Terms and conditions
Welcome to CrowdSurge. CrowdSurge is a ticketing and marketing services company that acts as a sales agent for Artists. When you purchase a ticket to an Artist's show or otherwise purchase Artist related content using CrowdSurge's services, CrowdSurge will be handling the transaction and collecting payment.
Please read these Terms and Conditions carefully because they contain important information regarding your legal rights, remedies, and obligations, which include various limitations and exclusions, along with a dispute resolution clause that governs how disputes will be resolved.
Last updated on April 3rd, 2015
1. Acceptance of Terms
CrowdSurge provides the service described in paragraph 2 below, subject to these Terms and Conditions ("T&C's"). These T&C's describe your rights and responsibilities and what you can expect from CrowdSurge. By checking the box next to the "Yes, I have read the Terms & Conditions" if this option is presented to you, or by otherwise proceeding to purchase, you will have agreed to these T&C's and these T&C's will constitute a binding agreement between you and CrowdSurge. If you do not agree to these T&C's, you will not be able to complete your purchase transaction.
CrowdSurge reserves the right to modify these T&C'S at any time in its sole discretion, which modification(s) shall be effective immediately upon posting of these T&C as modified at the CrowdSurge.com website. If any modification of the T&C's is unacceptable to you, your only recourse is to not use our service. Your continued use of our service following any modification will constitute binding acceptance of the changes.
2. Description of the Service
As part of a suite of products and services it provides, CrowdSurge acts as sales agent (in such capacity, the "Sales Agent") on behalf of those who own, provide and/or promote events for which tickets are offered for sale -- including, without limitation, artists, artists' representatives and fan clubs, charities, donors of items for charity auctions, venues and their owners, and promoters (each such person or entity referred to individually as an "Event Promoter"). The Sales Agent sells tickets and in certain cases, merchandise and premium on-site or experience based offerings, on behalf of the Event Promoter. The Sales Agent does not set or determine the face value of tickets or other products and offerings. As part of the services it provides as Sales Agent, the Sales Agent will process and handle ticket sales transactions and collect payment on behalf of the Event Promoter (such services collectively referred to as, the "Service"). For its Service, CrowdSurge will charge customers a fee (the "Fee"). A component of this Fee will represent a payment processing or credit and debit card handling service charge (a "Transaction Processing Charge"). Sales Agent may offer additional services from time to time and may change or eliminate features and components of the Service, material changes of which will be reflected in updated T&C's and will only apply to ticket or other relevant artist product and offering sales made after these T&C's have been updated.
3. Service Fee
Further, as part of the Fee, Sales Agent may assess a "booking" or "service" fee on each ticket and/or artist product or offering described in section 2 above purchased by you (a "Service Fee"). For the avoidance of doubt, the amount of a Service Fee will not include, and will be considered separate and apart from, any amount of the Transaction Processing Charge. The Transaction Processing Charge covers costs borne by the Sales Agent for (i) obtaining credit card and debit card (each referred to as a "Card"), information together with related security information from the customer, (ii) transmitting such information to card issuers, (iii) receiving authorization codes from card issuers and (iv) transmitting the card information together with related security information and card issuers' authorization codes to Sales Agent's bank.
4. Use of the Service
Use of this Service is void where prohibited. The Service is not directed to or intended for individuals under the age of thirteen (13). If you use the Service, you affirm you are at least thirteen (13) years old.
Illegal or unauthorized use of the Service includes, but is not limited to, using the Service to facilitate illegal ticket or other product and offering sales and the use of any unauthorized bot or other automated process. You agree that you will not use any device, process, means or methods that interferes with the proper working of the Service or take any action that imposes an unreasonable or disproportionately large load on the effective running of the Service.
5. Ticket Purchases
For all events occurring in the United States of America, prices of tickets or other products and offerings (inclusive of applicable fees and charges under these T&C's) will be stated in USD. For all events occurring in Canada, prices of tickets or other products and offerings (inclusive of applicable fees and charges under these T&C's) will be stated in CAD. For all events occurring in the United Kingdom, the prices of tickets or other products and offerings (inclusive of applicable fees and charges under these T&C's) will be stated in GBP. For all events occurring in the Eurozone, tickets or other products and offerings (inclusive of applicable fees and charges under these T&C's) will be stated in EUR. You agree to pay the face value ticket price plus any applicable charges or other fees imposed by Sales Agent and/or the Event Promoter. Sales Agent accepts payment by most major cards, such as Visa, MasterCard and American Express. All payment information is transferred via an SSL (Secure Socket Layer) connection. This functionality is denoted by a padlock symbol at the bottom of your browser and ensures secure transmission of the encrypted data.
