PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE WEBSITE AND ASSOCIATED SERVICES. BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. PLEASE READ THEM CAREFULLY BEFORE MAKING A TICKET REQUEST.
DAYTON.LIVE MAY, FROM TIME TO TIME, AND RESERVES THE RIGHT, IN ITS SOLE AND ABSOLUTE DISCRETION, TO MODIFY, LIMIT, CHANGE, DISCONTINUE, OR REPLACE THE WEBSITE OR THIS AGREEMENT. IN THE EVENT CINCY.LIVE MODIFIES, LIMITS, CHANGES, OR REPLACES THE WEBSITE OR THIS AGREEMENT, YOUR USE OF THE WEBSITE AFTER SAID MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT CONSTITUTES YOUR MANIFESTATION OF ASSENT TO THE MODIFICATION, LIMITATION, CHANGE, OR REPLACEMENT.
1. About the Site
Dayton.Live provides a safe, secure service for event ticket buyers and organizations who put on events. The Website and related services are powered by GeoTix software and allow organizations to have targeted promotion and sales of their event tickets. Dayton.Live provides consumers access to information and event tickets listed by pre-qualified, legitimate organizations. The tickets offered through the Website are owned, listed for sale, and fulfilled by the respective ticket merchant organizations. Dayton.Live does not hold any ticket inventory, but acts as a safe, secure ticket marketplace for buyers and sellers.
You must be at least twenty-one (21) years of age to purchase a ticket to an event that serves alcoholic beverages. You understand that Dayton.Live is not obligated to provide any maintenance, technical or other support for the Website.
2. Warranties and Representations
You warrant and agree that you have the right and legal capacity to enter into this Agreement and to adhere to its terms and conditions. You warrant that you are not prohibited from assenting to this Agreement by any preexisting Agreement.
You warrant and represent that any and all information that you provide to Dayton.Live and the Website is accurate and valid. You agree to comply in good faith with the terms of this Agreement.
Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in the United States and Dayton.Live makes no representation that its Website or services are appropriate, lawful, or available for use in other locations. Dayton.Live does not offer the Website where prohibited by law.
Dayton.Live guarantees that the tickets you purchase through Dayton.Live will be 100% authentic and timely delivered. If someone is sitting in your assigned seat, you warrant and agree that it is your responsibility to ask them to move or to ask an usher to assist you.
3. Ownership of Website and License
You acknowledge and agree that Dayton.Live is the owner of, or has rights in and to, the Website and its associated content, including but not limited to all intellectual property rights inherent therein. The Website is protected by all applicable laws, intellectual property or otherwise, and you are expressly prohibited from using the Website for any purposes not explicitly stated in this Agreement. Specifically, and except where otherwise allowed under this Agreement, you are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Dayton.Live.
Datyon.Live hereby grants you a limited, non-exclusive, non-sublicensable, royalty free, non-assignable, and revocable license to use the Website for its customary and intended purposes. Use of the Website for a use outside of its customary and intended purposes or in violation of the terms of this Agreement will result in the termination of this license. Absent prior written permission from Dayton.Live, you are not permitted to reproduce, prepare derivative works, distribute copies, perform, display, or use for commercial purposes the Website or its content. This license is revocable at any time, and any rights not expressly granted herein are reserved to Dayton.Live.
All trademarks, common law or registered trademarks, displayed on this Website are the property of their respective owners. Specially, all Dayton.Live marks are the property of Dayton.Live, including, but not limited to Dayton.Live and all Dayton.Live logos. The Website, including its look and feel, color selections, layout, and arrangement, is the trade dress of Dayton.Live. You are prohibited from using Dayton.Live’s trademarks, service marks, and trade dress, or any colorable imitation thereof, to indicate the source of, sponsorship of, approval of, affiliation with, connection with, or association with your goods or services without the prior written consent of Dayton.Live.
5. Account and User Registration; Ticket Transactions; Termination
To use Dayton.Live’s ticket purchasing services, you must register a free Account and create a User Profile. You can register an Account and create a User Profile through your Facebook account or by completing the required information on the Website.
