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RockNTix Event Ticket Seller/Event Producer Term of Use and Agreement

Event Producers and Ticket Sellers agree to all of the following RockNTix Terms & Conditions and Policies:

1. Producer – Event Producer, promoter, ticket seller, venue representatives, or other authorized agents providing services or events for which tickets are sold are hereinafter referred to as “Producer”. Producers using RockNTix ticket selling services agree and understand these terms are a legal, binding, and enforceable agreement. Producer agrees they are authorized to sell tickets for events or services. Fraudulent representation by a Producer, or of event(s), is a criminal offense, which voids this agreement and event producers must fully refund tickets to ticket purchasers. RockNTix will assist law enforcement in prosecuting any fraudulent use of RockNTix ticket sales services and will legally seek any and all compensation for damages due to fraudulent representation.

2. RockNTix – RockNTix is an independent company providing ticketing services for event Producers and venues. RockNTix is not affiliated with any event producers or others providing services or events for which tickets are purchased. RockNTix is solely acting as an intermediary between Producer and ticket purchaser for specific events. RockNTix assumes no liability incidental to the event for which tickets are sold or purchased.

3. Scope of Agreement and Amendments – This agreement is limited to the individual event for which Producer is using RockNTix ticket sales services (with exception to terms in section 10 of this Agreement “Event Cancellation”, if it applies). RockNTix reserves the right to change or modify the Producer terms of use and agreement at any time for subsequent events.

4. Amendments – RockNTix reserves the right to amend this agreement at any time.

5. Event Promotion and Advertising – This Agreement does not obligate RockNTix to promote or advertise the event for which tickets are sold. Producer acknowledges and understands it is Producer’s sole responsibility to promote and/or advertise the event.

6. Ticket Pricing – For most events, RockNTix provides Producer with ticket sales services. Ticket pricing is solely determined by Producer. Producer is exclusively responsible for all city, municipal, county, district, state and federal taxes.

7. Possible Additional Fees – Should Producer choose, a third party entity may provide ticketing services through RockNTix ticket processing system. In such an instance the third party may charge a handling fee to ticket purchaser, to be determined by agreement between Producer, RockNTix, and the third party. Likewise, a venue may charge a venue fee to ticket purchasers in an amount to be determined by Producer, RockNTix, and the Venue.

8. Ticket Availability and Over Sale Charges – Producer is solely responsible for setting the number of tickets available for purchase for each event. Producer agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If over sales of tickets occur, Producer agrees the full ticket price will be refunded to ticket purchasers holding unused tickets. Producer further agrees that Producer will pay RockNTix for the full service fees for tickets that are refunded due to over sale.

9. Event Cancellation – Producer agrees to notify RockNTix immediately after the decision to cancel an event is made. Producer agrees that if an event is canceled and full refunds are issued to ticket buyers, Producer will pay RockNTix for any and all service fees for each ticket sold. Producer may offer replacement tickets for similar event(s) in place of a refund for the canceled event, however, ticket purchaser is not obligated to accept replacement tickets in the place of a full refund. Should Producer opt to offer replacement tickets for a similar event(s), Producer agrees to pay RockNTix for each replacement ticket an additional fee for each replacement ticket issued by RockNTix.

10. Rescheduled Events – Producer agrees refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser’s request. Should a ticket purchaser request a refund due to a rescheduled event, Producer agrees to pay RockNTix for any and all service fees.

11. Change of Event Venue or Change of Event – Should the listed event venue change for any reason, Producer agrees that refunds will be given to ticket purchasers at the ticket purchaser’s request. Additionally, should there be a change in the event, Producer agrees that refunds will be given to ticket purchasers at ticket purchaser request. Should a ticket purchaser request a refund due to an event venue change or event change, Producer agrees to pay RockNTix for any and all service fees.

12. Ticket Sale Proceeds – All ticket sale proceeds will be directly deposited into the Paypal account that the event producer enters in the Paypal field when signing up with the RockNTix ticketing site. RockNTix does not process the actual ticket sale. This is performed through Paypal by the buyer and paid directly to the event producer’s Paypal account. Any and all issues with the ticket sale transaction must be handled by the Event Producer. Event Producer will be subject to any and all incurred Paypal fees for receiving payment for each ticket through Paypal. RockNTix plays no part in the Paypal ticket sale transaction whatsoever.

13. Payment of RockNTix Ticket Fees – Event Producer will pay RockNTix a non-refundable $1 service fee for each ticket sold using the RockNTix ticketing service. This fee will be immediately invoiced for each ticket sold and/or invoiced on a periodic basis, determined by RockNTix. Service fees will be paid for via Paypal, unless mutually agreed upon Event Producer and RockNTix. If Event Producer does not pay the RockNTix fees in a timely manner, the Event Producer’s event will be removed from the RockNTix Ticketing site and no further tickets will be sold on their behalf. Additionally, action will be taken to recoup the RockNTix service fees as well as any legal fees incurred by RockNTix to recoup those fees.

14.Indemnification and Hold Harmless

a. At its own expense, Producer agrees, acknowledges, and understands it will indemnify and hold harmless RockNTix, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter “actions”), brought against RockNTix arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by Producer, its officers, agents, employees or assigns. Producer further agrees to defend RockNTix in any litigation, including payment of any costs or attorney’s fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.

b. The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of RockNTix. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Producer, its officers, agents, employees or assigns and (b) RockNTix, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Producer and that of its officers, agents, employees or assigns.

