We know that long documents written in legalese can be boring and confusing, so here’s a quick summary of the key points. Just be aware that the full text of the Terms and Policies is what applies to your ticket order, not the following summary. These quick bullet points are provided solely for your convenience.
Terms & Policies
General Momentix (‘SITE’) acts as a marketplace, an intermediary between buyers and ticket sellers (‘TICKET SELLERS’) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual ticket seller, the prices for tickets may be above or below face value. Tickets sold through SITE are from a third party; therefore, the buyer’s name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyer’s ability to access the event. By using or visiting this SITE or purchasing tickets in any manner from the SITE, you expressly agree to abide and be bound by these Terms and Policies, as well as all applicable laws, ordinances and regulations.
The following are the rules (‘TERMS’) that govern use of the SITE by any user of the SITE (‘USER’). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. SITE reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS SITE may terminate USER’S access to the SITE, bar USER from future use of the SITE, cancel USER’S ticket order, and/or take appropriate legal action against USER.
All sales are final Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets generally will not need to be issued; in the rare case that new tickets are needed, USER will be contacted by the TICKET SELLER. If an event is cancelled without a rescheduled date, USER will need to contact the TICKET SELLER who fulfills USER’s order (hereinafter known as ‘FULFILLER’) for a refund. The FULFILLER may require USER to return the supplied tickets at USER’s expense before receiving any refund USER is entitled to due to cancellation. SITE is not responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER’s bank, if any, are not covered by SITE or Fulfiller. Neither SITE nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Above Face Value Tickets obtained through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or ‘face value’ listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Ticket Availability SITE cannot and does not guarantee ticket availability until USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some listings on SITE may only be representations of available tickets or an offer by SITE to obtain tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either USER’S credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the USER’s request has been rejected.
Orders placed through SITE will be fulfilled by one of SITE’S network of participating TICKET SELLERS. Contact information for the FULFILLER will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact customerservice@momentix.com to retrieve information about the order. USER should carefully enter all required information when submitting an order. USER is responsible for any errors made when entering their information, errors may result in issues such as a delay in processing the order or in delivery of tickets or in cancellation of order.
Zone Tickets, Tickets Not in Hand For certain live events, we permit a limited number of pre-approved sellers to offer tickets for sale that they do not currently possess. These tickets may be marked on the listing as ‘Zone Tickets’ or as ‘tickets not in hand’. If you purchase Zone Tickets or tickets marked as ‘not in hand’, the seller is committing to obtain the tickets described for you upon receipt of your order. These tickets, like all tickets sold on this SITE, are backed by our 100% Money Back Guarantee. After you place your order and your order is confirmed by the seller, we guarantee that your tickets will be within the area listed or one comparable or better and that you will receive these tickets in time for the event or you will get your money back.
Pricing All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price for any products or services purchased on the SITE until after an order is completed by USER. Despite SITE’S best efforts, a small number of products and services listed on the SITE may be priced incorrectly. If the FULFILLER discovers the actual correct price is higher than the stated price, the FULFILLER will either complete the order at the original stated price, contact USER to inform them of different price with an option to purchase, or cancel USER’S order and notify USER of such cancellation.
Schedule of Fees and Charges The price charged to USER’s credit card beyond the price of the individual tickets shall include the following fees and charges: Service Fee: Cost per ticket associated with SITE operation, customer service center operation, obtaining tickets on behalf of USER and other costs associated with the fulfillment of USER’s ticket request. Delivery: Costs associated with the Delivery Method chosen by USER and the SITE’S arrangement of USER’s ticket delivery by the FULFILLER. Total: Entire amount charged to USER, including each ticket’s price as set by the FULFILLER, Service Fee, and Delivery.
Taxes TICKET SELLER is responsible for keeping abreast of all changes to the tax withholding requirements and amounts in the various tax jurisdictions where TICKET SELLER sells tickets, and, for determining whether any taxes are due for any tickets sold and, except for states for which SITE has informed TICKET SELLER that SITE will collect certain taxes, for collecting and remitting such taxes in accordance with applicable law. Except for states for which SITE has informed TICKET SELLER that SITE will add taxes to the checkout calculation, TICKET SELLER shall include any applicable sales, use, excise, service and other taxes in the ticket price. TICKET SELLER shall provide SITE with any information SITE requires in order to enable SITE to report information regarding payments SITE has made to TICKET SELLER to relevant tax authorities including but not limited to employer identification number, social security number, or tax id number and TICKET SELLER authorizes SITE to release that information to the relevant tax authorities.
International Orders International Orders placed by USER may be subject to delayed processing. SITE recommends that any USER placing an order on the SITE from outside the U.S. contact their credit card company or financial institution prior to placing an order to prevent unnecessary delays or holds. Neither SITE nor FULFILLER shall be responsible for delays, holds, or any extra fees associated with placing an International Order.
Disputed Charges By placing an order, USER authorizes SITE to charge USER’s method of payment for the total amount, which includes the ticket price, service and delivery fees, and any other optional services USER agrees to purchase. If USER disputes a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, SITE has the right to seek payment, including all associated fees, by whatever means SITE deems appropriate, including but not limited to using collection agencies and legal remedies. SITE may mitigate its damages by relisting the tickets that are the subject of the payment dispute. USER may lose access to any/all tickets purchased if USER files a dispute with their issuer.
Event Listings SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date. Event start times are subject to change without notice. Changes to an event including but not limited to event location or venue, event start time, event date, performer list, performance type, length of event, and amenities included in a ticket package may be done at the discretion of the venue, performer, promoter or other party responsible for the event each of which are unaffiliated with SITE and SITE has no control over such changes, nor can SITE be liable for any such changes. USER agrees to visit the website of the venue, stadium, team, or performer to find out if there have been any event time adjustments.
Ticket Holder Behavior Policy The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event or denied entry for failure to abide by the venue’s rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. In addition, all costs associated with the purchase of event tickets will not be refundable. Further, should the ejection result in the loss of the TICKET SELLER’s right to use any other tickets, including season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Fraudulent Use To protect USER from fraud, USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver’s license or federal passport.
Delivery All orders are delivered to USER using the delivery method chosen for the order. In some cases a USER’s selected shipping must be upgraded without notice to USER and the USER will be charged for the upgraded shipping. Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery. USER is responsible to provide correct shipping address at the time of purchase. SITE and SELLER will not provide refunds if USER provides incorrect shipping information. USER must contact SELLER or SITE customer support if USER has not received an email with tracking information. By placing an order, USER understands and agrees to the following shipping terms.
Delayed Shipment Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most tickets are shipped the same business day in which the order is received or, if an order is placed after business hours, tickets may be shipped on the next business day. However, tickets may not always be available for immediate delivery, particularly in cases when the tickets have been purchased far in advance of the event in question or for certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas and other Nevada events; delivery may also be delayed due to the actions of the performer, venue, or team. While most tickets are delivered within three business days of the delivery method chosen, this does not imply a guaranteed delivery date. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow them to view the status of their order, tickets and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. USER should check the order notes for the estimated delivery date.
