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MUSICTODAY® TICKETING TERMS OF USE

We would like to make your ticket purchasing experience as simple and convenient as possible, so please take a moment to review our ticket purchasing terms of use. By using the Musictoday® ticketing website, you signify your agreement to these terms of use and the Musictoday website terms of use located at www.musictoday.com.

By using or attempting to use the Site, you certify that (i) you are a resident of the United States and are at least 13 years of age or, if under the age of 13, you have the consent of your parent or guardian (over the age of 18) to use the Site, or (ii) you are not a resident of the United States and are at least 18 years of age or, if under the age of 18, you have the consent of your parent or guardian (over the age of 18) to use the Site. If you do not meet these requirements or, if for any reason, you do not agree with all of the terms and conditions contained in this Agreement, please discontinue using the Site immediately.

What is Musictoday Ticketing?

Musictoday is an online ticketing service offered by Musictoday LLC ("Musictoday") through which promoters, venues and artists, among others, choose to sell their tickets. Each such individual or entity has its own policy regarding the sale of its tickets through Musictoday. Musictoday will always act in accordance with these policies.

Methods of Payment

Musictoday currently processes the following currencies for payment of tickets: U.S. Dollars, Japanese Yen, Euro, Australian Dollar, Canadian Dollar and British Pounds. Musictoday accepts MasterCard, Visa, American Express, and Discover as methods of payment for ticket purchases. We may update this policy as other methods of payment become available. If Musictoday is unable to verify or authenticate any information you provide during any registration, ordering, purchase, verification, delivery, payment or remittance process, or any other process, or is no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled and you may be prohibited from using the Site.

Pricing, Availability and Purchase Confirmation

Musictoday sells tickets on behalf of promoters, artists and venues, which means Musictoday does not set the ticket prices or determine seating locations, except perhaps under some circumstances where Musictoday may also be promoting an event. Tickets are generally sold through several distribution points, including online, phone centers, retail locations and box offices. Musictoday's distribution points access the same ticketing system, and tickets for popular events with a high demand may sell more quickly than tickets for less popular events. At times, additional tickets may become available to an event while tickets for that event are already on sale. In these instances, Musictoday may make these additional tickets available to you; however Musictoday does not control this inventory or its availability.

If you do not receive a confirmation number for your ticket order (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility as the customer to confirm whether or not your order has been placed by contacting Musictoday's Customer Support Department at (800) 594-TIXX. Only you may be aware of any problems that may occur during the purchase process. Musictoday will not be responsible for losses (monetary or otherwise) if you fail to receive order confirmation and do not contact Musictoday to resolve the issue.

By clicking the "Submit Order" button, you affirmatively agree to abide by Musictoday's purchasing terms of use as outlined in this document.

Convenience Charges

Musictoday may assess a convenience charge on each ticket purchased and/or ordered for certain events.

Delivery of Tickets and Will Call

If you have not received your tickets within 72 hours of the particular event, please contact our customer service department at (800) 594-TIXX 9am-midnight ET Monday through Thursday, and 9am-8pm ET Friday. Musictoday ships tickets via USPS, FedEx or UPS. FedEx and UPS cannot deliver to a Post Office or private mail boxes. On some occasions, through no fault of Musictoday, you may not receive tickets for an event that have been sent via the U.S. Postal Service. If this occurs, you must inform Musictoday that you have not yet received your tickets at least 72-hours prior to the event. When notified of non-receipt, Musictoday shall instruct the venue to make available replacement tickets or seating vouchers that allow the user access to the seats originally purchased at the time of sale. These replacement tickets or seating vouchers will be available through will call at the box office of the venue where the ticketed event will be presented. By selecting the regular mail option during the transaction, the user agrees to be bound by this policy and specifically waives any other rights up to and including the right to dispute any charges with the credit card issuing company provided that Musictoday provides access to the original seats as described above.

For some events, you may be able to elect to receive your tickets through will call at the box office of the venue where the ticketed event will be presented. Will call tickets are generally available at least one hour prior to the starting time of the event at the venue box office. In order to receive your will call tickets, you must present the credit card used to purchase the tickets together with picture identification and your purchase confirmation number.

Refunds and Exchanges

Before you confirm your purchase, you will be given the opportunity to review the seat location, price, event, and performance date and time you have chosen. Once you make your final selection and purchase your ticket, Musictoday will not make exchanges or refunds unless so directed by a venue or promoter canceling an event as noted below in the Cancelled or Postponed Events section.

Musictoday does not issue refunds for tickets claimed to be not delivered/not received; or for tickets reported lost, stolen, damaged or destroyed.

If you choose to receive electronic tickets to be printed on your own printer, such tickets may be reprinted for your personal use only. The unique bar code printed on all tickets will allow access to an event by only the first ticket used to enter the venue.

