TERMS AND CONDITIONS - TICKET BUYERS

 

Updated: July 20th, 2010



PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE PURPLEPASS.COM WEBSITE (the "Site").

This Site is fully controlled and operated under the name Purplepass, a wholly-owned subsidiary of Gafana Enterprises, Inc. ("Purplepass” or “Us”). By accessing and using this Site, you are hereby agreeing to be legally bound by the terms and conditions of Purplepass (the "Agreement"). Please note that this Site and the Services (as defined below) offered are only open to users 13 years of age or older. If you do not agree with all of the following terms and conditions, please do not use this Site.
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Without limiting the foregoing, we may occasionally notify you by email about changes to the Site or provide notices of changes by displaying notices or links to notices to you generally on the Site. Please review the terms and conditions periodically. Your continued use of the Site following the posting of changes and/or modifications will constitute your acceptance of the revised terms and conditions.




Ownership of intellectual property

All site software, design, text, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, or other copyrightable elements, and the selection and arrangements thereof, and trademarks, service marks and trade names (the "Material") are the property of Purplepass and/or its subsidiaries, affiliates or assigns or Purplepass’ licensers or other respective owners and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark and other applicable laws. Purplepass hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Material for noncommercial and personal use only provided that you maintain all copyright and other notices contained in such Material. You agree not to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate any Material to any third party (including, without limitation, the display and distribution of the Material via a third party website) without the express prior written consent of Purplepass. Use of Purplepass Media and/or its licenser' material is only permitted with their express written permission. You further agree that you will not disassemble, decompile, reverse engineer or otherwise modify the Material. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable federal and state laws.




Privacy policy

Please read the Purplepass Privacy Policy for information on how we collect and use user's personal information



Purchase policy

Purplepass is an online processing and distribution company. The ticket(s) you purchase on this site are processed by Purplepass on behalf of the entities presenting the applicable event, and all refunds due you for such ticket(s) are subject to Purplepass receiving the refunded purchase price from the applicable presenting entity. By purchasing tickets on this site you agree that you are entering into a binding agreement with Purplepass, on the terms and conditions set forth hereinto, including, without limitation the following:

  1. By purchasing tickets on this site, you are deemed to have provided your digital signature on a contract
  2. All sales are final
  3. Cancellation of your order is not permitted after the order is processed
  4. If the event is cancelled, you will receive a refund minus the service charge and delivery fee (if applicable), which are not refundable. Refunds are granted only if Purplepass receives permission from the event's presenting entity, as well as the return by the events presenting entity of your ticket purchase price
  5. If you encounter problems at the event, you must file a complaint with Purplepass via email to support@purplepass.com within 5 business days following the date the event is scheduled to take place
  6. Failure to request a refund during such 5 day period will be a complete waiver of your right to a refund
  7. You cannot request a refund or exchange items of your order purchased for other items on the Purplepass website, regardless of the situation, but not limited to inclement weather, natural disasters, extended waits in line, family emergencies, medical emergencies, etc.
  8. Event personnel at the venue (venue management) will have the right to refuse entry to any ticket holder, without a refund, for any reason at their discretion, whom is disorderly or fails to comply with rules of the venue
  9. The venue and talent for the event are subject to change without notice, which are not grounds for refund
  10. Purplepass, as a ticketing processer, is not guaranteeing or otherwise agreeing that the event presenter will act as advertised or otherwise promised.



Delivery methods

Below are the terms set forth for each type of delivery method available to you:

    1. Will call - Will call tickets must be picked up only on the day of the event with the original credit card used to purchase the tickets and a state issued picture ID. All will call tickets must be picked up at the same time. Not being able to pick up your tickets from will call because you do not have the above items is not grounds for a refund.
    2. Print-at-home - Your print-at-home ticket is your ticket to enter the event. The responsibility is solely on you, the purchaser, for being able to save, open, and print your tickets prior to the event. Not being able to print your tickets or forgetting to do so is not grounds for a refund. If you do not bring your print-at-home tickets with you to the door the night of the event, you will not be allowed in.
    3. Shipped Tickets - Shipping fees are nonrefundable. Tickets can not be shipped to a PO Box address. Allow up to 3 business days for express delivery and up to 10 business days for standard delivery. If you enter an undeliverable address you will not receive a refund. Hence, if the package needs to be resent additional shipping fees will apply. Delivery can only be shipped to the billing address.