International Shipping If USER is located outside of the United States, USER must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by the FULFILLER after the order is placed to use the International Rate.
Delivery Verification If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at its discretion, either contact USER about the additional fee prior to shipping or cancel USER’S order and notify USER of such cancellation. Shipments may require direct signature at the point of delivery. Once FULFILLER has shipped the tickets, it is USER’s responsibility to receive the package. Should the package be refused, undelivered, or returned, refunds or credits will not be issued by FULFILLER as per the All Sales Are Final term of these Terms. If a package has been returned and must be re-shipped by the FULFILLER, it is the USER responsibility to contact the FULFILLER for re-shipping options. USER understands that additional delivery fees may be charged prior to reshipping.
E-Ticket Download Electronic tickets or ‘e-tickets’, including those marked as ‘Instant’, may not be available for immediate download in all circumstances. Due to potential fraud concerns, some ‘Instant’ e-ticket purchases may be downgraded to regular e-ticket download to allow for additional processing. In such cases, USER will receive notification with USER’S receipt explaining that USER’S order has been downgraded to regular e-ticket download. After placing an order, USER will receive an email with instructions on how to download the tickets; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to enter order specific credentials to gain access to the tickets, and USER must have access to a printer from which to print the tickets. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither SITE nor FULFILLER will issue refunds for USER’s failure to provide a correct email address or failure to print the tickets.
Electronic Transfer Electronic transfer delivery may not be available for immediate access. After placing an order, USER will receive an email with instructions on how to accept the electronic transfer; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to create an account with the associated ticket transfer system to gain access to the tickets, and USER must have access to a smart device to present the QR code displayed via the electronic transfer system for entry at the event. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to accept the ticket transfer, or be unable to locate the ticket transfer email. Neither SITE nor FULFILLER will issue refunds for USER’S failure to provide a correct email address or accept ticket transfer offer. Neither SITE nor FULFILLER will issue refunds in the event a USER declines the ticket transfer offer.
Local Delivery USER must pick up the tickets from the designated location provided to the USER, which will be located near the venue. USER will need to bring a government-issued ID in order to claim the tickets and may be asked to present the credit card used at time of purchase as further verification. Should USER encounter a problem at the local delivery location, USER must contact FULFILLER for assistance. Neither SITE nor FULFILLER will issue refunds for USER’S failure to provide a valid government-issued ID or other required documentation for release of tickets or if USER does not pickup tickets from designated location.
Will-Call Option USER must pick up the tickets at the box office of the venue approximately one hour before the scheduled start of the event. USER will need to bring a government-issued ID in order to claim the tickets. Should USER encounter a problem at the box office, USER must contact FULFILLER for assistance.
Denied Entry to an Event If USER is having difficulty using the tickets to gain entry to the event at the venue, USER should contact SITE immediately by calling 213-858-1339. If SITE is not able to resolve the matter and USER is denied entry by the venue, USER may be eligible for a refund. To be eligible for a refund USER must obtain written proof from the venue showing that USER was denied entry to the event and email that proof along with a description of the circumstances to SITE at customerservice@momentix.com within ten (10) days of the event. If SITE receives the email with written proof from the venue and USER’s description of the circumstances of the denied entry within ten (10) days of the event, SITE will investigate USER’s claim. If SITE, in its reasonable discretion, determines that USER was denied entry USER will receive a refund of the cost of the tickets and all fees and shipping charges. The refund will be USER’s sole remedy for the denied entry.
Permitted Use USER agrees that USER is only authorized to visit, view, and to retain a copy of pages of this SITE for USER’S own personal use, and that USER shall not duplicate, download, publish, modify, or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER’S personal use, unless otherwise specifically authorized by SITE to do so. USER may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in any way reproduce, circumvent, or interfere with the Site or its contents, nor may USER use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets from SITE. USER may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links The SITE may automatically produce search results that reference or link to third party websites throughout the Internet. SITE has no control over these sites or the content within them. SITE cannot guarantee, represent or warrant that the content contained in these third party sites is accurate, legal and/or inoffensive. SITE does not endorse the content of any third party site, nor does SITE warrant that they will not contain viruses or otherwise impact USER’S computer systems. By using the SITE to search for or link to another site, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another site. If USER experiences a problem with a link from the SITE, please notify SITE at customerservice@momentix.com and SITE will investigate USER’S claim and take any actions deemed appropriate at SITE’S sole discretion.
Violation of the Terms SITE, in its sole discretion, and without prior notice, may terminate USER’S access to the SITE, cancel USER’S ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
Intellectual Property Information For purposes of these TERMS, ‘CONTENT’ is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by USERS on the site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledges and agrees that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its affiliates. USER is only permitted to use the CONTENT as expressly authorized in writing by SITE or the specific provider of CONTENT. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from SITE or the specific CONTENT provider, and USER is solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SITE nor any of its affiliates warrant or represent that USER’S use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or any of its affiliates. SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, SITE will terminate the infringing USER’S rights to use and/or access to this SITE. SITE may, also in its sole discretion, decide to terminate a USER’s rights to use or access to the SITE prior to that time if SITE believes that the alleged infringement has occurred.
Disclaimers SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN ‘AS-IS’ AND ‘AS-AVAILABLE’ BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, (INCLUDING BUT NOT LIMITED TO THEIR PERFORMANCE, FAILURE TO PERFORM OR MODIFICATION OF THE PERFORMANCE OR EVENT IN ANY WAY), PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability USER acknowledges that SITE is a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. The listings of ticket inventory on SITE are provided by a third party (“PROVIDER”). Neither SITE nor PROVIDER is involved in the actual transaction between buyers and sellers. While SITE and PROVIDER may help facilitate the resolution of disputes, neither SITE nor PROVIDER has control over the content of the tickets listed on SITE, the truth or accuracy of such listings, the ability of the FULFILLER to sell tickets, or that USER and FULFILLER will actually complete a transaction. Regardless of this provision, if either SITE or PROVIDER is found to be liable, SITE or PROVIDER’S liability to USER or any third party is limited to the greater of (a) any amounts due under SITE’s limited guarantee when applicable, (b) the amount of fees in dispute not to exceed the total fees of the transaction, or (c) $100.Except in jurisdictions where such provisions are restricted, in no event will SITE or PROVIDER be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE and PROVIDER have been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above.
