Ticketing and Merchandise Sales Agreement

Last modified on: 08/05/2020

Thank you for visiting our site to buy tickets and/or merchandise from Mandolin Software, Inc., the premiere virtual platform for high-quality concerts and other events streamed on the Internet (“Mandolin”, “Us,” “We” or “Our”).

THIS TICKETING AND MERCHANDISE SALES AGREEMENT (“TMA”) IS ENTERED INTO BY AND BETWEEN YOU AND MANDOLIN. PLEASE READ THIS TMA CAREFULLY BEFORE YOU BUY ANY TICKETS OR MERCHANDISE. BY CLICKING “CHECKOUT”, “PLACE MY ORDER” (OR WORDS TO SIMILAR EFFECT), YOU AGREE TO THIS TMA.

TO VIEW A LIVESTREAM PERFORMANCE FROM MANDOLIN, YOU MUST SEPARATELY ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THE MANDOLIN TERMS OF SERVICE AVAILABLE AT HTTPS://WWW.MANDOLIN.COM/TERMS-OF-SERVICE (“VIEWER TERMS”). THE VIEWER TERMS (IN PARTICULAR, SECTIONS 2, 3, 11, 14, 15, 16, 18 AND 19) ARE HEREBY INCORPORATED BY REFERENCE AS IF FULLY SET FORTH HEREIN, WITH PARTICULAR APPLICATION TO YOUR USE OF OUR TICKETING AND MERCHANDISE PAGES OR PURCHASE OF TICKETS OR MERCHANDISE FROM US.

THIS TMA IS ALSO GOVERNED BY MANDOLIN’S PRIVACY NOTICE, WHICH IS AVAILABLE AT HTTPS://WWW.MANDOLIN.COM/PRIVACY-NOTICE BY USING OUR SITE AND BUYING ANY TICKETS OR MERCHANDISE, YOU CONSENT TO THE COLLECTION, USE AND STORAGE OF YOUR INFORMATION AS OUTLINED IN OUR PRIVACY NOTICE.

