The following terms and conditions (the “Agreement”) govern all use of the “Razorgator” application (“Application”). The Application is owned and operated by Razorgator, Inc. (“Razorgator”). The Application is subject to your (the “User”) acceptance without modification of all of the terms and conditions contained herein. BY USING OR ACCESSING ANY PART OF THE APPLICATION, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN. Razorgator reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Agreement at any time. It is User’s responsibility to check this Agreement periodically for changes. User’s continued use of the Application following the posting of any changes to this Agreement constitutes acceptance of those changes. This Agreement is void where prohibited by law, and the right to access and use the Application is revoked in such jurisdictions.
User hereby certifies to Razorgator that if User is an individual (i.e., not a corporation), User is at least 18 years of age. User also certifies that it is legally permitted to use the Application.
Subject to the terms and conditions of this Agreement, User shall have a non-exclusive, non-transferrable, non-sublicensable to access the application from User’s computer, or phone or other mobile device, solely for the purposes for which the Application is provided. This license is personal to User and User will not use the Application on behalf of any third party.
LOCATION BASED SERVICES.
Razorgator collects location-based information whenever User uses the Application to search for businesses, “check-into” locations, or otherwise indicates User want to use the Application’s location-based functionalities (User hereby consents to such collection). User agrees that Razorgator has the right to use such information to provide User with Application services - and improve the Application. Depending on the functionalities available on User’s mobile device, User may benefit from advanced options to manage the location-based information.
USER PRODUCTS (BUYERS AND SELLERS).
“Sellers” may include other individual users, as well as third party merchants. User represents and warrants that (i) User has all right, power and authority to sell, distribute and otherwise use User’s User Products in connection herewith, and (ii) none of User’s User Products, nor the sale or distribution of use in connection herewith, will violate any law or regulation of third party rights.
The Application may provide User with the ability to publicly: upload, submit, disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, information, data, and images) to the Application (“User Content”). By posting User Content via the application, User:
- grants to Razorgator, its affiliates and their assignees, and the parties to whom the content addressed, a perpetual, irrevocable, non-exclusive, sublicensable, royalty-free right to use, reproduce, display, perform, adapt, modify, distribute, make derivative works of and otherwise exploit such User Content in any form and for any purpose, including without limitation, any concepts, ideas or know-how embodied therein;
- represent and warrant that User own or otherwise control all rights to such User Content and that disclosure and use of such User Content by Razorgator (including without limitation, publishing content on or at the Site) will not infringe or violate the rights of any third party; and
- acknowledge that such User Content may not be treated confidentially.
User shall not to provide Razorgator with any confidential or proprietary information that you desire or are required to keep secret. User is solely responsible for the User Content User posts via the Application. Razorgator does not endorse and has no control over any User Content.
Razorgator has no obligation to monitor any User Content. Razorgator may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content), or for no reason at all.
Application and Razorgator Accounts.
Your account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. Each User may only have one account. By connecting to the Application with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Razorgator immediately of any breach of security or unauthorized use of your account. Razorgator will not be liable for any losses caused by any unauthorized use of your account.
By providing the Application and Razorgator your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
TICKET PRICES AND SEAT DESCRIPTIONS
Razorgator is not affiliated with any box office, venue or any other ticketing agency. The price printed on the ticket in most cases will not be our selling price. Since the tickets for purchase on Razorgator are procured on the open market from secondary ticket sources, the sale price of the ticket reflects both the high market demand and the difficulty in obtaining these tickets. As a result, the ticket price listed may be substantially higher than the original face value price that is printed on the ticket.
Though ticket prices for live events continue to fluctuate on the open market based on the varying demand, Razorgator prices are final for you once your order is confirmed. Once your order has been confirmed, if the price of these tickets increase prior to the event, you will not be charged the difference. Conversely, if the price of these tickets decreases prior to the event, no refunds or upgrades will be given. If your order has not been confirmed, your order may be subject to cancelation. Razorgator will never charge more than what you have authorized. All prices are listed in U.S. dollars. Occasionally, ticket prices are listed incorrectly. In these rare cases, if your order has not been confirmed, we may cancel your order and your card will not be charged. If your order has been confirmed, you will be refunded in full. In both of these scenarios you may receive an email or phone call advising you of your options or that your order has been canceled.