Cancelled or Postponed Events

Sometimes weather or other outside considerations make the performance impossible to complete. In such instances, the venue or the event promoter are charged with making the final determination of cancellation and refund availability. Musictoday will issue refunds if an event is cancelled in its entirety and not rescheduled. If an event is rescheduled, and you will not be able to attend the event on the rescheduled date, you will be given an opportunity to request a refund prior to the rescheduled event date. If an event is cancelled and not rescheduled, refunds will be applied to the credit card used by the customer at the time of purchase. In such instances, refunds will generally appear on your next credit card statement depending upon your credit card's billing cycle. If a refund for a cancelled performance is issued, Musictoday may retain the original convenience charge or up to fifteen percent (15%) of the total ticket price as a processing fee, plus any fees collected for express delivery.

Opening acts or guests may sometimes tour with headlining performers. Musictoday is not always made aware of opening acts or the length of their performances. These opening acts are subject to change or cancellation at any time without notice. No refund will be given if an opening act is changed or cancelled.

Merchandise Return Policy

All clothing merchandise is sold on a final sale basis. There are no refunds or cancellations. Clothing merchandise may be exchanged for the same item in a different size only, subject to availability. Exchange requests must be made within 30 days of purchase. The cost of returning and reshipping clothing merchandise for exchange shall be the responsibility of the consumer. All clothing returned for exchange must be unworn and in "as new" condition.
All CD/DVD merchandise is sold on a final sale basis. There are no refunds or cancellations. Defective merchandise may be exchanged within 30 days of the date of purchase for the same item, or refunded in full upon return of the defective merchandise. Where part of a box set is found defective, the entire set must be returned for exchange or refund. Return/replacement shipping costs for defective merchandise shall be the expense of Musictoday.

Return/replacement shipping costs for merchandise shipped in error shall be at the expense of Musictoday. If you receive an item that does not match your order, please contact Musictoday within 30 days of the date of purchase to arrange for pick-up and reshipping. CD/DVD merchandise must be unopened. All clothing must be unworn and in "as new" condition.

Ticket Limits

From time to time the artist, venue or promoter may limit the number of tickets available per purchaser per event to discourage unfair ticket buying practices. Please adhere to published ticket limits. Orders exceeding the ticket limit may be canceled without notice. This includes duplicate orders having the same name, billing address, credit card or other unique identifiers. Musictoday shall have sole discretion regarding the cancellation of such orders.

Third Party Resellers

You agree not to reproduce for sale, alter, or counterfeit the ticket for any reason, and you assume all financial and criminal liability resulting from the same, including the copying of your unique, bar-coded ticket. Any unauthorized transfer, attempted transfer, resale, counterfeit, or copy is grounds for seizure and/or cancellation without refund. The resale or attempted resale of a ticket, through unauthorized partners, for a price in excess of the original purchase price is not permitted. Musictoday reserves the right to cancel, without notice or compensation, any order or portion of any order when Musictoday determines, in its sole discretion, that an attempt has been made to resell tickets in violation of this policy. In addition, Musictoday reserves the right to restrict or deny ticket purchasing privileges to anyone that Musictoday determines to be, or has been, in violation of this policy. Because Musictoday does not guarantee the authenticity of tickets purchased from any non-authorized third party reseller (such as brokers or individuals), Musictoday recommends that you purchase tickets directly through Musictoday, authorized partners or from the venue's box office to ensure ticket authenticity.

Ticket Usage Conditions

Your ticket is a revocable license to the specific seat and for the date and time (unless event is rescheduled) listed on the front thereof. Venue management reserves the right, without the refund of any portion of the ticket purchase price, to refuse admission or to eject any person whose conduct is deemed by management to be disorderly, who uses vulgar or abusive language, or who fails to comply with the rules of the venue. There are no refunds or exchanges. Unauthorized resale or attempted resale is grounds for seizure and cancellation without compensation. Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void. You agree not to transmit or aid in transmitting any description, account, picture, or reproduction of the game, performance, exhibition or event for which the ticket is issued. You acknowledge that the event may be broadcast or otherwise publicized, and grant permission to utilize your image or likeness in connection with any live or recorded transmission or reproduction of such event. You may not bring alcoholic beverages, illegal drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers of any kind into the premises. Your ticket cannot be replaced if lost, stolen or destroyed, and is valid only for the event and seat for which it is issued. Your ticket is not redeemable for cash. It is unlawful to reproduce your ticket in any form.

You bear all risks of inclement weather. Event date and time are subject to change. You assume all risks and danger incidental to the event for which your ticket is issued, whether occurring prior to, during, or after the event, and you voluntarily agree that the management, venue/facility, league or team, artist(s) performing, participants, participating clubs, Musictoday, Live Nation and all of their respective parents, subsidiaries, affiliates, and their respective officers, directors, owners, employees, agents and representatives are expressly released from any claims arising from such causes. Your ticket may not be used for advertising, promotion (including contests and sweepstakes) or other trade purposes without the express written consent of the artist and promoter. The use of cameras, video, or audio recording equipment is prohibited unless otherwise indicated by the venue, artists, or promoter of the event. Please respect the venue and the environment, and avoid litter. WARNING: EXCESSIVE EXPOSURE TO LOUD MUSIC WILL DAMAGE YOUR HEARING.

