thomasaparis.com Terms and Conditions
Acknowledgement
The services offered at www.thomasaparis.com ("thomasaparis.com," "we," "us," "our," or the "Site"), are provided to the purchasers of tickets (each a "Client") or the organizers of events (each a "Organizer," and together with Client, each a "User") under all the agreements as stated in this Agreement (the "Terms and Conditions"), and any operating rules or policies that may be published by thomasaparis.com in the Legal section of the Site (http://www.thomasaparis.com). By registering with our service and/or using thomasaparis.com, user agrees to be bound by all of the terms and conditions herein and all the agreements set forth in the Terms and Conditions, the Privacy Policy in the Legal section of the Site (collectively, the "Agreements"). User may continue to use thomasaparis.com as long as User agrees to, and abides by, all the terms of the Agreements.
Event Planning Services
thomasaparis.com will provide User with non-exclusive access to and use of certain of thomasaparis.com's owned and/or leased computer systems and certain proprietary and licensed software and other information (the "Services"). User may use the services only for purposes of purchasing tickets or performing its internal business operations or its clients' business operations delegated to User. User may not use the Services as part of any other resale capacity.
Pricing and Payments
By submitting an Event (as defined below) or by purchasing tickets to an Event, User agrees to pay all the related service charges in accordance with the Agreements (the "Fees"). If User does not pay the Fees by the time they are due, thomasaparis.com may demand penalties and/or turn the amount due to collection agencies.
Responsibilities
User is solely responsible for the adequacy, correctness and accurateness of all data that User provides to thomasaparis.com. User is solely responsible for the back-up of its data used in connection with the Services. User shall take responsibility in protecting its login information.
User agrees not to reverse engineer, disassemble or decompile the Services or cause or permit the reverse engineering, disassembly or decompilation of the Services.
User agrees that it will only use the Services for lawful purposes and in compliance with the Agreements.
thomasaparis.com assumes no responsibility for the FOREGOING.
Client Ticket Purchasing Agreement
The Agreements are made in order to allow Clients access to, or participation in, events, venues and other activities (each an "Event" and collectively the "Events").
Note that each ticket a Client purchases, provides Client admission to attend an Event organized by an Organizer, and the ticket may have additional terms printed on it.
Refund Policy
ALL SALES ARE FINAL. THERE ARE NO REFUNDS OR EXCHANGES OTHER THAN IN THE SOLE AND ABSOLUTE DISCRETION OF thomasaparis.com. The only exceptions to the refund policy are when an Event is canceled or rescheduled.
Note that any service fee CHARGED is non-refundable, even if CLIENT IS allowed a refund for a canceled or rescheduled event OR IF thomasaparis.com ISSUES A REFUND AT THE REQUEST OF AN ORGANIZER.
It is Client's sole responsibility to carefully review Client's ticket reservation information before actually submitting the final purchase confirmation.
In case of an Event cancellation, Client will be notified by either an email message or phone call (assuming Client has provided valid information), and Client's credit card will be refunded automatically at no additional charge to Client.
In case of a rescheduled Event, Client will be notified by either an email message or phone call (assuming Client has provided valid information), and Client will have the option of attending the Event on the rescheduled date or receiving a refund. If Client decides to attend the new Event date, Client's original ticket will transfer to the new Event date with the same ticket value and seat location at no additional charge. If Client decides to receive a refund, Client's credit card will be refunded automatically by thomasaparis.com.
If Organizer would like to issue refunds through thomasaparis.com on any tickets sold to an Event, Organizer must contact thomasaparis.com, at the latest within 24 hours after the Event date. Once the revenues of the Event have been sent to Organizer, there will be no refunds issued.
Purchasing Tickets
All tickets purchased through thomasaparis.com are paid in U.S. Dollars. thomasaparis.com accepts: Visa, Master card, American Express, Discover and Diner's Club.
When Client purchases a ticket to an Event, thomasaparis.com acts as an agent between Client and Organizer. As such, thomasaparis.com does not set the prices of the tickets, the ticket types or any of the information related to the Event attendance. The information, ticket prices and seating locations are provided by the Organizer. thomasaparis.com does not control the inventory of tickets. Organizer has full control of how many tickets are sold through the Site, and is responsible for tracking the accuracy of its Events being sold through the Site. Organizer is allowed to sell tickets through other means in addition to thomasaparis.com. In addition, the Organizer is allowed to not release certain sections of the seats until a desired time.
