Terms and Conditions of Service
All venues or event organizers (referred to as “the client” throughout this document) that utilize the software and services of Sanctuary Media Group and EventTicketSystems.com agree to the following terms and conditions set forth in this agreement.
We reserve the right to modify these terms at any time without notice but will strive to keep you updated whenever possible.
If you are a client of Sanctuary Media Group and utilize our product EventTicketingSystems.com you agree to and acknowledge the following:
(The client is the person listed as the Master Admin on the account.)
1. GRANT OF LICENSE FOR USE. Subject to the terms of this Agreement, Sanctuary Media Group grants to you, the user, non-exclusive, non-sub licensable and limited license to use the Event Ticketing Systems software and services developed and provided by us.
2. RESPONSIBILITY. The client is solely responsible for maintaining their website, event information and content published within our software concerning the details of the event including, but not limited to: on sale dates, termination dates, number of tickets to be sold, venue address, and ticket price. We will not be responsible in any way if an event is oversold or misrepresented in any way.
3. CUSTOMER REIMBURSEMENTS AND REFUNDS. The client also agrees to reimburse for any and all costs, expenses, or losses incurred due to the over-selling of an event. The client acknowledges that we retain control over all content and listings within our software and website.
4. SALE CUT OFF TIMES. The client agrees to turn off online sales for every event sold through EventTicketSystems.com at least one hour prior to the event doors opening.
5. EVENT CANCELLATIONS. If your event is cancelled, the client will provide full refunds to all fans within 72 hours.
6. EVENT CAPACITY AND SAFETY. The client is responsible for ensuring that the number of tickets sold to an event does not exceed the number of guests who can attend the event safely.
7. ACCESS TO SOFTWARE AND EVENT LISTINGS. The client acknowledges that Sanctuary Media Group retains control over all content and listings entered into EventTicketSystems.com and on our website.
8. ADVANCE TICKETS. The client agrees not to sell any advance tickets at a higher price than the one advertised on their website or within EventTicketSystems.com. The client may sell tickets in advance that are less than the door price.
9. TAXES. The client must add to the face value of its tickets all city, county, municipality, district, state or federal taxes that apply to the admission, ticket, or right to occupy a seat at any event covered under this agreement. The client assumes all responsibility for payment of such taxes to the appropriate authorities, and agrees to indemnify and to hold harmless Sanctuary Media Group from and against any and all liability for collection and/or payment of such taxes.
10. CUSTOMER PRIVACY. The client agrees to follow and be obligated by the privacy policy and security statements on EventTicketSystems.com concerning customer information.
11. PUBLICATION OF EVENTS. The client agrees that their events may be listed on EventTicketSystems.com or Sanctuarymg.com. You may request that your events are not published on our site. Please contact us at any time.
12. RESTRICTIONS. You may not rent, lease, subdivide, modify, translate or sublicense any code/service provided by Sanctuary Media Group or EventTicketingSystems.com unless specifically stated in writing and signed by an authorized representative of all parties involved. You may not (i) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any of our source code, underlying ideas, algorithms, trade secrets or other proprietary information by any means whatsoever, (ii) create derivative works from or otherwise modify this source code, or (iii) copy or otherwise reproduce the source code.
13. OWNERSHIP. Any source code is owned by Sanctuary Media Group and it’s assigned. Source code and programming methods are the valuable trade secrets of Sanctuary Media Group and are protected by United States Copyright and other laws, international treaty provisions and applicable laws, including intellectual property, of the country in which it is being used. The software is licensed and not sold to you.
Except as licensed in this Agreement, Sanctuary Media Group retains all right, title and interest in and to the source code of applications worldwide.
14. TERM AND TERMINATION. This Agreement is effective for the period of services purchased by you. You may terminate this Agreement at any time and without cause by supplying written or email notification via letter or facsimile and ceasing to utilize EventTicketSystems.com and supporting services. Sanctuary Media Group shall not be obligated to refund any monies paid except as stated in our refund policy. Your rights under this Agreement will terminate automatically without notice from Sanctuary Media Group if you fail to comply with any term(s) of this Agreement.
15. CONFIDENTIALITY. Sanctuary Media Group will use reasonable efforts to prevent the unauthorized disclosure of your confidential information and data. Sanctuary Media Group, however, will not be responsible for any matter beyond its reasonable control, including, without limitation, unauthorized electronic access of your confidential information or data. In the event that Sanctuary is served a subpoena or is otherwise legally compelled to provide access to your data, we will provide you with notice of the same as soon as practical to enable you to take action you deem necessary to prevent any such access.
16. CONTROLLING LAW AND SEVERABILITY. This Agreement is governed by the laws of the United States and the State of Ohio, without reference to the conflict of laws principles. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. No provision of this Agreement shall be deemed waived unless such waiver shall be in writing and signed by a duly authorized representative of Sanctuary Media Group. You may not assign the benefits of this Agreement to any other party. Customer agrees to personal jurisdiction by the state and federal courts sitting in the State of Ohio. If any provision of this Agreement, or portion thereof, is held to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
17. LIMITED WARRANTY. You understand that there are certain risks inherent in the operation of computer software, hardware and the Internet. Sanctuary Media Group cannot and shall not be responsible for loss of data resulting from improper use of the Service, failure or improper use of your hardware, the internet or acts of God and other matters not under the control of Sanctuary Media Group as more fully described in Section 20 below.
18. NO OTHER WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SERVICES AND APPLICATIONS ARE PROVIDED “AS IS.” SANCTUARY MEDIA GROUP DISCLAIMS ALL OTHER WARRANTIES, EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON- INFRINGEMENT. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THIS LIMITATION MAY NOT APPLY TO YOU.
19. LIABILITY LIMITATION. IN NO EVENT, INCLUDING NEGLIGENCE, SHALL SANCTUARY MEDIA GROUP, AND ITS SUPPLIERS, BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) OR ANY OTHER DAMAGES OR LOSSES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, EVEN IF SANCTUARY MEDIA GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE AND UNDERSTAND THAT IN NO EVENT SHALL SANCTUARY MEDIA GROUP’S TOTAL LIABILITY TO YOU EXCEED THE LIST PRICE SANCTUARY MEDIA GROUP CHARGES YOU TO USE THE SERVICES/ APPLICATIONS EVEN IF SANCTUARY MEDIA GROUP SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING PROVISIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.
20. FORCE MAJEURE. Notwithstanding any warranty provided herein, Sanctuary Media Group shall not be liable for nonperformance, delay, errors, data loss or other loss caused by any event reasonably beyond our control including, but not limited to acts of God, war, hostilities, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.
21. FORFEITURE OF RIGHT TO LITIGATE IN COURT OF LAW. All parties agree to be bound by the judgment of a 3rd party arbitrator from the American Arbitration Association. All parties agree to waive the right to litigation in any court of law and submit to the findings/judgments of the 3rd party arbitrator from the American Arbitration Association.
If customer ignores this forfeiture of right to litigate this Agreement shall be construed and controlled by the laws of the State of Ohio. Further, the laws of the State of Ohio will govern any dispute arising from the terms of this agreement or a breach of this Agreement.
22. INDEMNIFICATION. Customer agrees to indemnify and hold Sanctuary Media Group harmless from any dispute which may arise from a breach of terms of this Agreement. Customer agrees to hold Sanctuary Media Group harmless from any claims and expenses, including reasonable attorney’s fees and court costs, related to Customer’s violation of this Agreement
23. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the services/applications provided by Sanctuary for use on your web site and supersedes all prior or contemporaneous understandings regarding this subject matter.