Terms of Use
By using or visiting this Thunder Studios website (“Website”), or purchasing tickets listed on the Website, you expressly agree to abide and be bound by and follow the following Terms of Use (“Terms”) as well as all applicable laws, ordinances and regulations. You represent that you are legally able to enter into this binding contract and if you are under 18 or the age of maturity in your jurisdiction, that you are purchasing tickets under the supervision of a parent or guardian.
When you order from the Website, you represent and warrant that you are aware of and understand the following terms:
- Ticket prices may at times be above (or below) the “face value” listed on the tickets when priced by individual sellers based on their assessment of customer demand.
- When you place an order on the website, your order is not complete until your payment is complete, and you receive confirmation of the order.
- Once you place an order on the website, the order cannot be terminated. All sales are final. There are no cancellations, returns, or exchanges. If an event is postponed or rescheduled, you are entitled to a full refund or may choose to hold your ticket for when the event is rescheduled.
If an event is cancelled with no rescheduled date, you will receive a full refund of the purchase price (including delivery charges, less possible restocking fees).
- Confirmed orders may be fulfilled with comparable or upgraded tickets if the original tickets are no longer available.
- If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic, epidemic, or any other health or safety concern, venue security or other personnel relocate you to a location within the venue that is different from the seating location that you had purchased from us, or deny you access to an event for any reason, such relocation or denial of access will not qualify you for a refund or for other compensation.
Service Provider:
Thunder Studios utilizes a platform supplied by a service provider (“Provider”). Provider also provides additional services, including (i) processing orders, (ii) verifying order details and confirming validity of payment information, (iii) charging your credit or debit card, and (iv) coordinating the delivery of purchased tickets. Provider does not design or market the Website and its sole relationship with Thunder Studios is that of independent contractor.
Thunder Studios and Provider shall collectively be known as “We” within these Terms.
Disclaimer: Neither Thunder Studios nor Provider is the official box office, nor affiliated in any way with any venue, promoter, team, league or organizing group. Neither Thunder Studios nor Provider is associated with any official organizer of the events for which tickets are listed. Rather, the Website is an independent marketplace for the sale of event tickets on the secondary market owned by Thunder Studios and Provider is the platform and service provider related to secondary marketplace sales.
Purchase Policy:
You may make a purchase by phone or through the Website. You will be required to give certain information to complete an order, as requested by the customer service representative or the Website, respectively. You are solely responsible for ensuring that the information you provide is correct; we are not responsible for any incorrect information. Once you have given that information, an order is submitted, which acts as an offer to purchase the tickets you have chosen. You will receive an email confirming the submission of an order. You cannot cancel or retract the order once it has been submitted. The placing of an order creates a hold on your credit or debit card for the funds required to place the order. Neither of these actions completes a sale. A sale is not completed until the seller accepts the order. If the seller accepts the order, you will receive confirmation that the order has been accepted and your credit or debit card will be charged. This charge shall be the total order value you agreed upon, which shall include service fees and a delivery fee. The price you agreed upon may be above face value. Service fees and delivery fees cover the costs of company operations, including the 100% Guarantee, the safe and secure checkout, customer service, and the delivery of the tickets.
Due to the large volume of ticket sellers listing tickets, locations, descriptions and pricing of similar or equal tickets may vary. It is your responsibility to verify any possible inconsistency or discrepancy in the ticket location, description and/or price. Ticket listings do not purport to state the type of ticket and delivery method is not indicative of whether or not a ticket is hard stock, PDF, or any other ticket format.
A large number of ticket resellers list their tickets on the Website and neither we nor Provider are responsible for typographical errors within the inventory listed for sale. When an error is found in processing your order, you will be notified of the error and provided with available options, including the option of cancelling your order.
You agree and understand that in the event your tickets are no longer available your tickets may be replaced with comparable or upgraded tickets, which shall be considered a fulfillment of the agreement created by the purchase of the tickets. Definitions of “comparable” and “upgraded” are made at the reasonable discretion of Provider. Should we fail to deliver any confirmed ticket purchase, our sole obligation or liability shall be limited, unless otherwise required by law, to the return of any payment made by you in relation to the undelivered ticket.
We reserve the right to cancel and refund your order at any time for any reason.