To use Dayton.Live’s ticket purchasing services, you must register a free Account and create a Merchant Organization Profile. Merchant organizations can register an Account and create a Merchant Organization Profile by completing the required information on the Website, which includes the merchant organization’s refund policy and the specific contact individual for the merchant organization. Additional individuals can be added to a specific Merchant Organization Profile. Merchant Organizations must also agree to the Merchant Organization Contract online by using electronic signature or through a Dayton.Live representative by using a digital (PDF) or physical (written) contract.
Users may make event ticket payments to Dayton.Live on the Website or by phone. Credit card payments are processed online through a third-party payment processor, such as Forte. Dayton.Live makes Automated Clearing House (ACH) direct deposit payments through merchant accounts to respective merchant organizations.
Dayton.Live collects service fees for each ticket transaction made through Dayton.Live. The service fee helps Dayton.Live recover some of the costs associated with processing payments, securing and shipping tickets, and other necessary costs to ensure all tickets are authentic, as well as marketing efforts. Shipping charges are calculated based on the delivery location and delivery method selected by the User, and only applicable if chosen as an option by the respective Merchant Organization that the User is purchasing from.
Merchant organizations may agree on standard fee schedules online for ticket transactions when registering for an account and creating a Merchant Organization Profile. Dayton.Live reserves the right to decide whether they will negotiate with merchant organizations regarding the standard fee schedules. Merchant Organizations may choose to eliminate the fees associated with the specific event ticket prices, as shown to the public, but in this case they will pay the fees from their ticket proceeds.
All prices are listed in U.S. Dollars (USD) and are guaranteed only after (i) your credit card has been charged and (ii) your purchase is completed. Please check your tickets carefully upon arrival, and contact our Customer Care department at least 48 hours prior to the event if you have not received your tickets or if you have questions regarding the tickets you received. If you have not received a confirmation from Dayton.Live that your ticket request has been finalized, you should not assume that your ticket request will be fulfilled.
All deposits are non-refundable. If Dayton.Live has provided you with a Confirmation, we have already committed to acquiring and securing those tickets for you.
After purchasing your requested tickets from Dayton.Live, your credit card will be charged and you will receive an email communication from Dayton.Live confirming your request has been finalized, along with a receipt. In the event the physical tickets or bar code electronic ticket is not yet available, the email confirmation will act as the ticket until the ticket is delivered. If you have not received your tickets either through email or a physical ticket in the mail from Dayton.Live 48 hours prior to the event, please call our office to check on your order. If you have chosen Will Call, your tickets will be available at the gate or box office of your event. Orders may not be cancelled due to problems with receipt of emails. NEVER make assumptions regarding the status of an order due to the lack of communications from Dayton.Live. Dayton.Live defers entirely to the cancellation and refund policy in place at the organization from which you purchased tickets. Dayton.Live does not determine either whether an event is cancelled or whether a refund is issued. See the organization’s policy associated with their organization profile on Cincy.Live.
You agree that you are solely responsible for paying all applicable taxes, duties, levies, or charges imposed by any governmental entity anywhere in the world in connection with your use of the Website and/or purchase of services through the Website to that applicable governmental entity.
Dayton.Live may change any terms, conditions, rates, fees, expenses, or charges regarding your use of the Website at any time. Your use of the Website shall constitute acceptance of any changes made to this Agreement.
You agree to provide Dayton.Live with accurate, up to date, and complete information. You understand and agree that you have an ongoing duty to update your personal information if and when it changes. You are expressly prohibited from creating an Account or User Profile that impersonates another person or otherwise violates the rights of a third party. Dayton.Live reserves the right to restrict access to, suspend, disable, or delete your Account or User Profile at any time, in its sole discretion, and without prior warning. You are expressly prohibited from selling, leasing, lending, assigning, or otherwise transferring your Account or User Profile.
You agree to keep your Account secure from unauthorized access. You will log in using your account password. You should not to reveal your password to others. You agree that you alone are responsible for your Account and all associated User Profiles. You accept full responsibility for any and all use of your Account, whether authorized or unauthorized. In the case of unauthorized access to your Account, you agree to contact Dayton.Live immediately. You agree to hold harmless and indemnify Dayton.Live for any damages that arise out of or in relationship to the use of your Account. By creating an Account, you agree that Dayton.Live, and its designees and agents, may contact you by any available means, include, but not limited to, by email.
