THIS PURCHASING AGREEMENT ("Agreement") is made by and between Viceroy Ventures LLC dba Whindo, a Texas limited liability corporation, with a principal place of business at 5810 Secrest Drive, Austin, TX 78759 ("Company," "Whindo," "We," "Us," or "Our"), and you, a person, organization or other entity ("You," "Your, " "Purchaser," "Buyer," or "Holder"). Whindo is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow You attendance at, access to, or participation in, events, venues and other activities (each, an "Event"). Each ticket that You purchase is a license to attend a particular Event, and is subject to the additional terms and/or restrictions that may be set forth on that ticket. The parties hereby agree as follows:
Our Services and Responsibilities
Whindo provides the following services: (i) displaying and listing Events as submitted by the Event organizer, promoter, producer, presenter, or manager (collectively "Promoter"); (ii) accepting Your on-line orders for tickets to the Event that You wish to attend; and (iii) providing You with a confirmation number for Your transaction.
Pricing and Availability
The Promoter, in its sole discretion, determines factors such as ticket pricing, availability, and seating locations. All prices and fees are in U.S. dollars unless otherwise noted in the event details or restrictions. Tickets may be sold exclusively through Us or in combination with other inventories from companies not associated with Us. Whindo exerts no control or authority over the Promoter, ticket prices, availability, seating locations, or any other companies which may be selling tickets to the Events listed on Our website.
Payment and Service Charges
Whindo accepts several methods of payment for purchase of Your tickets: Visa, MasterCard, Discover/Novus, and American Express. Any tickets purchased on Our website are subject to a per-ticket service charge, as shown prior to the time of Your ticket purchase. Your order will be processed after Your billing address has been verified. You will receive confirmation that Your order was processed successfully via email shortly after the transaction is completed.
You will be limited to a certain number of tickets for each Event. The Event listing will contain the maximum number of tickets available to each purchaser and will be verified for each transaction. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If We learn that You are purchasing more than the pre-determined number of tickets for an Event and engaging in practices that We, in Our sole discretion, determine to be unfair, We will terminate Your account and cancel Your ticket purchase without prior notice to You.
No Refunds or Exchanges
Before purchasing Your tickets, it is Your responsibility to carefully review all aspects of the Event, Event restrictions (if any, pursuant to the paragraph titled "Event Restrictions"), dates, pricing, charges, and seat selection. Except as specifically stated in the paragraph titled "Canceled or Rescheduled Events," We will NOT issue any refunds or exchanges because You failed to review this information and We will not issue any refunds for any lost, stolen, destroyed, or damaged tickets, or as otherwise provided in this Agreement under any circumstances.
Order Confirmation and Billing Information Verification
If You do not receive confirmation of Your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is Your responsibility to confirm with Us whether or not Your order has been placed. Only You may be aware of any problems that may occur during the purchase process. Whindo will not be responsible for such losses (whether monetary or otherwise). Orders are processed only after the relevant billing information has been verified.
If the Event offers electronic ticket delivery, You will be able to print Your tickets after Your order is processed. These tickets contain a unique bar code that corresponds to Your order and must be brought with You to the Event.. Some Events will require a physical ticket. These tickets will be shipped to You from the venue where the Event will be held. Some Events will require You to proceed to the call window to obtain Your tickets prior to entry. Other Events will allow You to be admitted directly. All of this information will be displayed on the Event listing, so please read and review the Event listing carefully.
You understand that You must bring printed tickets and/or the confirmation information with You to the Event. Additionally, while not all Events require identification, on some occasions, government-issued identification will be required by the Promoter. For this reason, We recommend that You bring a valid and current government-issued photo identification ("ID") with You to the Event. When arriving at an Event, there will only be one entry per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted.
Some Events listed on Our website may have certain restrictions. For example, some Events will only admit people over twenty-one (21) years of age or must have a certain affiliation, such as being a student at a particular educational institution. It is Your responsibility to determine if a particular Event restriction applies to You (and Your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if You are declined entry to an Event due to a restriction.
Cancelled or Rescheduled Events
Occasionally, an Event is cancelled or postponed by the Promoter due to weather or other unforeseen circumstances. In certain instances, We may also cancel an Event due to problems with the Promoter or the Event listing. If this happens, We will issue a refund as quickly as possible.. If You learn that an Event is cancelled, moved, or rescheduled, please contact Us at Our e-mail address for information on receiving a refund. Please include Your name, the Event, and Your confirmation number.
Tickets purchased by You may be transferred to other parties. If you are purchasing tickets for Yourself and on behalf of other parties, You, as the primary ticket holder, may resell or transfer these tickets to the other parties. When arriving at an event, there will only be one entry provided per ticket. If there are multiple parties attempting to enter using the same ticket, only the first party that arrived with the ticket will be admitted. It is your sole responsibility to comply with any applicable federal, state, or local laws that relate to the resale, transfer, or other disposition (including so-called "scalping") of tickets. For tickets for Events sold by Whindo, tickets purchased from any party other than Whindo carry a great risk of being fraudulent.
Limitation of Liability
You assume all risks incidental to the Event for which a ticket is issued, whether before, during or after such Event, and You waive any claims for personal injury or death against Whindo.
Promoters reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Promoters rules, including any requirement that persons not record or transmit any picture or reproduction of the Event. You and Your belongings may be searched on entry to an Event. Breach of terms or rules will terminate Your license to attend the Event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
Whindo and You are and shall be independent contractors and neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other.
Whindo will provide an e-mail form to You should You have any questions or difficulties which may arise in connection with Your use of Our website. We attempt to answer Your questions in a timely manner, but make no guarantees that We will respond to Your inquiry by a particular time.
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