The following are the terms of use ("Terms") that govern your use of the TicketDhamaka sites and applications where this appears (collectively, the "Site"). Our Privacy Policy, and any other policies, rules or guidelines that may be applicable to particular offers or features on the Site are also incorporated into these Terms. By visiting or using the Site, you expressly agree to these Terms, as updated from time to time. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The "Last Updated" date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes. If you do not agree with any part of this Agreement, YOU MUST NOT USE ANY TICKETDHAMAKA OFFERING. TicketDhamaka reserves the right, in its sole discretion, to amend this Agreement at any time, without notice, by posting the amended terms on this Site. The amended terms shall be effective from and after the date that they are posted on this Site for new users and within fifteen (15) days following posting for current users. Your continued use of the Site or any TicketDhamaka Offering indicates your acceptance of the changes to this Agreement. If you do not agree to any change(s), you must stop using the TicketDhamaka Offerings. Otherwise, your continued use of the TicketDhamaka Offerings constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THIS SITE TO VIEW THE THEN-CURRENT TERMS OF THIS AGREEMENT. This Agreement may not otherwise be amended, except in a writing signed by both parties
Event Manager and Event Ticket Policy
The following are the terms and conditions under which TicketDhamaka.com is providing the ticketing service and under which this website is to be used.
Introduction and Definitions: TicketDhamaka.com Event Manager is the online service operated by TicketDhamaka, Inc., a New Jersey corporation with its principal place of business in Riverdale (the "Company"), on the World Wide Web of the Internet, consisting of ticketing services, ticketing resources, and related content provided by the Company, and by third parties. "Subscriber" means every person who establishes a connection for access to and use of TicketDhamaka.com.
Agreement with Terms and Conditions: This Agreement sets forth the terms and conditions that apply to use of TicketDhamaka.com by Subscriber. By using TicketDhamaka.com, Subscriber agrees to comply with all of the terms and conditions hereof.
Changes in Terms and Conditions: The Company has the right to change or discontinue any aspect or feature of TicketDhamaka.com, including, but not limited to, content, hours of availability, and equipment needed for access or use, at any time. The Company has the right to change or modify the terms and conditions applicable to Subscriber's use of TicketDhamaka.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use at any time. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on TicketDhamaka.com, or by electronic or conventional mail, or by any other means. Any use of TicketDhamaka.com by Subscriber subsequent to such notice shall be deemed to constitute acceptance by Subscriber of such changes, modifications or additions.
Ticketing: TicketDhamaka.com sells tickets on behalf of promoters, teams, bands and venues which means TicketDhamaka.com does not set the ticket prices or determine seating locations. All ticket sales are final and no exchanges or refunds are allowed after a purchase has been made. Where tickets are mailed to the Subscriber, neither the client nor TicketDhamaka.com will replace lost, stolen, damaged or destroyed tickets. When you receive your tickets, please keep them in a safe place. Please note that direct sunlight or heat can sometimes damage tickets. Where "Ticket Delivery" feature is available and chosen, please allow enough time for the delivery of your ticket order. If you have selected delivery by mail, please allow at least fourteen business days after your order is placed to receive your tickets. For express delivery allow at least 2 business days. These are approximate times, and TicketDhamaka.com is not responsible for deliveries that take longer. Will call orders can be processed up to the day of the event. Where "Will Call" feature is available and chosen, the Subscriber must show proof of identification and a printed copy of the electronic receipt to receive the actual ticket. Occasionally, events are cancelled, delayed or postponed by the promoter, team, performer or venue for a variety of reasons. If the event is cancelled, delayed or postponed for any reason please contact the organizer for information on receiving a refund. If the event was moved or rescheduled, the venue or promoter may set refund limitations. TicketDhamaka.com assumes no responsibility for such refunds and processes refunds only as instructed by the event organizer. TicketDhamaka.com will send a confirmation of the order for tickets via email to the subscriber upon successful processing of the order. It is the responsibility of the Subscriber to ensure that the email address provided is correct and accurate.
There are absolutely No Refunds or Exchanges or Transfers for Event and Movie ticket purchases. You purchase event and movie tickets at your own discretion. If you encounter any problems with your ticket purchase, you must resolve the matter directly with the event or movie theater management. If the event or movie theater management instructs us to refund or exchange your ticket purchase, only then can we process such a request.
For Print Out Tickets: If you are purchasing more than 1 ticket, you must be present at the box office along with your guests for entry. Your guests will not be allowed entry if you are not physically present with them to present the order receipt and your ID.