You may be limited to a certain number of tickets when purchasing tickets from Sales Agent. This limit on tickets is set by the Event Promoter, in its sole discretion, and is posted during the purchase process and will be verified during each transaction. If you are a member of an Event Promoter's fan club, you may be allowed access to certain tickets or premium on-site or experience based offerings bundled with a ticket package. Event Promoter, in its sole discretion and without prior notification to you, reserves the right to block your access to or cancel your ticket order if (i) the order is associated with (or the Event Promoter has good cause to believe the order is associated with) any ticket broker or scalper, (ii) you have utilized automated means to process or place ticket orders, (iii) your ticket order exceeds the stated ticket limit, (iv) your ticket order is purchased for purposes other than to attend the event, or (v) you or your ticket order has violated the terms of the Event Promoter's membership rules. In such an event, Event Promoter reserves the right to direct Sales Agent to refund the total face value of the tickets you purchased to the Card you used to purchase such cancelled tickets.
The Event Promoter reserves the right to modify its ticket prices from time to time, whether any such tickets stand-alone or are bundled with a premium on-site or experience based offering. Notwithstanding the foregoing, if the amount you pay for a ticket or other artist product or offering is incorrect, regardless of whether because of an error in a price posted by Sales Agent or Event Promoter or otherwise communicated to you, or you are able to order such ticket or other artist product or offering before its scheduled sale or presale date as intended by Sales Agent and Event Promoter or you are able to order a ticket or other artist product or offering that was not supposed to have been released for sale, then Sales Agent and/or Event Promoter will have the right to cancel that ticket or offering (or the order for that ticket or offering) and refund or direct the Sales Agent to refund to you the full amount that you paid (inclusive of the face value of tickets and applicable fees and charges under these T&C's). This will apply regardless of whether because of human error or a transactional malfunction of an Event Promoter website or the Sales Agent's Service. Sales Agent and Event Promoter each reserve the right, in their sole discretion, to refuse to transact with you if fraudulent use of your Card is suspected.
Sales Agent reserves the right to alter or switch ticket delivery method after the time of purchase from physical shipping to will call or e-tickets (electronic ticketing) in the event the Event Promoter desires to switch either the whole event or such part representing the Sales Agent's allocation to such a fulfillment format or physical tickets are lost or damaged while being shipped.
6. Purchase Confirmation
If you do not receive a confirmation e-mail after submitting your payment information, or if you experience an error message or service interruption after submitting payment information, it is your sole responsibility to confirm with customer service whether or not your order has been placed. Sales Agent and Event Promoter will not be responsible for losses (monetary or otherwise) if you believe that an order was or was not placed because you failed to receive confirmation.
All ticketing inquiries must be made through the CrowdSurge Customer Support Center.
7. Entry to Event; Event Rules
You agree to present a valid ticket and if necessary one form of government-issued photo identification to gain entry to an event, subject to these T&C'S. You agree that each ticket you purchase is a license to attend a specific event and by making your purchase, you agree to be subject to the rules of the Event Promoter, including those additional terms printed on your ticket. You agree that you will not attempt to evade, avoid, or circumvent any such rules, including those additional terms, in any manner with regard to any ticket purchased by you. Event Promoter or its agents, affiliates, and authorized representatives reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct Event Promoter or its agents, affiliates, or authorized representatives deem disorderly, who uses vulgar or abusive language or who fails to comply with Event Promoter rules. Breach of terms or rules will terminate your license to attend the event without refund. Event Promoter or its agents, affiliates, and authorized representatives reserve the right to refuse admission for any other reason by issuing a refund to you for the ticket's face value paid. A ticket is not redeemable for cash.
To gain entry to an event, you must consent to a search of you and your belongings and waive any related claims that may arise. If you elect not to give consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, you agree that certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bags, backpacks, and containers. You agree that an object considered to be a weapon will be confiscated prior to entry.