Zone Seating:
For certain live events, we permit a limited number of pre-approved sellers to offer tickets for sale that they do not currently possess. These tickets are marked on the listing as part of our “zone seating” program. If you purchase under the zone seating program, the seller is committing to obtain the tickets described for you upon receipt of your order. These tickets, like all tickets sold on this site, are backed by our 100% Guarantee. After you place your order and your order is confirmed, we guarantee that your tickets will be within the listed zone or section listed or one comparable and that you will receive these tickets in time for the event or your money back. Orders exceeding four tickets may be split up into different rows within the requested zone or section.
Payment:
By placing your order, you (i) acknowledge that sales are subject to these Terms; (ii) you acknowledge that we do not offer “buyer’s remorse” refunds; and (iii) you authorize Provider to charge your method of payment for the total amount of the tickets, which includes the ticket price, service and delivery fees and any applicable taxes. You may use Visa, Mastercard, Discovery, American Express, PayPal, or Apple Pay. You agree that you will not attempt to evade, avoid, or circumvent the limitations on your entitlement to full or partial refund set forth in these Terms. You will not seek a “chargeback” from a payment card issuer directly on legitimate charges, i.e., where our refusal to refund or credit a ticket purchase confirmed to these Terms. In the event that you dispute a charge with the card issuer and it is determined that the charge was valid and not the result of credit card or other payment fraud, we have the right to (i) seek payment, including all associated fees, by whatever lawful means necessary, including using collection agencies and legal proceedings, and (ii) refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and we may prohibit future purchases by all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision. We may also mitigate our damages by re-listing and selling the tickets that are the subject of the underlying payment dispute.
Pricing Errors:
A large volume of tickets are listed on the Website, and Thunder Studios makes every effort to prevent pricing errors. On rare occasions when pricing errors occur, Thunder Studios shall not be liable to the customer for this error. For the avoidance of doubt, if a ticket is subject to a pricing error, Thunder Studios may offer the tickets to you at the corrected price. If the corrected price is not acceptable to you, Thunder Studios will allow you to cancel your order.
Delivery and Tickets:
Tickets will generally be delivered in the manner designated in the ticket listing. If your tickets are being delivered via special delivery, you may need identification with a photograph to pick up the tickets. For listings with no designated delivery method, tickets will typically be shipped via our preferred carrier, UPS. Tickets may not ship out immediately. In all cases, we reserve the right to deliver tickets for any order as late as one (1) hour prior to the event. Valid delivery services on the day of the event may include, at our sole discretion, Will Call at the venue box office, email (when applicable), courier, or pick up at a location outside the venue designated by Provider. Please note that choosing tickets that are being delivered by UPS or Special Delivery does not guarantee that you will receive hard stock tickets. Delivery designations, such as “e-Tickets” or “Instant Download”, do not constitute guarantees of delivery any sooner than the day of the event. Typically such tickets will be delivered as designated. However, in some cases, delivery may first require additional verification or be subject to delays on behalf of the seller. It is your responsibility to contact us if you do not receive tickets within 48 hours of the event. Failure to do so may disqualify you from receiving a refund for any ticket you claim was not delivered, unless failure to receive notice is waived by us in our sole discretion.
You are responsible for confirming that the proper tickets were delivered to you. If your tickets were inconsistent with your order, you must notify us within forty-eight (48) hours of delivery. We shall not be held liable for inaccurate tickets if we are notified more than 48 hours after delivery.
Please keep your tickets in a safe place. We are not responsible for lost, stolen, damaged or destroyed tickets and are under no obligation, and, in many instances, are not able, to replace the tickets. Please note that direct sunlight or heat can damage certain types of tickets.
If you would like us to submit a request to the seller for a re-issue of tickets, the reissue fee is 15% of the order total (maximum of $200.00). If the seller is unable to receive the re-issue of the tickets, you will be refunded the reissue fee.
We reserve the right to change the delivery method, at our sole discretion, and may deliver tickets for any order up to the event start time listed on the tickets. If the delivery method changes at any time prior to delivery, we will not charge you additional delivery fees. You must notify Thunder Studios if you do not receive your tickets within 48 hours of the actual start time of the scheduled or rescheduled event. If you do not timely notify Thunder Studios, you may not be eligible for compensation based on non-delivery of tickets. Photo ID or other verification may be required to accept delivery.