Indemnity USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of USER’S use of the SITE, including also USER’S use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Governing Law USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
Arbitration and Dispute Resolution Any controversy, claim, dispute, or other action, arising out of or relating to the use of SITE, any order placed on SITE, or these policies including any dispute over the validity, enforceability or scope of this arbitration provision (a ‘CLAIM’ or ‘CLAIMS’) shall be resolved through binding arbitration administered by the American Arbitration Association (the ‘AAA’) in accordance with its Consumer Rules. SITE will pay all filing, administration, and arbitrator fees for any arbitration for a CLAIM of US$10,000 or less. If, however, the arbitrator finds that either the substance of the CLAIM or the relief sought in the CLAIM is frivolous or that the CLAIM was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable AAA Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER’s obligation to pay under the AAA Rules. In addition, if USER initiates an arbitration for a CLAIM for more than US$10,000, the payment of fees will be governed by the AAA Rules. The AAA rules will determine whether the arbitration will take place through written submissions by USER and SITE, by telephone, or in person. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction. BY AGREEING TO ARBITRATE, USER IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL CLAIMS. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER’s WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER’s NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE CLAIMS WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO SITE. Any arbitration or trial of any CLAIM will take place on an individual basis without resort to any form of class or representative action (‘CLASS ACTION WAIVER’). Regardless of anything else in this Arbitration Provision, the validity and effect of this CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. USER and SITE acknowledge that the CLASS ACTION WAIVER is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate CLAIMS. If the CLASS ACTION WAIVER is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the CLASS ACTION WAIVER. USER AND SITE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED. All CLAIMS brought by USER against SITE must be resolved in accordance with this Arbitration and Dispute Resolution Section. All CLAIMS filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should USER improperly file a CLAIM, SITE may recover attorneys’ fees and costs up to US$1,000 from USER, provided that SITE has notified USER in writing of the improperly filed CLAIM, and USER fails to promptly withdraw the CLAIM after USER receives notice of improper filing from SITE. Events in Illinois. Pursuant to 815 ILCS 414/1.5(c)(5), complaints involving tickets to events in Illinois may be resolved through binding arbitration and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. USER and FULFILLER agree to submit to the jurisdiction of the State of Illinois for such complaints.
Force Majeure SITE shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under SITE’S control (hereinafter all of the foregoing is collectively referred to as ‘FORCE MAJEURE’). Notwithstanding the foregoing, SITE shall be permitted to terminate this Agreement with or without notice to USER in the event that USER is prevented from performing hereunder due to FORCE MAJEURE.
Registration Certain areas of the SITE are provided solely to registered USERS of the SITE. Any USER registering for such access agrees to provide true and accurate information during the registration process. SITE reserves the right to terminate the access of USER should SITE know, or have reasonable grounds to suspect that USER has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of eighteen (18) shall not be permitted to register. SITE reserves the right to require valid credit card information as proof of legal age. SITE maintains a strict online Privacy Policy and will not sell or provide USER credit card information to third parties.
USER Account USER will select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of their username and password. USER agrees to immediately notify SITE at customerservice@momentix.com should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER’S failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER’S account for any reason. Under no circumstances shall SITE be liable to any USER or third party for termination of USER’S account.
Third Party Advertisers SITE may allow third party advertisers to advertise on the SITE. SITE undertakes no responsibility for USER’S dealings with, including any on-line or other purchases from, any third party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.
Virtual Services Terms Virtual Experiences: Through SITE, USER may purchase the right to access virtual experiences where you can receive a service through the internet rather than in person. These virtual experiences include personalized videos (“VIDEOS”), virtual lessons (“LESSONS”) virtual meet and greets (“M&G”), virtual reality experiences (“VRES”) and other similar services that may be added later collectively “VIRTUAL SERVICES”, from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “TALENT USER”). From the list of the virtual experiences posted on the SITE USER may submit a request to a TALENT USER for a VIRTUAL SERVICE for USER or a third party that USER identifies as a recipient (“RECIPIENT”). All VIRTUAL SERVICES are provided by third party providers, not SITE. SITE is not responsible for the acts or omissions of such third party providers. USER acknowledges and agrees that TALENT USER has sole discretion to determine how to fulfill USER’s request and the content of the VIRTUAL SERVICES created or conducted, and that TALENT USER shall not be required to follow USER’S request exactly. A good faith effort will be made to schedule all VIRTUAL SERVICES within 7 business days of USER’S purchase. USER may request that TALENT USER reschedule a VIRTUAL SERVICE within 30 days of a USER’S originally scheduled experience start time, provided the request to do so is made and acknowledged 5 days before the experience start time. In the event TALENT USER’S availability changes, SITE reserves the right to reschedule USER’s experience at a mutually agreeable time. SITE will contact USER to reschedule using the contact information USER provided to SITE when placing the order for VIRTUAL SERVICES.SITE reserves the right to refuse or reject service to anyone for any reason at any time. TALENT USER reserves the right to reject any request at their sole discretion. VIDEOS are licensed, not sold. USER is buying a license to use it, not the actual VIDEO itself. LESSONS are intended for one RECIPIENT only. One additional person (parent or guardian and/or purchaser) may observe at no additional fee. However, this is not encouraged, as it can be distracting for the RECIPIENT. SITE may require that USER pay an additional fee for any person who is not the parent or guardian of the RECIPIENT or purchaser of the LESSON. VRES are a simulated experience where a third party provider uses a technology that provides USER with a simulated experience of stepping inside a computer-generated 3D world. USER will need to have certain accessories to accept delivery of a VRE. Accessories may be included in the price of USER’s order if so specified. USER must provide a complete and accurate delivery address to receive such equipment. Due to the nature of the purchase the delivery address for such accessories cannot be modified once the order is submitted. VIRTUAL SERVICES require that USER have certain equipment to accept delivery of the service ordered. If equipment is not listed as included with the VIRUAL SERVICE ordered when USER places an order, it is USER’s responsibility to ensure that USER has the necessary equipment (including but not limited to high speed internet access, a device that can connect to the internet, or any materials necessary to participate in a LESSON or receive the VIRTUAL SERVICES) to accept delivery of the VIRTUAL SERVICES. SITE will not issue refunds because USER does not have the necessary equipment. USER understands that USER’S information (not including credit card information), may be transferred unencrypted and that such transfer may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Virtual Experience Refund Policy: All VIRTUAL SERVICES are non-refundable. Notwithstanding the foregoing, if USER’S request for VIRTUAL SERVICES is rejected or if the VIRTUAL SERVICE is cancelled rather than rescheduled, USER will receive a refund for the cancelled or rejected VIRTUAL SERVICES less the value of any items or components that were processed, delivered or redeemed. Virtual Experience Behavior Policy: USER must behave in a respectful manner. For more details, please consult our Experience Guidelines. Limited License to Use the Virtual Services. In exchange for paying the required fee, USER acquires a limited license to use the VIRTUAL SERVICES solely for USER’s personal use as specified in these terms and for a single use unless otherwise specified. USER shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the VIRTUAL SERVICES, or access the VIRTUAL SERVICES or any content on the SITE through which the VIRTUAL SERVICES are provided, without express written permission from SITE. Subject to USER’s payment in full of the required fee and these terms, TALENT USER hereby grants USER the following limited rights to use the VIDEO solely for USER’S own personal, non-commercial, and non-promotional purposes: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the VIDEO, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised. USER shall not sell, resell, or encumber TALENT USER’S rights in any VIDEO. USER may sublicense USER’S rights in a VIDEO only to the extent necessary for USER to use the VIDEO as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a RECIPIENT in each case solely for personal, non-commercial, and non-promotional purposes as set forth above).USER may use a VIDEO only in accordance with these terms, which includes the VIRTUAL SERVICES Acceptable Use Policy. SITE may terminate all or part of the licenses granted in these VIRTUAL SERVICES TERMS at any time for any reason. SITE reserves the right to remove a VIDEO from our SITE at any time for any reason without any notice to USER.USER agrees that a M&G is priced based on one to four RECIPIENTS for a specified period of time via virtual teleconferencing. Larger groups require prior approval and payment of additional fees. Additional Terms: Some VIRTUAL SERVICES may have additional terms and conditions that USER must agree to in order to use the VIRTUAL SERVICE (“ADDITIONAL TERMS”). If ADDITIONAL TERMS apply, we will make them available to USER in connection with that product or service. By using that product or service, USER agrees to the ADDITIONAL TERMS. To the extent that the ADDITIONAL TERMS conflict with any of these Terms, these Terms will govern unless the ADDITIONAL TERMS say that some or all of these Virtual Experience terms do not apply.