Rules of conduct

You agreed that your use of the Services is subject to all applicable local, state, national and international laws and regulations and you are solely responsible for all acts or omissions that occur under your account or password, including, without limitation, the contents of your transmissions through the Services. User agrees not to:

    1. Disseminate content intended to harass, abuse, threaten, impersonate any other individual or entity, disseminate obscene, defamatory, indecent, harmful, libelous, unlawful and/or other objectionable material/information.
    2. Try to gain unauthorized access to the Services, other users' accounts, or computers connected to the Services though password mining or other means.
    3. Violate any applicable laws or regulations, including, but not limited to, laws regarding the transmission of technical data or software exported from the United States through the Services.
    4. Interfere with another user's use and enjoyment of the Services or any other individual's user and enjoyment of similar services.



Termination of the services

Purplepass may terminate the Services at any time with or without cause. Purplepass shall not be liable to user of any other party for termination of the Services. If you should object to any of the terms and conditions of the Services, you may:

  1. discontinue use of the Services or
  2. cancel your membership to the Services by contacting customer support at support@purplepass.com



DISCLAIMER AND LIMITATION OF LIABILITY

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE DISTRIBUTED AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.


Purplepass is not responsible or liable for any infections or contamination of your system, or delays, inaccuracies, errors, or omissions arising out of your use of this Site or with respect to the information and material contained on this Site. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PURPLEPASS, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSERS, REPRESENTATIVES, AND THIRD PARTY PROVIDERS TO THE SITE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR SIMILAR DAMAGES, THAT MAY RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS CONTAINED ON THIS SITE WHETHER THE MATERIAL IS PROVIDED OR OTHERWISE SUPPLIED BY PURPLEPASS OR ANY THIRD PARTY. Notwithstanding the foregoing, in no event shall Purplepass' liability to you for any and all claims, damages, losses, and causes of action (whether in contract, tort or otherwise) exceed the amount paid by you, if any, for accessing this Site.




Hyperlinks to third party sites

The appearance of external hyperlinks does not constitute endorsement by Purplepass, its subsidiaries and affiliates of the opinions or views expressed by these linked websites. Purplepass does not verify, endorse, or take responsibility for the accuracy, currency, completeness or quality of the content contained in these sites. Furthermore, Purplepass is not responsible for the quality or delivery of the products or services offered, accessed, obtained by or advertised by such sites. As such, neither Purplepass, its subsidiaries and affiliates will be responsible for any errors or omissions or for the results obtained from the use of such information contained in these sites. To the extent that these sites collect personal information (the "Information") or Postings from the end user, be advised that in no event shall Purplepass assume or have any responsibility or liability for the manner in which the Information or Postings are exploited or for any claims, damages, or losses resulting from their use and/or appearance on these sites. Finally, Purplepass will under no circumstances be liable for any direct, indirect, incidental or special loss or other damage, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within these sites.




Indemnification

You agree to indemnify, defend and hold harmless, Purplepass, its affiliates, and their respective officers, directors, employees, agents, licensors, representatives, and third party providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you. Purplepass reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Purplepass in asserting any available defenses.




Miscellaneous

Purplepass operates and controls this site from its offices in San Diego, United States of America. This site is intended exclusively for residents of the United States including residents of the United States, its territories and possessions. No software from this Site may be downloaded, exported or re-exported in violation of any law including, without limitation, to countries that are subject to U.S. export restrictions. This Agreement contains the entire understanding and supersedes all prior understanding of the parties hereto relating to the subject matter hereof, and cannot be changed or terminated orally. If any provision of this Agreement is found to be illegal or unenforceable, the Agreement will be deemed curtailed to the extent necessary to make it legal and enforceable and will remain, as modified, in full force and effect. This Agreement and all matters or issues collateral thereto will be governed by, construed and enforced in accordance with the Laws of the State of California applicable to contracts executed and performed entirely therein (without regard to any principles of conflict of laws), and jurisdiction for any court action in the State of California and County of Riverside.


For more information about Purplepass, send us an email to support@purplepass.com