Some ticket listings have descriptive notes associated with the events (e.g., is there a limited or obstructed view, whether or not they include club level access, parking passes, or any other amenity). It is the buyer's responsibility to refer to these notes for any details associated with these tickets, the venue, or the event. If you are unsure about any of our seat descriptions, contact our office for more information. Razorgator will not be responsible for or honor refunds, cancelations, or exchanges for assumed amenities not detailed in these notes.
The following table can be referenced for most commonly used seat description abbreviations. This table does not guarantee exact seat location, but is to be used as a guide in making your ticket selections:
= Standing Room Only
= General Admission
= Limited View
= Partial View
= Obstructed View
F OR FL =
Field or Floor Level
ORDER TYPES, FORMS OF PAYMENT, AND ORDER CONFIRMATION PROCESS.
The ticket buying process takes place on our secure server which encrypts entries on all orders.
These tickets are generally in stock. Since our online ordering function is not in "real time," occasionally tickets that were ordered may no longer be available. Placement of an order through our website does not guarantee your tickets. Your order will be filled on a first come first served basis.
We accept all major credit cards: MasterCard, Visa, American Express, Discover, and bank check cards bearing the VISA or MasterCard logo.
You are responsible for the correct entry of your name, billing address, credit card number, expiration date, and security codes at the time you place your order. Failure to provide accurate credit card information may result in delays in processing your order, or availability of your tickets which may result in the cancelation of your order.
Upon checkout, it is the buyer's responsibility to verify and validate the accuracy of their order such as event date, time, venue, seat locations, quantity, credit card information, addresses, etc. Upon and after placing your order, you may receive emails related to your order.
Depending on your event, you may receive alternate emails that pertain specifically to your order. The buyer assumes all responsibility for receiving and reading all email correspondence in full, and complying with any specific instructions associated with the order. Razorgator is not responsible for emails filtered to your spam or junk mail folders. It is the buyer's responsibility to ensure their email client can receive Razorgator email correspondence.
TICKET AVAILABILITY AND REFUNDS, ORDER CANCELATIONS, OR EXCHANGES.
All orders are subject to ticket availability and are not confirmed or accepted until Razorgator has collected and accepted payment from the customer. Razorgator reserves the right to cancel an order at any time if tickets are no longer available at the price advertised at the time that the customer placed the order, the event is sold out, or mapping discrepancies.
Unlike replaceable manufacturing products, tickets have value only for the specific seat at the specific event. Therefore, there are no refunds, exchanges, or cancelations on any order once it has been submitted.
EVENT CANCELATIONS, POSTPONED, OR RESCHEDULED EVENTS.
If an event is canceled for any reason other than an act of nature (e.g. rained out, earthquake, flood, etc.), strikes, or lockout, and not rescheduled, we will provide a full refund for the amount paid for the tickets and processing fees. Shipping charges, if applicable, are non-refundable. Call our office for detailed instructions on how to obtain a refund if you do not hear from Razorgator first. Upon receiving Razorgator's cancelation notification, you will have 10 business days to return the tickets to the address provided. Tickets must be returned via express mail service or other traceable mail service in order to obtain a refund. The express mail service is at the customer's expense; Razorgator will not provide return service postage.
If any event is canceled by the organizers of the event, Razorgator has no obligation to refund incidental expenses that you have incurred relating to your plans to attend the event including, but not limited to, plane or transportation expenses, hotel reservations, or rental car costs. Razorgator assumes no responsibility for the actions of any event organizing body when an event is canceled.
If an event is postponed or rescheduled, please retain your ticket. In most cases, the original purchased ticket will be honored for the new event date. New tickets will not need to be reissued for most rescheduled or postponed events. Refunds or exchanges will not be made for postponed or rescheduled events. Razorgator is not responsible for incidental expenses related to a rescheduled event.
EVENT DATES, TIMES, AND VENUES.