Events:
Your event date, time, venue, and subject matter may change. You are responsible for monitoring the event and ensuring you have the current accurate details. In the event that your event details changes, we shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
In certain instances, a venue, promoter, or any entity putting on the event will require a ticket holder to relocate his or her seat or otherwise change the seating configuration in a manner beyond our control. We shall not be held responsible for any such change and will not be obligated to provide a refund or any other compensation in the event such a change occurs.
Compensation Policy:
All sales are final. As discussed in other provisions of these Terms, no compensation will be given for any reason except as explicitly described in these Terms. This policy is necessary because of our status as a live marketplace. When a purchase is confirmed, the seller removes the associated tickets from the seller’s inventory. The pricing in the market also changes frequently, and just as the seller is not permitted to decline to confirm an order in anticipation of the market going up, buyers are not permitted to return to tickets or cancel an order due to the market price going down. A buyer may sell their tickets if, after purchase, the buyer decides not to attend the event.
If an event is canceled, we will refund the purchase price (including delivery charges, less possible restocking fees), or will issue a credit for use on a future purchase, as determined in our sole discretion (this may vary by jurisdiction, including California (see California Business and Professions Code section 22507, under which we will facilitate the request for a refund from the ticket seller). In order to qualify for full compensation for cancelled events, you must return your tickets as soon as reasonably possible, but in no event should the returned tickets be postmarked more than five (5) business days after you receive notice that you are eligible for compensation. You will not be eligible for full compensation if you do not return the tickets, except at our sole discretion. Postponed or rescheduled events will not be refunded or otherwise compensated, except in jurisdictions where it is required by law, including California (see California Business and Professions Code section 22507), under which we will facilitate refund requests from the ticket seller. Provider, in its sole discretion, will determine when in event is canceled.
If we fail to make an on-time delivery of any purchased ticket for an event, then our sole obligation or liability shall be limited to compensating the buyer for any payments made to us under this Agreement. An “on-time delivery” for purposes of this paragraph means the delivery prior to the actual start time of the performance, regardless of the performance start time previously posted by any party. We reserve the right to cancel and refund the buyer’s order at any time for any reason.
If, for reasons of maintaining social distancing or other safety reasons related to the COVID-19 pandemic, any other pandemic or epidemic, or any other health or safety concern, the entity putting on the event has announced a seating or attendee capacity reduction of greater than 15%, then, at our sole option, we reserve the right to cancel tickets for seating locations eliminated by the venue or to deem such event cancelled in its entirety. In the event that we deem an event cancelled in its entirety based on a reduction in capacity: (i) all outstanding orders for such event will be cancelled; and (ii) the event will be reposted for sale with the adjusted capacity and known restrictions. Any buyers whose tickets have been cancelled pursuant to this paragraph shall receive compensation for such cancellation as described above.
100% Guarantee:
The 100% Guarantee means that your transaction will be safe and secure, the tickets shall be delivered prior to the event, the tickets shall be identical, comparable, or better than the tickets you ordered, and the tickets shall be valid and authentic. Your only recourse under the 100% Guarantee is full compensation of any payment made in relation to the tickets.
Denial of Entry:
If you have difficulty getting into an event using the ticket you purchased from us, you are required to contact us at ticketsales@thunderstudios.com immediately for assistance. If the problem is not resolved, it is your responsibility to obtain proof from the venue of denied entry. Upon receipt of valid proof that the tickets failed to provide you entry, or if we otherwise determine in our sole discretion that the ticket was invalid, your sole remedy will be to receive a full refund of the cost of the ticket including all fees and delivery charges.
When attending an event, you may be required by the venue or event organizer or such party’s agent to sign a waiver or other legal document in order to gain access to the venue. By purchasing tickets from us, you understand that you may be denied entry if you do not sign such waiver and such denial of entry will not be the responsibility of Thunder Studios.
Your tickets and admission to the event are subject to all venue and/or event organizer/promoter safety and health policies (including, but not limited to, those related to the COVID-19 pandemic), which could include, but are not limited to, health screening or vaccination requirements. You acknowledge that the venue and/or event organizer/promoter may continue to develop and update these policies in the intervening time between your purchase and the event date due to, for example, the uncertainty or evolving nature of the COVID-19 pandemic or other safety or health concerns. By purchasing tickets, you acknowledge and agree that you will comply with such policies and your attendance at the event is conditioned on such compliance. If your admission to the event is denied or revoked because (i) you have willfully failed or refused to comply with any such safety and health policies of the venue and/or event organizer/promoter, or (ii) if you have failed any health screenings or lack the vaccination status required by the venue and/or event organizer/promoter, you will not be eligible for any compensation from Thunder Studios.
