Sales and Purchase Terms and Conditions
By purchasing a merchandise item on www.devotionliveentertainment.com or www.summerfoamlive.com OR purchasing an admission ticket to an event produced by Devotion Live Entertainment, LLC, such as Summerfoam Live, you agree to the following terms and conditions:
This website is operated by Devotion Live Entertainment, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Devotion Live Entertainment, LLC; throughout the site, the terms “you,” “purchaser” and “ticket holder(s)” refer to the person accessing this site, the person purchasing admission tickets and the person holding a ticket with a reserved seat or general admission access. By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site.
Please read these Terms of Service carefully before purchasing from us. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use/purchase any services.
We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
WHO IS DEVOTION LIVE ENTERTAINMENT, LLC
Devotion Live Entertainment, LLC on behalf of Live Access Tickets, handles all tickets transactions and payment collection for events produced by Devotion Live, such as Summerfoam Live. Devotion Live Entertainment is also the producer and event promoter of the event you are purchasing tickets from.
SECTION 1 – ONLINE STORE ITEMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site or make a purchase. You may not use our products for any illegal or unauthorized purpose or, in the use of the Service, violate any laws in your jurisdiction. You must not transmit any worms or viruses or any code of a destructive nature.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and 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. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
SECTION 3 – PURCHASE POLICIES
- Currency: All events, items, fees and shipping charges are stated in US Dollars and must be paid in US Dollars.
- Payment Methods: All major credit cards, American Express, Visa, Discover, MasterCard, credit cards and debit card are accepted as a form of online payment. Local and cashier’s checks and cash are not accepted.
- Order Confirmation: If you do not receive a confirmation number (either confirmation page or email) after submitting your payment information, or if you experience an error message or service interruption after submitting your payment information, it is your responsibility to contact us at firstname.lastname@example.org to determine whether or not your order has been placed. We are not responsible for losses if you assume an order was placed because he/she failed to receive confirmation.
- Shipping: Items and tickets will be shipped two business days after payment is received. If a product cannot ship within the expected reasonable time, you will be notified and provided with a revised date and explanation. Shipping charges are non-refundable.
- Ticket Delivery Methods: Tickets are only delivered by Will Call at the venue's box office. You must pick up your tickets, with the ticket email confirmation, your valid photo-ID and the purchasing credit card, at Will Call before the start of the event. See your ticket, the venue’s website or the event’s website for the venue’s box office hours.
- Order Cancellation Policy: We reserve the right to cancel an order that cannot be fulfilled on time, or for any other reason. If an order is cancelled, you will be promptly notified and be issued a refund. You may only cancel an order 24 hours after the order is placed, and at no time after.
- Pricing Errors: If an amount paid for an admission ticket or merchandise item is incorrect because of an error in the posted price; is incorrectly communicated; or if a ticket or item is capable of being purchased before its scheduled on-sale or presale date; or if a ticket or item is capable of being purchased that was not supposed to have been released for sale, then we have the right to cancel that order and refund the amount paid; regardless of human error or a transactional malfunction.
- Warranty: All products are “sold as is” by us, unless furnished by a manufacturer defect or shipping damage.
SECTION 4 – MERCHANDISE SALES
Orders placed online are subject to the applicable return policy described herein. Items purchased at an event "merchandise booth or table" are non-refundable under all circumstance and are sold "as is." Items may be exchanged only at the specific event where the item was originally purchased and on the same date of purchase; and exchanged for the same purchase amount.
SECTION 5 – TICKET SALES RETURN POLICY
All Ticket Sales are Final - No Exchanges - No Refunds.
- Refunds for Cancelled Events: We'll contact ticket holders and issue a refund automatically, including fees and shipping costs.
- Refunds for Rescheduled Events: We'll contact ticket holders with the new date and time ASAP. If a ticket holder cannot make it to the rescheduled event, refunds are up to the artist, venue or promoter. If the event is postponed, we reserve the right to not issue refunds.
SECTION 6 - MERCHANDISE RETURN POLICY
No returns on digital downloads. Physical records may be returned, only if the seal is unbroken.
This Return Policy applies only to online sales.
Items must be in unused conditions. Return claims must be placed within 10 days of purchasing the item, and shipped back 10 business days after placing the claim. Returns will be processed within two business days. All returned items must be shipped back with the receipt and appropriate shipping contents. If the wrong order was shipped, we will pay for the return shipping. If a wrong order was placed, or for any other reason, the purchaser must pay the return shipping. Returns are given at a 100% refund, an exchange for the same price paid or an online store credit. We reserve the right to determine who is at fault in returning an item, and determining refunds or credits.
