These Terms and Conditions form part of the contract between ATX Television Festival, 11912 Cimaizon Dr., 78725 Austin, US (hereinafter "Organizer") and the purchaser (hereinafter "End Customer") of access rights, participation rights, admission rights, visitation rights or reservations and coupons for the foregoing or similar or related rights (hereinafter "Tickets") or other products or services (such as merchandise) (together “Offers”), which the Organizer may provide using technology platforms, software and services operated by vivenu. “End Customer,” as that term is used herein, includes also individuals and legal entities who have not purchased Tickets or other Offers directly from the Organizer, but are entitled to participate in an event (such as through resale of Tickets, where permitted).
All communication with the Organizer regarding Tickets and Offers should be addressed to: ATX Television Festival, 11912 Cimaizon Dr., 78725 Austin, US
The Organizer hereby informs the End Customer that vivenu GmbH (hereinafter "vivenu") together with its affiliated companies, is a provider of technology platforms, software and services (hereinafter "vivenu Services"), which are used by the Organizer to sell Tickets and provide Offers for artistic, cultural, athletic or other events, theater plays, concerts, meetings, seminars, leisure and other events, museums, historic sites, cinematic exhibitions, operas, lectures, conferences, continuing educational events, educational courses and other events and performances (whether physical or virtual) (hereinafter, each an "Event") and to sell Tickets, market other offers and process transactions related to Events to End Customers. vivenu is a technology platform provider to the Organizer under license. vivenu is not a ticket broker and is not the organizer of any Event.
There is no contract between vivenu and the End Customer. Upon the successful completion of a purchase transaction between the Organizer and the End Customer using the vivenu Services, a contract will exist between the Organizer and the End Customer only, notwithstanding the fact that Tickets or Offers may contain statements such as "powered by vivenu" or similar designations, and notwithstanding that the Organizer advertises, offers and/or distributes the Tickets or Offers via the domains and sub-domains of vivenu (e.g., vivenu.com). No purchase, services or other agreement is concluded between the End Customer and vivenu.
The End Customer acknowledges that the Organizer may make the sale of Tickets and other Offers subject to the acceptance of further conditions, data protection declarations, instructions for cancellation and other contractual components by the End Customer and other restrictions (such as maximum number of Tickets for an Event). The Organizer or vivenu (on behalf of the Organizer) shall be entitled to refuse or reject the conclusion of purchase transactions with the End Customer for any legal reason.
The End Customer acknowledges that the total purchase price of Tickets and Offers shall be determined or modified solely by the Organizer or third parties who sell to or through the Organizer. The total purchase price may exceed the ticket price indicated on a Ticket or in the Organizer’s ticket storefront. The calculation of the total purchase price shall be based on the indicated ticket price with the addition of any markup, fees, surcharges and taxes. The End Customer shall be notified of the total purchase price to be paid by the End Customer before the completion of the purchase transaction. Payment of the total purchase price can only be made by the payment methods provided by the Organizer or vivenu (on behalf of the Organizer).
The contract between the Organizer and the End Customer for the purchase and sale of Tickets or Offers shall deemed completed only when the Organizer or vivenu (on behalf of the Organizer) has confirmed the transaction with the End Customer (e.g., by providing the transaction confirmation or by the assignment and subsequent transfer of a Ticket with the corresponding ticket ID). The completion of the ordering process, without such confirmation, such does not constitute a binding contract and does not entitle the End Customer to participate in an Event.
If Ticket quotas (both the total quota for the Event and the quotas of individual categories of Tickets) have been exceeded due to technical issues, the Organizer or vivenu (on behalf of the Organizer) shall notify the End Customer. The Organizer or vivenu (on behalf of the Organizer) may revoke the corresponding Tickets with repayment of the corresponding total purchase price.
3. Form of Tickets
Unless otherwise agreed by the End Customer and the Organizer or vivenu (on behalf of the Organizer), the End Customer will receive an automated email message from vivenu (on behalf of the Organizer) to confirm the order and an additional email message with a link to the Tickets purchased for the corresponding Event. The form of the Tickets provided will depend on the method of admission entry utilized by the Organizer for a particular Event and will be communicated to the End Customer (such as by downloading and printing the Ticket, digital wallet or other options). To participate in an Event, the Ticket must be presented in the form provided. Presentation of the email for the order confirmation alone (without providing the Ticket in the correct form) does not entitle the End Customer to participate in an Event.
If the Organizer provides such option, the End Customer has the ability to order Tickets in printed form and shipped to the End Customer for an additional fee (hereinafter "Printed Tickets").
