Tixato.com Online Sales Terms of Service

Your use of the Tixato.com website and the Tixato.com online ticket sales service (the “Service”) is governed by this Terms of Service. These Terms of Service constitute an agreement between Figure 53, LLC, a Maryland limited liability company with offices located at 2808 Guilford Avenue Baltimore, Maryland 21218 (we, us, our) and a visitor to the Tixato.come website or ticket purchaser (you, your).

If you are a theater or an organization selling tickets or managing a box office with the Tixato box office management system, your use of that system is governed by the Tixato Seller Agreement & Terms of Service.

The Service.

The Tixato.com website and the Tixato Service is designed for theaters and other organizations to sell tickets online directly to patrons. Neither Tixato.com nor Figure 53 LLC are affiliated with any of the theaters or organizations selling tickets via the service.

The Tickets.

Availability & Pricing. The number of tickets sold per event or performance is solely determined by the theater or organization. Ticket prices are set by the organization selling the ticket. In addition to the face value of the ticket, Tixato charges a fee for credit card processing, some or all of which is paid by the seller organization.

Purchasing Tickets. If you purchase tickets from a seller via the Service, the ticket will either be a will-call ticket which you may pick up at the seller’s venue, or an e-ticket, which will be emailed to you after your purchase. You will not receive a printed paper ticket from Tixato.

Resale. Tickets sold through Tixato.com are for individual use only and may not be resold.

Refunds. Ticket refunds are at the discretion of the ticket seller, and may only be obtained through the ticket seller.

Contacting the Ticket Seller. If you have any questions for the ticket seller, you can contact them via the contact information included in your Tixato ticket purchase receipt email.

Order Cancellation. We reserve the right to cancel any ticket purchase for any reason, including but not limited to incomplete or incorrect billing information, fraudulent ticket purchases or any other violation of the Tixato Acceptable Use Policy.

Policies.

Acceptable Use Policy. Your use of the Services is subject to your compliance with the Tixato Acceptable Use Policy, as modified from time to time, the current version of which is available on the Tixato website at tixato.com/legal/acceptable-use. We may suspend your account or block your access to the Service if you are in violation of the Acceptable Use Policy, but neither this Terms of Service nor the Acceptable Use Policy requires that we take any action against you or any one else for violating the Acceptable Use Policy, but that we are free to take any such action we see fit.

Privacy Policy. Your use of the Services is also subject to the Tixato Privacy Policy, as it is updated from time to time. The Privacy Policy can be found via a link on the main Tixato website, and at tixato.com/legal/privacy. Please keep in mind that the Privacy Policy applies only to the Service and does not apply to any third party site or service linked to from the Service or recommended or referred to through the Service or by our employees. Also, any information you share with a ticket seller through Tixato or outside of Tixato, such as your name and email address, is governed by that seller’s privacy policy, not the Tixato Privacy Policy.

Representations, Warranties, Disclaimers & Limitation of Liability

The Service and the Tixato.com website are not targeted at children under the age of 13. By using the Service, you promise that you are over the age of 13, and that you have the authority or proper permission to make any ticket purchases that you make on Tixato.com.

Disclaimers. The Tixato Service is provided “as is” and as available, and we make no warranties, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property rights or any implied warranties arising under any applicable Uniform Commercial Transactions Act (including but not limited to Subtitle 4 of Title 22 of the Maryland Annotated Code Commercial Law Article). We have no obligation to indemnify or defend you against claims related to infringement of intellectual property rights; and we do not warrant that the Service will perform without error or interruption.

Limitation of Liability. In no event will we be liable for any damages, including consequential, indirect, special, incidental, or punitive damages arising from or related to your use of the Service. The limitations of liability in this section apply to liability for negligence, apply regardless of the form of action and apply even if we are made aware in advance of the possibility of the damages in question and even if such damages were foreseeable. The limitations of liability also apply even if your remedies fail of their essential purpose. If applicable law limits the application of the provisions of this section, our liability will be limited to the maximum extent permissible.

Miscellaneous Terms.

Amendment. We may amend this Terms of Service from time to time by posting the amended version at our website. We may also amend the Acceptable Use Policy or Privacy Policy at any time by posting a new version on the Tixato.com site.

Assignment & Successors. Neither party may assign this Agreement or any of its rights or obligations hereunder without the other’s express written consent, except that we may assign this agreement to the surviving entity in a merger of our company into another entity. Except to the extent forbidden in the previous sentence, this agreement will be binding upon and inure to the benefit of the respective successors and assigns of the parties.

Applicable Law - Maryland. This Agreement has been made, executed and delivered in Maryland, and is governed by Maryland law. The parties consent to the personal and exclusive jurisdiction of the federal and state courts in Baltimore, Maryland.

Copyright. If you believe that your copyrighted work has been posted without permission and outside of the fair use exceptions in 17 U.S.C. §107, send a proper DMCA notice to legal@tixato.com or Figure 53, 2808 Guilford Avenue, Baltimore Maryland 21218, USA.

Severability. To the extent permitted by applicable law, the parties hereby waive any provision of law that would render any clause of this agreement invalid or otherwise unenforceable in any respect. In the event that a provision of this agreement is held to be invalid or otherwise unenforceable, such provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by applicable law, and the remaining provisions of this agreement will continue in full force and effect.