Lost, Stolen, Damages or Otherwise Inaccessible Tickets
Please keep your tickets in a safe place. Thunder Studios is not responsible for lost, stolen, damaged, destroyed or otherwise inaccessible tickets and will not provide compensation for your order if you cannot locate or access your tickets once they are delivered to you.
Many tickets are accessible only through display via a mobile device. It is your responsibility to make certain that your mobile device is charged with sufficient power so that you can access your tickets when you arrive at the venue.
Ticket Holder Behavior Policy:
You agree to abide by all rules and policies of the venue, promoter and anyone else responsible for putting on the event. Should you or another person using the ticket you purchased from us fail to abide by those rules and policies, you shall be subject to 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 or any other compensation. 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.
You may not use of the Website for any unlawful conduct. You must comply with all local, state, federal and international laws, ordinances and regulations. By using this Website, you agree not to use any false personal information or use an invalid or unauthorized credit or debit card. You agree not to use or permit anyone to use information provided through the Website for any unlawful or unauthorized purpose.
We reserve the right to report to appropriate law enforcement authorities or other relevant third parties any activity that we believe, in our sole discretion, may in any way violate any local, state, federal or international law.
You are responsible for any and all legal fees incurred by you, Thunder Studios or Provider associated with your disputed charges and chargebacks for purchases made, or tickets listed, on this Website. In the event that you instigate a chargeback or dispute, we reserve the right to mitigate our damages by listing the tickets that are disputed for resale.
Investigations and Consequences:
A purchaser who is the subject of a complaint or whom we believe may have violated these Terms or applicable law will be subject to investigation by Provider. You agree to cooperate fully in such investigation including, but not limited to, providing any and all information demanded by Provider. If Provider finds, in its sole discretion, a user: (a) is unwilling to cooperate with any investigation; (b) has engaged in any illegal, unlawful or fraudulent conduct or otherwise violated these Terms or applicable law or has acted in concert with anyone so engaged; or (c) has provided information that Provider is unable to authenticate or verify, Provider may take any action it deems appropriate, including, but not limited to, canceling confirmed orders, issuing a warning, blocking your access to the Website, preventing you from finalizing pending transactions, or exercising any other remedy available to us (including civil, criminal or injunctive redress). You agree that monetary damages may not provide a sufficient remedy to us for violations of these Terms and may be difficult to ascertain or calculate and you consent to injunctive or other equitable relief for such violations. Provider reserves the right to report to appropriate law enforcement authorities or other relevant third parties any activity that it believes in its sole discretion, may in any way violate any local, state, federal or international law.
Changes in Terms and Conditions:
We reserve the right, in our sole discretion, to change these Terms at any time. If we change any term or condition, said modification, revision and additional information shall be posted here and shall automatically replace the terms and conditions and become binding on all users of this Website. Your continued use of the Website following our posting of revised terms and conditions constitute your acceptance of the revised agreement.
Intellectual Property Ownership:
The Website and Provider’s platform, including all Website software, databases, trademarks, logos, service marks, proprietary information and materials (and any intellectual property and other rights relating thereto) (“Our Property”) is owned or licensed by Thunder Studios and/or Provider and will remain the property of the same. You acknowledge and agree that you do not acquire any ownership or licensing rights by using the Website. You may not use any of our Property in connection with any product or service that is not offered by Thunder Studios or Provider in any manner that is likely to cause confusion with respect to Provider ‘s or Thunder Studios’s business, or in any manner that disparages the Website, Thunder Studios, or Provider. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Our Property without the express written permission of Thunder Studios or Provider. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties.
The content, organization, graphics, design, compilation, “look and feel” and all of our Property available on the Website, including, without limitation, images and written and other materials (the “Contents”), are intellectual property protected under the copyright, trademark and other intellectual property laws of the United States and/or other countries (“Intellectual Property Laws”). You may not download, print, copy, reproduce, distribute, transmit, broadcast, display, sell, license or otherwise use or exploit any of the Content except in the course of viewing the site online for lawful purposes, and in making single copies of selected pages of the site for personal use and not for distribution or posting on any other site. You also agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on any Content. The violation of applicable Intellectual Property Laws may give rise to civil and/or criminal penalties. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading or copying other than the foregoing license to possess for personal use.