Virtual Experience Acceptable Use Policy Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct specified in this Acceptable Use Policy and elsewhere on the SITE. The following Acceptable Use Policy applies to USER’S use of VIRTUAL EXPERIENCES: USER is responsible for USER’s use of any VIDEO, LESSON, VIRTUAL REALITY product or other VIRTUAL SERVICE and any activity that occurs through USER’S SITE account. By using the Virtual Experiences, USER represents and warrants that: a) you will not use a false identity or provide any false or misleading information; b) you will not (whether on the SITE or any where else) use or authorize the use of any VIDEO for any purposes other than: (i) the specific limited purposes set forth in the SITE Terms and (ii) those set out in any applicable Additional Terms; and c) in connection with any VIDEO, you will not request: (i) a business or any other RECIPIENT that is the subject of any criminal action, or that is involved in, connected with or promotes illegal or unlawful activity, violence or hate speech; or (ii) content that disparages or defames any person, entity, brand, or business. d) You will not: I. violate any law, regulation, or court order; II. violate, infringe, or misappropriate the intellectual property, privacy, publicity, moral or ‘droit moral,’ or other legal rights of any third party; III. take any action (even if requested by another) that is, or submit, post, share, or communicate anything that is, or that incites or encourages, action that is, explicitly or implicitly: illegal, abusive, harassing, threatening, hateful, racist, derogatory, harmful to any reputation, pornographic, indecent, profane, obscene, or otherwise objectionable (including nudity); IV. send advertising or commercial communications, including spam, or any other unsolicited or unauthorized communications; V. transmit any virus, other computer instruction, or technological means intended to, or that may, disrupt, damage, or interfere with the use of computers or related systems; VI. stalk, harass, threaten, or harm any third party; VII. impersonate any third party; VIII. participate in any fraudulent or illegal activity, including phishing, money laundering, or fraud;
Virtual Experience Guidelines Thanks for purchasing a virtual experience! We can’t wait to coordinate your virtual experience! Are you ready? It’s going to be awesome! Here are our guidelines to help you maximize your virtual experience. Virtual Meet & Greets Please DO the following:
Actor
Musicians
Professional Athletes
You get the idea! Have questions to ask the performer about their specialty and so you can get the most out of your time.
Please DO NOT do any of the following:
Virtual Lessons Please DO the following:
Please DO NOT do any of the following:
Privacy Policy Attention California consumers! Please read carefully an updated section pertaining to your rights under the California Consumer Privacy Act (‘CCPA’). USERS of Momentix can browse Momentix without revealing USER’S personal information, but in order to take advantage of most of the SITE’S services, USER must provide SITE with personal information. By providing personal information, USER expressly consents to the collection, use, disclosure and retention of USER’S personal information as described in this privacy policy (‘PRIVACY POLICY’), and the terms set forth in our Terms & Conditions. This PRIVACY POLICY covers SITE and PROVIDER’S treatment of personal or personally identifiable information, herein referred to as ‘PERSONAL INFORMATION’, that may be collected when USER is on the SITE and when USER uses SITE services. This PRIVACY POLICY does not apply to the practices of companies or individuals that SITE does not own or exercise supervisory control over, or to third party advertisers on the SITE.SITE does update this PRIVACY POLICY from time to time so please review this PRIVACY POLICY regularly. If SITE materially alters the PRIVACY POLICY, SITE will notify you of such changes by posting a notice on SITE and/or contacting you at the e-mail address provided to SITE. Your continued use of the SITE will be deemed as your agreement that your information may be used in accordance with the new policy. If you do not agree with the changes, then you should stop using the SITE, and you should notify SITE that you do not want your information used in accordance with the changes. This PRIVACY POLICY discloses the privacy practices for https://momentix.com/. It applies solely to information collected by this website. This PRIVACY POLICY will notify USER of the following:
Information Collection, Use, and Sharing PROVIDER and FULFILLER are the sole users of the information collected on this SITE. PROVIDER only has access to or collects information that USER voluntarily gives via emailer other direct contact from USER or if USER gives SITE permission to access such information, such as requesting or purchasing tickets from a FULFILLER, including, but not limited to, name, address, email address, telephone number, credit/debit card information and purchase information. SITE and PROVIDER may also collect details of your visits to SITE and the resources that you access, including, but not limited to, traffic data, location data, weblogs, and other communication data, including your IP address, the date and time you accessed or left the SITE and which pages you viewed. Some parts of SITE use cookies and other technologies to collect this information about your general internet usage. See section below ‘How We Use Cookies, Third Party Advertising, Services and Collection of Data’ to learn more. By submitting a telephone number to SITE, you agree that a representative of Momentix can contact you at the number you provide, potentially using automated technology (including texts/SMS messaging) or a pre-recorded message. Your consent is not an obligation to receive any of PROVIDER or FULFILLER’s products and/or services. PROVIDER, along with FULFILLER, will use USER’s personal information for transactional purposes, including those related to customer service for the transaction. PROVIDER may also use USER’s personal information to provide marketing services on behalf of SITE as well as share USER’s personal information with affiliated entities of PROVIDER to provide joint content and services and to market the products and services of such entities. PROVIDER may sell USER’S personal information to non-financial organizations, such as companies engaged in direct marketing and the selling of consumer products and services. PROVIDER will use USER information to respond to USER regarding the reason USER contacted SITE. PROVIDER will not share USER information with any third party outside of PROVIDER’s organizations, other than as necessary to fulfill USER request, e.g. to fulfill or ship an order, or, in some instances, to partner with another company to provide certain content, programs and services such as those disclosed in the previous paragraph. In those cases, PROVIDER will require third party agents to maintain the confidentiality of the data through a written agreement. In those situations, when USER provides PERSONAL INFORMATION, it may be sent directly to the partner company or PROVIDER may share the information with the partner company. Unless USER requests otherwise, PROVIDER may contact USER in the future to tell USER about specials, new products or services, or changes to this Privacy Policy. Neither SITE nor PROVIDER are responsible for the policies or offerings of any third party, and USER is urged to review third party’s policies and terms and conditions, as they may vary. SITE and PROVIDER will respond to a verified law enforcement, or other governmental department request or subpoena relating to a criminal investigation, alleged illegal activity, or identity theft. In such events, SITE and PROVIDER will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, IP address, and credit card information. SITE and PROVIDER may also share such information with third parties for the purposes of investigating or preventing fraudulent activities. SITE and PROVIDER reserve the right to report to law enforcement agencies any activities that they believe, in good faith, to be unlawful. In the case of identity theft, USER may authorize a law enforcement officer to request the records from SITE and PROVIDER or USER may request that SITE and PROVIDER send any records directly to a law enforcement officer. SITE and PROVIDER may also use and disclose your information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by SITE and PROVIDER about SITE USERS is among the assets transferred. SITE and PROVIDER will not use personal information collected for materially different, unrelated, or incompatible purposes without providing you with notice and/or updating this PRIVACY POLICY.