Ticketing.
- You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Site.
- You will not hold us liable if you do not comply with laws related to your transactions. We may provide law enforcement with information you provide to us related to your transactions to assist in any investigation or prosecution of you.
- If we are unable to verify or authenticate any information or tickets you provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your tickets may be cancelled, we may refuse to honor all pending and future ticket purchases made with those credit card or bank accounts and/or via any online accounts associated with those credit card or bank accounts. We may also prohibit you from using the Site.
- You will not use ticket bot technology to search for, reserve, or purchase tickets through the Site; for the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Site, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Site that is used to enforce or maintain the integrity of our order rules.
- All ticket prices for events that occur in the United States are stated in U.S. Dollars.
- We accept, among other forms of payment, PayPal. Apple Pay, Google Pay, and most major credit cards. You will pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the price(s) in effect when such charges are incurred, including any applicable taxes. You may only use credit or debit cards, gift cards or vouchers that belong to you or to people who expressly authorize you to use such payment methods.
- Mandolin acts as the agent to those who provide events, such as venues, teams, artist representatives and fan clubs, promoters and leagues ("Presenters"). Mandolin will be handling the transaction and collecting payment for the Presenter.
- Tickets obtained from unauthorized sources may be lost, stolen or counterfeit, and if so are void.
- If you do not receive a confirmation number (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 to confirm via your Mandolin account or Mandolin Support whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.
- Each Mandolin account must be linked to a unique individual and contain valid and verifiable information. You may not share your tickets or login information. We reserve the right to cancel any or all orders and tickets, in addition to prohibiting your ticket purchase abilities if you violate or attempt to violate this restriction.
- All merchandise, VIP package elements, and fan club memberships originally purchased or included with the ticket are not transferable.
- Occasionally, events are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed events, please check the event information online or contact us.
- If an event is canceled, and you purchased your ticket through Mandolin.com, we will automatically issue you a refund to the credit card, debit card, or the method of payment used to make your purchase.
- If the event was moved, postponed, or rescheduled, the Presenter may set refund limitations. If you are unable to make the new event date and refunds have been approved by the Presenter, you will see a “Refund” button within your order in your Mandolin account. If you require additional assistance, please contact us.
- You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one by its clients, and you will not dispute or otherwise seek a "chargeback" from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets are subject to immediate cancellation, and we may, in our sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit future purchases from all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
- If we issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket's face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees.
- All information on accounts and orders must be valid and are subject to verification. Orders that are placed, or attempted to be placed, using an account in which any information entered is found to be false, misleading, incorrect, incomplete or cannot be verified as belonging to the account holder, such as name, address, email address, phone number, IP address, or other, are subject to cancellation, at any time. Furthermore, we may cancel your order and sell your tickets to another customer without further notice. Orders are subject to credit card approval and processed only after the billing address, associated with your credit card, and other billing information, has been verified.
- If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction of this website or other Mandolin operated system.
- When ordering tickets online with us, please ensure you are looking for tickets and placing an order using only one browser window. Looking up tickets using multiple browser windows could result in losing your tickets, errors occurring during the purchase process, or timer expiration.
- 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 us, the Presenter(s), our partners, licensees and assigns, including but not limited to our brand and media partners, 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.
- Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. We reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies.
- Tickets may not be used for advertising, promotions, contests or sweepstakes, unless we give formal written authorization.
Merchandise
- If you wish to purchase any goods or services through Mandolin (“Products”), we will ask you to supply certain information applicable to your purchase, including payment and other information. Any such information will be treated as described in our Privacy Notice. All information that you provide to us or our third-party payment processor must be accurate, current and complete. YOU REPRESENT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT MEANS USED TO INITIATE ANY TRANSACTION. You agree to pay all charges incurred by you or any users of your credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred. You will also be responsible for paying any taxes applicable to your purchases. Verification of information applicable to a purchase may be required prior to our acceptance of any order.
- Descriptions, images, references, features, content, specifications, products, price and availability of any Products are subject to change without notice. We make reasonable efforts to accurately display the attributes of our Products, including the applicable colors; however, the actual color you see may depend on the mobile device or computer on which you access the Service, and we cannot guarantee that the color will be accurately displayed.
- It is your responsibility to ascertain and obey all applicable local, state, federal and international laws in regard to the possession, use and sale of any Product purchased through the Service. By placing an order, you represent that the Products ordered will be used only in a lawful manner.
- We reserve the right, with or without prior notice, to (i) limit the available quantity of or discontinue any Product, (ii) honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or similar promotions, (iii) bar any user from making any purchases, or (iv) to refuse to provide any Product to any user. The prices and availability of Products are subject to change without notice.
- After placing an order, you will receive an email from us acknowledging that we have received your order (an “Order Confirmation”). Please note that receipt of an Order Confirmation does not mean that your order has been accepted. Your order constitutes an offer from you to purchase a Product. All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an email confirming the shipment of your order (a “Shipping Confirmation”). YOU AND WE HAVE NOT REACHED AN AGREEMENT UNTIL WE SEND YOU A SHIPPING CONFIRMATION, which such agreement will apply to only those products appropriately identified in the Shipping Confirmation. We reserve the right to cancel your order, in whole or in part, at any time before a Shipping Confirmation is sent and we may rescind our acceptance and cancel your order if there is an error in price or if any of the Products ordered are no longer available.
- In certain states, we may not be required to collect and remit sales tax for purchases of Products. However, some states require that their residents file a sales or use tax return for items purchased through the Service. You should consult your state and local tax laws or a CPA to determine compliance with tax laws and regulations in your area. You may see the tax calculated on the checkout page before you are asked to confirm the purchase. We use commercially reasonable efforts to calculate, collect and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of such amount. You hereby waive any right to any claims you may have or develop regarding the amount of tax we collect from you in connection with the purchase of any Products and you further agree to hold Mandolin, its officers, directors, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any such error.
- The final shipping cost and estimated delivery time applicable to a Product order will be available to you during checkout. Please note that some items may require a longer ship-out and/or delivery timeframe. We are unable to provide you with the option to specify your carrier of choice. International deliveries may incur additional charges to cover duty, VAT and an international service fee to cover additional fulfillment costs incurred by Mandolin for such orders.
- The risk of loss for any Products purchased by you via the Service shall pass to you upon tender of the item to the applicable shipment carrier.
- Mandolin does not offer warranties on any Products. However, some Products available through the Service may be covered by a warranty provided by the manufacturer of such Products. Such manufacturer’s warranties, if any, may be included with a Product when shipped or may be available at the manufacturer’s website. To obtain the benefit of any such manufacturer’s warranty, if any, you must follow the instructions in the applicable warranty and deal directly with the applicable manufacturer.
General Terms
- You may only agree to this TMA if you are over the age of eighteen.
- Mandolin may provide links on the Service to third-party websites or vendors who may invite you to participate in promotional offers in return for receiving an optional component of the Service, upgrades to the Service or additional services. Any charges or obligations you incur in your dealings with these third parties are solely your responsibility. Mandolin makes no representation or warranty regarding any content, goods and/or services provided by any third party even if linked to from our Service, and will not be liable for any claim relating to any third-party content, goods and/or services. Such linked sites are not under the control of Mandolin and may collect data or solicit personal information from you. Mandolin is not responsible for their content, business practices or privacy policies, or for the collection, use or disclosure of any information those sites may collect. Further, the inclusion of any link does not imply endorsement by Mandolin of these linked sites.
- DISCLAIMER OF WARRANTIES. ALL PRODUCTS OFFERED AND SOLD HEREUNDER ARE PROVIDED BY MANDOLIN ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARE EXPRESSELY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Ticketing and Merchandise Sales Agreement

Ticketing.

Merchandise

General Terms