PURCHASE AGREEMENT — NORTH AMERICA

Effective 03.01.2020

In addition to the Terms of Use and our Privacy Policy, the following terms and conditions apply to all transactions via FlashSeats.com and the Flash Seats mobile application (the "Service"). Terms and conditions of sites linked to by or from this Service may vary. Any reference to AXS herein included AXS Group LLC and its subsidiaries and affiliates, including, but not limited to, Flash Seats Vertical Alliance, LLC.

Please note that both Primary (original issuance) and Resale tickets are available for purchase, and different terms may apply to each as detailed below.

Tickets (Right to Attend)

  • Each ticket that you purchase from this Service, whether a Primary or Resale ticket and including digital tickets delivered through our digital method of delivery (sometimes called "Mobile ID", "Flash", "Flash ID" or "AXS Mobile ID"), is a revocable license to attend a particular event and is subject to these terms and restrictions, as well as any specific terms and conditions applicable to the particular event for which the ticket provides entry rights.

Payment

  • All ticket prices for events that occur in the United States are stated in U.S. Dollars. All ticket prices for events that occur in Canada are stated in Canadian Dollars. The Service currently accepts various credit card and digital methods of payment. You agree to pay all charges incurred by you or any users of your account and credit card and/or other payment method at the price(s) in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Ticket purchases must be paid in full at the time of purchase, unless otherwise provided. ALL PURCHASES ARE NON-REFUNDABLE AND CANNOT BE CANCELLED. See below for additional terms and conditions related to your purchase, including in Section 10 "Event Cancellations/Postponements".

Resale of Right(s)

  • We permit resale of Right(s) to events using this Service to the fullest extent permitted by law. AXS is not the seller of Resale tickets and will be acting only on the seller's behalf when offering Resale tickets on FlashSeats.com. If you sell or transfer tickets, you are responsible for ensuring that your transactions do not violate any applicable law. Additionally, you agree to comply with these conditions and all applicable laws, statutes, ordinances and regulations regarding the use or our service, listing of tickets for sale, solicitation of offers for purchase and the resell of tickets. You also agree that you are responsible, as a seller of tickets for paying all taxes, if any, associated with your sale of tickets through our website. AXS complies with any obligation it may have to provide information to tax or other compliance authorities, including with respect to anti-fraud and/or anti-money laundering efforts.

Ticket Purchases

4.1 Purchases - General

You must supply the required payment, credit card, and/or other personal information in order to complete your purchase. The holder bears all risks of inclement weather or Force Majeure events. Force Majeure events include, without limitation, fire, accident, acts of God, severe weather conditions, power outages, telecommunication interruption, strikes or labor disputes, war or other violence, or any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental agency). Event date and time are subject to change. In reviewing and/or purchasing tickets, you may be linked to a third-party site, which is not affiliated with our Services. WE ARE NOT RESPONSIBLE FOR ANY ASPECT OF THIRD-PARTY WEB SITES, INCLUDING PURCHASES MADE ON THOSE SITES. Please make sure to review the terms and conditions that you will find on these third party sites. Upon payment in full by you, you shall be entitled to the tickets selected by you and you shall have no liability to the seller. Delivery of the tickets shall be made in accordance with the section headed "Delivery of Tickets" below.If you decide to purchase tickets, merchandise, parking or other rights, you agree to pay, in addition to the price for the tickets or other items, other fees and charges that we impose, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You also agree to pay any applicable taxes, including, but not limited to, any applicable admissions tax. As a seller of tickets you agree that we may receive payment from the buyer in respect of such fees and charges. We have the right to reject or cancel any purchase, including if we suspect fraud or any other issues with payment or suspicious account activity.

4.2 Purchases - Primary

Unless otherwise stated as part of the purchase, any Primary tickets purchased on the Service are typically subject to a per-ticket convenience charge and a per order processing and/or delivery fee. Depending on the venue, the ticketing company and your delivery choice, delivery charges may also apply. You may be able to avoid certain charges by purchasing tickets directly from the venue's box office. In some instances, tickets delivered via AXS' digital method of delivery will not incur a delivery charge.We may also impose other fees and charges including, but not limited to, charges for issuance, convenience, handling, processing, shipping, delivery (including, but not limited to, charges for courier delivery) and any other miscellaneous charges assessed by us represent, among other things, the costs we incur in providing our goods and services to you. The fees and charges we assess may be greater than our actual cost of providing those services, and we may retain a portion of all such fees and charges as profit. All purchases, including both the face value and the associated fees, are non-refundable.

