(applies to all purchases on the Service)
1. Eligibility. By placing an order, you represent and warrant that you are at least eighteen (18) years of age and that you have read and agree to be bound by this Purchase Policy. If you are not at least eighteen (18) years of age, or do not wish to be bound by this Purchase Policy, you are not authorized to place an order.
2.1 Purchases. We accept American Express, Visa, MasterCard and Discover. In the event you wish to purchase products and/or services, including without limitation, ticket(s) to an Event, you will be asked by us, or an authorized third party on our behalf, to supply certain information such as your full name, address and credit card and/or other billing information. You agree to provide us or such third party with accurate, complete and current information, and to comply with this Purchase Policy. You shall be responsible for all charges made in your order as well any applicable taxes, such taxes are based on the bill-to address and the tax rate in effect at the time you download the product. We may, in our sole discretion, limit or cancel quantities purchased per person, per company, per address or per order. These restrictions may include orders placed by the same customer, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made or otherwise associated with your user account.
2.2 Payment. Terms of payment are set by Tugg, and mutually agreed by the parties. Unless otherwise agreed by Tugg, payment must be received by Tugg prior to Tugg’s acceptance of an order. Your right to any product or service is conditional on (i) our receipt of the appropriate payment for such product or service in advance, (ii) our verification of your billing information (which may include your billing address) and (iii) with respect to Events only, the applicable Event being deemed a Confirmed Event (defined below). If such payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, you agree that we reserve the right to cancel your order. If we receive incorrect billing or credit card account information, we may attempt to contact you, using the information provided at the time of purchase or otherwise associated with your user account. If we are unable to reach you or you do not timely reply to our inquiry, we may cancel your order in our sole discretion without further notice. If you do not receive an order confirmation number (from a confirmation page or email) within a few minutes of submitting your payment or if you receive an error message or service interruption after submitting your payment, it is your responsibility to confirm with us whether the transaction was approved because we may not be aware that there was an issue with your order. You bear all risk of loss after purchase, including without limitation, for any loss due to a computer or hard drive crash.
2.3 Product Descriptions; Event Descriptions; Pricing. We attempt to be as accurate as possible in describing products, Films and Events; however, we do not represent or warrant that all such descriptions are complete, current or error-free. You acknowledge and agree that descriptions of Events, Theaters, products, Films and Content may be provided by third parties and that we do not independently verify the truth or accuracy of such information. From time to time there may be information on the Service that contains typographical errors, inaccuracies, or omissions that may relate to product, Film or Event descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after orders are submitted). If the amount you pay for a product or service is incorrect for any reason regardless of whether because of an error in a price posted on the Service or otherwise, then we will have the right to cancel the product or service or the order and refund you the amount that you paid for such order. Prices for products, including without limitation, tickets, offered via the Services may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.
2.4 Non-Theatrical / Semi-Theatrical / Educational Rights Purchase. The following users shall have the right to purchase Non-Theatrical Rights, Semi-Theatrical Rights or Educational Rights (as defined in the Non-Theatrical / Semi-Theatrical / Educational Rights License Agreement) via the Service, as set forth below:
|Non-Theatrical Rights||Semi-Theatrical Rights||Educational Rights|
Educational Institutions, Third Parties, and Non-Theatrical Organizations are defined in the Non-Theatrical / Semi-Theatrical / Educational Rights License Agreement. The purchase of any Non-Theatrical / Semi-Theatrical / Educational Rights shall also be subject to the Non-Theatrical / Semi-Theatrical / Educational Rights License Agreement (available here). In the event that you are not an authorized user as set forth in the chart above, you shall not have the right to purchase the Non-Theatrical Rights, Semi-Theatrical Rights or Educational Rights (as applicable) via the Service and any such purchase is void and, without limitation to Tugg’s remedies set forth in the Terms of Service, will entitle Tugg to permanently revoke your access to the Service.
2.5 Ticket Process for Events. In addition to selling products and services, we also sell tickets to Events at www.tugg.com on behalf of Theaters and users on our Service that organize Events (“Promoters”), which means that, among other things, (i) we do not set the ticket prices or determine seating locations and (ii) additional terms and conditions may apply. You acknowledge and agree that you are aware that Promoters may be paid for acting as promoters for Events depending on the costs, number of ticket sales, and other factors as set forth in the Promoter Agreement.
