Last Updated on 8/19/2019
STUBS.NET
TERMS OF SERVICE FOR CONSUMERS
1. SERVICES.
Stubs.net provides individuals or entities desiring to purchase or obtain tickets (“Consumers”) access to events published by third party event organizers (“Organizers”) with an online platform through which to view information about the events and purchase or obtain tickets (the “Services”). Stubs.net has no role in organizing or hosting the events posted on its platform; it only facilitates Organizers in carrying out the events by providing the mechanism through which Consumers can learn about and obtain tickets for the events. Thus, Stubs.net’s relationship with you is that of a service provider, and the scope of the service it provides to you is limited to the provision of a platform through which you can purchase the tickets being sold by Organizers. Stubs.net is not the seller of the tickets available through its Services, and thus no buyer-seller relationship exists between Consumers and Stubs.net.
2. PARTIES.
These Terms of Service for Consumers utilizing the services of Stubs.net (“Consumer Terms of Service” or “Terms of Service”) are applicable to any Consumer purchasing or obtaining tickets utilizing the services of Stubs.net. By purchasing or obtaining one or more tickets through Stubs.net, Consumers are agreeing to be bound by these Consumer Terms of Service. If you cannot agree to these Terms of Service, please do not purchase or obtain tickets through Stubs.net.
3. NO PURCHASE FOR RESALE
Consumer agrees that any resale of tickets purchased on Stubs.net will not be for an amount greater than that paid by Consumer on Stubs.net. Resale of tickets for a price higher than what was paid by the original purchaser is a violation of the law of several states within the United States. Should Stubs.net become aware that a Consumer is engaging in resale of tickets purchased through Stubs.net, it may cancel such tickets without refund and report such actions to the appropriate law enforcement agencies.
4. PROVISION OF CONSUMER INFORMATION
Consumer agrees that all information it provides to Stubs.net when purchasing or obtaining a ticket/s through Stubs.net is true and correct. This includes, but is not limited to, all personal information about Consumer required in order for Consumer to purchase a ticket on Stubs.net. Stubs.net is not responsible for any violation of an Organizer’s rules or policies, nor the violation of any local, state or federal law that occurs as a result of Consumer entering or providing false or misleading information when purchasing or obtaining a ticket through Stubs.net.
5. PRIVACY OF CONSUMER INFORMATION.
The collection and use of Consumer data by Stubs.net is explained in and governed by Stubs.net’s Privacy Policy, which is posted on Stubs.net’s website. Stubs.net agrees to abide by this policy when collecting, handling and storing Consumer information. As stated in Stubs.net’s Privacy Policy, Stubs.net does provide Consumer information to Organizers in order to facilitate the Organizers’ administration of their respective events. Consumer understands and agrees that Stubs.net’s Privacy Policy applies only to Consumer information within the possession of Stubs.net. Stubs.net is not responsible for any breach of Consumer information that occurs while such information is in the possession of an Organizer, when the information was transferred by Stubs.net to the Organizer in accordance with Stubs.net’s Privacy Policy.
6. REFUNDS
6.1 Overview
All refunds are the sole responsibility of the event Organizer. Refunds for tickets purchased on Stubs.net will be made in accordance with the Refund Policy posted on the event page for the respective event by the event Organizer. All Consumer inquiries regarding refunds should be made to the Organizer of the respective event and not to Stubs.net.
6.2 The Role of Stubs.net
With respect to refunds, Stubs.net acts as an agent of the Organizer and as such typically only offers refunds and/or exchanges based on the Organizer’s instructions. Stubs.net is not obligated to issue a refund except to the extent that the Organizer responsible for offering the event (1) instructs us to issue a refund, and (2) provides us with the funds necessary to issue refunds.
6.3 Cancelled Events
In the event an event for which a Consumer purchased a ticket is cancelled, the Consumer will be refunded for the ticket/s through Stubs.net. See section 6.5 for details regarding the administration of refunds. No refund will be owed simply because an opening act is changed or canceled, provided the remainder of the event is carried out.
6.4 Postponed Events
In the event an event for which a Consumer purchased a ticket is postponed, the Organizer may set refund limitations. Contact the Organizer through Stubs.net to ask the Organizer about their policy regarding refunds for postponed events
6.5 Administration of Refunds
Once an Organizer instructs Stubs.net to issue a Consumer a refund and provides Stubs.net with the funds to issue the refund, Stubs.net will refund the Consumer 1) the face value of the ticket paid (or, if a discounted ticket, then instead the discounted ticket price paid), 2) the facility fee and 3) all convenience charges. In no event will delivery charges or any other fees or amounts be refunded. Stubs.net will issue all refunds using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then Stubs.net will credit the refund amount to the credit card used by the Consumer to make the initial purchase. Stubs.net will not be liable for travel or any other expenses that a Consumer or anyone else incurs in connection with a canceled or postponed event.
6.6 Consumer’s Responsibilities Following Receipt of a Refund
Should you receive a refund for an event ticket, you agree that you will discard the ticket or any copy of it that has been delivered to you for the respective event by Stubs.net or the event Organizer. Any attempt to utilize a ticket for which you have received a refund to gain entrance to an event is considered fraud.
7. PROHIBITED CONDUCT
The following conduct is not permitted at any event posted on Stubs.net:
a) violent, reckless, disruptive, or vulgar behavior, including the use of profanity and derogatory remarks about any other individual or group of individuals;
b) the carrying of weapons of any type;
c) the recording or transmitting, or aiding in the recording or transmitting, of any description, account, picture, or reproduction of an event, unless otherwise explicitly allowed by an Organizer;
d) the use of counterfeit or copied tickets to gain entrance or attempt to gain entrance to an event;
e) the resale of tickets purchased through Stubs.net for an amount higher than what was paid for the tickets by the Consumer;
f) Any conduct that is prohibited by local, state, or federal law.