All times listed are local for the event. Event dates, times and venue are printed on the face of the tickets and website and are subject to change. These should be verified by the buyer prior to the event. It is important to consult your local media or the event official website to ensure that you arrive at the event on the correct date, time, and venue. Razorgator is not responsible for notifying the purchaser of date, time, or venue changes.
LOST, STOLEN, OR DAMAGED TICKETS.
If you print your tickets for entry at the venue, take great care to safeguard your tickets; handle them as you would cash. Lost or stolen tickets cannot be replaced. Also know that exposure to direct sunlight, heat, and strong magnetic fields can damage the barcode portion of some tickets.
In the event that you were not able to gain admission to the event with the tickets we delivered, you must obtain documentation from the venue stating that the tickets were unusable in order for us to be able to process a refund.
DIGITAL TICKET DELIVERY.
By downloading or viewing your tickets, you are acknowledging receipt. The original ticketholder's name might appear on the downloaded tickets, but they are transferable and are now your tickets. Venues will scan the barcode to allow you entrance into the event. Some venues may require that you provide them with a printed ticket for scanning and entry. Other venues may scan without a print out. It is your responsibility to determine the individual venue policies regarding digital tickets and admittance.
Treat these tickets as you would an actual printed ticket as issued by the event organization or venue.
GENERAL APPLICATION CONTENT.
User agrees that the Application contains information and other content specifically provided by Razorgator or its partners and that such content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. Except as expressly authorized by Razorgator in writing, User shall not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from such content. However, Razorgator hereby grants User a limited, revocable, non-sublicensable license to reproduce and display such content (excluding any software code); provided, that User retains all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any such content, including any materials or design elements on the Application, for any other purpose is strictly prohibited without the express prior written permission of Razorgator.
User shall not, nor permit anyone else to, directly or indirectly: (i) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or underlying algorithms of all or any part of the Application (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (ii) modify or create derivatives of any part of the Application; (iii) rent, lease, or use the Application for timesharing or service bureau purposes; or (iv) remove or obscure any proprietary notices on the Application. As between the parties, Razorgator shall own all title, ownership rights, and intellectual property rights in and to the Application, and any copies or portions thereof.
User shall not (i) submit false information to the Application, (ii) use the Application to libel, defame, threaten, harass, or otherwise harm and third party, or (iii) use the Application for any purpose that is unlawful or prohibited by this Agreement.
In the event User submits any information to the Application, User represents and warrants that User the full right and authority to do so (without any infringement of, or conflict with, the rights of any third party).
Razorgator reserves the right to cancel an order and give a full refund at any time, for any reason whatsoever.
Razorgator reserves the right to request and obtain additional required documents from the customer to complete the order process. This includes, but is not limited to, credit card authorizations, signature releases, forms of payment or required deposits, transactional agreements, or various waivers or indemnifications. If any of the aforementioned documents are not returned in a specified time manner or is incomplete, the order is subject to possible cancelation and you will be refunded in full.
Some venues and events enforce age restrictions, e.g., 21 and over. It is the buyer's responsibility to determine prior to purchase whether such policies or disclaimers exist. Razorgator will not be liable for refusal of admittance based on this type of restriction. Furthermore, it is the customer's responsibility to determine whether the content of an event is appropriate for everyone in their party. Some shows and concerts have adult themes and are not appropriate for children and others. We will not be responsible for any event with content that shocks, offends, frightens, angers, or traumatizes any individual or group. There will be no refunds, credits or exchanges under either of these circumstances.
Razorgator is not responsible for providing transportation or reimbursement of travel related expenses under any circumstances unless those items are specifically included as part of a package. Nor are we responsible for any delay causing you to arrive late or miss your event for any reason.
Razorgator is not responsible for the conditions or the actions of the crowd at any event nor is Razorgator responsible for any changes made at the venue including, but not limited to, seating arrangements, stage set-up, or venue conditions.
The tickets that you purchase from us are valid. If someone is sitting in your seat when you arrive, it is your responsibility to ask them to move or ask an usher to seat you.