The End Customer is required to verify that the purchased Tickets are correct in terms of quantity, price, date, event, venue and other essential details. Any complaint about incorrect Tickets must be reported to the Organizer or vivenu (on behalf of the Organizer) promptly after the purchase, and in no event later than five business days following the End Customer’s becoming aware of the issue that is the subject of the complaint.
The transfer of ownership of Tickets or related rights to the End Customer shall only occur upon the full payment of the total purchase price and the settlement of all outstanding claims for payment from the End Customer to the Organizer.
The End Customer must provide truthful, complete and correct information as part of the purchase transaction. The Organizer or vivenu (on behalf of the Organizer) shall be authorized to verify the information provided by the End Customer using appropriate legal means (such as credit reports when properly authorized).
4. Rights and Obligations
The Organizer or vivenu (on behalf of the Organizer) shall communicate all relevant requirements regarding an Event, Tickets or other Offer (such as the scope or content, place, time, organizer, price, fees and taxes, requirements and restrictions on participation, access controls, form of Tickets to be presented, accessibility, venue plan, house rules and other codes of conduct for the respective venue and other restrictions or essential information that could reasonably affect the End Customer’s decision to purchase).
The End Customer hereby acknowledges and agrees to such requirements, which are part of the contract between the Organizer and the End Customer.
It is the sole responsibility of the End Customer to verify his or her capability and/or willingness to meet the requirements communicated by the Organizer. The Organizer may refuse or terminate the participation of an End Customer in an Event upon non-compliance with such requirements.
If the Organizer or vivenu (on behalf of the Organizer) reasonably suspects abuse or legal violations (including legal violations of these General Terms and Conditions or other applicable terms of the contract between the Organizer and the End Customer), such as through fraudulent, illegal or breach of disloyal activities or of corresponding circumvention or attempts to circumvent such provisions and conditions, the Organizer or vivenu (on behalf of the Organizer) may revoke the validity of a Ticket without compensation before or during an Event and deny the End Customer the right to participate in an Event or remove the End Customer from the Event.
If Tickets are damaged, lost or stolen, the End Customer must notify the Organizer and vivenu without delay. If the End Customer loses a Ticket, the Organizer or vivenu shall not be obligated to provide a replacement.
Unless otherwise agreed, the validity of a Ticket shall be restricted to the respective Event (in particular, in terms of time and place) and, if necessary, the respective seat or seat unit or the corresponding ticket category. The Ticket shall become invalid once the Event has ended.
The End Customer acknowledges that vivenu has no obligation to instruct, verify or supervise the Organizer regarding its obligations to End Customers for Tickets, Events and other Offers made by the Organizer, which are offered and processed via vivenu Services. The Organizer is solely responsible for the communication, publications and information, and vivenu does not bear responsibility in that regard. vivenu has no obligation to instruct, audit or supervise the Organizer in relation to its obligations towards End Customers. Further, vivenu has no obligation to check the timeliness, correctness or completeness of the Organizer’s published communication and information. This applies even if employees of vivenu act on behalf of the Organizer or if the Organizer uses contractual documents and templates provided by vivenu.
Furthermore, the End Customer acknowledges that vivenu does not guarantee uninterrupted accessibility and usability of the vivenu Services. vivenu does not bear any liability for delays or errors in the transmission, storage failures and associated limitations of the vivenu Services. During maintenance work there may be temporary disruptions of the web site and/or individual vivenu Services.
5. Transfer of Tickets
Tickets may be transferred at a price not to exceed the face value indicated on the Ticket. Commercial resale of Tickets (such as in the context of ticket brokerage, a lottery or raffle for advertising purposes) is prohibited without the prior written consent of the Organizer or vivenu (on behalf of the Organizer). To re-assign/personalize Tickets or any related identification information, please contact the Organizer. A processing fee may apply to this service.
6. Revocation, Cancellation, Refund, Return and Exchange of Tickets
In Case of no significant Changes, Postponement or Cancellation of the Event
There are no rights of revocation, return, cancellation or exchange of Tickets for Events, except were otherwise provided by applicable law, or permitted in the sole discretion of the Organizer. Subject to the foregoing, any purchase of Tickets is binding immediately upon completion of the purchase transaction (i.e., confirmation from the Organizer that the purchase has been completed) and cannot be cancelled.
