1.1 Acceptance of Terms
Certain services or features of the Service, such as ticket sales and merchandise purchases may be subject to additional terms and conditions promulgated by Mymusicvenue from time to time; your use of such features is also subject to those additional terms and conditions.
1.2 Age Restrictions
Higher age restrictions may apply for specific services offered by Mymusicvenue (such as ticket sales) as notified to you by Mymusicvenue.
1.5 mymusicvenue Account
There are two ways you may be able to create a Mymusicvenue Account:
- Mymusicvenue Website account registration form Where you create an account directly on the Mymusicvenue Website, you will be asked to select a password and screen name (“Mymusicvenue Username”). You shall not (i) select or use as a Mymusicvenue Username a name of another person with the intent to impersonate that person; (ii) use as a Mymusicvenue Username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use as a Mymusicvenue Username a name that is otherwise offensive, vulgar or obscene. Mymusicvenue reserves the right to refuse registration of, or cancel, a Mymusicvenue Username in its sole discretion. You should use a different password for your Mymusicvenue Account to those that you use for your accounts with other online services.
- Social media / ID service account We may also allow you to create a Mymusicvenue Account by logging in to your account for a third party social network or ID service (such as Facebook, Google or Open ID). By using the Service through a third party social network or ID service, you permit us to access certain information from such account for use by the Service. You may control the amount of information that is accessible to us by adjusting your account privacy settings for such account.
You are solely responsible for activity that occurs on your Mymusicvenue and social media / ID service accounts and shall be responsible for maintaining the confidentiality of your account passwords. You shall never use another user’s account without such other user’s express permission. You will immediately notify Mymusicvenue in writing of any unauthorized use of your account, or other account related security breach of which you are aware.
If you wish to terminate your Mymusicvenue Account, you may do so by following the instructions in the Account Settings section of the Website. When you terminate your Mymusicvenue Account, we will delete your account information within sixty (60) days, with the exception of your Username (which we retain in order to avoid re-use), your profile image, and any events, images, or videos that you have previously added to Mymusicvenue, all of which will continue to be publicly attributed to your Username. You may contact us to request that the retained data be deleted, which Mymusicvenue may do at its discretion.
1.6 Service Rules and Conduct
- General You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit, link to or otherwise distribute or facilitate distribution of any content on or through the Service, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- involves commercial activities and/or sales without Mymusicvenue’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Mymusicvenue or any third party; or
- impersonates any person or entity, including any employee or representative of Mymusicvenue.
- You shall abide by all applicable local, state, national and international laws and regulations.
- Malicious access to the Mymusicvenue Service You shall not: (i) take any action that imposes or may impose (as determined by Mymusicvenue in its sole discretion) an unreasonable or disproportionately large load on Mymusicvenue’s (or its third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Mymusicvenue may use to prevent or restrict access to the Service (or other accounts, computer systems or networks connected to the Service); (iv) run Maillist, Listserv, any form of auto-responder or “spam” on the Service; or (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.
- Reverse engineering the Service You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder.
1.7 Your use of Content available on the Mymusicvenue Website
Through the Service, you may be able to access various resources, products, services, content, information and features, including but not limited to, exclusive artist content, contests, artist merchandise, downloadable media, advertisements, advice, suggestions, videos, audio clips, messages, information, data, text, photographs, software, scripts, images, graphics and other content (“Content”). Some of this content may only be accessible on or through certain parts of the Service. Mymusicvenue may, in its sole discretion, remove, modify, or otherwise change your ability to access any content on the Service at any time. Content specifically provided by Mymusicvenue or its partners may be protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws.
You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Service. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit any Content or third party submissions or other proprietary rights not owned by you: (i) without the consent of the respective owners or other valid right and (ii) in any way that violates any third party right.
You shall not store any significant portion of the Mymusicvenue Website in any form. Copying or storing of any Content for other than for personal, non-commercial use is expressly prohibited without prior written permission from Mymusicvenue or from the copyright holder identified in such Content’s copyright notice.
Please be aware that the Website or other features of the Service may contain, or direct you to websites containing, information that some people may find offensive or inappropriate.