6. Ticket Delivery; Ticket Refunds; Postponed/Cancelled Events
You may request that tickets be shipped to you. All tickets shipped will be done so via regular first class mail. It is your responsibility to contact Dayton.Live at 513-297-1351 to request express delivery if you deem that necessary. If you request Dayton.Live use express delivery services it is your responsibility to track your package. You agree to provide Dayton.Live with a secure delivery location. If you provide a delivery location other than your credit card billing location, you hereby specifically agree to be responsible for that delivery and the tickets once delivered to the address you specify. You agree not to dispute such charges. Your expected ticket arrival date is based on the actual date Dayton.Live ships the order.
Please note that refusal of the package does not constitute refusal of payment. You hereby agree that you are responsible for all ordered tickets where an attempt has been made to deliver them or make them available to you. You hereby agree you are responsible for all ordered tickets even if you attempt tortious return them.
Dayton.Live is not responsible for any refunds, exchanges, consignments, or cancellations. All refunds, exchanges, and cancellations are handled directly by respective merchant organizations, in accordance with their specific policies. If an event is postponed or rescheduled, you must address your questions with the specific merchant organization for the specific event. Merchant Organizations who have their own policies will list such policies on their Merchant Organization page on the Website. In certain circumstances, Cincy.Live will refund your credit card or create an alternate ticket to a new event only if we are instructed to do so by the respective merchant organization.
When you receive your tickets, keep them in a safe place. Tickets cannot be replaced if they are lost, stolen, or damaged. Please note that direct sunlight and heat can damage some tickets.
7. User Generated Content
Dayton.Live may provide you with the ability to submit user generated content to the Website, which may include but is not limited to text and other content (collectively “User Generated Content”). Except as otherwise licensed herein, you own all rights in and to your User Generated Content. User Generated Content may be hosted, shared, and/or published as part of the Website’s associated services. Beside the specific Merchant Account numbers, the Merchant Account Profile is publicly available on the site for anyone to see. User Generated Content entered into your private profile will be viewable only by Dayton.Live and by the specific Merchant Organization from which you purchased your respective event ticket. You expressly acknowledge that Datyon.Live does not guarantee any confidentiality with respect to any submissions of your User Generated Content.
By submitting User Generated Content to the Website, you grant Dayton.Live a non-exclusive, irrevocable, royalty free, worldwide, and perpetual license to use your User Generated Content for the customary and intended purposes of the Website and any purpose related thereto, including, without limitation, to reproduce, prepare derivative works, distribute copies, perform, display, research, and assess sales trends of any of the User Generated Content. These purposes may include, but are not limited to, providing you or third parties with the Website or its associated services, improving the Website or its associated services, and archiving or making backups of the Website. You agree to waive all moral rights in and to your User Generated Content across the world, whether you have or have not asserted moral rights in or to your User Generated Content. By submitting User Generated Content to the Website, you further agree to waive all rights of publicity or privacy with respect to the User Generated Content submitted.
You warrant that any User Generated Content that you submit to the Website will not violate the rights of third parties, including, but not limited to, trademark rights, copyright rights, and rights of publicity and privacy, or violate any applicable law, statute, ordinance, treaty, or regulation, whether local, state, provincial, national, or international.
You agree that you are solely responsible for any User Generated Content that you submit to the Site. Dayton.Live acts solely as a repository of data, and therefore makes no guarantees as to the validity, accuracy, relevance, usefulness, or legal status of any User Generated Content.
Dayton.Live reserves the right to remove User Generated Content without prior notice and may, at its sole discretion, remove User Generated Content that it determines, at its sole discretion, violates the terms of this Agreement. Dayton.Live also reserves the right to terminate a user’s access to the Website for any reason, including, but not limited to, for repeatedly infringing on the intellectual property or other rights of third parties or otherwise violating the terms of this Agreement, or for no reason, and without prior notice.
8. Section 230 of Communications Decency Act
You acknowledge and agree that Dayton.Live is an interactive computer service provider under Section 230 of the Communications Decency Act. Though Dayton.Live may edit, remove, or control the content displayed through the Website, you agree that Dayton.Live will not be considered an information content provider and will not be held liable for the republication of defamatory or tortious content created by third parties, whether through the Website or otherwise.
9. Third Party Links
You understand that the Website may contain links to third party websites, applications, or services that Cincy.Live does not own or control. You agree that Dayton.Live will not be held responsible or liable for the content of third party websites, applications, or services and that Dayton.Live’s inclusion of those websites, applications, or services within its Website does not constitute Dayton.Live’s endorsement of, recommendation of, or affiliation with any of those websites, applications, or services.
