locations or currently available tickets. Occasionally tickets ordered may no
longer be available at the price or in the quantity originally ordered at the
time the order is received. If equivalent or better seat locations are
available at the same price, the TICKET SELLER will fill the order with the
alternative seat locations. If no alternates are available, either the USER'S
credit card will not be charged at all or the entire amount will be refunded,
and USER will be notified that the ticket request has been rejected.
Fraudulent
Use. In order to protect our USERs from fraud, a USER may be required to
provide additional proof of identify on any order. Proof of identity may
include but is not limited to a signed credit card authorization and/or
photocopies of public documents such as a state driver's license or federal
passport.
Shipping.
All orders are shipped to USER using the delivery method chosen for the order.
Most orders are shipped the same business day in which they are received.
Orders placed after business hours may be shipped on the next business day.
Shipments may require direct signature at the point of delivery.
Delayed
Shipment. Event tickets are generally delivered according to the delivery
method selected at the time of ticket checkout. Most orders are shipped the
same business day in which they are received or, if placed after business
hours, orders may be shipped on the next business day. However, tickets may not
always be available for immediate delivery, particularly in cases when the
tickets have been purchased far in advance of the event in question or for
certain events including but not limited to the following: all off-season
orders for professional sporting leagues, concerts, and Las Vegas events
tickets. While most tickets are delivered within three business days of the
delivery method chosen, this does not imply a guaranteed delivery date. In
these situations tickets may be marked with an estimated ship date. USER will be
provided with account access information that will allow them to view the
status of their order and tracking information, if available, after purchase.
In the case where tracking information is not available USER may contact a
representative of the FULFILLER for shipment information or an estimated
delivery date. Tickets will be shipped when available, and choice of an
expedited delivery method does not guarantee that tickets will be shipped
immediately. USER should check the notes in the ticket listings and the
seller's comments and delivery box information after selecting a delivery
method on the checkout page for the estimated delivery date and detailed
information about the ticket delivery dates and methods.
International
Shipping. Customers outside of the United States must choose an International
Delivery option. If a domestic shipping option is chosen for an order to be
shipped outside the United States, the shipping cost will be adjusted by the
FULILLER after the order is placed to use the International Rate.
Delivery
Verification. If USER specifies a shipping address that does not allow for
Delivery Verification, such as a Post Office Box, USER may be required to pay
an additional fee to cover the additional risks associated with this type of
order. If such a shipping address is used, the FULFILLER will, at their
discretion, either contact USER about the additional fee prior to shipping or
cancel USER's order and notify USER of such cancellation.
Permitted
Use. USER agrees that USER is only authorized to visit, view and to retain a
copy of pages of this SITE for USER's own personal use, and that USER shall not
duplicate, download, publish, modify or otherwise distribute the material on
this SITE for any purpose other than to review event and promotional
information, for personal use, or to purchase tickets or merchandise for USER's
personal use, unless otherwise specifically authorized by SITE to do so. The
content and software on this SITE is the property of SITE and/or its suppliers
and is protected by U.S. and international copyright laws.
Links.
The SITE may automatically produce search results that reference or link to
third party SITEs throughout the World Wide Web. SITE has no control over these
SITEs or the content within them. SITE cannot guarantee, represent or warrant
that the content contained in the SITEs is accurate, legal and/or inoffensive.
SITE does not endorse the content of any third party SITE, nor do we warrant
that they will not contain viruses or otherwise impact USER's computer systems.
By using the SITE to search for or link to another SITE, USER agrees and
understands that USER may not make any claim against SITE for any damages or
losses, whatsoever, resulting from use of the SITE to obtain search results or
to link to another SITE. If USER experiences a problem with a link from the
SITE, please notify us at [email protected] and we will
investigate USER's claim and take any actions we deem appropriate at our sole
discretion.