Copyright and Trademark Notices
1.8 Our rights to use Content uploaded by you
The Service may provide you with the ability to upload, submit, disclose, distribute or otherwise post Content to the Service (the “User Submissions”). When you do so, the following apply:
- License from you to Mymusicvenue
You grant Mymusicvenue a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicensable and transferable to use, modify, reproduce, distribute, prepare derivative works of, display, publish, perform, and otherwise fully exploit (“Use”) the User Submissions in connection with the Website, the Service and Mymusicvenue’s (and its successors and assigns) business, including without limitation for promoting and redistributing part of the Website (and derivative works thereof) or the Service in any media formats and through any media channels (including, without limitation, third party websites). You understand that under this license Mymusicvenue shall have the right to reformat, excerpt, or translate any materials, content or information submitted by you. This license to Mymusicvenue does not affect your other ownership or license rights in your User Submission(s), including the right to grant additional licenses to the material in your User Submission(s), unless otherwise agreed in writing.
- License from you to other users
You represent and warrant (and will promptly demonstrate to Mymusicvenue’s satisfaction upon request): (a) that you own or otherwise control all rights to Use such User Submissions and that disclosure and Use of such User Submissions by Mymusicvenue (including without limitation, publishing content on or at the Website) will not infringe or violate the rights of any third party, including without limitation any intellectual property, privacy, publicity, contract or other rights of any person or entity; (b) that you have the permission to Use the name and likeness of each identifiable individual person and to Use such individual’s identifying or personal information, such as his or her Username(s), on the Service; and (c) that you are authorized to grant all of above licenses to your User Submissions to Mymusicvenue and all users of the Service.
You agree to pay all royalties and other amounts owed to any person or entity due to User Submissions that you post to the Service or third party sites via your Mymusicvenue Account.
1.9 Third Party Sites; Content linked to or from Third Party Sites
The Service may permit you to link to other websites or resources on the Internet, and other websites or resources may contain links to the Website or another feature of the Service. When you access third party websites, you do so at your own risk. These other websites are not under Mymusicvenue’s control, and you acknowledge that Mymusicvenue is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by Mymusicvenue or any association with its operators. You further acknowledge and agree that Mymusicvenue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Content, goods or services available on or through any such website or resource.
Through your Mymusicvenue Account you may be able to access, link to and display Content on or from your Mymusicvenue Account and your accounts or profiles with third party sites. The Service may allow you to specify the Content that will be accessed, linked to and displayed on or through your Mymusicvenue Account. You represent, warrant and agree that with respect to Content that you make available on third party sites you will in all cases comply with all applicable third party terms of services and any other obligations you may have with respect to that third party site.
1.10 Service and Content Disclaimer
The Service and Content provided by or through the Service is for entertainment and promotional purposes only, and should not be relied upon. Additionally, as stated above, some Content comes from third parties, including without limitation directly from a promoter, an artist, or a venue in some occasions. Therefore, Mymusicvenue makes no representations or warranties concerning the appropriateness, accuracy, reliability, usefulness, completeness, or timeliness of such Content or the Service.
You should independently verify all Content and other information that you access through the Service. Your use of or reliance on any Content is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom.
Mymusicvenue has no control over and no duty to take any action regarding:
- which users gain access to the Service;
- what Content you access via the Service;
- what effects the Content may have on you;
- how you may interpret or use the Content; or
- what actions you may take as a result of having been exposed to the Content.
Mymusicvenue does not endorse and has no control over any User Submission. All information publicly posted or privately transmitted through the Website or otherwise through the Service is the sole responsibility of the person from which such content originated and that Mymusicvenue will not be liable for any errors or omissions in any User Submissions. Mymusicvenue cannot guarantee the identity of any other users with whom you may interact in the course of using the Service or the authenticity of any data which users may provide about themselves.
1.11 Termination or Suspension of Service
Mymusicvenue may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your Mymusicvenue Account (including Content you have uploaded to the Mymusicvenue Website). Mymusicvenue may change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Website or by sending you an e-mail. Mymusicvenue may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. However, these provisions do not limit your statutory rights.
1.12 No warranty
To the fullest extent permitted by applicable law, the Service and any Content is provided “as is” and “as available” without warranty of any kind, express or implied, including, but not limited to, the implied warranties of title, non-infringement, merchantability, satisfactory quality and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade, all of which are expressly disclaimed. Mymusicvenue, and its directors, employees, agents, suppliers, partners and content providers do not warrant that: (a) the Service will be secure or available at any particular time or location; (b) any defects or errors will be corrected; (c) any Content available at or through the Service is free of viruses or other harmful components; or (d) the results of using the Service and/or Content will meet your requirements. Your use of the Service is solely at your own risk.