15. Severability – If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.

16. Limitation of Liability – Producer understands and agrees that RockNTix shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if RockNTix has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will RockNTix’ total cumulative damages exceed US$100.00.

17. Disclaimer of Warranties – Producer understands and agrees that the RockNTix ticketing service is provided on an “as is” and “as available” basis, and that RockNTix assumes no responsibility for the timeliness, deletion, failure to store, or retention of any user communications or personalization settings. RockNTix will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable, control of RockNTix.

18. Ownership of Intellectual Property – Producer agrees not to post material that Producer does not have an ownership right of patent, copyright, and/or other intellectual property right to. RockNTix reserves the right to remove any content from an event page or custom Producer page that may infringe on the intellectual property rights of a third party.

19. Disputes

a. If a dispute arises out of or relates to this contract, or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the American Arbitration Association, before resorting to arbitration.

b. Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by meditation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Los Angeles, California, United States, in accordance with the United States Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the State of California in the United States. For international disputes, discovery rules will be provided by the International Bar Association Rules on the Taking of Evidence in International Commercial Arbitration. The arbitrator has the authority to award reasonable attorney and collections fees in addition to any other award.

c. Governing Law and Venue – The parties agree that any dispute will be governed by the laws and codes of the State of California, United States. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in the City of Los Angeles, California, United States.

20. Removal of Event from RockNTix – RockNTix reserves the right to remove or cancel an event and ‘Destroy’ an Event Page from it’s site if it deems any content on the Event Page to be offensive, violates anyone’s civil rights, promotes hate or hate speech, or for any other reason that RockNTix deems not compatible with¬† RockNTix business ethics.

21. Entire Agreement – This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.

22. Effective Date – These terms, conditions and policies are effective as of June 2019.

RockNTix Purchase Terms & Conditions and Policies

Ticket purchasers agree to all of the following terms, conditions and policies:

1. RockNTix – RockNTix is not affiliated with any event producers or others providing services or events (“producer”) for which tickets are purchased. RockNTix is solely acting as a ticketing service provider between producer and ticket purchaser for specific events. RockNTix assumes no liability incidental to the event for which tickets are sold or purchased. Ticket purchaser assumes all risks associated with attendance of events.

2. Ticket Buyer Fees – RockNTix will charge the ticket buyer a non-refundable fee of $1.01 per ticket sold on the RockNTix Ticketing site.

3. Ticket Delivery – Tickets will be delivered by email to the ticket purchaser. Ticket purchaser assumes all risk of ticket loss, theft, delay, damage, or destruction during delivery of tickets. Tickets lost, stolen, delayed, damaged, or destroyed during delivery will not be replaced.

4. Canceled/Rescheduled Events – Producers or others, outside the control of RockNTix, may cancel or reschedule events. It is at the producer’s discretion whether to refund the ticket price or exchange the tickets for a similarly equivalent event should a cancellation or rescheduling occur. The $1.01 RockNTix service fee is non-refundable.

Ticket purchases must contact the Event Producer for details regarding canceled/rescheduled events. RockNTix is not responsible for Canceled/Rescheduled events. Furthermore, RockNTix does not participate in the ticket purchase transaction. All ticket purchases are paid directly to the Event Producer through Paypal when the purchaser purchases a ticket. Therefore, Ticket Purchasers must contact the venue for any and all refunds.

 5. Pricing, Availability and Seating

a. Event ticket prices are set by the event producer, not RockNTix.

b. The number of tickets sold for an event is set by the event producer, not RockNTix. RockNTix will not be held liable for ticket over sales. Should tickets be oversold by the producer, the producer has discretion as to the method of refund, including but not limited to event price refund, or ticket exchange for a similarly equivalent event. Should over sale occur, only whole, non-perforated tickets will be refunded or exchanged by the Event Producer, not RockNTix.

d. Venue seating charts are provided by producer, and/or the venue, not RockNTix. RockNTix is not responsible for incorrect seating information, or ticket holder dissatisfaction with selected seating. Any seating dispute is between ticket purchaser and producer and/or venue.

6. Lost, Stolen, Destroyed Tickets – Lost, stolen, delayed, damaged, or destroyed tickets will not be replaced or refunded, including tickets lost, stolen, delayed, damaged, or destroyed during delivery to ticket purchaser.

7. Refunds and Exchanges – All sales are final. Please review ticket ordering information carefully prior to ticket purchase. Event Producer is responsible for canceled or rescheduled events (see Canceled/Rescheduled Events above).

8. Privacy Policy – There may be events for which the event producer requires the personal information of the ticket purchaser. For other events, the producer will give the option to ticket purchaser at the time of ticket purchase to provide the ticket purchaser name and contact information, including mailing address, email address, and telephone number, to event producer. Once ticket purchaser opts to provide name and contact information to producer, or purchases tickets to which an event producer requires the personal information of the ticket purchaser, RockNTix is not responsible for producer’s use of such information. Should ticket purchaser opt NOT to provide contact information, ticket purchaser understands and agrees that only ticket purchaser’s name and city and state of residence will be passed to producer.

9. Order Cancellation – RockNTix reserves the right to cancel ticket orders for any reason, not limited to incorrect billing information and/or fraudulent ticket purchasing.

10. Disputes – Any dispute brought by the ticket purchaser against RockNTix will be governed by the State of California. It is agreed that in the event any legal action is instituted against RockNTix, ticket purchaser agrees that jurisdiction and venue will be in Los Angeles County, United States.

11. Effective Date – These terms, conditions and policies are effective as of June 2019.