All such conduct is defined herein as “Prohibited Conduct” and may result in ejection of the person or persons engaged in the Prohibited Conduct from the event without any refund for the ticket or tickets purchased. Where applicable, if the Prohibited Conduct engaged in is unlawful, such behavior may also be reported the appropriate law enforcement agencies.
8. SUBJECT TO SEARCH
All Consumers may be subject to search prior to entering an event site. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.
9. ASSUMPTION OF RISK
You acknowledge that there are risks inherent in attending an event, which vary depending on the nature of the event. These risks include but are not limited to, bodily harm due to the actions of crowds or drunkenness, illness, and becoming a victim of theft, altercations, violence or vandalism, disability and even death. By attending the event in spite of the risks that could accompany the event, you agree to assume responsibility for such risks and agree that you will not hold Stubs.net liable for any harm that may occur to you or your property as a result of your attendance at an event.
10. DISCLAIMER OF WARRANTIES
To the extent permitted by applicable laws, the Services are provided on an "as is" and "as available" basis. Stubs.net expressly disclaims all warranties of any kind, express or implied, including, but not limited to, implied warranties of merchantability, title, non-infringement and fitness for a particular purpose. For example, Stubs.net makes no warranty that (a) the Services (or any portion of the Services) will meet your requirements or expectations; (b) the Services will be uninterrupted, timely, secure, or error-free; or (c) the results that may be obtained from the use of the Services will be accurate or reliable. You acknowledge that Stubs.net has no control over and does not guarantee the quality, safety, accuracy or legality of any event or Content associated with an event. Further, Stubs.net has no responsibility to you for, and hereby disclaims all liability arising from, the acts or omissions of any third parties that stubs.net requires to provide the Services, that an Organizer chooses to assist with an event, or that you choose to contract with when using the Services.
11. LIMITATION OF LIABILITY
To the extent permitted by applicable laws, Stubs.net will not be liable to Consumers for any indirect, incidental, special, consequential, punitive or exemplary damages. Also to the extent permitted by the law of the jurisdiction applicable to the respective Consumer, the maximum aggregate liability of Stubs.net is limited to the total amount of all tickets purchased by the Consumer through Stubs.net in the three-month period immediately preceding the circumstances giving rise to your claim. If you made no such purchases, then the maximum aggregate liability of Stubs.net is $100.
12. DISPUTE RESOLUTON
IMPORTANT: THIS SECTION IMPACTS YOUR RIGHT TO FILE A LAWSUIT AGAINST STUBS.NET. IN THIS SECTION, YOU ARE AGREEING THAT ANY DISPUTE THAT ARISES BETWEEN YOU AND STUBS.NET WILL BE HANDLED EITHER THROUGH ARBITRATION OR, IF THE AMOUNT IN CONTROVERSY IS UNDER THE REQUIRED THRESHOLD, IN SMALL CLAIMS COURT. YOU ARE WAIVING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL. YOU ARE ALSO WAIVING YOUR RIGHT TO BRING A CLASS ACTION OR CONSOLIDATED ACTION AGAINST STUBS.NET.
12.1 Attempt to Resolve Dispute
You agree that prior to elevating any disagreement or issues between you and Stubs.net under this Section 12, you will attempt to work with Stubs.net’s Customer Support Team to resolve the disagreement or issue.
12.2 Agreement to Arbitrate
In the event that you and Stubs.net’s Customer Support Team are unable to resolve a dispute, you and Stubs.net agree to resolve all disputes under these Terms of Service or otherwise related to the relationship between you and Stubs.net through binding arbitration.
12.3 Arbitration Procedure
Arbitration carried out pursuant to this Section 12 will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules. Claims shall be heard by a single arbitrator. If your claim is for ten thousand dollars ($10,000) or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. The arbitration shall be governed by the laws of the State of Arkansas. For arbitrations that include an in-person hearing, the place of arbitration shall be Rogers, Arkansas. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party's actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Arbitrators will have the authority to allocate the costs of the arbitration process among the parties, but will only have the authority to allocate attorneys' fees if a particular law permits them to do so. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
12.4 Exception
Notwithstanding this Agreement to arbitrate, either party may bring an action on an individual basis in small claims court (to the extent the applicable claim qualifies).
12.5 No Class Actions
YOU AND STUBS.NET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM.
12.6 Notice of Dispute
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Notice"). A Consumer’s Notice to Stubs.net must be addressed to the following address ("Notice Address") and must be sent by certified mail: Legal department, 106 N Broadway St., Siloam Springs, AR 72761. Notice to you will be addressed to a mailing, home or payment address currently on record with Stubs.net and must be sent by certified mail. If Stubs.net has no records of such physical address, such notice may be delivered to your Stubs.net account email address. The Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If Stubs.net and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or Stubs.net may commence an arbitration proceeding.
13. REMEDIES
In the event of a breach of these Terms of Service by a Consumer, Stubs.net may take any or all of the following actions, dependent, in its sole discretion, on the nature of the breach:
(a) cancel any ticket/s purchased by the Consumer without refund;
(b) prohibit the Consumer from making any future purchase on Stubs.net;
(c) deliver a Notice of Dispute to Consumer in accordance with Section 12 of these Terms of Service and proceed with filing an arbitration claim if the Consumer does not resolve the breach of these Terms of Service within the prescribed 60 day time period; and
(d) in the event of criminal activity, notify the applicable law enforcement agencies.
14. PERMISSION TO USE EVENT MEDIA THAT INCLUDES YOU
You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to Stubs.net and the Organizer to utilize your name, image, likeness, acts, poses, plays, 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.