1.13 Limitation of Liability
Except as expressly stated herein and to the fullest extent permitted by applicable law in no event shall Mymusicvenue, nor its directors, employees, agents, partners, suppliers or content providers, be liable under contract, tort, strict liability, negligence or any other legal or equitable theory with respect to the Service (including, without limitation, any Content):
- for any lost profits, data loss, cost of procurement of substitute goods or services, or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, substitute goods or services (however arising);
- for any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
- for your reliance on the Service;
- any failure which results from any cause beyond Mymusicvenue’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference);
- User Submissions and Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, e-mailed, accessed, transmitted or otherwise made available via the Service; or
- for any direct damages in excess of (in the aggregate) one-hundred U.S. dollars ($100.00).
Nothing in these Terms excludes or limits the liability of Mymusicvenue and its directors, employees, agents, partners, suppliers or content providers for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability.
1.14 Access prohibited where illegal
Accessing the Service is prohibited from territories where the Service or any Content is illegal; you are responsible for compliance with local laws.
1.15 Entire Agreement and Severability
1.17 No waiver
1.18 Applicable law and jurisdiction
1.19 Exclusion of Liability
Mymusicvenue disclaims any and all liability for the acts, omissions and conduct of any third party users, advertisers and/or sponsors either on the Service, in connection with the Service or otherwise related to your use of the Service. Mymusicvenue is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party, including without limitation Resellers (defined below), in connection with or referenced on the Service. Without limiting the foregoing, you may report the misconduct of users and/or third party advertisers, service and/or product providers referenced on or included in the Service by contacting us by e-mail. Mymusicvenue may investigate the claim and take appropriate action, in its sole discretion.
In some cases, the Service connects users interested in purchasing tickets to third parties [or other users] who are reselling tickets to such events (“Resellers”). By using the Service, you acknowledge that you understand and agree that we do not employ, control, recommend, or endorse any Resellers, nor do we make any representations about the quality or legality of the services or tickets provided by such Resellers or your potential experiences with such Resellers. You agree that we have no obligation to intervene to resolve any disputes between you and any Resellers and that all transactions are ultimately solely between you and the Resellers.
The Service may automatically produce search results that reference or link to third party sites. Mymusicvenue has no control over these sites or the content within them. Mymusicvenue cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. By using the Service to receive information and links to another site, you agree, acknowledge and understand that you may not make any claim against Mymusicvenue for any damages or losses, whatsoever, resulting from your use of the Service to obtain such information or to links to another site. If you have a problem with a link from the Service, please notify us by e-mail and we will investigate your claim and take any actions we deem appropriate in our sole discretion.
1.20 Apple Device and Application Terms
If you are accessing the Service via an Application on a device provided by Apple, Inc. (“Apple”) or an Application obtained through the Apple App Store, the following shall apply:
- Both you and Mymusicvenue acknowledge that these Terms are concluded between you and Mymusicvenue only, and not with Apple, and that Apple is not responsible for the Application or the Content;
- The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Service;
- You will only use the Application in connection with an Apple device that you own or control;
- You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
- You acknowledge and agree that Mymusicvenue, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application;
- You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Mymusicvenue, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
- Both you and Mymusicvenue acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both you and Mymusicvenue acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. (edited)
2. Terms of Sale
These Terms of Sale apply to tickets and merchandise purchased through the Mymusicvenue Website. Furthermore, some ticket or merchandise sales, such as Fan Club Presales or Fan Club Merchandise (defined below), have additional terms. Both these terms and any special terms form part of, are in addition to and incorporate the Mymusicvenue Terms. In these Terms of Sale, “we” or “us” refers to Mymusicvenue.com Limited (for sales of tickets to events in the UK) or Mymusicvenue.com, Inc. (for sales of tickets to events in the U.S. or Canada).
By purchasing a ticket through our website you represent and warrant that you (i) are at least sixteen (16) years old (and in any event the minimum age to attend the relevant event); (ii) are capable of entering legally binding contracts; (iii) are agreeing to be bound by the Terms including without limitation these Terms of Sale and (iv) meet any special eligibility requirements for such purchase as set forth in these Terms of Sale. If you do not accept these Terms of Sale you must not purchase any tickets from Mymusicvenue.
These Terms of Sale do not apply to the purchase of tickets via third party ticket vendors that are linked to from our Service. Please refer to that vendor’s terms and conditions.