In Case of significant Changes, Postponement or Cancellation of the Event
In the event of significant modification, postponement or cancellation of an Event due to circumstances for which the Organizer is not responsible, the Organizer shall be entitled to declare the Ticket to be valid for another Event. In this case, the return of the Ticket, a refund of the total costs or a reversal of the ticket purchase is not permitted, unless participation in the other Event is demonstrably unjustifiable to the End Customer, the discretion of the Organizer or its agents.
In all other cases of significant modification, postponement or cancellation of an Event, the End Customer shall be entitled to return the Tickets and shall be entitled to a refund for the price of the Ticket less any processing fees.
vivenu shall process the exchange or refund on behalf of the Organizer. The refund will be made to the End Customer using a payment method selected by vivenu (on behalf of the Organizer).
A modification shall be considered significant if the modified Event is fundamentally different from the Event that the Ticket purchaser reasonably expected.
Except where otherwise provided by nonwaivable provisions of applicable law (e.g. in cases of breach of material contractual obligations, injury to life, body or health), the Organizer shall be liable only for intentional misconduct and gross negligence. Except where otherwise provided by nonwaivable provisions of applicable law, liability fora slightly negligent breach of material contractual obligations shall be limited in amount to the transaction value related to the transaction giving rise to the liability. Subject to the foregoing limitations, the Organizer shall not be liable for damages due to force majeure or violations of obligations by third parties.
To the extent that the Organizer’s liability is excluded or limited herein, the foregoing limitation of liability shall also apply to the personal liability of the Organizer’s legal representatives and agents as well as any representatives acting for the Organizer with regard to the End Customer, including without limitation vivenu and its affiliates, each of which representatives and agents is an intended third party beneficiary of the contract between the Organizer and the End Customer, with the power to enforce the contract as if a party hereto.
The End Customer hereby acknowledges and agrees that: Except as provided to the contrary by nonwaivable provisions of applicable law, vivenu shall have no liability to the End Customer when acting on behalf of the Organizer as an agent or otherwise. vivenu shall not be liable for damages caused by force majeure or breach of duty by third parties.
To the extent that vivenu’s liability is excluded or limited, this disclaimer or limitation of liability shall also apply to the personal liability of vivenu's legal representatives and vicarious agents as well as any representatives acting for vivenu with regard to the End Customer. Not in limitation of the foregoing, vivenu shall not be liable for damages resulting from an Event’s failure, cancellation, modification, relocation or defect or the Organizer’s insolvency or loss or delayed arrival or defects in Printed Tickets as well as limitations in vivenu Services.
8. Miscellaneous Provisions
These General Terms and Conditions shall take precedence over any provisions to the contrary in the contractual relationship between the Organizer and the End Customer.
The laws of the state of the incorporation of the Organizer shall apply, and the United Nations Convention on the International Sale of Goods (hereinafter “CISG”) shall not apply. This shall not affect statutory provisions restricting the choice of law and the applicability of mandatory provisions.
Insofar as the End Customer is not a Consumer, the exclusive place of jurisdiction for all disputes between (i) the End Customer and the Organizer shall be the registered office of the Organizer and (ii) between the End Customer and vivenu shall be Düsseldorf, Germany.
The End Customer shall be deemed to be a “Consumer” insofar as the purpose of the ordered deliveries and services is not attributed to his commercial or self-employed professional activity. Any natural person or legal entity as well as partnership with legal capacity acting in its commercial or self-employed professional activity when concluding the contract shall not be deemed a Consumer. Furthermore, the End Customer shall not be deemed a Consumer when purchasing services in connection with leisure activities if the contract provides for a specific date or period of time for the provision.
The following clauses apply to End Customers with their registered office, place of residence in the European Union:
The End Customer warrants that he has full legal capacity or the necessary powers of representation to conclude this contract.
The European Commission provides an internet platform for online dispute resolution at https://ec.europa.eu/consumers/odr(opens in a new tab). The Organizer and vivenu are not willing or obligated to participate in dispute resolution proceedings before a consumer arbitration board.
The following clauses apply to End Customers with their registered office, place of residence in the United States:
For any proceeding in the United States, the Parties hereby irrevocably waive the right to trial by jury.
BY ACCESSING ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR BY USING THE VIVENU SERVICES, YOU AFFIRM THAT YOU ARE A RESIDENT OR CITIZEN OF THE UNITED STATES, YOU ARE AT LEAST 18 YEARS OF AGE, AND YOU AGREE TO THESE TERMS AND CONDITIONS. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO YOU WILL PERMIT TO ACCESS ANY PORTION OF THE SITE OR THE MOBILE APPLICATION, OR MAKE USE OF THE SERVICE, YOU AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR THE MINOR’S USE OF THE SITE, MOBILE APPLICATION, AND/OR SERVICE, AND FOR THE MINOR’S COMPLIANCE WITH THESE TERMS AND CONDITIONS.