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the Website; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Our Copyright Agent for notice of claims of copyright infringement can be reached at: Thunder Studios c/o UPS, Attn: Legal Department: Copyright Complaints, Thunder Studios Ltd64 Kimber Street, London, SW18 4PP, United Kingdom.
Legal Terms:
No Warranty: THE WEBSITE, THE MATERIALS ON THE WEBSITE AND ANY TICKET OR SERVICE OBTAINED THROUGH THE WEBSITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM, TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE WEBSITE, THE MATERIALS, AND ANY TICKETS OR SERVICE OBTAINED THROUGH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE WEBSITE AND YOUR RELIANCE THEREON. WE ARE NOT RESPONSIBLE IN ANY WAY FOR THE ACCURACY OR SUITABILITY OF ANY PAYMENT OF TAXES TO ANY ENTITY ON YOUR BEHALF. YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH STATES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
Limitation of Liability: NEITHER PROVIDER NOR Thunder Studios NOR ANY OTHER INDEMNIFIED PARTY ARE OR WILL BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS OR LOST PROFITS) AS WELL AS FOR ANY MULTIPLIER ON OR INCREASE TO DAMAGES, UNDER ANY CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTORY, COMMON LAW, EQUITABLE, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE WEBSITE, THE MATERIALS ON THE WEBSITE OR ANY TICKET OR SERVICE OBTAINED THROUGH THE WEBSITE. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NO INDEMNIFIED PARTY SHALL HAVE ANY LIABILITY OR RESPONSIBILITY WHATSOEVER FOR: (I) ANY ACTION OF ANOTHER USER TO THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, OR ATTENDANCE AT AN EVENT, INCLUDING ANY CLAIM, CAUSE OF ACTION, OBLIGATION, LIABILITY, RIGHT, OR REMEDY WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF PROVIDER OR Thunder Studios; (III) ANY UNAUTHORIZED ACCESS; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (IV) ANY BUGS, VIRUSES, WORMS, DEFECTS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY; (V) ANY ERROR, MISTAKE, INACCURACY OR OMISSION IN ANY MATERIALS, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY MATERIALS AVAILABLE THROUGH THE WEBSITE; AND/OR (VI) ANY LOST, STOLEN OR DAMAGED TICKETS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE. THE MAXIMUM LIABILITY OF Thunder Studios, PROVIDER AND ANY OTHER INDEMNIFIED PARTY, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ALL DAMAGES, LOSSES SUFFERED BY YOU AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE, SHALL BE THE GREATER OF (A) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE WEBSITE OVER THE PAST TWELVE (12) MONTHS; OR (B) $200.
YOU ACKNOWLEDGE AND AGREE THAT NEITHER Thunder Studios, PROVIDER, NOR ANY OF THE INDEMNIFIED PARTIES ARE LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD TFS AND THE INDEMNIFIED PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO TICKET SELLERS, OPERATORS OF VENUES AND EVENT ORGANIZERS/PROMOTERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES, SITES AND LOCATIONS RESTS ENTIRELY WITH YOU.
SOME JURISDICTIONS, INCLUDING BUT NOT LIMITED TO THE STATE OF NEW JERSEY, DO NOT ALLOW CERTAIN AGREEMENTS TO INCLUDE THE PROVISIONS OF THIS SECTION THAT (A) LIMIT OR EXCLUDE CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY TYPE; (B) LIMIT OR EXCLUDE THE USE OF ANY MULTIPLIER ON OR INCREASE TO DAMAGES; AND (C) LIMIT THE LIABILITY OF Thunder Studios, PROVIDER, AND ANY OTHER INDEMNIFIED PARTY, TO THE GREATER OF (1) THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE OVER THE PAST TWELVE (12) MONTHS; OR (2) $200. THESE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE PROVISIONS OF THIS SECTION DO NOT APPLY TO THE EXTENT, AND ONLY TO THE EXTENT, NOT PERMITTED BY APPLICABLE LAW.