10. No Endorsement
Dayton.Live does not endorse or recommend any commercial product, process, or service. The views and opinions of users, contributors, and others expressed on this Website do not necessarily state or reflect those of Dayton.Live and are not intended to be used for advertising or product endorsement purposes.
11. User Conduct
You expressly agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website.
Specifically, you are expressly prohibited from: using a robot, spider, scraper, or other automated technology to access the Website; imposing a disproportionate load on the Website or its server infrastructure or otherwise attempting to interfere with the operation of the Website; circumventing Dayton.Live’s technological and physical security measures; impersonating another; posting or transmitting content that threatens or encourages bodily harm or destruction of property; posting or transmitting content that infringes upon the intellectual property rights of other users of the Website or third parties; posting or transmitting content that is offensive, derogatory, or obscene; posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, a pyramid scheme, or a chain letter; and posting or transmitting content intended to collect personal or personally identifiable information from users or third parties. If you encounter content or witness behavior that you believe is inappropriate and violates this Agreement, you may report it to Dayton.Live by sending an email to [email protected]
12. Term and Termination
This Agreement will remain in full force and effect so long as the Website is in operation. Dayton.Live may terminate this Agreement without liability at any time, without notice, and for any reason, including but not limited to for your violation of a term or condition of this Agreement.
13. Disclaimer of Warranties
Dayton.Live DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR SERVICES PURCHASED THROUGH THE WEBSITE. Dayton.Live PROVIDES THE WEBSITE AND THE SERVICES PROVIDED THROUGH THE WEBSITE ON AN AS-IS BASIS AND WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY.
Dayton.Live WILL NOT BE HELD LIABLE OR RESPONSIBLE FOR ANY CONTENT POSTED ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY ADVICE PROVIDED BY ANY THIRD PARTY, ANY THIRD PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. Dayton.Live IS A SERVICE PROVIDER AND DOES NOT ASSUME RESPONSBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, UNAUTHORIZED ACCESS TO AN ACCOUNT, OR ALTERATION THEREOF. Dayton.Live RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME.
Cincy.Live WILL NOT BE HELD LIABLE FOR NETWORK, INTERNET, COMPUTER, HARDWARE, OR SOFTWARE PROGRAM MALFUNCTIONS, FAILURE, DELAYS, OR DIFFICULTIES WITH THE WEBSITE AT ANY TIME.
14. Limitation of Liability
Dayton.Live WILL NOT BE LIABLE TO YOU UNDER ANY LEGAL THEORY FOR ANY DAMAGES, CLAIMS, INJURIES, JUDGMENTS, COSTS, OR LIABILITIES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE WEBSITE OR YOUR USE OF SERVICES OFFERED THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, LOSS OF INCOME, SPECIAL DAMAGES, INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES, PUNATIVE DAMAGES, OR EXEMPLARY DAMAGES. YOU UNDERSTAND AND AGREE THAT THE MAXIMUM AMOUNT THAT Cincy.Live CAN BE HELD LIABLE TO YOU UNDER ANY CIRCUMSTANCE IS THE AMOUNT THAT YOU PAID, IF ANY, FOR SERVICES PURCHASED THROUGH THE WEBSITE, AND IN NO CASE WILL THAT AMOUNT EXCEED $100. IF NO AMOUNT IS PAID BY YOU TO Cincy.Live, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.
THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. Dayton.Live IS NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS LISTED ON THE WEBSITE. Dayton.Live IS NOT LIABLE FOR CHANGES IN EVENT DATES AND TIMES PRINTED ON THE FACE OF THE TICKETS.
Dayton.Live IS NOT RESPONSIBLE FOR PROVIDING TRANSPORTATION OR REIMBURSEMENT OF TRAVEL-RELATED EXPENSES UNDER ANY CIRCUMSTANCES. IN ADDITION, Dayton.Live IS NOT RESPONSIBLE FOR ANY DELAY CAUSING YOU TO ARRIVE LATE OR MISS YOUR EVENT FOR ANY REASON. Dayton.Live IS NOT RESPONSIBLE FOR THE CONDITIONS OR THE ACTIONS OF THE CROWD AT ANY EVENT NOR IS Dayton.Live RESPONSIBLE FOR ANY CHANGES MADE AT THE VENUE INCLUDING, BUT NOT LIMITED TO, SEATING ARRANGEMENTS, STAGE SET-UP, OR VENUE CONDITIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES. IF YOUR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR LEGAL RIGHTS UNDER THE LAW.