USER Access to and Control Over Information If required by applicable law, USER can do the following by contacting PROVIDER via the email address or phone number listed below in the ‘Contact Us’ section:
For more information regarding SITE’s compliance with state-specific consumer privacy laws, please see below. To stop receiving promotional or marketing emails or to opt-out of having USER’s information sent to third parties for marketing purposes, USER can follow the instructions in any promotional email USER receives from SITE. Even if USER opts out of receiving promotional or marketing emails, USER will still be contacted with transactional messages. USER has the right to access their data and provide instructions on how to go about doing so. An individual who seeks access, or who seeks to correct, amend or delete inaccurate data, as required by Momentix in accordance with applicable law(s), should direct their query to customerservice@momentix.com. SITE, PROVIDER, or FULFILLER will respond within a reasonable timeframe or as required by applicable law(s).
Use of Cookies, Third Party Advertising, Services & Data Collection Please note that third party vendors, including but not limited to Google, show advertisements for SITE on the Internet. Third party vendors, including but not limited to Google, use cookies to serve advertisements based on USER’s prior visits to SITE. To opt out of Google’s use of cookies and web beacons, USER can visit the Google advertising opt-out page available on Google’s website at https://policies.google.com/technologies/ads. SITE may share, sell, or rent USER information collected voluntarily from USER on the SITE with third party vendors, advertising companies, or analytics providers including but not limited to Google. In addition, SITE participates in targeted advertising. SITE allows third-party companies to collect certain information when USER visits SITE to provide measurement services to SITE and target ads to USER. SITE uses this information to serve ads for SITE’S products or services or for the products or services of other companies when USER visits this SITE or other websites. These companies use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware or software information, cookie and session ID) and personally identifiable information (e.g. IP address) during USER’s visits to this SITE and other websites in order to provide advertisements about goods and services likely to be of greater interest to USER. These parties typically use a cookie, third party web beacon, or other similar technologies to collect this information. SITE also works with third parties that collect information across various channels. Such third parties use this information to recognize USER across different channels and platforms, including but not limited to, computers, mobile devices, smart TVs, over time for advertising, analytics, attribution, and reporting purposes. USER’s data may be transferred outside the country from which it was originally collected. Some browsers have a ‘do not track’ feature that lets USER tell websites that USER does not want to have USER’s online activities tracked. Currently, SITE does not respond to browser ‘do not track’ signals, but SITE does provide USER the option to opt out of targeted advertising. To learn more about this type of advertising or to opt-out of this type of advertising, visit https://www.aboutads.info/choices.We also use third-party technology services, including but not limited to Hotjar and Monetate, to better understand the needs of our website users. This enables us to optimize the services that we provide and your experience on the website. The third party advertising technology partners with which we partner may provide you the option to opt out of the use of information about your website visits and app usage for purposes of serving ads that are targeted to your interests. You can learn more about interest-based advertising and how to opt out of the use of your web browsing activity for interest-based advertising purposes by visiting the Network Advertising Initiative. Flash cookies are also used on SITE. Flash cookies are small pieces of information stored and accessed by Adobe Flash. If you want to disable these flash cookies, you’ll need to open the Adobe Settings Manager, accessible either by right clicking flash content and clicking ‘Global Settings’ or by navigating directly to your storage settings through the Flash Website. There you can clear some or all of your flash cookies manually through the Website Storage panel, or even turn off Flash Storage completely. However, please remember this could prevent some parts of the SITE from working properly.
Hotjar and Your Privacy Hotjar uses cookies and other technologies to collect data on users’ behavior and devices: in particular, device UP address (captured and stored only in anonymized form), screen size, device type (unique device identifiers), browser information, geographic location (country only), and preferred language. Hotjar stores this information in a pseudonymized user profile. Neither Hotjar nor we will ever use this information to identify individual users to match it with further data on an individual user. For further details, please see Hotjar’s privacy policy by following this link You can opt-out of the creation of a user profile, Hotjar’s storing of data about your usage of SITE and Hotjar’s use of tracking cookies on other website’s by following this opt out link Monetate and Your Privacy Monetate uses cookies and Javascript to automatically collect data on users’ behavior and devices, which may include: IP address; screen dimensions; color depth; whether Java is enabled on the device; operating system; browser type and language; whether the browser accepts cookies; Internet connection type; referring URL; time stamp; pages viewed on the Websites; products viewed, placed in the cart, and purchased on the website; quantity, price, and purchase ID of products placed in cart and/or purchased on the website; and custom page data, as defined by the website. Based on the data Monetate collects, Monetate may infer other information, such as postal code, country, state, time zone, weather, and geodemographic data. For further details, please see Monetate’s privacy policy by clicking on this link If you do not want Monetate to place cookies on your browser or device, you may use your browser’s preferences to turn that feature off and to delete persistent cookies. However, if you decide not to accept cookies from Monetate, the website may not function properly. Monetate commits to investigate and attempt to resolve complaints about your privacy and Monetate’s collection or use of your personal information within 45 days of receiving your complaint. European Union or Swiss individuals with inquiries or complaints regarding this Platform Privacy Policy should first contact Monetate at privacy@monetate.com. This site does not share users’ email addresses or other personal identifiers with Monetate, nor do we use Monetate to collect users’ email addresses or other personal identifiers.