After purchasing a ticket, Client will be able to print a eTicket in Client's "My Events" section of the site. It is Client's sole responsibility to print the correct eTicket for the correct Event and take it to the Event. thomasaparis.com ASSUMES NO RESPONSIBILTY FOR FORGOTTEN, LOST OR STOLEN ETICKETS. In addition, after purchasing a ticket, Client will receive an email confirming Client's reservation number and Client's ticket purchase information. If Client does not receive this email, or if Client does not see the eTicket in the My Events section of the Site, or for any reason Client believes the transaction has failed, it is Client's sole responsibility to contact thomasaparis.com through the Contact Us section of the Site in a timely manner. Client must contact thomasaparis.com at least 24 hours prior to the starting time of the Event (the "eTicket Contact Deadline") in order to ensure a timely response.
NO REFUNDS WILL BE ISSUED TO CLIENTS WHO FAIL TO CONTACT thomasaparis.com BY THE ETICKET CONTACT DEADLINE AND ARE DENIED ENTRY INTO AN EVENT.
All Events listed on thomasaparis.com have a purchase limit, which is decided by Organizer. This limit is intended to discourage unfair ticket purchase practices.
Multiple Identical eTickets
thomasaparis.com generates a unique reservation number that is printed on the eTicket. This reservation number is matched to a unique transaction number on the server. As such, every eTicket for a particular Event is unique, and there should only be one instance of the eTicket submitted to Organizer during Event attendance. Organizer has been provided with tools and reports that verify the authenticity of every eTicket presented. If a duplicate eTicket is presented to Organizer, only the first instance of the eTicket will be honored. Organizer has the right to not allow entry to duplicate eTickets. Full legal investigation is allowed for finding the cause of the eTicket duplication. In such cases, thomasaparis.com and/or Organizer may use to Client's name, address and any information Client provided during the ticket purchase) for further investigation purposes. All illegal activities may and will be prosecuted to the fullest extent of the law.
The Site allows Client to print Client's eTickets without any limits. This service is provided for Client's convenience, such as in cases where Client's printed eTicket is damaged. It is Client's sole responsibility not to abuse this feature.
Transfer of eTickets
If Client is purchasing tickets for a group of people, Client may sell the eTickets that Client prints, at the face value only. It is Client's responsibility to make sure everyone in Client's group receives a unique eTicket. As stated above, only one instance of an eTicket will be permitted entry during an Event.
Event Agendas
The Event information listed on thomasaparis.com is provided by Organizer. While thomasaparis.com may verify this information, it assumes no responsibility for the accuracy or correctness of any Event information provided on the Site. Organizer is solely responsible for the accuracy and correctness of all information about an Event on the Site.
No refunds will be provided by thomasaparis.com if any information listed regarding an event is inaccurate or untrue.
Event Restrictions
Some Events may have restrictions set by Organizer. For instance, an Event may not allow people under 21 years of age, or an Event may be a non-smoking Event. These restrictions are displayed in the Event details section of the Site. It is Client's sole responsibility to read and understand these restrictions before making a purchase for the Event.
NO REFUND WILL BE PROVIDED FOR THE FAILURE OR INABILITY OF CLIENT TO ABIDE BY THE TERMS SET BY ORGANIZER FOR AN EVENT.
Billing
thomasaparis.com verifies all credit card information provided during the ticket purchase through a credit card merchant account. If any of Client's billing information is incorrect, there may be an attempt made to contact Client and correct the information. If this communication fails, thomasaparis.com may release Client's ticket by canceling Client's purchase and reservation, and Client's seat will be made available for purchase again. thomasaparis.com ASSUMES NO RESPONSIBILITY IN SUCH AN INSTANCE.
thomasaparis.com only processes orders with valid domestic U.S. billing addresses.
Ticket Delivery
thomasaparis.com provides a complete eTicket solution. All ticket reservations are available for printing in the My Events section of the Site. No tickets are mailed out for any reason.