2.1 Purchasing Tickets
By clicking on “BUY TICKETS” (or other such wording as we may subsequently use), you are placing an order to purchase event tickets through the Mymusicvenue Website. Please check your selection carefully before clicking “BUY TICKETS”.
Currency and payment methods accepted and available delivery options may vary depending on your location and/or the location of the event you are purchasing tickets for. Please carefully review such information on the ticket purchasing or checkout pages before placing your order or contact us if you have any questions.
2.2 Acceptance of Your Purchase
All orders are subject to acceptance by us. When we accept your order, we do so on behalf of the event promoter, artist, venue or ticket seller who is providing those tickets (collectively, the “Ticket Providers”). As such, your contract for the purchase of those tickets is with the applicable Ticket Provider and although we agree to provide our ticket selling services to you via the Mymusicvenue Website, we are acting solely in the capacity of an agent for the applicable Ticket Provider. Once your order has been accepted by us on the Ticket Provider’s behalf our payment processor will charge your debit/credit card with the face value of the ticket, plus a booking fee (which is inclusive of sales tax or other taxes, where applicable) (Note, we charge sales tax or other taxes, where applicable, on the booking fee and not on the face value of the ticket). Acceptance of your order on the Ticket Provider’s behalf shall be deemed to have occurred, and a contract formed for the purchase of your tickets, when your payment has been cleared and a notice of confirmation has appeared on the purchase page of the Website. If you do not receive a confirmation after attempting to purchase tickets on the Website, or if you experience an error message or service interruption while attempting to purchase tickets, please check with us to confirm that your order has been placed. Mymusicvenue will not be responsible for any losses (monetary or otherwise) that are incurred due to a mistaken assumption regarding whether an order has been placed or accepted.
In the event that we make an error in pricing tickets on our website, we reserve the right to cancel your purchase and offer you the opportunity to purchase the tickets again at the correct price. If you choose to purchase the tickets at the correct price our payment provider will charge your debit/credit card with the difference between the incorrect value and the price you paid when originally booking. If you choose not to purchase the tickets at the correct price, we will refund you the full price you paid when originally booking.
As stated above, ticket delivery options and details may vary based on your location and/or the location of the event. Tickets may be delivered to you as paper tickets or as electronic tickets depending on the format in which they are provided to us by the event organizer/promoter and depending on how you have selected to receive them when placing your order. Please note that we reserve the right to make tickets available to you in any format (for example by text message), but we will inform you of this before you make your purchase.
If you have elected to receive your ticket electronically your confirmation is your electronic ticket and you should bring this to the event as it may be checked (e.g. by barcode or other relevant details).
The ticket is your responsibility from the time of delivery, which shall be receipt of the electronic confirmation in the case of electronic tickets or on delivery to your designated address in the case of paper tickets. Mymusicvenue accepts no responsibility if you delete your confirmation e-mail or other correspondence or if your printed e-mail confirmation, other correspondence or paper ticket is lost or stolen prior to the event after they have been delivered to you. If a replacement ticket is offered (or the event has to confirm your purchase with us due to a lost or stolen ticket), we reserve the right to charge a reasonable replacement fee to cover administration costs.
Paper tickets will either be delivered to your designated address no later than 5 days prior to the event or will be made available for collection from the box office at the event venue. You may be able to specify which option you would prefer when placing your order, but we reserve the right to require you to collect your tickets from the box office if there isn’t enough time prior to the event to send them to your designated address. If you elect to receive paper tickets you may have to pay a delivery charge which will be indicated to you on the booking page of the website prior to you placing your order. If you need to change your designated address after you have placed your order please contact us as soon as possible. We cannot be held responsible if tickets have already been dispatched to the designated address already provided.
It is your responsibility to check that your tickets have been delivered to you, and check for any errors or omissions. Please report any issues to us as soon as possible. A failure to report a problem with your tickets reasonably promptly and in any case in good time prior to the event may result in you not being able to claim a refund even if the error or omission was initially our fault.
Your ticket is a personal revocable license, which remains the property of the event organizer/promoter. It may be withdrawn and admission refused at any time upon refunding the purchase price to the holder of the account used to pay for the ticket (including where Mymusicvenue reasonably considers the ticket purchase or sale to be fraudulent or otherwise in violation of these Terms). If you attempt to unlawfully resell/purchase, or resell/purchase a ticket, or do so from or to an unauthorized source, it may be withdrawn and admission refused without refund or other compensation. Please be aware that tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so, are void.