Security PROVIDER takes reasonable precautions to protect USER information. When USER submits sensitive information via SITE, USER information is protected both online and offline. Whenever PERSONAL INFORMATION or other sensitive information (such as credit card data) is collected, we strive to protect that information by encrypting and transmitting that data to SITE in a secure way. PROVIDER is committed to not re-identifying sensitive information collected by SITE. While encryption is used to protect sensitive information transmitted online, PROVIDER also protects USER information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to PERSONAL INFORMATION. The computers and servers on which PERSONAL INFORMATION is stored are kept in a secure environment. Nonetheless, the transmission of information via the internet is not completely secure and therefore PROVIDER cannot guarantee the security of data sent to SITE electronically, and transmission of such data is therefore entirely at your own risk. If USER feels that PROVIDER is not abiding by this PRIVACY POLICY, USER should contact SITE immediately via telephone at 213-858-1339 or via email at customerservice@momentix.com.
Users Only of Legal Age of Majority SITE is designed and intended for those who have reached the age of majority (18 years of age). By using SITE, you affirm that you are at least 18 years of age or older. SITE and PROVIDER are not liable for any damages that may result from a user’s misrepresentation of age. No one under the age of 13 is authorized to submit or post any information, including personally identifying information, on SITE. Under no circumstances may anyone under age 13 use SITE. Parents or legal guardians of children under 13 cannot agree to these Terms on their behalf.
Rights of California Residents under the CCPA CCPA provides California residents with specific rights regarding their personal information. Access to Specific Information and Data Portability Rights You have the right to request that the SITE disclose certain information to you about the collection and use of your PERSONAL INFORMATION over the past twelve (12) months. Once PROVIDER receives and confirms your verifiable consumer request, PROVIDER will be able to disclose to you:
Deletion Request Rights You have the right to request that SITE delete any of your PERSONAL INFORMATION that has been collected from you and retained, subject to certain exceptions. Once PROVIDER receives and confirms your verifiable consumer request, SITE and PROVIDER will delete (and will direct FULFILLER to delete) your PERSONAL INFORMATION from records, unless an exception applies. PROVIDER may deny your deletion request if retaining the information is necessary for PROVIDER or FULFILLER to:
Personal Information Sales Opt-Out Rights If you are a California resident, you may request to opt-out of the sale of your personal information by emailing us – privacy@momentix.com You do not need to create an account with SITE to exercise your opt-out rights. Fulfiller will only use personal information provided in an opt-out request to review and comply with the request.
Exercising Access, Data Portability, and Deletion Rights To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by emailing: privacy@momentix.com Email us to learn what categories of PERSONAL INFORMATION about you has been collected, used, sold or transferred, including how the PERSONAL INFORMATION was collected; – to opt out of the sale of your PERSONAL INFORMATION; or – to request that your PERSONAL INFORMATION be deleted Only you, or your duly authorized representative, may make a verifiable consumer request related to your PERSONAL INFORMATION. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must: – Provide sufficient information that allows us to reasonably verify you are the person about whom PERSONAL INFORMATION was collected or an authorized representative – Describe your request with sufficient detail that allows PROVIDER to properly understand, evaluate, and respond to it. PROVIDER cannot respond to your request or provide you with PERSONAL INFORMATION if PROVIDER cannot verify your identity or authority to make the request and confirm that the PERSONAL INFORMATION relates to you. In your request, you need to provide enough information that allows PROVIDER to reasonably verify that you are the person that information was collected about. Making a verifiable consumer request does not require you create an account with us. PROVIDER will only use PERSONAL INFORMATION provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request. Response Timing and Format PROVIDER will provide a response to a verifiable consumer request within forty-five (45) days of its receipt. If PROVDER requires more time (up to 45 days), PROVIDER will inform you of the reason and extension period in writing. Any disclosures PROVIDER provides will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response PROVDER provides will also explain the reasons PROVIDER or FULFILLER cannot comply with a request, if applicable. For data portability requests, PROVIDER will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. PROVIDER does not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If PROVIDER determines that the request warrants a fee, PROVIDER will tell you why PROVIDER made that decision and provide you with a cost estimate before completing your request. NON-DISCRIMINATION PROVIDER will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, PROVIDER will not: – Deny you goods or services – Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties – Provide you with a different level or quality of goods or services. – Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services. OTHER CALIFORNIA PRIVACY RIGHTS California Civil Code Section § 1798.83, the “Shine the Light” law, permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to privacy@momentix.com
Copyright Infringement Notification Should USER wish to file a copyright infringement notification with SITE, USER will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to SITE’s designated agent at: Copyright Complaints Momentix, 700 W 9th Street, Suite 2920, Los Angeles, CA 90015 Email: customerservice@momentix.com Please note the following:–Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Service and Advertising Emails SITE may send USER several service-related emails to the email address given when placing an order. These include but are not limited to a confirmation email with details of USER’S order, a pre-event email reminder about the event to be attended, and a post-event email gathering feedback on the USER’S experience. When USER places an order, SITE may also add USER to the weekly mailing list to be informed of upcoming events. USER can opt out of these emails at any time by notifying customerservice@momentix.com
COVID-19 (Coronavirus) Related Event Cancellations and Postponement To assure fans’ safety during these uncertain times, all tickets are subject to restrictions and requirements put in place by venues, teams, or government authorities as it pertains to proof of COVID-19 vaccination, proof of negative COVID-19 test, social distancing, wearing personal protective gear, age restrictions, or similar measures. If you cannot attend the event due to your failure or inability to comply with such requirements, you will not receive a refund. If the event is held without fans or reasonably similar seats are not available, you will receive a refund as if the event was canceled. In light of recent developments related to COVID-19 and with great concern for our customers’ safety and wellbeing, we established the following terms for COVID-19 related event cancellations and postponements effective immediately:
Amendments SITE reserves the right to amend this policy at any time. SITE will post a notice of changes on its SITE, when and if the terms of this policy are amended.