Violation
of the Terms. SITE, in its sole discretion, and without prior notice, may
terminate USER's access to the SITE, cancel USER's ticket order or exercise any
other remedy available to it. USER agrees that monetary damages may not provide
a sufficient remedy to SITE for violations of these terms and conditions and
USER consents to injunctive or other equitable relief for such violations. SITE
may release USER information by operation of law, if the information is
necessary to address an unlawful or harmful activity against SITE. SITE is not
required to provide any refund to USER if USER is terminated as a USER of this
SITE.
Intellectual
Property Information. For purposes of these Terms, CONTENT is defined as any
information, communications, software, photos, video, graphics, music, sounds,
and other material and services that can be viewed by users on our site. This
includes, but is in no way limited to, message boards, chat, and other original
content. By accepting these TERMS, USER acknowledge and agree that all CONTENT
presented to USER on this site is protected by copyrights, trademarks, service
marks, patents or other proprietary rights and laws, and is the sole property
of SITE and/or its Affiliates. USER is only permitted to use the CONTENT as
expressly authorized by us or the specific CONTENT provider. Except for a
single copy made for personal use only, USER may not copy, reproduce, modify,
republish, upload, post, transmit, or distribute any documents or information
from this site in any form or by any means without prior written permission
from us or the specific CONTENT provider, and USER are solely responsible for
obtaining permission before reusing any copyrighted material that is available
on this site. Any unauthorized use of the materials appearing on this site may
violate copyright, trademark and other applicable laws and could result in
criminal or civil penalties. Neither we or our Affiliates warrant or represent
that USER's use of materials displayed on, or obtained through, this site will
not infringe the rights of third parties. All other trademarks or service marks
are property of their respective owners. Nothing in these TERMS grants USER any
right to use any trademark, service mark, logo, and/or the name of SITE or its
Affiliates.
SITE
reserves the right to terminate the privileges of any USER who uses this SITE
to unlawfully transmit or receive copyrighted material without a license or
express consent, valid defense or fair use exemption to do so. After proper
notification by the copyright holder or its agent to us, and confirmation
through court order or admission by the USER that they have used this SITE as
an instrument of unlawful infringement, we will terminate the infringing USERS'
rights to use and/or access to this SITE. We may, also in our sole discretion,
decide to terminate a USER's rights to use or access to the SITE prior to that
time if we believe that the alleged infringement has occurred.
Disclaimers.
SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR
PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR
LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS"
AND "AS-AVAILABLE" BASIS. SITE MAKES NO ASSURANCES THAT FILES USER
ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR
DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED
INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING
FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT,
VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS
OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF
WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE.
SITE
DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY
THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN
CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER'S USE OF THE SITE
AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES,
ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR
OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation
on Liability. Except in jurisdictions where such provisions are restricted, in
no event will SITE be liable to USER for any indirect, vicarious,
consequential, exemplary, incidental, special or punitive damages, including
lost profits, even if SITE has been advised of the possibility of such damages.
USER further agrees that the maximum available remedy on any successful claim
is a refund of the amount paid by the USER when placing an order through SITE.
Indemnity.
USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers,
agents and other partners and employees, harmless from any loss, liability,
claim or demand, including reasonable attorneys' fees, made by any third party
due to or arising out of USER's use of the SITE, including also USER's use of
the SITE to provide a link to another site or to upload content or other
information to the SITE.
Governing
Law. USER agrees that any controversy or claim arising out of or relating to
the use of SITE will be governed by the laws of the State of Connecticut
without regard to its conflict of law provisions. USER agrees to personal
jurisdiction by venue in the state and federal courts of the State of
Connecticut, Hartford County.
Arbitration.
Any controversy or claim arising out of or relating to the use of the SITE, or
any alleged breach of these policies, shall be resolved through binding
arbitration in the jurisdiction of UniversalStubs.com's headquarters, Hartford
County, Connecticut, and administered by the American Arbitration Association
in accordance with its Commercial Arbitration Rules including the Optional
Rules for Emergency Measures of Protection. Any award issued through
arbitration is enforceable in any court of competent jurisdiction.