4.3 Purchases - Resale

If you are purchasing a Resale ticket, there may be applicable buyer, transfer, and/or logistics fees and charges we impose. Such fees and charges may vary by event and venue. Please consult the information found within each event detail page, which will detail any and all applicable fees and charges prior to any purchase. We reserve the right to increase or decrease this fee at any time without advance notice for future transactions. If you are purchasing a Resale ticket, you will be entering into a contract with the seller of the Resale ticket for the transfer of the Resale ticket. We do not review, nor do we warrant or guarantee, the accuracy of any information provided by Resale sellers of tickets in the seller comments areas of any ticket listings (if any). You should base your purchase decision solely on the information indicated by the Section, Row and Seat Number in the listing and/or the unique ticket identification number provided. You are solely responsible for making a purchase, based on the information provided on our website. We do not have any legal authority to complete a purchase on your behalf, and do not act as your agent. By providing payment details and clicking "buy now", you are agreeing for us to debit or authorize payment for the Right(s) via the payment method provided. If you are providing payment details related to an auction listing, the payment will only be processed if the bid wins the auction. You are urged to review all pages displayed during your completion of a purchase. All fees and charges relating to your transaction will be disclosed to you during the purchase process. If you do not agree to pay the fees or charges associated with your purchase, you may cancel your transaction prior to completing it. All completed transactions are final, so please be sure that you have selected the proper event and Right(s) relating to such event prior to completing your purchase.

Ticket Sales

5.1 Sales - General

You are prohibited from selling or offering for sale your Right(s) through another publicly available marketplace, whether or not electronic or accessible through the Internet, unless such marketplace is an authorized partner of AXS. Any use of our website to facilitate the sale of Right(s) through another publicly available marketplace that is not our partner may result in any or all of the following: (i) cancellation of the transfer or sale transaction conducted on our website; (ii) a charge of our sales fee (defined below), calculated with respect to the full sales price of such Right(s) sold or transferred, assessed against the seller/transferor of such Right(s) (such sales fee will be charged to the credit card on file for the seller/transferor twenty-four (24) hours after we provide notice of the assessment of such charge to such person via email); (iii) revocation of the seller/transferor's rights to use our website and any or all of our other services; and (iv) revocation of such sold or transferred Right(s) by the event/venue.Seller fees on the Service may vary by event and venue. Please consult the seller fee information found within each event detail page. Our sales fee (defined within each event) will be assessed against you as the seller of any Right(s) that are sold or offered for sale, as well as any taxes that may apply, both of which will be deducted from the transaction amount due to you. At the time of the sale, you will receive information on how the proceeds due to you from any sale transaction will be submitted, including options of various methods if such options are available. We may also impose fees and charges payable by the buyer, such as convenience fees, processing fees, shipping and handling fees and other miscellaneous fees. You, as seller, consent to AXS receiving payment in respect of such fees and charges from the buyer.

5.2 Sales - Primary

We act on behalf of a seller when selling tickets. This means that event promoters and venues have given us authority to conclude a sale of tickets to a buyer for the tickets that they have chosen to list for sale. On receipt by us of payment from you, we shall transfer the ticket to you, subject to this Purchase Agreement, our terms and the specific terms and conditions of the event promoter and/or venue.

5.3 Sales - Resale

We act on your behalf, as seller, when reselling tickets. This means that you agree that we will have authority to conclude a sale of the tickets to a buyer on your behalf once you have told us to list the tickets for resale. You will also be entering into a separate contract with the buyer of the tickets to transfer the tickets to them. The proceeds from Resale transactions may not be immediately available for disbursement and AXS may delay the disbursement until the associated event has occurred. Finally, as a seller of tickets, you agree never to specify or include any of the following within the seller comments area of ticket listings:

  • Any personally identifiable information (including, but not limited to, street address, phone numbers, or email addresses).
  • Offensive, profane or abusive information or remarks.
  • Obscene, indecent, pornographic or unlawful information or remarks.
  • Libellous, slanderous, defamatory, or infringing information or remarks.
  • JavaScript or any other scripting language, or HTML or HTML tags.

We act on behalf of a seller when selling tickets. This means that event promoters and venues have given us authority to conclude a sale of tickets to a buyer for the tickets that they have chosen to list for sale. On receipt by us of payment from you, we shall transfer the ticket to you, subject to this Purchase Agreement, our terms and the specific terms and conditions of the event promoter and/or venue.

5.4 Transfers

Transfer fees may vary by event and venue. Please consult the se

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