2.5.1 Certain Definitions for Events.
220.127.116.11 “Pending Event” is defined as an Event organized by a user on the Service that has not yet met the minimum ticket sales required by Tugg in order to confirm the Event.
18.104.22.168 “Confirmed Event” is defined as an Event organized by a user on the Service that has met the minimum ticket sales required by Tugg in order to confirm the Event.
2.5.2 Tickets to Pending Events. If you purchase tickets to a Pending Event, the cost of such tickets will be authorized and held by your credit card provider. No later than the Pending Event deadline as set forth on the Service, we will email you indicating that the Event is either (i) confirmed or (ii) canceled for failure to meet Tugg’s minimum required ticket sales for such Event.
22.214.171.124 If the Pending Event is confirmed, your credit card will be charged and our email will include your ticket(s).
126.96.36.199 If the Pending Event is canceled, the authorization hold will be released and your credit card will not be charged.
2.5.3 Tickets to Confirmed Events. If you purchase tickets to a Confirmed Event, your credit card will immediately be charged and your tickets will be emailed to you upon completion of the purchase process.
2.5.4 Tickets. Each ticket that you purchase is a revocable license to attend a particular Event and is subject to the Terms of Service, Purchase Policy and Rules & Restrictions. Please review your online confirmation page and/or email confirmation carefully, as they provide you with important information about retrieving your tickets that may be specific to the Theater holding the Event. We encourage you to download and print your ticket(s) promptly. If you are unable to complete a download, you must immediately contact Tugg at firstname.lastname@example.org. Please remember to bring your printed downloadable ticket(s) to the Theater, which you must present to the Theater in order to gain entry. Certain Theaters may require you to show a government issued photo ID and the credit card that you used in order to purchase the ticket(s) on the Service in order to gain entry to the Event.
2.5.5 Risk of Loss. Risk of loss and title for the physical ticket(s) purchased from the Service pass to you upon dispatch of our email notifying you that the ticket(s) are available for download.
2.5.6 License; Ejection. We and our licensors reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person from an Event due to disorderly conduct, vulgar or abusive language or failure to comply with our licensors’ rules or policies. Your breach of terms, rules or policies of our licensors will terminate your license to attend the Event without refund. A ticket is a revocable license and admission may be refused for any reason upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
2.5.7 Subject to Search. You and your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation.
2.5.8 Name & Likeness. You agree that the Event for which you purchase ticket(s) is a public event, that your appearance and actions inside and outside the venue where the Event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the Event. You grant permission to Tugg and its licensors, licensees and assigns to utilize your name, image, likeness, and statements in any live or recorded audio, video or photographic display or other transmission, exhibition, publication or reproduction made of, or at the Event for any purpose, in any manner, in any medium now know or hereafter devised, without further authorization from, or compensation to, you or anyone acting on your behalf.
2.6 Return and Cancellation Policy. Except for sales of ticket(s) to Pending Events that do not become Confirmed Events, all sales of products and services, including without limitation, tickets and Film rentals or downloads are final. We do not accept returns of tickets or products or services. Therefore, we urge you to confirm the information prior to your purchase.
2.6.1 Events. With respect to Events, after your order is placed, Tugg will place an order for your ticket(s) for the applicable Event reducing the number of seats available for the Event. This allows us to offer you guaranteed seats at the applicable Theater, but it prevents us and the Theaters from reselling your ticket(s) in the event that you do not attend the Event. We and our licensors reserve the right to cancel any Pending Events for any reason whatsoever. While we and our licensors do not intend or desire to cancel any Confirmed Events there is a possibility due to events beyond our control that we or our licensors may need to do so. Therefore, we and our licensors reserve the right to cancel Confirmed Events due to epidemic, fire, explosion, inclement weather, national or local calamity or emergency, act of God, strikes, labor disputes, public enemy, civil disturbance, insurrection, war (declared or undeclared) or armed conflict, act of terrorism, technical failure, power outage, the receipt of threats against, or information relating to imminent danger to a Theater or other events beyond our control. Provided that you are not in breach of the Terms of Service, Purchase Policy, the Rules & Regulations or any rules or policies of the applicable Theater, if a Pending Event or a Confirmed Event is canceled, you will be refunded the entire amount of your purchase. Refunds will be credited back to the original credit card used for payment. Without limiting Section 14 of the Terms of Service, we shall not be responsible to you for any liabilities, losses, damages or expenses caused by or arising from the cancellation of any Events, including without limitation, any travel or any other expenses that you or anyone else incurs in connection with a cancelled Event. Notwithstanding anything herein to the contrary, Tugg and our licensors reserve the right to cancel your ticket and your access to the Event or any other part of the Service without refund of any amount paid in the event you breach any term or condition identified in (i) the Terms of Service, (ii) this Purchase Policy, (iii) any Rules & Restrictions on the Service and/or (iv) the rules or policies of the applicable Theater.