2.5 Event Cancellation/Reschedule and Refunds
Once we have accepted your ticket purchase you will not have a right to cancel your ticket purchase or obtain a refund except in accordance with this section 2.6.
Mymusicvenue is typically only able to offer refunds and/or exchanges when the Ticket Provider authorizes refunds and/or exchanges, and such refunds and/or exchanges will be based on the Ticket Provider’s instructions. Mymusicvenue is not obligated to issue a refund except to the extent that the applicable Ticket Provider (i) instructs us to issue a refund to you, and (ii) provides us with the funds necessary to issue a refund to you. In qualifying situations, and where an event is cancelled or rescheduled, or if (as determined by Mymusicvenue acting reasonably) the details of the event have changed to a significantly material extent, the holder of the account used to pay for the ticket shall be entitled to a refund of the face value of the ticket plus the booking fee (or a partial refund in the event that only part of the event (other than the opening act or guest) is cancelled) but not for any delivery charge if paper tickets have already been dispatched. If you wish to exercise this right, you can notify us by e-mail (or reply to your confirmation e-mail) with the word ‘refund’ and your confirmation code in the subject heading or via such other process that we may reasonably require. Additionally, an applicable Ticket Provider may have additional instructions or deadlines that you may have to comply with in order to receive a refund or exchange, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Ticket Provider’s discretion. Unless otherwise stated by us, refunds must be requested within two (2) weeks of the event change being announced. Unless indicated otherwise, if an event is rescheduled the holder of the account used to pay for the ticket will be offered a place at the rescheduled event. If they cannot make the rescheduled date a refund will be provided as above.
The holder of the account used to pay for the ticket shall also be entitled to a refund of the face value of the ticket plus the booking fee and any delivery charges if you do not receive the correct tickets due to a fault or breach of contract by us and we are not able to provide any replacement tickets to enable you to attend the event.
If there are any restrictions on refunds and/or exchanges for tickets you have purchased, you agree that you will not attempt to evade, avoid, or circumvent any such restrictions in any manner. For example, you shall not dispute or otherwise seek a "chargeback" from your credit card company in an attempt to receive a “refund” where one would be otherwise prohibited. Should you do so, your tickets may be canceled, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts connected to your Account, and we may prohibit all persons related to your credit card or Account on the Service, or who otherwise breach this provision, from accessing or using the Website or Service in the future.
In addition to the provisions above, the following special provisions regarding refunds may apply to you:
For tickets to Illinois events: If you purchase tickets through Mymusicvenue to an event located in Illinois, you will receive a refund of the amount you paid for that ticket if: (i) the ticketed event is canceled (in which case you will not receive a refund of any delivery fees), (ii) that ticket does not allow you to enter the ticketed event for reasons that may include, without limitation, that the ticket is counterfeit or that the ticket has been canceled by the issuer due to non-payment, unless the ticket is canceled due to an act or omission by you, (iii) that ticket fails to conform to its description on the Website, or (iv) you failed to receive that ticket.
For tickets to New York events: If you purchase a ticket through Mymusicvenue to an event located in the State of New York, Mymusicvenue will provide to you a full refund of that amount you paid for that ticket if: (i) the ticketed event is canceled, provided that if the ticketed event is canceled then the order processing and delivery fees will not be refunded; (ii) the ticket does not grant you admission to the ticketed event, unless the ticket is canceled due to an act or omission by you; or (iii) the ticket fails to conform to its description on the Website, unless you have pre-approved a substitution of tickets.
It is the ticket holder’s responsibility to ascertain whether an event has been cancelled or rescheduled. If we are aware that an event is cancelled or rescheduled, we will attempt to notify ticket holders but we do not guarantee that ticket holders will be informed of cancellation in good time before the event.
2.6 Venue Rules and Regulations
Tickets to events purchased through Mymusicvenue are issued subject to the terms and conditions of the applicable Ticket Provider(s). Breach of terms or rules will terminate your license to attend the event without refund. Full details are available on the event website or at the venue box office. These terms and conditions may include:
- age restrictions for persons attending the event;
- the right for the event organizer/promoter to change performance orders and timings without notice;
- prohibitions on the use of mobile phones, cameras and other photographic and recording devices and devices that may distract or injure the act and/or audience members such as a laser pen; and/or
- prohibitions on bringing certain animals, food and drink to the event.
