Hailstorm.com Policies & Terms of Use
General. Hailstorm.com acts as an intermediary between buyers and ticket
brokers to facilitate the purchase and sale of event tickets and as such, is not
directly involved in the actual ticket sale transaction between the buyers and ticket
brokers.
All sales are final. As tickets sold through Site are often obtained
through the secondary market and prices are determined by the individual ticket seller,
the prices for tickets may be above or below face value.
The following are the rules or "Terms" that govern use of the Hailstorm.com
Web site ("Site") by you, the user of the Site ("User"). By using or visiting the
Site, User expressly agrees to be bound by these Terms and to follow these Terms
and all applicable laws and regulations governing the Site. Hailstorm.com reserves
the right to change these Terms at any time, effective immediately upon posting
on the Site. If User violates these Terms of Use, Hailstorm.com may terminate
User's access to the Site, bar User from future use of the Site, cancel User's ticket
order, and/or take appropriate legal action against User.
Orders. Orders through Hailstorm.com will be fulfilled by one of our network
of participating brokers. Contact information for the broker who fulfills your order
(Fulfilling Broker) will be provided to User during the purchase process. If you
lose this information User may contact Hailstorm.com@ticketnetwork.com to get information
about the order. All sales are final. Since tickets are a one-of-a-kind item and
not replaceable, there are no refunds, exchanges or cancellations. If an event is
postponed, tickets will be honored for the rescheduled date. New tickets will not
need to be issued. If an event is cancelled without a rescheduled date, User will
need to contact the Fulfilling Broker for a refund. The Fulfilling Broker may require
the User to return the supplied tickets at User's expense before receiving any refund
User may be entitled to due to cancellation. Hailstorm.com is not responsible for
providing or securing this refund for User. Refunds will be processed in the same currency
as the original order. Conversion charges, including though not exhaustive of the ones
issued by User's bank, if any, are not covered by Hailstorm.com or Fulfiller.
Any shipping and handling charges are
not refundable. Neither Hailstorm.com nor the Fulfilling Broker will issue exchanges
or refunds after a purchase has been made or for lost, stolen, damaged or destroyed
tickets. When User receives tickets, User should keep them in a safe place. Please
note that direct sunlight or heat may damage tickets.
Occasionally tickets ordered may no longer be available at the price or in the quantity
originally ordered at the time the order is received. If equivalent or better seat
locations are available at the same price, and User has chosen to be automatically
upgraded, the Fulfilling Broker will fill the order with the alternative seat locations.
If User is automatically upgraded, User's credit card will be charged at the time
the order is received and User will be contacted for notification of the new seat
locations. If User has not chosen to be automatically upgraded, a representative
from the Fulfilling Broker may contact User to discuss alternative seat locations,
and User's credit card will not be charged until we have received permission from
User to fill your order with alternative seat locations.
In Order to protect our users from fraud, a user may be required to provide additional
proof of identify on any order. Proof of identity may include but is not limited
to a signed credit card authorization and/or photocopies of notarized public documents
such as a state driver's license or federal passport.
All orders are shipped via User's chosen shipping method to the billing address
of User's credit card (no exceptions). Most orders are processed the same business
day in which they are received. Orders placed after business hours may be processed
on the next business day. For certain events, tickets may not be available for immediate
shipment. In this case, a representative from the Fulfilling Broker will contact
User with notification of an approximate shipping date. Tickets will be shipped
when available, and choice of an expedited delivery method does not guarantee that
tickets will be shipped immediately. All shipments will require a signature at the
point of delivery. Customers outside of the United States must choose an International
Delivery option. If any other option is chosen for an order outside the United States,
the shipping cost may be adjusted by the Fulfilling Broker after the order is placed
to use the International Rate.
If User specifies a shipping address that does not allow for Delivery Verification,
such as a Post Office Box, User may be required to pay an additional fee to cover
the additional risks associated with this type of order. If such a shipping address
is used, the Fulfilling Broker will, at their discretion, either contact you about
the additional fee prior to shipping or cancel your order and notify you of such
cancellation.
Pricing Tickets sold through our site are from secondary ticket market brokers
and are being resold in many cases above the price or "face value" listed on the
ticket. Hailstorm.com and its participating brokers are not directly affiliated
with any performer, sports team, or venue and we do not act as a primary sale box
office.
Hailstorm.com cannot confirm the price of an item until you order; however, the
Fulfilling Broker does NOT charge your credit card until after the ticket has been
secured. Despite Hailstorm.com's best efforts, a small number of the items listed
on the Site may be mispriced. If the Fulfilling Broker discovers an item's correct
price is higher than the stated price, the Fulfilling Broker will, at their discretion,
either contact you for instructions before shipping or cancel your order and notify
you of such cancellation.
Prices stated on the Site do not include any state or other local taxes that may
apply to User's order. All prices are in United States Dollars (USD) unless otherwise
specifically stated.