If a Client does not have access to a printer, or has difficulty printing the eTicket(s), Client is responsible for noting the reservation number and taking it to the Event where the ticket reservation information may be verified by Organizer. In such cases, Client may be asked further proof of purchase for verification purposes of the eTicket. It is Client's sole responsibility to have the purchase information ready and be able to provide it to Organizer. Without in any way limiting the following, purchase information may include: approximate time of ticket purchase, number of seats purchased, Client's personal information on a legal identification card, credit card information or any other information reasonably requested by Organizer. If Client is not able to provide proper and complete information and therefore not allowed entry to the Event, no refunds or exchanges will be provided by thomasaparis.com.
Client acknowledges that any information entered on all purchase order forms (other than credit card information) may be released to Organizer to facilitate order pickup at the venue and reservation verification.
ORGANIZER HAS THE SOLE DISCRETION WHETHER TO PERMIT ENTRANCE TO ANY EVENT. IN NO EVENT WILL thomasaparis.com BE LIABLE FOR THE ACTIONS OF ORGANIZER.
Seat Holds and Multiple Browser Windows
When selecting seats before making a purchase, Client's hold on the seat will have a timeout value. Once the timeout expires, all of Client's holds on seats will automatically be released. If Client closes his/her/its browser window while Client has a hold on a seat, all seat holds will automatically be released.
thomasaparis.com is designed to operate in one browser window instance mode. If User opens multiple browser windows and attempt to load the Site, only one instance will be visible, and it may not function properly. To insure correct seat hold and reservation information, User is responsible for making sure that the Site is loaded in only one browser window.
Who May Use Our Services
By registering as an Organizer on our site, Organizer acknowledges that 1) Organizer is over 18 years of age, 2) Organizer is the Event promoter, venue manager or Event organizer, 3) Organizer has the legal right and power to conduct the Event as Organizer has described it in the Event submission, 4) Organizer has the authority to sell tickets for Organizer's Event at Organizer's selected venue/location, 5) the Event that Organizer is organizing is not pornographic, defamatory, offensive, harassing, malicious or otherwise objectionable and does not infringe or violate the rights of any person or entity, including, but not limited to IP Rights (as defined below) and rights of privacy and/or publicity, whether by statute or common law; 6) Organizer will not use the Services for any kind of unintended use; 7) Organizer will only use the Services to promote Organizer's listed Event and to sell tickets to Organizer's listed Event.
Reservation Types
thomasaparis.com provides two methods of ticket generation: 1) regular ticket sales, where Clients purchase tickets, or 2) reservations made by the Organizer, where Organizer reserves a seat for the Event without paying for the seat through the Site. Each method has a Fee associated with it, as stated in the Organizer (https://www.thomasaparis.com/Organizer.html) section of the Site.
Ticket Inventory
It is Organizer's sole responsibility to maintain accurate ticket inventory. While thomasaparis.com provides the tools to Organizer to make this inventory tracking simple and convenient, however, Organizer needs to ensure that the online inventory is accurate. If more tickets are sold through thomasaparis.com than Organizer had planned for, Organizer is solely responsible for honoring the sold tickets through the Site. If we discover that such practices are continued by Organizer, thomasaparis.com reserves the right to cancel all current and future planned Events.
thomasaparis.com will not issue any kind of refunds due to ticket inventory mismanagement by the Organizer.
Financial Charge
thomasaparis.com charges a Fee per each transaction that is made for Organizer's Event. The rates that are charged are posted in the Organizer (http://www.thomasaparis.com/Organizer.html) section of the Site and are incorporated by reference herein, and which may change without notice. All revenues collected through sales of tickets for Organizer's Event may be held by thomasaparis.com until 24 hours after the date of the Event (the "Waiting Period"). thomasaparis.com may issue checks prior to the end of the Waiting Period in its sole discretion. After the Waiting Period, thomasaparis.com will subtract any outstanding Fees and mail Organizer a check for Organizer's generated revenues, to an address provided by Organizer. Depending on the types and amount of ticket sales, Organizer may owe a Fee balance to thomasaparis.com. In this case, Organizer will be billed for the outstanding balance. If there is enough revenue generated by the ticket sales of Organizer's Event, the outstanding balance will be automatically be deducted from Organizer's gross sales. If payment is not received within 90 days, the amount due will be turned over to a collection agency, and all Events listed by Organizer will be canceled.