Indemnification: You agree to indemnify, defend and hold Thunder Studios and Provider, and each of its parents, affiliates, licensors, suppliers, advertisers and sponsors, and their respective employees, consultants, agents and other representatives (“Indemnified Parties”) harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses that arise directly or indirectly out of or from: (a) your breach of any of these Terms; (b) any allegation that any information you submit or transmit to the Website infringes or otherwise violates the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) any federal, state, or county tax obligation or amounts due or owing under any tax regulation, law, order or decree or any dispute concerning the tax status of us; (d) your acts or omissions in connection with your use of this website; and (e) any claim brought by a third-party (a “Third Party Claim”) against any of the Indemnified Parties in respect of which recovery may be sought under clauses (a) through (d) above. These indemnification provisions shall survive any termination of this Agreement.
Arbitration and Dispute Resolution: You on the one hand and Thunder Studios and Provider on the other hand, each agree that, except as provided in the Exceptions provision below, any and all disputes, controversies, or claims arising out of or relating to: (i) these Terms; (ii) your use of, or access to, this Website; (iii) Thunder Studios’s and Provider ‘s services; or (iv) any tickets or other items sold or purchased through this Website; or (v) any marketing, advertising, statements, or representatives regarding or related in any way to those Terms, this Website (including access to and use thereof), Thunder Studios’s and/or Provider’s services, and any tickets or other items sold or purchased through the Website shall be fully, finally, and exclusively resolved exclusively through final and binding arbitration in Chicago, Illinois, rather than in court. SPECIFICALLY, YOU HEREBY AGREE TO WAIVE ALL RIGHTS AND CLAIMS TO A TRIAL BY JURY AS WELL AS ANY RIGHT TO BRING CLAIMS IN OR OTHERWISE PARTICIPATE IN A CLASS, REPRESENTATIVE, OR CONSOLIDATED ACTION OR PROCEEDING, AS SET FORTH BELOW.
Exceptions: Notwithstanding the remainder of this Arbitration and Dispute Resolution section, You and Thunder Studios and Provider agree that the following types of disputes will be resolved in court, unless both You and Thunder Studios and Provider agree to submit the dispute to arbitration pursuant to this Arbitration and Dispute Resolution section:
(1) Disputes or claims within the jurisdiction of a small claims court; or
(2) Disputes or claims where the sole form of relief sought is injunctive relief (including public injunctive relief).
For the avoidance of doubt, the waiver of the right to bring claims in or otherwise participate in a class, representative, or consolidated action or proceeding does not prevent you from seeking public injunctive relief in an individual capacity to the extent otherwise permitted by law.
You and Thunder Studios and Provider also agree that for disputes or claims where both injunctive relief (including public injunctive relief) and non-injunctive relief are sought, You and Thunder Studios and Provider will first submit the dispute or claim for non-injunctive relief to arbitration pursuant to this Arbitration and Dispute Resolution section. The arbitrator will not be permitted to grant injunctive relief (unless the parties mutually agree otherwise). Once the arbitration of the dispute or claim for non-injunctive relief has concluded, You and/or Thunder Studios and Provider may seek the injunctive relief (including the public injunctive relief) in court to the extent permitted by law.
Any litigation in court of the foregoing types of disputes (except for small claims court actions) may be commenced only in a federal or state court located within Cook County, Illinois, and You and Thunder Studios and Provider each consent to the jurisdiction of those courts for such purposes.
Governing Law: The Federal Arbitration Act (“FAA”) governs this agreement to arbitrate in all respects. This means that the FAA governs, among other things, the interpretation and enforcement of the parties’ arbitration agreement and all of its provisions. State arbitration laws do not govern in any respect. Further, you and Thunder Studios and Provider each agree that the Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with federal law to the fullest extent possible. To the extent state law applies, the parties’ arbitration agreement shall be governed by Illinois law, subject to conflict of law principles.
Informal Dispute Mechanism: Customer satisfaction is our number one goal. To that end, Thunder Studios and Provider are committed to resolving disputes with its customers in a fair and efficient manner. Prior to commencing any arbitration related to this Agreement, you agree that if you have a dispute with Thunder Studios or Provider, you must first contact our Customer Service Department at 844-765-8432. If our Customer Service Department is unable to achieve a satisfactory resolution, then you must notify us in writing about your claim by sending the accompanying form by certified mail to: Thunder Studios c/o UPS, Attn: Arbitration Department, Thunder Studios Ltd 64 Kimber Street, London, SW18 4PP, United Kingdom. It is important that you provide as much information as possible. Our representative will respond within thirty (30) days of receiving this notice. If the matter is not resolved to your satisfaction, then you agree to begin arbitration by submitting a Demand for Arbitration to the American Arbitration Association (“AAA”). You further agree that exclusive jurisdiction for any such arbitration shall be Chicago, Illinois. The Demand for Arbitration and the AAA’s rules are available at www.adr.org.