Event Promoter reserves the right to change event dates, times, venues and subject matter, which are listed on the ticket. Sales Agent will use best efforts to inform customers of any significant changes to and event, however, it is your responsibility to verify or be aware of any such changes. Sales Agent reserves the right to re-locate your seat to a better or comparable seating location if Event Promoter provides Sales Agent with ticket(s) to an incorrect seat or gives such ticket(s) to another third party ticketing service provider to sell on its account.
8. Ticket Refunds and Ticket Exchanges
You agree to carefully examine your ticket order prior to completing the purchase transaction. Unless otherwise stated in these T&C'S, all ticket sales are final. You recognize that as CrowdSurge acts as Sales Agent for Event Promoters and Event Promoters generally prohibit Sales Agent from issuing refunds or exchanges after a ticket has been purchased or for lost, stolen, damaged, destroyed, or invalidated tickets. You agree not to contact Sales Agent to seek a refund or exchange from Sales Agent when Sales Agent is prohibited from providing one by the Event Promoter. You further agree not to dispute or otherwise seek a "chargeback" from the credit card company you used to make any purchase through the Service. Should you do so, you agree that your purchase may be cancelled, and Sales Agent may, in its sole discretion, refuse to honor pending and future purchases made from all credit card accounts on which such charge-backs have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated credit card or who otherwise breaches this provision from using the Service.
If Sales Agent issues you a refund for a ticket (or other product or offering), it will issue a full refund including all charges associated, which shall include, for the avoidance of doubt, all ticket's (or other product of offering's) face value plus the relevant Service Fee and Transaction Processing Charge, provided, however, that such refund shall not include shipping charges where such shipments have already been made. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. For example, if a Card was used to make the refunded purchase, then only that particular Card will receive the credit for the refund.
For certain events, tickets may be sold as part of a "Package" (where a ticket to an event is sold together with a premium on-site offering, which may or may not include a ticket but cannot be used without a ticket, as an inclusive package at an inclusive price) or with an "Upsell" (where, in addition and separately to a ticket, a customer is given an opportunity to purchase some other product other than tickets, including, but not limited to, music and merchandise offered for sale by the artist or other Event Promoter at such Event Promoter's sole discretion.
If you have purchased any product as part of an Upsell, you are entitled to cancel your transaction within fourteen (14) days as of the date of delivery of the product (or during such longer period as otherwise specified to you by the artist or Event Promoter at or during the purchase). You are not entitled to cancel your associated ticket purchase in such circumstances. To cancel your Upsell purchase, please complete and submit our cancellation form or contact us. Further details regarding your cancellation rights are set out in our cancellation information.
If you have purchased any digital download as part of an Upsell, you may cancel your transaction within fourteen (14) days of the day of purchase ("Cancellation Period"), unless you have purchased such digital download during the fourteen (14) days immediately before the date of its release or at any time on or after the release date, in which case you will have agreed for the digital download to be provided to you before the expiry of the Cancellation Period and will acknowledge that your right to cancel will be lost.
10. Cancelled Events and Postponed Events
The Event Promoter (typically being the venue, venue owner or promoter) and not the Sales Agent, is charged with determining the cancellation or postponement of an event. In the event of an actually cancelled or postponed event, Sales Agent is not obligated to issue a refund except to the extent that the Event Promoter (1) instructs Sales Agent to issue a refund, and (2) provides Sales Agent with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you agree to comply with the Event Promoter's instructions or deadlines made available to you. Sales Agent will not be liable for travel or any other expenses that you or anyone else incurs in connection with a cancelled or postponed event.
11. Material Alterations of Events
If an event is materially altered, you will be offered an option to either reconfirm your order for the altered event or to claim a refund (of the sale price of your ticket(s), which shall include the relevant Service Fee and Transaction Processing Charge, provided, however, that such refund shall not include shipping charges where such shipments have already been made, within such time as specified by us. Failure to inform us of your decision may result in your order being reconfirmed for the altered event and you will not be entitled to claim a refund. For purposes of this section, a "material alteration" means a change which, in our and the Event Promoter's reasonable opinion, makes the event materially different to the event that purchasers of tickets, taken generally, could reasonably expect. Any changes of: (i) any supporting act; (ii) members of a band; (iii) the line-up of any multi-performer event (such as a festival) and/or the (iv) the relocation of your seats to a better or comparable seat in accordance with section 7 above, shall not be a material alteration.