ALL TICKETS ARE NON-REFUNDABLE AND NON-TRANSFERABLE. THE PERSON WHOSE NAME THE TICKET IS ISSUED IN, MUST ALSO BE PRESENT AT THE DOOR ALONG WITH A VALID PHOTO ID. PLEASE NOTE THAT YOU WILL HAVE TO TAKE A PRINT OUT OF THE ORDER RECEIPT AND SHOW IT AT THE VENUE. ANY FAILURE TO DO THIS, MAY RESULT IN THE DENIAL OF YOUR ADMISSION, WHICH WE ARE NOT RESPONSIBLE FOR.
Parental Control
If you use the Site, you affirm you are at least 13 years old. While some of the events listed on the Site may appeal to children, the Site is not targeted at children under the age of 13. We do not condone or permit the use of the Site and we strongly encourage all parents and guardians to monitor the Internet use by their children. You can find more information about parental controls at http://onguardonline.gov. We do not endorse the products or services listed at this website.
Intellectual Property Rights and Infringement Claims
TicketDhamaka.com respects the Intellectual Property Rights (“IP”), including but not limited to patent, copyright, design, trademark, service mark, trade names, data, media (images, illustrations, audio clips, and video clips, among others), ("IP") of others, and prohibits users from uploading, posting, distributing or otherwise transmitting any materials on the Platform, or engaging in any activities on the Platform, which violate the copyrights of others.
Any and all IP that in any manner forms part of and/or belongs to and/or is associated with the Platform, shall vest in and exclusively belong to TicketDhamaka. All other IP on this Platform belongs to their respective owners.
IP on this Platform is solely for your personal and non-commercial use. Any use of the IP for which you receive any remuneration, whether in money or otherwise would be considered to be a commercial use. Furthermore, use of IP in any manner without the prior consent of the respective owner or TicketDhamaka is prohibited and the same would be considered to be a violation of the Intellectual Property Rights of TicketDhamaka or of the respective owner. Such violation can lead to termination of your account on this Platform. TicketDhamaka further reserves its right to take appropriate legal actions against such violation of its IP rights.
Takedown notice:
Pursuant to Rule 75(1) of the Copyright Rules, 2013 and other applicable enactments/amendments thereto, in order to report any material/work on the Platform that violates the copyrights of others, you must send TicketDhamaka a written communication that includes substantially the following:
Undertaking that the complainant shall file an infringement suit in the competent court against the person responsible for uploading the infringing copy and produce orders of the competent court having jurisdiction, within a period of twenty-one days from the date of receipt of the notice.
So far as any of these notices are concerned, the final determination of the same shall vest in TicketDhamaka.
Disclaimers
TicketDhamaka suggests that you consult with your Advocate before you file any of the foregoing written communications (i.e., the above-described takedown notices and the above described counter-notice). Any person who knowingly materially misrepresents that material found on the Platform is infringing or that material was removed from the Platform by mistake or misidentification, may expose himself/herself to liability.
TicketDhamaka understands that not everyone is a copyright expert, and that accidents can happen. However, TicketDhamaka has zero tolerance for willful and repeat copyright infringers. Therefore, pursuant to a complaint, if TicketDhamaka determines in its sole discretion that you have willfully violated the copyrights of others or that you have repeatedly violated the copyrights of others despite prior warning(s), TicketDhamaka will cancel your account and prohibit you from further accessing and using the Platform. By accessing or using the Platform, you automatically acknowledge and agree that TicketDhamaka has the right to cancel your account and prohibit you from further accessing and using the Platform, and your continuing access or use of the Platform reaffirms your acknowledgment and agreement in each instance.
Account Registration
You may browse the Site without registering for an account. However, to access certain features of the Site you will be required to register for an account, such as purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account username and password are personal to you and you will be responsible for the confidentiality and use of your username and password. Including, all activities (including purchases) that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. Using another user's account without that user's permission is not permissible. You will notify us immediately in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Site for any reason.
Release and Covenant Not to Sue
To the fullest extent permitted by law, you release and covenant not to sue TicketDhamaka, our affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between users. In entering into this release you expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which you may know or suspect to exist in your favor at the time of agreeing to this release.
Payment
By placing your order, you authorize TicketDhamaka to charge your method of payment for the total amount, which includes the ticket price and service and delivery fees. We accept Visa, Mastercard, Discover, American Express and PayPal. In the event that you dispute a charge and it is determined that the charge was valid and not the result of credit card or other payment fraud, TicketDhamaka has the right to seek payment, including all associated fees, by whatever means necessary, including using collection agencies and legal proceedings. TicketDhamaka may also mitigate its damages by relisting and selling the tickets that are the subject of the underlying payment dispute.