Event Cancellations
If an Event is canceled or postponed, Organizer is responsible for contacting thomasaparis.com, within 24 hours of the originally scheduled Event date. If notified within this timeframe, thomasaparis.com will issue refunds (minus the Service Fees) for all the tickets purchased for the Event. There will be no payments made to Organizer in case of an Event cancellation. If full refunds are issued to clients, the Organizer is fully responsible for the refund overhead of 3.5% (in additional to the original service fees of the ticket sales).
Credit Card Chargebacks
Any credit card charge backs initiated by a Client for any reason will be applied back to the Organizer, if itsmysaet.com does not win the chargeback dispute case (the Client does not agree to cancel the chargeback, and the credit card company makes a ruling in favor of the Client). The charge back amount, along withe a $35 per chargeback case processing fee, and any outstanding balance will either 1) be deducted from the gross ticket sales balance or 2) will be billed to Organizer, at the sole and absolute discretion of thomasaparis.com. If itsmsyeat.com wins a Chargeback dispute, there will be no fees.
Data Security
thomasaparis.com does not store any permanent credit card information on the Site. All credit card information is stored with the credit card merchant that processes our transactions.
Federal and State Taxes
thomasaparis.com does not take any responsibility for any tax owed by Organizer, local, state or Federal, due to the revenue generated by the ticket sales. thomasaparis.com may provide Organizer by a report for each of Organizer's Events with complete income/expense breakdown. It is the Organizer's responsibility to file and pay the proper taxes due.
Customer Support
thomasaparis.com provides a Contact Us section on the Site. Please use this section for contacting us regarding any questions or concerns.
To resolve any Event related incidents, Client is responsible for contacting Organizer. thomasaparis.com does not take any kind of responsibility for any circumstances (i.e. fights, harassment, cheating, fraud) that may take place in an Event.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, AND thomasaparis.com DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT.
Limitation of Liability
thomasaparis.com's liability to User for any recoverable losses or damages arising under the Agreements will be limited to the amount of User's actual direct damages, not to exceed (in the total for all claims) the total amounts paid under the Agreements.
IN NO EVENT WILL thomasaparis.com OR ANY PERSON OR ENTITY INVOLVED IN THE CREATION, MANUFACTURE OR DISTRIBUTION OF ANY SOFTWARE, SERVICES OR OTHER MATERIALS PROVIDED UNDER THIS AGREEMENT BE LIABLE FOR: (i) ANY DAMAGES CAUSED BY USER'S FAILURE OR THAT OF ITS CLIENTS, EVENT ATTENDEES, EMPLOYEES, AGENTS, ASSOCIATES OR SUPPLIERS TO PERFORM THEIR RESPONSIBILITIES; (ii) ANY CLAIMS OR DEMANDS OF THIRD PARTIES OR (iii) ANY LOST PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF DATA, LOST SAVINGS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, EVEN IF thomasaparis.com HAS BEEN ADVISED OR OTHERWISE HAS NOTICE OF THE POSSIBILITY OF SUCH DAMAGES.
thomasaparis.com WILL NOT BE HELD RESPONSIBLE, OR CONSIDERED TO HAVE FAILED TO MEET ITS OBLIGATIONS UNDER THE AGREEMENTS, IF IT EITHER DELAYS PERFORMANCE OR FAILS TO PERFORM AS A RESULT OF ANY CAUSE BEYOND ITS COMMERCIALLY REASONABLE CONTROL.
These limitations of liability will survive and apply despite the failure of any limited or exclusive remedy for breach of warranty set forth in the Agreements.
Termination
thomasaparis.com, at its sole discretion, may decide to terminate User's account for various activities that it may deem inappropriate or illegal. User's use of the Services is subject to all applicable local, state, national and international laws and regulations.
In using our service, User agrees not to:

  1. use the Services for illegal purposes,
  2. interfere or disrupt with the network bandwidth of thomasaparis.com,
  3. use the Services in spamming or similar activities,
  4. collect information about other Users without their consent,
  5. transmit through thomasaparis.com unlawful, illegal or sexually explicit material,
  6. invade other Users' privacy,
  7. interfere with other Users' enjoyment of the Services,
  8. attempt to break or alter the system or gain unauthorized access,
  9. engage in any other conduct which, in thomasaparis.com's sole discretion, is considered inappropriate, unauthorized or objectionable, or
  10. redistribute or resell any of the Services.