Proprietary Rights

This website, including all website software, databases, proprietary information and other materials provided on or through the website, including any data, text, designs, graphics, images, photographs, illustrations, audio and video clips, logos, icons and links are owned and operated by Musictoday and are protected by U.S. and international copyright, trademark and other laws. Musictoday, Live Nation and their respective logos and names are registered trademarks of Live Nation Worldwide, Inc. All other marks, logos, or names appearing on the website are trademarks of their respective owners.

PRIVACY

Musictoday believes that your right to privacy is very important. Please read our full Musictoday privacy policy available at www.musictoday.com, which is incorporated herein. In addition, please read the policies set forth below, which apply to transactions made and data gathered on the Musictoday web site (the "Site"), but does not apply to any other transactions, information, web site or Internet, telephone or offline point of contact between Musictoday and you or other consumers. Together, these policies constitute the Musictoday Privacy Policy ("Privacy Policy"), which may be updated periodically. By visiting the Site and/or providing us with information, you accept the practices described in the Privacy Policy. You agree that by using the Site you are expressly and affirmatively consenting to our use and disclosure of the information that you provide, and consenting to receive emails, as described below. Musictoday will not be responsible or otherwise liable for any use or disclosure of your contact information or financial information by a third party to whom Musictoday is allowed to disclose such information under the Privacy Policy.

Information You Give to Musictoday

Musictoday's forms require you to give us contact information (name and email address), unique identifiers (Musictoday member log-in), and demographic information (address). Our purchase forms require you to provide us with certain financial information (credit card numbers). Musictoday may also collect IP addresses that are not unique to your computer. We may share anonymous, aggregated (grouped) demographic information with advertisers and other third parties so that they can tailor their advertisements and communications to an appropriate audience. Any time that we are allowed under the Privacy Policy to share your contact information or financial information, we may also share your demographic information. Musictoday cannot prohibit minors from visiting this site, and must rely on parents, guardians and those responsible for supervising children under 13 to decide which materials are appropriate for such children to view and/or purchase. However, please note that nowhere on the Site do we knowingly collect contact information or financial information from children under the age of 13. Pursuant to 47 U.S.C. Section 230(d) as amended, Musictoday hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the Get Net Wise (www.getnetwise.org) and On Guard Online (www.onguardonline.gov) websites, two online resources for families aimed to deliver information and tools helpful to guiding children to a safe internet experience.

How Musictoday Uses Financial Information

Any financial information you give to Musictoday will be used only in the processing and delivery of tickets to you. Your information will be used to verify a transaction and receive the money directly from your credit card company. Non-financial information may be used by the shipping company, if one is selected, to deliver the tickets to you. Some financial information may be used by Musictoday to identify you as the customer at the venue (e.g., the last four digits of your credit card number may be used to confirm that you are the person who purchased the ticket). We may provide your financial information to event providers, primarily for facilitating "will call" ticket pick up, dispute resolution and customer service at the venue on the date of the event, and may provide your financial information to those merchants who are providing you with the goods, services or reservations you purchase or order through the Site. We may disclose specific financial information when we determine that such disclosure is necessary to comply with law, to cooperate with or seek assistance from law enforcement or to protect the interests or safety of Musictoday, other visitors to the Site or users of services or products provided by Musictoday. Also, your financial information may be passed on to a third party in the event of a transfer of ownership or assets, or a bankruptcy, of Musictoday. Musictoday will not be responsible or otherwise liable for any use or disclosure of your financial information by a third party to whom Musictoday is allowed to disclose your financial information under the Privacy Policy.

Requesting Musictoday Not To Release Your Information

If you do not want Musictoday to release any of your information to third parties, you may request for us to not release your information by sending us a written request by regular mail or email. In the written request, you must provide information identifying yourself such as your name, address, phone number, email address and/or password. The email address must match the email address on your Musictoday account to ensure security. The written request must also state the following: "I do not wish Musictoday to release any of my personal information to third parties." Please send any such requests via email to privacypolicy@musictoday.com or via U.S. mail to Musictoday, PO Box 880, Crozet, VA 22932.

Security

At Musictoday, e-commerce is a way of life. We have utilized all of the latest, state-of-the-art technological advances to ensure that your transaction is secure. Our secure socket layer software (SSL) is one of the best software solutions available today for secure electronic commerce transactions. It encrypts all of your information, including credit card number, name, and address, so that it cannot be read as the information travels over the Internet. If you have any questions about our security, please contact Musictoday customer support at webmaster@musictoday.com.


© 2009 Musictoday LLC

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