SECTION 7 – EVENT POLICIES
- Will Call: An official US government photo-ID is required to pick up tickets at Will Call or the venue's box office. Without a photo-ID, tickets cannot be retrieved.
- Changes In Itinerary: Ticket Holders agree we reserve the right to change or alter the event's itinerary without notice; including but not limited to the venue, date, start times, sponsor, setlists, opening acts, supporting acts, headliners, door times, VIP times and gates. VIP contents are subject to change for the same price paid. Ticket holders waive their right to file suit for claims regarding changes or alterations in itinerary.
- Changes In Setlist: We cannot guarantee the specific songs to be performed at the event. The performing artist(s) will be prepared with commercially acceptable material for the event. The performing artist(s) will perform songs that under normal conditions would be performed at other venues. Setlists may differ from other events. Ticket holders waive their right to file suit for claims regarding changes or alterations in setlists.
- Audience Behavior: Ticket holders are not permitted on stage for any reason unless allowed by a VIP credential or special access pass such as a Stage Pass, Press Pass, All-Access Pass or Backstage Pass. Ticket holders agrees to actively disengage in any such behavior, including but not limited to mosh pits, nudity, groping and slam dancing. Failure to comply with the Zero Tolerance Policy described herein may result in removal of the violator or suspension of the event without refund, postponement or damages.
- Use of Facilities: Ticket holders are permitted to use only the areas identified by us (hereinafter known as “Facility”). The Facility is to be used solely for its intended purpose and is provided in “as is” conditions. Ticket holders shall not use the Facility, or permit the Facility to be used for any unlawful or immoral purpose likely to injure person(s) or property(s) in or near the Facility. Ticket holders shall not make any alterations, additions, or other changes to the Facility or any property on the venue premise.
SECTION 8 – TICKET RESALES
Tickets are only valid to the original purchaser. No resales.
Unlawful Ticket Resales and Contests: Unlawful resales (or attempted resale), counterfeits or copies of tickets are grounds for seizure and revocation of admission without refunds. We reserve the right to restrict or deny ticket purchases if we determine a person has previously violated our policies. We sell tickets on an exclusive basis -- no other ticket retailer sells tickets for events including but not limited to: Summerfoam Live, Bright Night Tour and 20/20 Music and Arts Festival. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal prior written authorization is given by us.
SECTION 9 – MERCHANDISE RESALES
Purchasing an item does not authorize you to re-sell the item. No bootlegging.
Unlawful Merchandise Resales: All trademarks and service marks (taglines, symbols, logos, phrases, words, designs, or names of goods, products and service) and concert information, such as the date, venue, performer, sponsor, time and tour date(s) are proprietary information of us. Replication, duplication, manufacturing and distributing (known as bootlegging) such information is illegal under US law. Violators will be prosecuted. Purchasing a merchandise item does not grant you a license or right to manufacture and distribute the product.
SECTION 10 – EVENT ZERO TOLERANCE POLICY
We enforce a strict a Zero Tolerance Policy, which bans against undesirable behaviors and items such as: pushing, mosh pits, slam dancing, extreme compulsive screaming and explicit language, severe intoxication, offering/selling alcohol to minors, fighting, spitting, stage diving, nudity and groping. -- Respect others at all times. -- To ensure the safety of all patrons, the above items and behaviors are prohibited in and around all areas of the venue including the parking lot; regardless if allowed by the venue or local, state and federal law. Prohibited items must be surrendered at time of search and will go unreturned. See the event's website for details. By purchasing a ticket you and all ticket holders agree to our Zero Tolerance Policy.
Prohibited Items: See the event's website for a detailed list of prohibited items, this varies by event, promoter and venue. Typically, smoking, alcohol, weapons, tools, guns, ammo, knives, illicit items, illegal substances and nudity are prohibited.
SECTION 11 – RIGHT TO REFUSAL OF ENTRY
Ticket holders agree that we and our staff reserve the right, at all times, to (1) determine when an item is deemed "prohibited" or poses a risk to attending guests; and (2) refuse entry to any guest or remove a guest from the venue, regardless of their ticket purchase or admittance, who poses a risk to public safety, has violated the Zero Tolerance Policy or is intoxicated at entry, without questions, warnings or refunds. Persons carrying illegal substances or prohibited items will be prosecuted.
SECTION 12 – SEARCHES
All ticket holders and their belonging are subject to security searches, upon entry. Ticket holders consent to such searches and waive related claims that may arise. If a ticket holders denies a search, the ticket holder will be denied entry, without refund or other compensation.