Postponement or cancelation of events due to weather conditions are beyond the control of Razorgator. No refund for unused services, or allowance for the loss of enjoyment caused by weather conditions will be made by Razorgator. Customers assume all weather risks as there will be no refunds for rainouts or other weather conditions, acts of nature or other events that disrupt play. All events purchased through us should be considered as "rain or shine" final purchases.
Razorgator may modify these terms and conditions at any time, and your use of this Application will be conditioned upon the terms and conditions in force at the time of your use.
APPLE DEVICE TERMS.
In the event User is using the Application in connection with a device provided by Apple, Inc. (“Apple”), the following shall apply:
- Both User and Razorgator acknowledge that this Agreement is concluded between you and Razorgator only, and not with Apple, and that Apple is not responsible for the Application or any content available thru the Application;
- User will only use the Application in connection with an Apple device that User owns or controls;
- User acknowledges and agrees that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
- In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, User may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to User will be to refund to you the purchase price, if any, of the Application;
- User acknowledges and agrees that Razorgator, and not Apple, is responsible for addressing any claims User or any third party may have in relation to the Application;
- User acknowledges and agrees that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Razorgator, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
- User represents and warrants that User is not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that User is not listed on any U.S. Government list of prohibited or restricted parties;
- Both User and Razorgator acknowledge and agree that, in User’s use of the Application, User will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
- Both User and Razorgator acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that upon User’s acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against User as the third party beneficiary hereof.
User is solely responsible for your interactions with other Application users – including, without limitation, with respect to other Application users’ User Products. Razorgator reserves the right, but has no obligation, to monitor disputes between User and other Application users. If User has a dispute with one or more users of the Application, User shall and hereby does release Razorgator (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If User is a California resident, User waives California Civil Code §1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
User is responsible for all of its activity in connection with the Application. User shall defend, indemnify, and hold harmless Razorgator, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from (i) User’s access to or use of the of the Application, (ii) User’s own User Products, (iii) User’s purchase or use of or access to or other engagement with any other user’s User Products, (iv) the violation of any law or regulation or right by User of any of User’s User Products, or (vi) User’s violation of this Agreement.
THE APPLICATION IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. RAZORGATOR MAKES NO WARRANTY THAT (I) THE APPLICATION IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (II) THE RESULTS OF USING THE APPLICATION WILL MEET USER’S REQUIREMENTS. RAZORGATOR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY USER PRODUCTS – USER PURCHASES USER PRODUCTS AT USERS OWN AND SOLE RISK. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY.
IN NO EVENT SHALL RAZORGATOR, OR APPLE, OR ITS/APPLE’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, VENDORS OR SUPPLIERS BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY WITH RESPECT TO THE APPLICATION: (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, EVEN IF FORESEEABLE, (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100.00 (U.S.) (PROVIDED THAT, IF USER IS A FOR-FEE USER, SUCH CAP SHALL BE EQUAL TO (IF HIGHER THAN $100.00) THE AMOUNTS USER HAS PAID RAZORGATOR). RAZORGATOR SHALL NOT THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
Razorgator may terminate User’s access to the Application at any time, with or without cause. Upon termination, User will no longer access (or attempt to access) the Application. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers and limitations of liability.
The Application contains links to other websites that are provided solely as a convenience to you and not as an endorsement by Razorgator, its third party providers or distributors of the contents of such other websites. None of the Application, Razorgator or any third party provider or distributor shall be responsible for the content of any other websites and make no representation or warranty regarding any other websites or the contents or materials on such websites. If you decide to access other websites, you do so at your own risk.
The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Razorgator shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Razorgator’ reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including "line-noise" interference). If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. This Agreement is not assignable, transferable or sublicensable by User except with Razorgator’ prior written consent. Razorgator may transfer, assign or delegate this Agreement and its rights and obligations without consent. This Agreement shall be governed by and construed in accordance with the laws of the state of California, as if made within California between two residents thereof, and the parties submit to the exclusive jurisdiction and venue of the state and Federal courts located in San Francisco, California. Both parties agree that this Agreement is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement, and that all modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this Agreement and User does not have any authority of any kind to bind Razorgator in any respect whatsoever.