Any
arbitration or trial by a judge of any claim will take place on an individual
basis without resort to any form of class or representative action ("Class
Action Waiver"). Regardless of anything else in this Arbitration
Provision, the validity and effect of the Class Action Waiver may be determined
only by a court and not by an arbitrator. USER and SITE acknowledge that the
Class Action Waiver is material and essential to the arbitration of any
disputes between the parties and is non-severable from the agreement to
arbitrate claims. If the Class Action Waiver is limited, voided or found
unenforceable, then the parties' agreement to arbitrate shall be null and void
with respect to such proceeding, subject to the right to appeal the limitation
or invalidation of the Class Action Waiver. USER AND SITE ACKNOWLEDGE AND AGREE
THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
Force
Majeure. UniversalStubs.com shall not be deemed in default or otherwise liable
under these rules and policies due to its inability to perform its obligations
by reason of any fire, earthquake, flood, substantial snowstorm, epidemic,
accident, explosion, casualty, strike, lockout, labor controversy, riot, civil
disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or
any municipal, county, state or national ordinance or law, or any executive,
administrative or judicial order (which order is not the result of any act or
omission which would constitute a default hereunder), or any failure or delay
of any transportation, power, or communications system or any other or similar
cause not under UniversalStubs.com'S control (hereinafter all of the foregoing
is collectively referred to as "Force Majeure"). Notwithstanding the
foregoing, UniversalStubs.com shall be permitted to terminate this Agreement
with or without notice to the USER in the event that UniversalStubs.com is
prevented from performing hereunder due to FORCE MAJEURE.
Registration.
Certain areas of the SITE are provided solely to registered USERs of the SITE.
Any USER registering for such access agrees to provide true and accurate
information during the registration process. SITE reserves the right to
terminate the access of USERs should SITE know, or have reasonable grounds to
suspect that a USER has entered false of misleading information during the
registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF
AGE. Children under the age of eighteen (18) shall not be permitted to
register. SITE reserves the right to require valid credit card information as
proof of legal age. SITE maintains a strict online Privacy Policy and will not
sell or provide USER credit card information to third parties.
USER
Account. USER will select a username and password as part of the registration
process. All USER account pages are protected with Secure Socket Layer (SSL)
encryption. USER is fully responsible for maintaining the confidentiality of
their username and password. USER agrees to immediately notify SITE at
[email protected] should USER know, or have reasonable
grounds to suspect, that the username or password have been compromised. SITE
shall not be responsible for USER's failure to abide by this paragraph. SITE
may, in its sole discretion, terminate the USER's account for any reason. Under
no circumstances shall SITE be liable to any USER or third party for
termination of a USER's account.
Third
Party Advertisers. SITE may allow third party advertisers to advertise on the
SITE. SITE undertakes no responsibility for USER's dealings with, including any
on-line or other purchases from, any third party advertisers. SITE shall not be
responsible for any loss or damage incurred by USER in its dealings with third
party advertisers.
Privacy
Policy. This privacy policy, herein referred to as the Privacy Policy, covers
SITE's treatment of personal or personally identifiable information, herein
referred to as Personal Information, that may be collected when USER is on the
SITE and when USER uses UniversalStubs.com services. This Privacy Policy does
not apply to the practices of companies or individuals that UniversalStubs.com
does not own or exercise supervisory control over, or to third party
advertisers on the SITE.
This
Privacy Policy discloses the privacy practices for http://universalstubs.com.
It applies solely to information collected by this website. This Privacy Policy
will notify you of the following:
What
personally identifiable information is collected from you through the web site,
how it is used, and with whom it may be shared.
What
choices are available to you regarding the use of your data.
The
security procedures in place to protect the misuse of your information.
How you
can correct any inaccuracies in the information.
Information
Collection, Use, and Sharing. We are the sole owners of the information
collected on this SITE. We only have access to or collect information that USER
voluntarily gives us via email or other direct contact from USER. We may sell
your personal information to non-financial organizations, such as companies
engaged in direct marketing and the selling of consumer products and services.