Tickets may be withdrawn and you may be ejected from or refused entry to the event (without refund or any amount paid) by the event organizer/promoter and/or venue where their terms and conditions are not complied with or you engage in any unacceptable behavior likely to cause damage, nuisance or injury or you arrive late, as determined by the management in its discretion.
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event.
Ticket holders consent to being filmed and sound recorded as members of the audience as well as inside and outside the venue where the event occurs. You agree that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Mymusicvenue and the applicable event promoters and organizers to utilize your name, image, likeness, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
2.7 Competitions, Promotions, Unauthorized Resale and Other Commercial Use of Tickets
You must not use your ticket for or in combination with any advertising, promotions, contests, sweepstakes, merchandise or service (including accommodation, travel and hospitality services) or otherwise use the ticket for profit or commercial gain without the written permission of the relevant Ticket Provider. Unlawful or unauthorized resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation.
2.8 Opening Acts
Guests, such as opening acts, may sometimes tour with headlining performers. Information regarding these guests is not always made available to or through Mymusicvenue, or may change or be canceled at any time without notice to you or us. No refund will be owed if an opening act or guest appearance is changed or canceled.
2.9 You Are Subject to Search
Depending on policies such as those of the venue, event promoter, or artist, you and your belongings may be searched on entry to an event. You consent to such searches and waive any claims that may arise related to such searches. If you elect not to consent to such searches, you may be denied entry to the event, and you will not receive a refund or any other compensation. Additionally, certain facilities may prohibit the possession of certain items on their premises, including without limitation, alcohol, drugs, controlled substances, cameras, and recording devices.
2.10 Our Liability
In addition to the limitation of liability in the Terms, if we fail to comply with these Terms of Sale in connection with your purchase of tickets from the applicable Ticket Provider through our Website, we may be liable to you for the purchase price of the tickets. Liability for expenses incurred in connection with your planned attendance at an event (such as accommodation or transport costs) and any loss of enjoyment is expressly excluded. Furthermore, you acknowledge and agree that you assume all risks incidental to the event for which a ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against Mymusicvenue, its management, officers, directors, owners, employees or agents on behalf of yourself and any accompanying minor. Mymusicvenue and the applicable Ticket Provider accepts no responsibility for loss or damage of personal property during your attendance at an event.
Nothing in these Terms of Sale excludes or limits our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; (iii) any breach of the obligations implied by section 2 of the Supply of Goods and Services Act 1982; or (iv) any other matter in respect of which it is not permissible by law to exclude or limit liability. Nothing in these terms and conditions affects your statutory rights.
2.11 Applicable Law and Jurisdiction
3. Copyright Infringement Policy and Notice Procedure
Mymusicvenue has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act (in the United States) and other equivalent laws in other jurisdictions. The address of Mymusicvenue’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this policy.
It is Mymusicvenue’s policy to: (1) block access to or remove Content that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
3.1 Procedure for Reporting Copyright Infringements:
If you believe that Content residing on or accessible through the Mymusicvenue Website or Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
- A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- Identification of works or materials being infringed;
- Identification of the Content that is claimed to be infringing including information regarding the location of the Content that the copyright owner seeks to have removed, with sufficient detail so that Mymusicvenue is capable of finding and verifying its existence;
- Contact information about the notifier including address, telephone number and, if available, e-mail address;
- A statement that the notifier has a good faith belief that the Content is not authorized by the copyright owner, its agent, or the law; and
- A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
3.2 Once Proper Bona Fide Infringement Notification is received by the Designated Agent:
It is Mymusicvenue’s policy:
- to remove or disable access to the infringing Content;
- to notify the Content provider, member or user that it has removed or disabled access to the Content; and
- that repeat offenders will have the infringing Content removed from the system and that Mymusicvenue will terminate such content provider’s, member’s or user’s access to the Service.
3.3 Procedure to supply a Counter-Notice to the Designated Agent:
If the Content provider, member or user believes that the Content that was removed or to which access was disabled is either not infringing, or the Content provider, member or user believes that it has the right to post and use such Content from the copyright owner, the copyright owner’s agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
- A physical or electronic signature of the Content provider, member or user;
- Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
- A statement that the Content provider, member or user has a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
- Content provider’s, member’s or user’s name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or if the Content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Mymusicvenue is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Designated Agent, Mymusicvenue may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Mymusicvenue’s discretion.
Please contact Mymusicvenue’s Designated Agent to Receive Notification of Claimed Infringement at the following