Pricing Errors
TicketDhamaka makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, TicketDhamaka shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, The Event Organizers may offer the tickets to you at the corrected price.
Ticket Availability
All orders are subject to ticket availability. TicketDhamaka will use commercially reasonable efforts to procure and timely deliver the exact tickets ordered. If those tickets are no longer available, The Event Organizers reserve the right to replace tickets with comparable or upgraded tickets, at the Event Organizers reasonable discretion.
Delivery of Tickets
Tickets may be delivered via Instant Download or Email for the charge stated during the checkout process. The delivery charge consists of the actual cost of delivery as well as a surcharge that supports TicketDhamaka’ safe and secure ticket delivery, whether electronic, via download. Delivery method is not indicative of the type of ticket. Delivery will occur on or before the delivery date on the listing, regardless of delivery method.
When tickets are shipped to you, it is your responsibility to confirm that the tickets delivered to you are consistent with the order you placed. You must notify the Event Organizers on your Ticket, if your order is incorrect. If you do not timely notify the Event Organizers, you may not be eligible for a refund. Photo ID or other verification may be required to accept delivery.
Tickets are typically delivered per this schedule unless the delivery date in the listing is a date in the future:
Ticket Holder Behavior Policy
Attendees to live events must abide by the rules and policies of the venue, promoter and anyone else responsible for the event. Failure to follow such rules and policies may lead to consequences against you or the seller or original ticket holder. If you or another person using the ticket you purchased from TicketDhamaka fails to abide by those rules and policies, you are responsible for all applicable fines and legal or other expenses associated therewith. If you are asked to leave the event or you miss part of the event due to suspected or confirmed inappropriate behavior, you will not qualify for a refund. Further, should any violation result in the loss of the ticket seller's season ticket rights or right to use any other tickets at that venue, or the right to purchase other tickets from that venue, you 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.
Forums and User Content
We may host fan reviews, message boards, blog feeds, social media feeds and other forums found on the Site (collectively, "Forums"), and you may be able to submit suggestions, reviews, concepts, audio and video recordings, photographs, artwork or other materials to the Forums or other areas of the Site ("User Content").
By submitting User Content, you certify that you are at least 18 years old, or you are at least 13 years old and have obtained your parent's or legal guardian's express consent to submit User Content.
You own all rights to your User Content. If you submit User Content to the Site, you grant us a worldwide, non-exclusive, transferable, sub-licenseable, royalty-free right and license to use, reproduce, modify, create derivative works of, distribute, publicly perform, display, archive and commercialize your User Content, in our sole discretion, in all formats and in all media channels now known or hereinafter discovered, without any compensation or acknowledgment to you or anyone else. This license will not affect your ownership in your User Content, including the right to grant additional licenses to your User Content, except if it conflicts with these Terms. We are not obligated to post, display or otherwise use any User Content, or to attribute your User Content to you. You will not make or authorize any claim against us that our use of your User Content infringes any of your rights.
Statements, opinions and reviews posted by participants in a Forum may be inaccurate, offensive, obscene, threatening or harassing. We do not endorse and are not responsible for these postings. We will not be liable for any loss or harm caused by the posting or your reliance on information obtained through the postings.
If we are notified that your User Content does not comply with these Terms, we may investigate the allegation and may decide to remove your User Content and cancel your account. We may also hold you liable for any User Content that infringes the rights of a third party, and require you to pay or reimburse us for any amounts we believe are necessary to resolve any complaint.
Links
The Site contains links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Access from Outside the United States
The Site is directed to people residing in the United States. We do not represent that Content available on or through the Site is appropriate or available in other locations. We may limit the availability of the Site or any service or product described on the Site to any person or geographic area at any time. If you choose to access the Site from outside the United States, you do so at your own risk.
Indemnification
If anyone brings a claim against us related to your use of the Site, the Content, your User Content or your violation of these Terms, you agree to indemnify, defend and hold us and our affiliated companies, event providers, suppliers, advertisers and sponsors, and each of our officers, directors, employees, and agents, harmless from and against any and all claims, damages, losses and expenses of any kind (including reasonable legal fees and costs). We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
Disputes, Including Mandatory Arbitration and Class Action Waiver
Any dispute or claim relating in any way to your use of the Site, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court. The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA), including its procedural provisions, in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible.
Questions
If you have any questions, comments or complaints regarding these Terms or the Site, please contact us at:
TicketDhamaka, Inc.
PO Box 344
Cottleville, MO 63338. USA
Email info@ticketdhamaka.com