We will
use USER information to respond to USER regarding the reason USER contacted us.
We will not share USER information with any third party outside of our
organization, other than as necessary to fulfill USER request, e.g. to ship an
order, or, in some circumstances, to partner with another company to provide certain
content, programs and services. In those cases, we will require our third party
agents to maintain the confidentiality of the data. In those situations, when
USER provides personal information, it may be sent directly to the partner
company, or we may share the information with our partner company. Unless USER
asks us not to, we may contact USER in the future to tell USER about specials,
new products or services, or changes to this privacy policy. We are not
responsible for the policies or offerings of any third party, and we urge USER
to review third party's policies and terms and conditions, as they may vary.
SITE
will respond to a verified law enforcement, or other governmental department
request or subpoena relating to a criminal investigation or alleged illegal
activity. In such events, SITE will disclose information relevant to the
investigation such as name, city, state, zip code, telephone number, email
address, fraud complaints, and credit card information. SITE reserves the right
to report to law enforcement agencies any activities that it believes, in good
faith, to be unlawful.
USER
Access to and Control Over Information.
USER
can do the following, at any time, by contacting us via the email address or
phone number given on our website:
Opt out
of any future contact from us;
See
what data we have about USER, if any;
Change
or correct any data we have about USER;
Have us
delete any data we have about USER; and
Express
any concern you have about our use of USER data.
SecurityWe
take precautions to protect USER information. When USER submits sensitive
information via the website, USER information is protected both online and
offline.
Whenever
we collect sensitive information (such as credit card data), that information
is encrypted and transmitted to us in a secure way. USER can verify this by
looking for a closed lock icon at the bottom of USER web browser, or looking
for "https" at the beginning of the address of the web page.
While
we use encryption to protect sensitive information transmitted online, we also
protect USER information offline. Only employees who need the information to
perform a specific job (for example, billing or customer service) are granted
access to personally identifiable information. The computers and servers in which
we store personally identifiable information are kept in a secure environment.
If USER
feels that we are not abiding by this Privacy Policy, USER should contact us
immediately via telephone at (866)459-9233 or via email at
[email protected]
Copyright
Infringement NotificationShould you wish to file a copyright infringement
notification with UniversalStubs.com, you will need to send a written or
electronic communication that includes all of the following, as based on
Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
A
physical or electronic signature of a person authorized to act on behalf of the
owner of the material that has allegedly been infringed.
Identification
of the material that is claimed to be infringing or to be the subject of
infringing activity. *Please provide the URL(s) in the body of your email or
letter, as this will help us to identify the potentially infringing material.
Contact
information of the complainant.
A
statement that the complainant has a good faith belief that use of the material
in the manner complained of is a copyright violation.
A
statement that the information in the notification is accurate, and under
penalty of perjury, that the complainant is authorized to act on behalf of the
owner of material that has allegedly been infringed.
Written
or electronic notice of copyright infringement should be mailed, faxed, or
emailed to UniversalStubs.com's designated agent at:
Copyright
Complaints
TicketNetwork
75
Gerber Road East
South
Windsor, CT 06074
Fax:
860-760-6699
Email:
[email protected]
Please
note the following:
Under
Section 512(f) of the DMCA, any person who knowingly misrepresents that
material or activity is infringing may be subject to liability for damages.
Service
and Advertising Emails. SITE may send USER several service related emails to
the email address given when placing an order. These include a confirmation
email with details of USER'S order, a pre-event email reminder about the event
to be attended, and a post-event email gathering feedback on the USER'S
experience. When USER places an order, SITE will also add USER to our weekly
mailing list to be informed of upcoming events. USER can opt out of these
emails at any time by notifying [email protected]
Amendments.
SITE reserves the right to amend this policy at any time. SITE will contact
registered USERs by email or shall post a notice of changes in its SITE, when
and if the terms of this policy are amended.
Last
Updated: 08/22/2011