12. Recording, Transmission and Exhibition
You agree not to record or transmit, or aid in recording or transmitting, any description, account, picture, or reproduction of the event. You agree that the event for which you purchase tickets 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 and conduct at the event. You grant permission to Sales Agent and the Event Promoter to utilize your name, image, likeness, acts, poses, plays, appearance, movements, 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 (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.
13. Re-Sale of Tickets; Commercial Purposes
You agree that the unlawful resale of Event Promoter tickets is grounds for seizure and cancellation without refund. You agree that a ticket shall not be used for commercial purposes, including, but not limited to advertising, promotions, contests or sweepstakes, unless the Event Promoter and Sales Agent provides prior written authorization.
14. Modifications to Service
Sales Agent reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Sales Agent shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
15. Sales Agent Intellectual Property Rights
You acknowledge and agree that the Sales Agent's Service and any necessary software used in connection with the Service ("strong") may contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Sales Agent and/or its affiliates own, license or enjoy rights to use the intellectual property rights to any and all protectable components of the Software and Service, including, but not limited to, the name, logo and/or slogans of the Service (trade names, trademarks, service marks), artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation.
You may not copy, sell, resell, modify, adapt, reproduce, distribute, reverse engineer, decompile, exploit, make derivatives, or disassemble any aspect of the Sales Agent's Software without the express written consent of CrowdSurge. Subject to your compliance with these T&C'S and provided you are eligible to use the Service, Sales Agent grants you a limited, revocable, non-exclusive, non-transferable license to use the Sales Agent Service for its intended purposes and to download or print a copy of any portion of the Service to which you have properly gained access solely for your personal, non-commercial use, provided you keep all copyright or other proprietary notices intact. Sales Agent reserves all rights not granted hereunder
16. Representations and Warranties
You represent and warrant that all information you provide, including but not limited to all information concerning your name, address, Card number, and other identifying information of any nature will be true, complete and correct, and that you will update all information as it changes. You agree that you will only use Cards belonging to you, friends or immediate family members who expressly authorize such use, for the purpose of purchasing tickets. You further agree that you will not attempt to conceal your identity by using multiple Internet Protocol ("IP") addresses or email addresses to use or to purchase tickets in connection with this Service.
You agree to indemnify and hold Sales Agent, and its Event Promoter/Artist, subsidiaries, affiliates, officers, directors, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your breach or violation of the T&C's, or your violation of any rights of another.
18. Disclaimer of Warranties
You expressly understand and agree that:
- Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. Sales agent and event promoter expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or audience, and non-infringement.
- Sales agent and event promoter make no warranty that (i) the service will meet your requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material obtained by you through the service will meet your expectations, and (v) any errors in the software will be corrected.
- Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by you from sales agent and/or event promoter or through or from the service shall create any warranty not expressly stated in the t&c's.
19. Limitation of Liability
You expressly understand and agree that sales agent and event promoter shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if sales agent and event promoter have been advised of the possibility of such damages), arising out of, related to, or resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services obtained or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service. In no event shall sales agent's total liability to you for all damages, losses, and causes of action, whether in contract or tort, including negligence or otherwise, exceed the amount paid by you to sales agent for the services from which the claim arose. You agree that sales agent is not responsible for the products, services, actions or failure to act of any event promoter or other third party in connection with any activity at the event. You agree to assume all risks incidental to the event for which a ticket is issued, whether before, during or after the event, and you agree to waive any claims for personal injury or death against sales agent on behalf of yourself.
21. General Information
All additional addendums to this T&C'S shall be incorporated in and constitute parts of this T&C'S. This T&C'S and the additional addendums, each amended from time to time, constitute the entire understanding between the parties in relation to the subject matter and supersede all prior discussions, agreements and representations, whether oral or written and whether or not executed by you or Sales Agent. No modification, amendment or other change may be made to this T&C'S or any part thereof by you unless reduced to writing and executed by an authorized representative of Sales Agent. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. You may not assign this T&C'S or any rights or obligations of yours under this T&C'S, in whole or in part, without the express written consent of Sales Agent. Sales Agent may freely assign this T&C'S and may contract with additional users. The T&C'S and the relationship between you and Sales Agent shall be governed by the laws of the United States and the state of New York without regard to its conflict of law provisions. You and Sales Agent agree to submit to the personal and exclusive jurisdiction of the courts located within the United States, and you explicitly consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the courts of the United States. The failure of Sales Agent to exercise or enforce any right or provision of the T&C'S shall not constitute a waiver of such right or provision. If any provision of the T&C'S is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C'S remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Service or the T&C'S must be filed within two (2) years after such claim or cause of action arose or be forever barred. The section titles in the T&C'S are for convenience only and have no legal or contractual effect.