SECTION 13 – ATTENDENTS WITH DISABILITIES
We will accommodate attendants with disabilities according to the US Attendants With Disabilities Act. At no point (including but not limited to the item description, availability, purchase and sale or before, during and after an event) can we or will de discriminate against a person with disability, including service animals. If you feel you were discriminated please file a complaint with us at email@example.com and include your name and phone number, the event name and date you attendant and an explanation of the issue. By contacting us, you grant us, including our representatives, permission to contact you including by telephone.
SECTION 14 – RECORDING, TRANSMISSION AND USE OF LIKENESS
No professional videotaping or photographing the event.
Ticket holders agree all events are considered "public" events, regardless of venue location. Ticket holders furthermore acknowledge privacy will not be regarded, including their actions, persona or conduct. Ticket holders grant us, the venue, the promoter, the performers, the event host, the sponsor and partner(s) permission to utilize their name, image, likeness, acts, poses, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, publication or reproduction made of, or at, the event for any purpose, in any manner and medium, without further authorization or compensation.
SECTION 15 – LIABILITY DISCLAIMER
Ticket holders enter and participate at your own risk.
We take cautious steps to ensure your safety; however, floors may become slippery. Foam, smoke and haze is non-toxic and non-harmful on skin (under normal conditions). Avoid eye contact with and inhaling any special effects. We disavows responsibility or liability for any and all injuries which may result in damages to any person(s). Persons with allergies, epilepsy, skin disorders, open wounds and the alike should consult with their doctor before attending. We advise to use common sense during the event and to remove wet clothing and bath after the event. STROBE LIGHTS WILL BE IN USE.
SECTION 16 – COMPLAINTS
Complaints and returns can be filed through customer service at firstname.lastname@example.org. Legal correspondence must be mailed to Devotion Live Entertainment, LLC Atten: Omar Blanco Valentin PO Box 82 Hampton, IA 50441. Complaints will be followed up within five business days.
- Mediation/Arbitration: Ticket Holders agree if a claim cannot be reasonably settled in a timely manner by us, the disputing parties agree to resolve the dispute with a mutually agreed-on mediator in the state of Iowa. Any costs and fees other than attorney fees will be shared equally by affected parties. If a mutually satisfactory solution is not reached within a reasonable time, the dispute is to be submitted to arbitration, experienced in entertainment law, and in the same region. Any decision from arbitration will include the assessment of costs, expenses, and reasonable attorney's fees and a written result from the arbitrators. An award of arbitration is final and binding, and may be confirmed in a court.
SECTION 17 - GENERAL
Nothing contained in these terms and conditions is deemed to commit either party a partner or employee of the other party; except for an Purchaser/Seller relationship. All terms and conditions express the complete understanding of all parties, and may not be amended except in a writing signed by all parties. If a court finds any section of these terms and conditions invalid or unenforceable, the remainder of the terms and conditions will be interpreted so as best to carry out the intent of the Devotion Live Entertainment. All terms and conditions are governed by and interpreted in accordance with the laws of Iowa. Neither party may assign, subcontract, transfer or delegate, in whole or in part, its rights or obligations under these terms and conditions except with the prior written approval of the other.
SECTION 18 – CONFIDENTIALITY AGREEMENT
Ticket holders agree that at no time shall confidential information be released without prior written consent of each party. Confidential Information includes: EIN, social security number, phone number, address, city, state, zip code, email, date of birth, state of residence and payment terms. If at any point there is a breach of contract or early termination, public knowledge of the dispute or breach shall be deemed confidential information. No information shall be sold, or used for any purpose other than sealing this binding contract. No party shall disclose or reveal confidential information to anyone except its employees, assigns and affiliated third-parties who have a need to know of the information, and who have entered into a non-disclosure contract with the respective party. Each party will be liable for any improper disclosure of information from its authorized personnel.
SECTION 19 – CONCLUSION
Ticket Holders confirm, approve and justify they have read, understood and approved each and all of the terms and conditions stated herein. It is the Ticket holder's responsibility to consult with a licensed attorney regarding any term or condition they do not understand. Devotion Live Entertainment and it's personnel, whether employee or contractor, is not at fault for failure to not read or comprehend any term or condition described herein. All terms and conditions are perpetual. In consideration of the terms and conditions, the ticket holder has been granted one admission entry for every ticket purchased to the event they are attending. Admissions and seats are reserved for the ticket holder only, whether the ticket holder is present or absent from the event. No other person will be permitted or made available to the specific seat listed on the ticket holder's ticket.
Last Updated: December 26, 2017