ATOM TICKETS PURCHASE TERMS

Last Updated: March 31, 2019

These Atom Tickets Purchase Terms (the “Purchase Terms”) are intended to supplement Atom Tickets’ Terms of Use and, with such Terms of Use, constitute a binding, contractual agreement between You, an individual user, and Atom Tickets, LLC (“Atom Tickets,” “We,” “Us,” and “Our”) regarding Your purchase, redemption, and use of Tickets, Concessions, and Merchandise.

The Purchase Terms are hereby incorporated into the Terms of Use, and any terms not defined in these Purchase Terms have their respective meaning as set forth in the Terms of Use. To the extent that there is any conflict between these Purchase Terms and the Terms of Use, the provision(s) in these Purchase Terms will prevail, but solely to the extent such conflict exists. The Purchase Terms apply to each order You make using Atom Tickets Properties for tickets, concessions, and merchandise (each an “Order”).

THESE PURCHASE TERMS GOVERN YOUR PURCHASES OF TICKETS, CONCESSIONS, AND MERCHANDISE FROM OR VIA ATOM TICKETS. EVERY TIME YOU MAKE A PURCHASE THROUGH ATOM TICKETS, YOU ACKNOWLEDGE AND ACCEPT THESE PURCHASE TERMS.

We may in Our sole discretion modify these Purchase Terms on a going-forward basis. We will notify You of any such changes by posting notice of the changes on the App or Website, and/or by providing e-mail notice. We will also update the “Last Updated” date at the top of the Purchase Terms. However, such revisions will not affect previously purchased Tickets, Concessions, or Merchandise. Your continued use of the Atom Tickets Properties and Our Services after We make changes is deemed to be acceptance of those changes, so PLEASE REGULARLY CHECK THE ATOM TICKETS PROPERTIES FOR UPDATES AND TO VIEW THE THEN-CURRENT PURCHASE TERMS.

Each Ticket purchased is a license to attend a particular Event, and is subject to any additional terms applicable to that Ticket that may be set by the venue or organization hosting the Event on the Ticket. The following terms and conditions govern any purchases made on the Atom Tickets Properties or through the Services.

Please be aware that We regularly investigate Orders for potential fraud and abuse and We reserve the right to cancel any Orders that We believe are fraudulent or abusive of these Purchase Terms or Our Terms of Use including, but not limited to, Orders that includes purchases of multiple high-price tickets to single showtimes.

1. Ordering. Each Order is limited to a maximum of ten (10) Tickets per Order, although We reserve the right to raise or lower this limit for any given Event. The number of Tickets You are able to purchase for an Event may be fewer than ten (10) Tickets because every venue has a set maximum capacity, and Atom Tickets can only sell the limited number of Tickets available per Event. Atom Tickets does not control Ticket inventory or availability and is not responsible if You are unable to purchase a Ticket because an Event has sold out or has fewer tickets available than You would like to purchase. You do not have (and should not assume that You have) a valid Ticket unless and until You receive a confirmation e-mail, notification, or SMS from Atom Tickets. Atom Tickets will not be responsible for losses (monetary or otherwise) if You assume that an Order (for Tickets, Concessions, or Merchandise) was or was not placed because You failed to receive confirmation. If You do not receive a confirmation after completing Your Order, or if You experience an error message or service interruption after submitting Your payment information, it is Your responsibility to confirm with Us whether or not Your Order has been placed. Only You may be aware of any problems that may occur during the purchase process.

Please note that Your selected payment methods, promotions, and third-party loyalty benefits may be automatically applied to Your Order in a predetermined sequence. For example, if You use a promotion code, Atom Cash, and a credit card for an Order, You may not be able to select the sequence in which those payment options are applied to Your Order, although promotions are generally applied prior to any other payment option.

2. Cancelling an Order – Refunds and Exchanges (Atom Cash). THIS SECTION GOVERNS YOUR ABILITY TO OBTAIN A REFUND OR EXCHANGE FOR ANY PURCHASE. PLEASE READ THIS SECTION CAREFULLY BEFORE COMPLETING YOUR PURCHASE. Orders for Tickets and Concessions (and associated Merchandise where Merchandise Order cancellation is permitted) may only be cancelled by You prior to the applicable showtime unless prohibited by applicable law. Please check Your Order carefully prior to purchasing as the allowable timing for such cancellation varies by venue (for example, some Orders may be cancelled by You anytime before the showtime while other Orders may only be cancelled more than 30 minutes before the showtime). Upon cancelling an Order, you will have the option (*See “Please Note,” below) to refund your Order excluding fees (convenience fees are non-refundable) unless prohibited by applicable law, or to exchange your Order including fees for an Account credit (“Atom Cash”):