If any of the above conditions are detected by thomasaparis.com, we may terminate User's account without any notice.
Indemnity
By agreeing to the Agreements and by using the Services, User agrees to indemnify and hold thomasaparis.com, its affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including attorney's fees, made by any third party due to or arising out of USER'S use of the Services.
Waiver
No waiver of any term, provision or condition of the Agreements will be granted, without the prior written consent of both parties (thomasaparis.com and User).
Availability of Service
Organizer understands that our Services may be unavailable due to reasons beyond our control. Examples of such reasons are internet service provider unavailability, power outages, natural disasters, hardware malfunction, software attacks, and any other cause that is not reasonably preventable by us. In no event will thomasaparis.com provide any refund or similar credit to Organizer in such a case.
Force Majeure
If the execution of any part of the Agreements by either party is averted, delayed or otherwise made impracticable by reason of any flood, earthquake, riot, fire, judicial or governmental action, labor disputes, acts of terrorism, war, act of God or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
Arbitration
Any argument or claim arising out of or relating to this Agreement or a discontinuity thereof, with the exception of any injunctive or equitable relief sought by thomasaparis.com for any violation of the Agreements, shall be submitted to binding arbitration in Los Angeles, California in accordance with the rules and procedures of the American Arbitration Association with the exception of any conflicts-of-law provisions.
Laws and Disputes
The Agreements will be governed by the laws of the state of California without regard to any conflict of law principles. User and thomasaparis.com agree to the exclusive jurisdiction and venue of the state and federal courts of Los Angeles, California for all matters arising with respect to the Services.
The parties hereby waive the right to trial by jury.
Notice
Any notice pursuant to the Agreements must be in writing and will be deemed to have been appropriately given: (i) five (5) business days after the date of mailing if sent by registered or certified U.S. mail, postage prepaid, with return receipt requested; (ii) when delivered, if delivered personally or sent by express courier service; (iii) when transmitted, if sent by a confirmed facsimile; or (iv) when transmitted via email, provided that the receiving party acknowledges receipt by return email, and that the email clearly states in the subject line that it is intended to give notice under the Agreements.
Services Void Where Prohibited
Use of the Services is void where prohibited. By using the Services, User represents and warrants that he/she/it has the right, authority and capacity to enter into the Agreements and to abide by all the terms and conditions of each of the Agreements.
Intellectual Property
User accepts that thomasaparis.com or its licensors retain all copyright, servicemark, trade secret, patent and other proprietary and intellectual property rights to the Services (the "IP Rights"), and any or all modifications to the Services, related documentation and marketing materials regardless of (1) whether such IP Rights notices appear on the materials or (2) whether such IP Rights notices have been filed with governmental agencies. Nothing in the Agreements will directly or indirectly be construed to assign or grant User any right of ownership, title or interest in the Services or any IP Rights relating thereto.
Servicemarks
The design of thomasaparis.com is a registered servicemark of Sevan Software, Inc., all rights reserved.
General
User may not assign or otherwise transfer any right or obligation set forth in the Agreements without thomasaparis.com's prior written consent, which may be withheld at our sole discretion. The Agreements will be binding upon the parties' respective successors and permitted assigns.
The failure of any party to enforce any provision of the Agreements shall not be construed to be a waiver of such provisions, past, present or future.
The provisions of the Agreements will be deemed reversible, and the unenforceability of any one or more provisions does not affect the enforceability of any other provisions.
The Site is operated by Sevan Software, Inc., dba thomasaparis.com. thomasaparis.com's address is: thomasaparis.com, 1125 E Broadway #320 Glendale, CA 91205 Fax: 310.362.3246
If User has a complaint or inquiry regarding Services provided through the Site, please email us at support@thomasaparis.com.
Agreement Updates
thomasaparis.com reserves the right to update or modify any term in any of the Agreements in its sole discretion, without any notice. USER'S continued use of the site shall be deemed to constitute acceptance of any such updated terms.