DISCLAIMER
Airborne Tickets service provides a system for you to purchase tickets to events from promoters or venues. Accordingly, your purchase is from the specific promoter or venue and not from us. Any disputes that you may have regarding the ticket(s) that you have purchased are solely between you, the purchaser, and the promoter or venue that has offered and sold the ticket(s) to you via Airborne Tickets’ service. You agree to hold Airborne Tickets harmless and to indemnify us from any losses, fees, costs, attorney’s fees and damages of any and all nature regarding any legal issues arising from your purchase of tickets via our service, your loss of any such tickets, and your use of the tickets or your experience at the event that you gain entry to via the ticket that you have purchased.
Airborne Tickets Purchase Policy:
Airborne Tickets Purchase Policy: please carefully review this Purchase Policy before using any of our tools or services. Your usage of any tool or service that Airborne Tickets provides is you express indication that you agree to be bound by each and every term and condition of this Purchase Policy.
The following policies apply to your purchase of tickets through the Airborne Tickets web site. These policies are subject to these Terms of Use, which are incorporated by reference as if fully set forth within this document.
Please be advised that there may be additional terms or restrictions as required by the venue or promoter and you are encouraged to review such terms and conditions as set forth by those parties.
Generally, should the venue or promoter cancel an event, they will provide for a refund of the ticket price. Airborne Tickets will not provide for any such refund and your use of the Airborne Tickets services is your express indication to Airborne Tickets that in the event that you seek a refund for any purpose, you will rely solely on the refund policies of the venue or promoter in order to obtain the refund that you might seek, unless the promoter or venue has authorized Airborne Tickets to release a refund to you. In the event that Airborne Tickets is authorized by a promoter or venue to issue a refund, only the actual ticket price will be refunded, Airborne Ticket’s service charges will not be refunded.
Venues and promoters may set purchase limits on the number of tickets one customer may purchase. Customers who attempt to exceed these limits may find their orders not fulfilled. Airborne Tickets acts as a sales agent for venues and promoters. Airborne Tickets has no control over the number of tickets offered or the placement of the seats that are made available for purchase. Some tickets may become “locked” and are not available for a short period of time and subsequently released if the lock (due to a purchase being in process but not completed) is released.
In the event that Airborne Tickets has charged you an incorrect amount for your ticket, due to a pricing error committed by Airborne Tickets, upon your request, Airborne Tickets will cancel your order and refund the amount of the ticket to you, regardless of how the pricing error took place; however you must request the refund at least 36 hours prior to the event the ticket has been issued for as well as within 48 hours of the day of purchase. No replacement ticket will be provided and you will have to repurchase a new ticket, if available. If the promoter or venue has incorrectly set the ticket price, your only recourse is to request reimbursement for the over charge directly from the promoter or venue.
All sales are final. Airborne Tickets cannot refund or exchange any order once it has been confirmed. Tickets are like cash and cannot be replaced or refunded if lost or stolen so please take all reasonable precautions to not lose your ticket related data, information or the final printed ticket itself, should one be presented to you.
The private resale of ticket may be prohibited or otherwise restricted by Federal State and Local laws and regulations. Prior to reselling any tickets uses should check with the appropriate authorities or private legal counsel to determine if any such legal restrictions exist and apply to the particular resale contemplated by the user.
SMS MARKETING AGREEMENT
20/20 Management Corp dba Airborne Tickets provides mobile SMS marketing opt-in based text message advertising services (“Services”) and the following Agreement sets forth the terms and conditions regarding your use of those Services. Customers opt-in to the service by sending a text message with a customer specific 3-12 character long keyword to short code provided by Airborne Tickets.
An automatic confirmation message is sent to new clients when they opt-in to the Service. The message sent will include the following opt-out related information: Opt-out: txt STOP to “XXXXX”. Help: txt HELP to “XXXXX”. Mx 6 msgs/wk. Other rates apply. For example: Buy New Hats at Smith Store by calling XXXXX. Hurry, sale ends son! Opt-out: txt STOP to “XXXXX”. Help: txt HELP to “XXXXX”. Mx 6 msgs/wk. Other rates, fees, and costs may apply.
1. USER ELIGIBILITY
1.01 You represent and warrant that you are the person legally responsible for all use of this account, and are at least 18 years of age. You agree to provide Airborne Tickets with your full legal name, mailing address and telephone number for our records, and you have a continued obligation to keep this information current and accurate. You also agree that you are an authorized user of any credit card or other payment source/method that you provide to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent online check, credit card and/or any other method of payment delivery.
2. CONTENTS OF MESSAGES SENT
2.01 You are responsible for the contents of your text messages and the consequences thereof. You further agree not to use our SMS Marketing Services to send any text messages that are not based in customer opt-in or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or may otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law, regulation or court order. Airborne Tickets reserves the right to terminate your account without prior notice if we becomes aware of and determines, in its sole discretion, that you are violating any of the foregoing guidelines.
3. UNLAWFUL OR PROHIBITED USE
3.01 As a condition of your use of our SMS Marketing Service you warrant to Airborne Tickets that you will not use our SMS Marketing Service for any unlawful purpose, as defined by any federal or state law, act or regulation.
4. PRICING
4.01 Service and text message fees are displayed on ENTER WEB PAGE WHERE FEES ARE POSTED HERE. All fees are payable in advance. Marketing text messages are charged separately to Customer in advance. All fees are subject to change without a prior notice to you.
5. TERM
5.01 The initial term of this Agreement is three months. After the initial term this Agreement will automatically renew in terms of three months unless cancelled 30 days prior the end of the ongoing term.