Credit Card Charges. If TicketNetwork Direct is the broker handling your
order, the name TicketNetwork Direct will appear on your credit card statement rather
than Hailstorm.com. If another broker is handling your order, their business name
rather than Hailstorm.com will be the name appearing on your statement. If you have
any questions about charges on your credit card statement feel free to contact us
at Hailstorm.com@ticketnetwork.com.
Event Listings. Hailstorm.com does not guarantee the accuracy of event information
on Site including but not limited to event name, event location or venue, event start time, or event date.
Permitted Use. User agrees that User is only authorized to visit, view and
to retain a copy of pages of this Site for User's own personal use, and that you
shall not duplicate, download, publish, modify or otherwise distribute the material
on this Site for any purpose other than to review event and promotional information,
for personal use, or to purchase tickets or merchandise for User's personal use,
unless otherwise specifically authorized by Hailstorm.com to do so. The content
and software on this Site is the property of Hailstorm.com and/or its suppliers
and is protected by U.S. and international copyright laws.
Links. The Site may automatically produce search results that reference or
link to third party sites throughout the World Wide Web. Hailstorm.com has no control
over these sites or the content within them. Hailstorm.com cannot guarantee, represent
or warrant that the content contained in the sites is accurate, legal and/or inoffensive.
Hailstorm.com does not endorse the content of any third party site, nor do we warrant
that they will not contain viruses or otherwise impact User's computer systems.
By using the Site to search for or link to another site, User agrees and understands
that User may not make any claim against Hailstorm.com for any damages or losses,
whatsoever, resulting from use of the Site to obtain search results or to link to
another site. If User experiences a problem with a link from the Site, please notify
us at Hailstorm.com@ticketnetwork.com and we will investigate User's claim and take
any actions we deem appropriate in our sole discretion.
Violation of the Terms. Hailstorm.com, in its sole discretion, and without
prior notice, may terminate User's access to the Site, cancel User's ticket order
or exercise any other remedy available to it. User agrees that monetary damages
may not provide a sufficient remedy to Hailstorm.com for violations of these terms
and conditions and User consents to injunctive or other equitable relief for such
violations. Hailstorm.com may release User information if required by law or subpoena,
or if the information is necessary or appropriate to release to address an unlawful
or harmful activity. Hailstorm.com is not required to provide any refund to User
if you are terminated as a user of this Site.
Copyright Policy. All text, graphics, files, applets, scripts, software and
other works on the Site are the copyrighted works of Hailstorm.com. All Rights Reserved.
Any unauthorized redistribution or reproduction of any copyrighted materials on
the Site is strictly prohibited. Hailstorm.com, Hailstorm.com and www.Hailstorm.com
are protected marks of Hailstorm.com.
Hailstorm.com reserves the right to terminate the privileges of any User who uses
this Site to unlawfully transmit or receive copyrighted material without a license
or express consent, valid defense or fair use exemption to do so. After proper notification
by the copyright holder or its agent to us, and confirmation through court order
or admission by the User that they have used this Site as an instrument of unlawful
infringement, we will terminate the infringing Users' rights to use and/or access
to this Site. We may, also in our sole discretion, decide to terminate a User's
rights to use or access to the Site prior to that time if we believe that the alleged
infringement has occurred.
DISCLAIMERS. HAILSTORM.COM MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE,
UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT,
SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN "AS-IS" AND
"AS-AVAILABLE" BASIS. HAILSTORM.COM MAKES NO ASSURANCES THAT FILES USER ACCESSES
OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE
FEATURES. HAILSTORM.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
HAILSTORM.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER
BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY
OF OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
HAILSTORM.COM DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT
OF ANY THIRD PARTY USERS, HAILSTORM.COM USERS, ADVERTISERS AND/OR SPONSORS ON THE
SITE, IN CONNECTION WITH THE HAILSTORM.COM SERVICE OR OTHERWISE RELATED TO YOUR
USE OF THE SITE AND/OR THE HAILSTORM.COM SERVICE. HAILSTORM.COM IS NOT RESPONSIBLE
FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE,
PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE
SITE.
Limitation on Liability. Except in jurisdictions where such provisions are
restricted, in no event will Hailstorm.com be liable to User for any indirect, consequential,
exemplary, incidental, special or punitive damages, including lost profits, even
if Hailstorm.com has been advised of the possibility of such damages.
Governing Law. User agrees that any controversy or claim arising out of or relating to the use of
Site will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions.
User agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Tolland County.
Arbitration. Any controversy or claim arising out of or relating to the use of the Site,
or any alleged breach of these policies, shall be resolved through binding arbitration in the
jurisdiction of Site's headquarters, Tolland County, Connecticut, and administered by the
American Arbitration Association in accordance with its Commercial Arbitration Rules including
the Optional Rules for Emergency Measures of Protection. Any award issued through arbitration
is enforceable in any court of competent jurisdiction.