• If You elect to refund Your Order, the value of Your Order less applicable fees, unless prohibited by applicable law, will be returned to Your original method of payment (this may take 3-5 business days, and up to 7-10 business days for PayPal).
• If You elect to exchange Your Order so that You may use Your payment towards a different purchase, the full amount of Your Order payment (including applicable fees) will be applied to Your Account as a stored credit of Atom Cash, subject to the terms and limitations explained herein. This includes any payment, whether via, for example, credit card, gift card, or theater loyalty programs. Once you have exchanged an Order for Atom Cash, that amount is not eligible for refund back to the original payment method or any other payment method except where required by law.

*Please Note: If Your original Order used Atom Cash for some or all of the payment, You will not be able to refund Your Order but will only be able to exchange the entire Order (including any applicable fees) for Atom Cash. In addition, select versions of the App may not allow You to choose between a refund or Atom Cash exchange upon cancellation – in those select instances, You will be able to obtain a full refund, including applicable fees, to Your original payment method. Purchases made prior to April 15 August 26, 2019 (5 pm PT) will be able to, upon valid cancellation, choose a full refund including any applicable fees or an exchange for Atom Cash including any applicable fees.

If You elect to change the showtime of an Event, please note that this is effectively a cancellation of that Order for an exchange of the purchase amount to Atom Cash, and then use of that Atom Cash for a subsequent Order. We reserve the right to alter this process.

Whether You elect to refund or exchange a valid cancelled Order, that refund or exchange will not include any promotions, whether the promotion was applied automatically or via a promotion code. The value of any promotion used in an Order subsequently cancelled will be forfeited and neither refunded nor credited to Your Atom Cash.

Cancellation, whether for a refund or an Atom Cash exchange, must generally apply to the entire Order, although partial refunds or exchanges may be permitted in select situations for select Orders. In addition, in some instances where an Order is for a Service powered by Atom Tickets, the terms of service of Our partner may not allow for cancellations, refunds or exchanges in accord with these Purchase Terms, so please read those Service terms, any applicable Supplemental Terms, and the applicable partner terms carefully before purchase.

You must have an Account and be a Registered User to elect to exchange Your cancelled Order for Atom Cash. Atom Cash is a dollar value credit balance stored in Your Account following an exchange. Atom Cash is only redeemable up to the available balance of Atom Cash in Your Account. Atom Cash is not for resale and cannot be transferred for value. Atom Cash does not expire, and there are no maintenance fees, dormancy fees or service fees for having Atom Cash in Your Account. Atom Cash has no cash value and is not redeemable for cash unless required by law. In the event that You cancel or close Your Account, Atom Cash will be forfeited except where otherwise required by law. In the event that We cancel or close Your Account pursuant to Our rights under the Terms of Use and these Purchase Terms, We will attempt to contact You to arrange for a refund of any outstanding Atom Cash associated with Your Account; however, We reserve the right to forfeit such Atom Cash, except where otherwise required by law, if the basis for canceling or closing Your Account was fraud-related. At this time, You cannot “reload” Atom Cash or otherwise add value to it except via an Order cancellation, although We reserve the right to change this policy at any time.

Atom Cash is currency specific. Thus, if You exchange a purchase made in Canadian dollars, that exchange will be for Atom Cash valued in Canadian dollars, and that Atom Cash may only be used to purchase additional Services valued in Canadian dollars. Atom Cash in US dollars will be stored and listed separately in Your Account from Atom Cash in Canadian dollars, if applicable. No more than $500 total of Atom Cash value, regardless of currency type, may be stored in Your Account at one time and We reserve the right to change the limit at any time at our sole discretion.

Any outstanding balance of Atom Cash in Your Account will be automatically applied to Your next Order; however You will have the ability to choose not to apply Atom Cash to that Order and instead apply an alternative method of payment. We reserve the right to change this functionality.

Please read the Atom Cash FAQ to stay up to date on Atom Cash features and to find answers for any additional questions You may have regarding Atom Cash.

3. Pricing. Ticket prices may fluctuate based on a number of factors, including discounts applied based upon the size of Your purchasing group. In view of the foregoing, the final price You pay for a ticket may be less than the price You are presented at the time of Your purchase.