Delegation: The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement to arbitrate, or any part of it, or of these Terms, including, but not limited to, any claim that all or any part of this Agreement to arbitrate or the Terms is void or voidable. If any party disagrees about whether the foregoing provision (or any portion of this agreement to arbitrate, including without limitation the provisions relating to arbitration, the waiver of class or representative proceedings, and opting out) can be enforced or whether it applies to the dispute, the parties all agree that the arbitrator will decide that dispute. The arbitrator will decide the substance of all claims in accordance with the laws of the state of Illinois. The arbitrator’s award will be final and binding, and judgment on the award rendered by the arbitrator may be entered in a court having jurisdiction thereof.
Opting Out: You can choose to reject this agreement to arbitrate. If you do not wish to be bound by this agreement to arbitrate, you must notify us in writing within thirty (30) days of the date that you first access this Website. Your written notification must include your name and address, as well as a clear statement that you do not wish to resolve disputes with Thunder Studios and/or Provider through arbitration. Written notification should be mailed by certified mail to: Thunder Studios c/o UPS, Attn: Arbitration Department, Thunder Studios Ltd 64 Kimber Street, London, SW18 4PP, United Kingdom.
YOU ON THE ONE HAND AND Thunder Studios AND/OR PROVIDER ON THE OTHER HAND AGREE THAT EACH MAY ONLY BRING CLAIMS AGAINST THE OTHER ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS BOTH YOU AND Thunder Studios AND/OR PROVIDER (AS THE CASE MAY BE) ACKNOWLEDGE AND AGREE THAT THE WAIVER IS MATERIAL AND ESSENTIAL TO THE ARBITRATION OF ANY DISPUTES BETWEEN THE PARTIES AND IS NON-SEVERABLE FROM THE AGREEMENT TO ARBITRATE CLAIMS. IF THE WAIVER IS LIMITED, VOIDED OR FOUND UNENFORCEABLE, THEN THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING, SUBJECT TO THE RIGHT TO APPEAL THE LIMITATION OR INVALIDATION OF THE WAIVER. UNLESS YOU AND Thunder Studios AND/OR PROVIDER AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER PROVIDER OR WEBSITE USERS.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Thunder Studios and/or Provider (whichever is the subject of the arbitration) will pay all filing, administrative and arbitrator fees associated with the arbitration. Any request for payment of fees by Thunder Studios and/or PROVIDER should be submitted by mail to the AAA along with the Demand for Arbitration. In the event the arbitrator determines the claim you asserted in the arbitration to be frivolous or brought for an improper purpose, you agree to reimburse Thunder Studios or Provider, as the case may be, for all fees associated with the arbitration paid by Thunder Studios or Provider.
For transactions involving tickets to events in Illinois, pursuant to 815 ILCS 414/1.5(c), you, Provider, and Thunder Studios may elect to submit complaints against one another to the AAA, under its rules and procedures. Such Complaints shall be decided by an independent arbitrator in accordance with these Terms and you, Provider and Thunder Studios further agree to submit to the jurisdiction of the State of Illinois for complaints involving a ticket event held in Illinois.
Modification:
Provider and Thunder Studios have the right, in our sole discretion, to modify, suspend or discontinue any part of this Website at any time, with or without notice.
Access to the Website:
We, in our sole discretion, with or without cause, and without prior notice, may terminate your access to the Website.
Force Majeure:
We shall not be deemed in default or otherwise liable under these Terms due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
Tax:
You are responsible for paying any sales taxes that may be applicable.
Governing Law:
These Terms, the use of the Website and Platform, and any sale of tickets hereunder will be governed by the state of Illinois, without reference to conflict of law principles.
Entire Agreement:
This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings between the parties, whether oral, written, electronic or implied.
Additional Provisions:
No agency, partnership, joint venture or other relationship is intended or created by your use of the Website.
If any provision of these Terms is held invalid or unenforceable under any circumstance, its application in any other circumstances and the remaining provisions shall not be affected. Further, the provision that has been deemed to be invalid or ineffective shall be enforced to the greatest extent permitted by law.
The heading at the beginning of each paragraph is for reference purposes and no way defines the scope or extent of such paragraph.