Force Majeure. Site shall not be deemed in default or otherwise liable under these rules
and policies due to its inability to perform its obligations by reason of any fire, earthquake,
flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy,
riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal,
county, state or national ordinance or law, or any executive, administrative or judicial order
(which order is not the result of any act or omission which would constitute a default hereunder),
or any failure or delay of any transportation, power, or communications system or any other or similar
cause not under Site's control (hereinafter all of the foregoing is collectively referred to as FORCE MAJEURE).
Notwithstanding the foregoing, Site shall be permitted to terminate this Agreement with or without notice to the
User in the event that User is prevented from performing hereunder due to FORCE MAJEURE.
Indemnity. User agrees to indemnify and hold Hailstorm.com, its subsidiaries,
affiliates, officers, agents and other partners and employees, harmless from any
loss, liability, claim or demand, including reasonable attorneys' fees, made by
any third party due to or arising out of User's use of the Site, including also
User's use of the Site to provide a link to another site or to upload content or
other information to the Site.
Registration. Certain areas of the Site are provided solely to registered
Users of the Site. Any User registering for such access agrees to provide true and
accurate information during the registration process. Hailstorm.com reserves the
right to terminate the access of Users should Hailstorm.com know, or have reasonable
grounds to suspect that a User has entered false of misleading information during
the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS
OF AGE. Children under the age of eighteen (18) shall not be permitted to register.
Hailstorm.com reserves the right to require valid credit card information as proof
of legal age. Hailstorm.com maintains a strict online Privacy Policy and will not
sell or provide User credit card information to third parties.
User Account. User will select a username and password as part of the registration
process. All User account pages are protected with Secure Socket Layer (SSL) encryption.
User is fully responsible for maintaining the confidentiality of their username
and password. User agrees to immediately notify Hailstorm.com at Hailstorm.com@ticketnetwork.com
should User know, or have reasonable grounds to suspect, that the username or password
have been compromised. Hailstorm.com shall not be responsible for User's failure
to abide by this paragraph. Hailstorm.com may, in its sole discretion, terminate
the User's account for any reason. Under no circumstances shall Hailstorm.com be
liable to any User or third party for termination of a User's account.
Third Party Advertisers. Hailstorm.com may allow third party advertisers
to advertise on the Site. Hailstorm.com undertakes no responsibility for User's
dealings with, including any on-line or other purchases from, any third party advertisers.
Hailstorm.com shall not be responsible for any loss or damage incurred by User in
its dealings with third party advertisers.
Copyright Infringement Notification
Should you wish to file a copyright infringement notification with TicketNetwork,
you will need to send a written or electronic communication that includes all of
the following, as based on Section 512(c)(3) of the Digital Millennium Copyright
Act (DMCA):
- A physical or electronic signature of a person authorized to act on behalf of the
owner of the material that has allegedly been infringed.
- Identification of the material that is claimed to be infringing or to be the subject
of infringing activity. *Please provide the URL(s) in the body of your email or
letter, as this will help us to identify the potentially infringing material.
- Contact information of the complainant.
- A statement that the complainant has a good faith belief that use of the material
in the manner complained of is a copyright violation.
- A statement that the information in the notification is accurate, and under penalty
of perjury, that the complainant is authorized to act on behalf of the owner of
material that has allegedly been infringed.
Written or electronic notice of copyright infringement should be mailed, faxed,
or emailed to TicketNetwork's designated agent at:
Copyright Complaints
TicketNetwork
137 Bolton Road
Vernon, CT 06066
Fax: 860-760-6699
Email:
copyright@ticketnetwork.com
Please note the following:
- Under Section 512(f) of the DMCA, any person who knowingly misrepresents that
material or activity is infringing may be subject to liability for damages.
Privacy Policy. This privacy policy (Privacy Policy) covers Hailstorm.com'
treatment of personal or personally identifiable information (Personal Information)
that may be collected when User is on the Site and when User uses Hailstorm.com
services. This Privacy Policy does not apply to the practices of companies or individuals
that Hailstorm.com does not own or exercise supervisory control over, or to third
party advertisers on the Site. Hailstorm.com may collect Personal Information when
User uses certain services on the Site or when User visits cookie-enabled web pages.
Hailstorm.com may also log your IP address when User accesses the Site. Hailstorm.com
uses this Personal Information to fulfill requests for our services or products,
to contact Users regarding changes to our Site or our business, and to customize
the content that User might see on the Site. Hailstorm.com may also use "cookie"
files to better service User needs by creating a customized template or web page
to the Site. Hailstorm.com will not sell or rent User's Personal Information to
any individual, business or government entity unless requested by User or if Hailstorm.com
is required to respond to court orders, subpoenas or other legal process. Hailstorm.com
reserves the right to amend this policy at any time. Hailstorm.com will contact
registered Users by email or shall post a notice of changes in its Site, when and
if the terms of this policy are amended.