4. Pricing Errors. Unless otherwise prohibited by law, if: (i) the amount You pay for a Ticket, Concessions, or Merchandise is incorrect because of an error in a price posted on the Services or otherwise communicated to You; (ii) You are able to purchase a Ticket before its scheduled public offering; (iii) You are able to purchase a Ticket that was not supposed to have been released for sale; or (iv) the amount You pay for a Ticket, Concessions, or Merchandise is incorrect for any other reason, Atom Tickets will have the right to cancel that Ticket, the Concessions, or the Merchandise (or the Order therefor) and, if Your credit card has been charged, refund You the amount that You paid. These remedies will apply regardless of whether the error is attributable to human error or a transactional malfunction of the Services.

5. Ordering. All Tickets and Concessions are non-refundable except as otherwise explicitly stated in these Purchase Terms and not redeemable for cash, unless required by law. Tickets for admission to (and related Concessions for) a specific Event at a named venue have no value once the Event date and time has passed. You may not transfer, reproduce, resell, modify, gift, or trade Tickets or Concessions. Tickets are generally delivered through the App but may also be delivered via e-mail or SMS. Tickets may only be redeemed one time. If You forward a Ticket and it is redeemed by another person, Your Ticket will no longer be valid. If a venue does not honor the Ticket or Concessions, please contact Us promptly at [email protected].

6. Limited License and Ejection. Venues and Event promoters reserve the right, without refund of any amount paid, to refuse admission to or eject any person whose conduct is deemed disorderly, who uses vulgar or abusive language, or who fails to comply with venue or Event promoter rules (including any applicable rules on searching Your belongings, prohibited items, and prohibitions on recordings). We do not set any venue or Event rules, but You understand that You must comply with such rules to use any Tickets. Breach of these rules may terminate Your license to attend the Event, and You will not be eligible to receive a refund. A Ticket is a revocable license and admission may be refused upon refunding the Ticket's face amount.

7. Cancelled Events. In the event an Event is canceled or postponed by the venue or organizer, We will automatically provide You with a refund, credit, or exchange (in Our discretion). There may be a delay in our automatic provision of such refund, credit or exchange. Atom Tickets will not be liable for any losses (monetary or otherwise) that You or anyone else incurs in connection with a canceled or postponed event. Please contact Us about any such issues at [email protected]. If an event is rescheduled, We reserve the right in Our discretion to automatically rebook Your Order for a comparable booking at the rescheduled event or to automatically refund You pursuant to these Purchase Terms.

8. Disclaimer. Atom Tickets sells Tickets and Concessions for Events, but is not responsible for the conditions at the venues where the Events take place, any aspect of the Concessions or for the actions of the Event promoters, the owners of the venue, or any participants or spectators at the Events. The venue, and not Atom Tickets, is solely responsible for (i) providing the Event or activity and all related goods and services; and (ii) any and all injuries, illnesses, damages, claims, liabilities, and costs You may suffer, directly or indirectly, as a result of You attending the Event. If You are injured at an Event, immediately ask an usher or other Event staff for directions to a medical station. By purchasing a Ticket through Atom Tickets, You agree to these Purchase Terms on behalf of Yourself and any accompanying minor and You agree that You assume all risks incidental to the Event for which a Ticket is issued, whether before, during, or after the Event. To the fullest extent permissible under applicable law, Atom Tickets disclaims all liability for conditions at the venues where the Events take place, and for the actions of the Event promoters, the owners of the venue, or any participants or spectators at the Events, and You expressly waive any and all claims You might have against Atom Tickets that arise from such conditions or actions.

9. Merchandise. From time-to-time We may offer the purchase of Merchandise with or related to the purchase of Tickets. Any Merchandise purchased is subject to additional terms applicable to that Merchandise offer, which may be set by Us or the organization offering the Merchandise. All Merchandise is non-refundable, except as may otherwise be allowed in the additional terms applicable to that Merchandise offer, and is not redeemable for cash, unless required by law. You may not resell Merchandise. Merchandise will generally be delivered in the manner and timeframe outlined in the additional terms applicable to that Merchandise offer.

10. Contacting Atom Tickets. You can contact Us at any time via e-mail at [email protected], telephone at 844-838-6284, mail at Atom Tickets, LLC, 2700 Colorado Avenue, Santa Monica, CA 90404, or our contact form at https://www.atomtickets.com/help/faq.