Consumer Personal Information Request
Supplemental Terms for NFL Ticket Sales For Current NFL Season Your use of any ticket to an NFL or NFL team’s game or event (“Event”) is subject to these Supplemental Terms (“Supplemental Terms”) as well as the Momentix terms and conditions, and any additional terms and conditions (“Terms”) imposed by the applicable home team (“Event Provider”), Event venue, promoters and Event organizers, federal, state or local authorities. To the extent these Supplemental Terms directly conflict with any of the applicable Terms, the Terms will apply. By purchasing or using a ticket for an Event, you, on behalf of yourself and anyone on whose behalf you are purchasing a ticket (including any accompanying minors), acknowledge having read these Supplemental Terms and other applicable Terms, and agree to be bound by them.1. SAFETY AND HEALTH POLICIES Due to the uncertainty related to the COVID-19 pandemic, your Event tickets and admission are subject to all stadium and Event Provider safety and health policies. You acknowledge that due to the evolving nature of the pandemic, the Event Provider may continue to develop and update these policies in the intervening time between your purchase and the Event date. By using Event tickets, you acknowledge and agree that you will comply with such policies and your attendance at the Event is conditioned on such compliance. If your admission to the Event is denied or revoked because you have willfully failed or refused to comply with any such safety and health policies of the stadium or Event Provider, you will not be eligible for a refund.2. ASSUMPTION OF RISK, RELEASE, WAIVER & COVENANT NOT TO SUEAN INHERENT RISK OF EXPOSURE TO COVID-19 EXISTS IN ANY PUBLIC PLACE WHERE PEOPLE ARE PRESENT. COVID-19 IS AN EXTREMELY CONTAGIOUS DISEASE THAT CAN LEAD TO SEVERE ILLNESS AND DEATH. ACCORDING TO THE CENTERS FOR DISEASE CONTROL AND PREVENTION, SENIOR CITIZENS AND THOSE WITH UNDERLYING MEDICAL CONDITIONS ARE ESPECIALLY VULNERABLE. BY ATTENDING THE EVENT, YOU VOLUNTARILY ASSUME, ON BEHALF OF YOURSELF AND ALL ACCOMPANYING MINORS, ALL RISKS RELATED TO EXPOSURE TO COVID-19.On behalf of yourself and your Related Persons (defined below), you further hereby release (and covenant not to sue) each of the Released Parties (defined below) with respect to any and all claims that you or any of your Related Persons may have (or hereafter accrue) against any of the Released Parties and that relate in any way to (i) your exposure to COVID-19; (ii) your entry into, or presence within or around, the Event (including all risks related thereto, and including without limitation in parking areas or entry gates) or compliance with any protocols applicable to the Event; or (iii) any interaction between you and any personnel of any of the Released Parties present at the Event, in each case whether caused by any action, inaction or negligence of any Released Party or otherwise. As used herein:
3. SEVERABILITY CLAUSE If any provision or part of these Supplemental Terms is held to be illegal, unenforceable or ineffective, such provision or part thereof shall be deemed modified to the least extent necessary to render such provision legal, enforceable and effective, or, if no such modification is possible, such provision or part thereof shall be deemed severable, such that all other provisions in and referenced in these Supplemental Terms remain valid and binding.
These policies were last amended on Wednesday, June 21, 2023.
Virtual Services Terms
Virtual Experiences
Through SITE, USER may purchase the right to access virtual experiences where you can receive a service through the internet rather than in person. These virtual experiences include personalized videos (“VIDEOS”), virtual lessons (“LESSONS”), virtual meet and greets (“M&G”), virtual reality experiences (“VRES”) and other similar services that may be added later collectively “VIRTUAL SERVICES”, from celebrities, including athletes, actors, performers, artists, influencers, and others (each, a “TALENT USER”). From the list of the virtual experiences posted on the SITE USER may submit a request to a TALENT USER for a VIRTUAL SERVICE for USER or a third party that USER identifies as a recipient (“RECIPIENT”).
All VIRTUAL SERVICES are provided by third party providers, not SITE. SITE is not responsible for the acts or omissions of such third party providers.
USER acknowledges and agrees that TALENT USER has sole discretion to determine how to fulfill USER’s request and the content of the VIRTUAL SERVICES created or conducted, and that TALENT USER shall not be required to follow USER’S request exactly.
A good faith effort will be made to schedule all VIRTUAL SERVICES within 7 business days of USER’S purchase. USER may request that TALENT USER reschedule a VIRTUAL SERVICE within 30 days of a USER’S originally scheduled experience start time, provided the request to do so is made and acknowledged 5 days before the experience start time. In the event TALENT USER’S availability changes, SITE reserves the right to reschedule USER’s experience at a mutually agreeable time. SITE will contact USER to reschedule using the contact information USER provided to SITE when placing the order for VIRTUAL SERVICES.
SITE reserves the right to refuse or reject service to anyone for any reason at any time. TALENT USER reserves the right to reject any request at their sole discretion.
VIDEOS are licensed, not sold. USER is buying a license to use it, not the actual VIDEO itself.
LESSONS are intended for one RECIPIENT only. One additional person (parent or guardian and/or purchaser) may observe at no additional fee. However, this is not encouraged, as it can be distracting for the RECIPIENT. SITE may require that USER pay an additional fee for any person who is not the parent or guardian of the RECIPIENT or purchaser of the LESSON.
VRES are a simulated experience where a third party provider uses a technology that provides USER with a simulated experience of stepping inside a computer-generated 3D world. USER will need to have certain accessories to accept delivery of a VRE. Accessories may be included in the price of USER’s order if so specified. USER must provide a complete and accurate delivery address to receive such equipment. Due to the nature of the purchase the delivery address for such accessories cannot be modified once the order is submitted.
VIRTUAL SERVICES require that USER have certain equipment to accept delivery of the service ordered. If equipment is not listed as included with the VIRUAL SERVICE ordered when USER places an order, it is USER’s responsibility to ensure that USER has the necessary equipment (including but not limited to high speed internet access, a device that can connect to the internet, or any materials necessary to participate in a LESSON or receive the VIRTUAL SERVICES) to accept delivery of the VIRTUAL SERVICES. SITE will not issue refunds because USER does not have the necessary equipment.
USER understands that USER’S information (not including credit card information), may be transferred unencrypted and that such transfer may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Virtual Experience Refund Policy
All VIRTUAL SERVICES are non-refundable. Notwithstanding the foregoing, if USER’S request for VIRTUAL SERVICES is rejected or if the VIRTUAL SERVICE is cancelled rather than rescheduled, USER will receive a refund for the cancelled or rejected VIRTUAL SERVICES less the value of any items or components that were processed, delivered or redeemed.
Virtual Experience Behavior Policy
USER must behave in a respectful manner. For more details, please consult our Experience Guidelines.
Limited License to Use the Virtual Services
In exchange for paying the required fee, USER acquires a limited license to use the VIRTUAL SERVICES solely for USER’s personal use as specified in these terms and for a single use unless otherwise specified. USER shall not reproduce, duplicate, copy, sell, resell or exploit any portion of the VIRTUAL SERVICES, or access the VIRTUAL SERVICES or any content on the SITE through which the VIRTUAL SERVICES are provided, without express written permission from SITE.
Subject to USER’s payment in full of the required fee and these terms, TALENT USER hereby grants USER the following limited rights to use the VIDEO solely for USER’S own personal, non-commercial, and non-promotional purposes: a non-exclusive, royalty-free, fully paid, worldwide, sublicensable, revocable license to use, reproduce, distribute, and publicly display the VIDEO, in any and all media (for example, on social media platforms), whether now known or hereafter invented or devised.