6. TERMS OF PAYMENT
6.01 You agree to pay us the appropriate payment for the services that we provide you in advance for the time period during which such services are provided. You agree to provide us with current billing and contact information and authorize us to bill all account and related charges to the credit card, online checking account or other authorized payment source. You further agree that until and unless you notify us in writing of your desire to cancel any or all services received and complete the cancellation process as required, those services will be paid in full at the time of cancellation. You agree that prepayments will be billed and charged automatically, that we may apply the amount due to the provided card at any time.
6.02 Credit Card Payments. If a charge submitted by us to your credit card is denied for any reason on the first attempt, we will automatically attempt to resubmit the charge to your card. A credit card resubmission fee of $10.00 will be charged against the account for every time we attempt resubmission. Should the card be denied a second time, we may terminate the account, and the resubmission fee must be paid by you before your account can be reactivated. All files within the account may be deleted on termination. You may notify us in advance of your next billing cycle your desire to provide for alternative payment arrangements.
7. SPAM POLICY
7.01 We have a zero tolerance policy against the sending of unsolicited text messages, commonly known as spam. Any user who sends out spam will have their account terminated without notice. All commercial text messages must comply with all applicable federal, state or local laws. You agree to hold us harmless and to indemnify us against any losses, fees, damages, costs and reasonable attorney’s fees regarding any legal issues, actual or threatened, that arise from spam that you issue through or via our Service.
8. MONITORING OF SERVICE WE PROVIDE
8.01 You agree that we have the right to monitor the service through automated processes at any time and to disclose any information as necessary law enforcement officials, or to protect the legal interests of our company, the public and our users. We reserve the right to refuse to post or to remove any information or content, in whole or in part, that, in our sole discretion, is objectionable or in violation of the terms and conditions of this Agreement. We do not issue refunds unless upon investigation, we determine in our sole discretion that we have failed to provide the service that you have paid for. We may monitor any and all communications sent through our systems. You agree that our services are not considered a “secure communications medium” as defined by the ECPA, and that no expectation of privacy is afforded in the event that such service is monitored and/or disclosed unless otherwise provided by law.
9. TERMINATION
9.01 We may terminate this agreement and your access to any or all related services at any time, with or without due cause, through the provision of a thirty day notice to you, which may be sent by SMS message or email, at our sole discretion. We shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You may terminate your account by contacting our support department.
10. RELATIONSHIP OF THE PARTIES
10.1 Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.
11. DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
11.01 THE SERVICES PROVIDED ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WHERE IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WE EXPRESSLY DISCLAIM ANY REPRESENTATION OR WARRANTY THAT OUR SERVICES WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY OUR EMPLOYEES, OFFICERS, DIRECTORS, CONTRACTORS, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.
UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE OUR SERVICES, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS OUR DATABASE, RECORDS, PROGRAMS OR SERVICES. YOU HEREBY ACKNOWLEDGE THAT THIS PROVISION WILL APPLY WHETHER OR NOT WE ARE GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL SERVICES AVAILABLE FROM US.
UNDER NO CIRCUMSTANCES, UNDER THE TERMS OF THIS AGREEMENT, SHALL DAMAGES INCLUDE LOSS OF BUSINESS, OR LOSS OF PROFITS, WHETHER BASED ON BREACH OF AGREEMENT, BREACH OF WARRANTY, PRODUCT LIABILITY, OR OTHERWISE, TO ANY PARTY IN PRIVY TO THIS AGREEMENT, OR ANY THIRD PARTY NOT SO SITUATED.
12. INTELLECTUAL PROPERTY NOTICE
12.01 All material presented on our website, or via our services, is protected by Federal and State copyright law. All rights are reserved. All trademarks are protected by State and Federal trademark law, and international regulations, treaties and agreements and may not be used without the written permission of their lawful owner.
13. FORCE MAJEURE
13.01 If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond our control, or if we are unable to perform in whole or in part our obligations as set forth in this Agreement, then we shall be relieved of those obligations to the extent we are so unable to perform and such inability to perform shall not make us liable to the you or other third parties and entities.
14. GOVERNING LAW
14.01 California law shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction’s laws. In any litigation, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both), or seeks a declaration of any rights or obligations under this Agreement, each party shall be responsible for their respective attorneys’ fees and costs. The parties consent to the exclusive jurisdiction and venue of the courts of the State of California or to any Federal Court located within the State of California.
15. SEVERABILITY AND SURVIVABILITY
15.01 Severability. If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.
15.02 Survivability. The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely – warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.
16. INDEMNIFICATION
16.01 You agree to defend, indemnify and hold us harmless against any and all claims, losses, penalties, causes of action, damages, liability, costs, expenses (including but not limited to attorneys’ fees and costs) or claims caused by or resulting indirectly from your use of the service, without limitation or exception, including your violation of any third-party’s rights, (including, without limitation, infringement of any copy right trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of this Agreement.
17. ASSIGNMENT
17.01 You may not transfer or assign this Agreement in whole or in part to any third party or entity. We may transfer the entirety of this Agreement without prior notice to you upon the merger, sale or acquisition of our corporation by any third party or entity.
18. ENTIRE AGREEMENT
18.01 This Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supersede any prior Agreements between the parties with respect thereto.
19. WAIVER
19.01 Our failure to enforce a provision of this Agreement shall not be construed as a waiver or limitation of our rights to subsequently enforce and compel strict compliance with every provision of this Agreement.
20. MODIFICATION OF TERMS
20.01 We reserve the right to modify this policy at any time and without advance notice, effective upon making the modified provisions available on our website. You agree to review this Agreement each time you use our services. Continued use of our services after any such changes shall constitute your consent to such changes. We do not and will not assume any obligation to notify you of any changes to the terms and conditions of this Agreement.