You agree to hold harmless, indemnify, and defend Dayton.Live, its officers, employees, agents, successors, and assigns, from and against any and all claims, demands, losses, damages, rights, and actions of any kind, including, but not limited to, property damage, infringement, personal injury, and death, that either directly or indirectly arise out of or are related to your use of the Website, your use or provision of any services purchased through the Website, your reliance upon advice provided through the Website, your submission of User Generated Content to the Website, your violation of any term or condition of this Agreement, your violation of any applicable law, statute, ordinance, regulation, or treaty, whether local, state, national, or international, or your violation of the rights of a third party.
Your obligation to defend Cincy.Live under the terms of this Agreement will not provide you with the right to control Dayton.Live’s defense, and Dayton.Live reserves the right to control its defense and choose its counsel regardless of your contractual requirement to indemnify Dayton.Live.
You acknowledge and agree that you are prohibited from assigning your rights and obligations under this Agreement. Dayton.Live may assign its rights and obligations under this Agreement at any time, including but not limited to in a sale of the Website.
17. Resolution of Disputes and Governing Law
This Agreement will be interpreted under and governed by the laws of the State of Ohio without giving effect to any conflicts of laws principles. You agree that any claim or dispute that you may have against Dayton.Live will be exclusively resolved through arbitration.
YOU AND Dayton.Live AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITE, OR THE PURCHASE OF SERVICES FROM DAYTON.LIVE, INCLUDING ANY DISPUTES CONCERNING THE VALIDITY, INTERPRETATION, VIOLATION, BREACH, OR TERMINATION OF THIS AGREEMENT. ARBITRATION UNDER THIS AGREEMENT WILL BE HELD IN CINCINNATI AND IN ACCORDANCE WITH THE MOST RECENTLY EFFECTIVE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION. THE ARBITRATION PROCEEDING WILL BE DECIDED BY A SINGLE ARBITRATOR AND THE ARBITRATOR WILL DECIDE THE ARBITRATION PROCEEDING BY APPLYING THE LAWS AND LEGAL PRINCIPLES OF THE STATE OF MICHIGAN AND THE FEDERAL LAWS OF THE UNITED STATES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEYS’ FEES. YOU AND Cincy.Live AGREE THAT THE SITUS OF THIS AGREEMENT IS IN THE Ohio. YOU AND Cincy.Live AGREE TO SUBMIT TO THE EXCLUSIVE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.
If any provision of this Agreement is found to be invalid or unenforceable for any reason whatsoever, the remaining provisions will remain valid and unimpaired and will continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
Limitation On Actions
GeoTix shall hold harmless and shall indemnify Operator against any claim or lawsuit, other than claims or lawsuits by any third party related to intellectual property claims related to the use of the GeoTix Platform by Operator and attributable to GeoTix. No right of indemnity shall exist for any claims related to Event Organizers or Ticket Purchasers.
Operators and Event Organizers shall hold harmless and shall indemnify GeoTix for any claim or lawsuit by any third party related to Operator’s or Event Organizer’s breach of this Agreement.
The party seeking indemnification must notify the other party promptly in writing, not later than 30 days after the party seeking indemnification receives notice of the claim (or sooner if required by applicable law).
Dayton.Live AND YOU BOTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE WEBSITE OR ANY SERVICES PURCHASED THROUGH THE WEBSITE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. FAILURE TO ASSERT SAID CAUSE OF ACTION WITHIN ONE YEAR WILL PERMANENTLY BAR ANY AND ALL RELIEF.
Reservation of Rights
All rights not expressly granted herein are reserved to Dayton.Live.
Any notice required by this Agreement must be in writing, and must be mailed by certified mail with return receipt requested to:
Dayton Magazine, 714 East Monument Ave, Suite 132, Dayton OH 45402
A copy of any such notice must be emailed to [email protected], but email notice alone shall not comply with the notice requirements of this Agreement.