2.6.2 Products. Without limiting Section 14 of the Terms of Service, we shall not be responsible to you for any liabilities, losses, damages or expenses caused by or arising from the unavailability of a product on our Service. If a product becomes unavailable following a transaction but prior to download or screening, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Tugg.
2.7 Product/Event Availability. All purchases are subject to availability.
2.8 No Resale. You acknowledge and agree that no ticket or product may be directly or indirectly resold or sublicensed by you, unless specifically pre-approved by us in writing.
3. Recording, Transmission and Exhibition. You agree not to record, copy or transmit, or aid in the recording, copying or transmitting, of any Event or any Film in whole or in part without the prior written consent of Tugg, the applicable Theater and the owner of the Film.
4. Event/Product Review. We may from time to time email you with questions about your experience at the Event and/or your opinion on the product or Film. These reviews are completely optional, but your feedback would be greatly appreciated.
5.1 Contributions. Promoters and Channel Owners may use our Service to provide you with the opportunity to make contributions in excess of the amount of your purchase to causes, projects, organizations or companies designated by the Promoters on the Service or Channel Owners on the Channels (“Contributions”). In addition, Promoters and/or Channel Owners may offer you non-monetary rewards or perquisites for Contributions (“Perks”). You may make Contributions in any amounts you choose from the Service and be entitled to receive any corresponding Perks; provided that you purchase (i) at least one (1) ticket to the applicable Event or (ii) a product. You acknowledge that it is entirely in your discretion whether or not to make Contributions. You understand that making a Contribution (including without limitation, for a Perk) does not give you any rights in or to the cause, project, organization or company designated to receive such Contribution, including without limitation, any ownership, control or distribution rights. You further understand that if such Event does not become a Confirmed Event your Contribution will be returned along with the entire amount of your purchase for such Event as set forth in Section 188.8.131.52 above and you will not be entitled to receive any Perks in connection with such Event. All Contributions received in connection with an Event or purchase of a product, less a 10% processing fee retained by us, will be sent to the applicable Promoter or Channel Owner. It is the Promoter’s or Channel Owner’s (as applicable) responsibility to direct the Contributions to the cause, project, organization, or company designated on the Service to receive such Contributions. We make no representation or warranty about the use or outcome of the Contributions. Except as set forth in this Section 5.1, we do not offer refunds of Contributions or exchanges of Perks, and we are not responsible for any error or omission in the amount of the Contributions you provide or in the selection of your Perks. We reserve the right to cancel any Contribution (including without limitation, Perk) at any time for any reason.
5.2 Perks. Any Perks that are offered to you are solely between you and the Promoter or Channel Owner (as applicable). We do not guarantee that Perks will be delivered or satisfactory to you, and we are not obligated to become involved in any dispute between you and a Promoter, Channel Owner or any other third party. For certain Perks you must provide your address or additional information to enable the Promoter or Channel Owner to deliver and complete your Perk. We are not liable for any damages or loss incurred due to delay in delivery of the Perks, non-delivery of the Perks or any use of the Perks.
5.3 Disclaimer. In addition, we make no representation or warranty as to whether all or any portion of your Contributions are tax deductible. Tugg will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Contribution by you. You should consult your tax advisor as to the amount of your Contribution that is tax deductible, if any. Without limiting Section 14 of the Terms of Service, we shall not be responsible for any liabilities, losses, damages or expenses caused by or arising from Contributions and/or Perks.
Last Modified: September 28, 2015