When you make a purchase through the Site, we may collect your Card number or other payment account number, billing address and other Card related information to facilitate the purchase through the Service (collectively, "Payment Information") from you, and we may use such Payment Information in order to fulfill your purchase. We may provide such Payment Information to third party payment processing or service providers as necessary to complete and process your purchase (for example, to process your Card or payment account number). At no point, do we store or hold your Payment Information such as debit or credit card details following the collection and transmission of such details to the payment gateway.
23. Queries and Complaints
If you have any queries or complaints regarding your purchase, contact us, quoting your order number given to you at the conclusion of placing the order.
Because we sell items on behalf of Event Promoters, we may need to contact them for more information before responding to your complaint. Some complaints can take up to 28 days to resolve, but we will get back to you as soon as possible.
If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you, CrowdSurge and the relevant Event Promoter.
Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 28 days, you and we may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.
STAR can be contacted at:
PO Box 708
St Leonard's Place
Telephone: 01904 234737 (or +44 1904 234737 if calling from outside the UK)
Complete Entertainment Resources LLC
45 Main Street, Suite 406, Brooklyn New York 11201, USA
You are not entitled to cancel your contract for the purchase of the following items:
- a ticket
- a package
- any "Excluded Upsell" defined as any product and/or service purchased separately from and in addition to a ticket, which includes:
- any travel, catering, accommodation, transport or services relating to leisure activities, to be provided on a specified date or during a specified period;
- any goods that are made to your specifications or are clearly personalized
- any sealed audio or sealed video recordings or sealed computer software, if such goods become unsealed after delivery;
- any goods which are liable to deteriorate or expire rapidly; and/or
- any goods which become mixed inseparably (according to their nature) with other items after delivery.
- any digital content download during the 14 days immediately before its release date or at any time on or after the release date.
Right to cancel
You have the right to cancel your contract for purchase of the following products or services, without giving any reason:
- any product purchased separately from and in addition to a ticket (other than any Excluded Upsell), within 14 days of the date of delivery of such product to you;
- a gift card, within 14 days of the date of delivery of such gift card to you;
- digital download purchased more than 14 days before its release date, within 14 days of the date of purchase.
- To exercise the right to cancel, you must inform us of your decision to cancel your purchase by a clear statement (e.g. a letter sent by post to CrowdSurge, Complete Entertainment Resources LLC, 45 Main Street, Suite 406, Brooklyn New York 11201, USA). You may use the model cancellation form but its not obligatory.
- You can also request cancellation by contacting us at email@example.com. If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation by e-mail without delay.
- To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period (as set out in the Section (Right to cancel) above) has expired.
Effects of Cancellation
- If you cancel your purchase, we will reimburse to you all payments received from you, including the costs of delivery.
- We or our Event Promoter on whose behalf we sell products and/or services, may make a deduction from the reimbursement for loss in value of any goods supplied, if the loss is the result of unnecessary handling by you.
- You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.
- We will make the reimbursement without undue delay, and not later than-
- 14 days after the day we receive or the relevant Event Promoter receives back from you any goods supplied, or
- (if earlier) 14 days after the day you provide evidence that you have returned the goods, or
- if there were no goods supplied, 14 days after the day on which we are informed about your decision to cancel your purchase.
- We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.
- If you have received the product before your request for cancellation of the purchase of such product, you shall send back such product without undue delay and in any event not later than 14 days from the day on which you communicate your cancellation to us, as follows:
- if the product has been provided to you by our Event Promoter, you shall send the product to the relevant Event Promoter, to such address as notified by us to you or as displayed on our website; or
- if the product (such as a gift card) has been provided to you by us, you shall send the product to us at Customer Services, firstname.lastname@example.org
- You will have to bear the costs of returning the product (unless otherwise stated by the relevant Event Promoter).