USER shall not sell, resell, or encumber TALENT USER’S rights in any VIDEO. USER may sublicense USER’S rights in a VIDEO only to the extent necessary for USER to use the VIDEO as permitted under these Terms (for example, sharing it with friends on a social media platform or sending it to a RECIPIENT in each case solely for personal, non-commercial, and non-promotional purposes as set forth above).
USER may use a VIDEO only in accordance with these terms, which includes the VIRTUAL SERVICES Acceptable Use Policy. SITE may terminate all or part of the licenses granted in these VIRTUAL SERVICES TERMS at any time for any reason. SITE reserves the right to remove a VIDEO from our SITE at any time for any reason without any notice to USER.
USER agrees that a M&G is priced based on one to four RECIPIENTS for a specified period of time via virtual teleconferencing. Larger groups require prior approval and payment of additional fees.
Additional Terms
Some VIRTUAL SERVICES may have additional terms and conditions that USER must agree to in order to use the VIRTUAL SERVICE (“ADDITIONAL TERMS”). If ADDITIONAL TERMS apply, we will make them available to USER in connection with that product or service. By using that product or service, USER agrees to the ADDITIONAL TERMS. To the extent that the ADDITIONAL TERMS conflict with any of these Terms, these Terms will govern unless the ADDITIONAL TERMS say that some or all of these Virtual Experience terms do not apply.
Virtual Experience Acceptable Use Policy
Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct specified in this Acceptable Use Policy and elsewhere on the SITE. The following Acceptable Use Policy applies to USER’S use of VIRTUAL EXPERIENCES:
USER is responsible for USER’s use of any VIDEO, LESSON, VIRTUAL REALITY product or other VIRTUAL SERVICE and any activity that occurs through USER’S SITE account.
By using the Virtual Experiences, USER represents and warrants that:
Virtual Experience Guidelines
Thanks for purchasing a virtual experience! We can’t wait to coordinate your virtual experience! Are you ready? It’s going to be awesome! Here are our guidelines to help you maximize your virtual experience.
Virtual Meet & Greets
Please DO the following:
Actors
Musicians
Professional Athletes
You get the idea! Have questions to ask the performer about their specialty and so you can get the most out of your time.
Please DO NOT do any of the following:
Virtual Lessons
Please DO the following:
Please DO NOT do any of the following:
Amendments
SITE reserves the right to amend its Virtual Services Terms at any time. SITE will post a notice of changes in its SITE, when and if the terms of this policy are amended.
Momentix’s Virtual Services Terms were last amended on Wednesday, June 21, 2023.
Gift Card Terms & Conditions
The following terms and conditions (“GC Terms”) apply to purchase and use of gift cards from SITE. SITE’s gift cards are issued by Momentix, Inc (“SPONSOR”) and represent an obligation of SPONSOR. Purchase, use, or acceptance of a gift card constitutes acceptance of these GC Terms. Please refer to SITE’s Terms and Policies above which govern your use of SITE and apply additional conditions to any purchases made on SITE using gift cards.
Use and Restrictions of Gift Cards
All sales of gift cards are final, there are no refunds for gift card purchases. Gift cards do not expire. Gift cards can only be redeemed for purchase of event tickets on SITE or by calling SITE’s customer service department. Gift card values will be applied to the whole order including service fees and delivery fees. Gift cards can be used on multiple purchases until the full value of the gift card is redeemed, however if an order total is greater than the value of the gift card, the whole gift card value shall be applied to that order. Gift cards cannot be combined with any other discount offer. Gift cards are not redeemable for cash and cannot be returned for a cash refund except to the extent required by law. Gift cards are not debit or credit cards. Gift cards cannot be used to purchase gift cards. Gift cards are transferrable. To obtain your gift card balance, please contact Customer Support at +1 213-858-1339.
Pricing and Payment Methods
All gift card prices are in United States Dollars (USD) unless otherwise specifically stated. Gift cards may be purchased using a valid credit card or with alternate payment methods including PayPal, Apple Pay, and Venmo; SITE may add additional payment methods.
Fraudulent Use
In order to prevent fraud, SITE and SPONSOR reserve the right to require USER or the recipient of a gift card to provide additional proof of identify on any gift card purchase or redemption. Proof of identity may include but is not limited to a signed credit card authorization and/or copies of public documents such as a state driver’s license or federal passport. SITE and SPONSOR reserve the right to limit the dollar amount of gift cards that may be purchased or redeemed by anyone to comply with law or if SITE or SPONSOR suspect fraud or other illegal activity and to reject or cancel any gift order that SITE or SPONSOR in their sole discretion believe is fraud, which fails to comply with law or which SITE or SPONSOR suspect may be connected to illegal activity.
Risk of Loss
Protect your gift card as you would cash. Ownership and risk of loss of gift cards passes to the purchaser as soon as SITE sends confirmation of purchase to the purchaser. Lost, stolen, or damaged gift cards will not be replaced except where required by law and only if the requester provide the original confirmation or delivery email as proof of purchase and if the gift card has never been used and retains its original value.
Delivery of Gift Cards
Neither SITE nor SPONSOR is responsible for gift cards that are undeliverable or not received due to USER’s failure to enter an accurate email address. USER should make sure the email address provided with USER’s order is correct and contact Customer Support at +1 213-858-1339 if USER does not receive the gift card within seven (7) days of purchase.
Privacy
Information that USER provides when purchasing a gift card is subject to SITE’s Privacy Policy. Please review SITE’s Privacy Policy carefully to understand how SITE collects and uses USER’s information. If available and requested, SPONSOR or SITE may provide the purchaser of a gift card with information about the redemption status of the gift card.
Disputes
These GC Terms shall be construed in accordance with and governed by the laws of the United States and the State of Connecticut without reference to their rules regarding conflicts of law. USER hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Hartford County, Connecticut in all disputes arising out of or related to the gift cards.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER SITE NOR SPONSOR MAKES ANY WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE GIFT CARDS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL SITE BE LIABLE TO USER FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF SITE OR SPONSOR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF A GIFT CARD IS NON-FUNCTIONAL DUE TO SITE OR SPONSOR’S ERROR, USER’S SOLE REMEDY, AND SITE AND SPONSOR’S SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD WITH ONE OF EQUAL UNUSED VALUE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER AND USER MAY HAVE ADDITIONAL RIGHTS. IN SUCH JURISDICTIONS, SITE AND SPONSOR’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
General
These GC Terms are subject to change at any time without notice. As permitted by applicable law, any change will become effective at the time we post the revised GC Terms on SITE. Unless otherwise specified, the change will apply to future and existing gift cards. SPONSOR may delegate its issuer obligations to an assignee. If delegated, the assignee, and not SPONSOR will be sole obligor to card owner.
Amendments
SITE reserves the right to amend its Gift Card Terms & Conditions at any time. SITE will post a notice of changes in its SITE, when and if the terms of this policy are amended.
Momentix’s Gift Card Terms & Conditions were last amended on Wednesday, June 21, 2023.