EXCEPT AS PROVIDED TO THE CONTRARY IN THE CONTRACT, VIVENU PROVIDES ITS SERVICES "AS IS" AND "AS AVAILABLE" TO THE ORGANIZER, AND NO CONTRACTUAL RELATIONSHIP EXISTS BETWEEN VIVENU AND THE END CUSTOMER. TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, ORGANIZER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. THE END CUSTOMER ACKNOWLEDGES THAT THE ORGANIZER AND VIVENU DO NOT GUARANTEE THAT THE VIVENU SERVICES WILL ALWAYS BE SAFE, SECURE, OR ERROR-FREE, OR THAT THEY WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. THE ORGANIZER AND VIVENU ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND THE END CUSTOMER HEREBY RELEASES THE ORGANIZER AND ITS AGENTS, INCLUDING WITHOUT LIMITATION VIVENU, FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM THAT THE END CUSTOMER HAS AGAINST ANY SUCH THIRD PARTIES. IF THE END CUSTOMER IS CALIFORNIA DOMICILED.
THE END CUSTOMER WAIVES CALIFORNIA CIVIL CODE §1542, WHICH SAYS: “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.”
If any of the preceding provisions are, or become, ineffective or unenforceable in whole or in part, such condition shall not affect the validity of the remaining provisions. The same shall apply if and to the extent that a gap or ambiguity exists, and an appropriate provision that comes closest to that which the Organizer and the End Customer would have wanted economically shall replace the affected provision, if they had considered that gap or ambiguity.
9. Additional Provisions of the Organizer
The following additional provisions of the Organizer shall apply:
The following ATX TV Terms and Conditions(opens in a new tab) (https://atxfestival.com/terms-and-conditions/(opens in a new tab)) apply to all ATX TV Credentials, including all In Person Festival Badges, Virtual Badges, Virtual Passes, and Special Event Tickets. Please note, additional Terms and Conditions(opens in a new tab) (https://atxfestival.com/terms-and-conditions-pc/(opens in a new tab)) apply to all submissions to The Pitch Competition.
All sales are final. All events are rain or shine, unless otherwise noted. All panelists, programming, times, and locations are subject to change without notice. No refunds are issued due to a performer or attraction being removed from a festival lineup or an event changed from in person to virtual.
ATX TV Credentials do not guarantee admission to any particular event, panel, or screening. The capacity of each individual festival event, screening, and panel may be limited by the venue size, hosting platform, and/or sponsor requirements, and no refunds are issued due to unavailability due to capacity of a specific attraction or technical difficulties. In addition, some events may require RSVP and confirmation and/or require registrant meet certain health and safety guidelines such as proof of full vaccination for COVID-19 or proof of a negative COVID-19 PCR test.
ATX Television Festival Terms and Conditions:
1. The ATX Television Festival, its subsidiaries and affiliates (“ATX”) may, in its sole discretion and at any time, cancel or refuse any individual or entity the following: credentials, applications, purchases, or tickets. ATX will not be responsible for any penalty, fee, loss, or expense that might result from such action.
1. ATX does not issue refunds under any circumstances. Accordingly, any and all payments made to ATX are not refundable for any reason, including, without limitation, failure or inability to use ATX credentials due to illness, positive Covid-19 test, acts of God, public health crisis, government restrictions, travel-related problems, acts of terrorism, technical difficulties, loss of employment and/or duplicate purchases.
2. If the ATX Television Festival is cancelled in its entirety for any reason, you may defer your ATX TV Credentials to the next ATX Television Festival. If the ATX Television Festival is cancelled in its entirety for any reason, you agree that aside from obtaining a deferral credit for your ATX TV Credentials, you will have no remedy against ATX, at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or ATX was advised of the same.
3. If the ATX Television Festival in its entirety is postponed for any reason, your ATX TV Credentials will be valid for the rescheduled dates in the same calendar year. If the ATX Television Festival in its entirety is postponed for any reason, you agree that aside from your ATX TV Credentials being valid for the rescheduled dates, you will have no remedy against ATX at law, in equity or otherwise, including, without limitation, for a refund of payments made, expenses incurred, or any actual, consequential, or punitive loss or damages of any kind, regardless of whether such loss or damage was foreseeable or ATX was advised of the same.
4. Unused ATX TV Credentials, applications, and special event tickets have no monetary value and cannot be credited to future years or events. ATX will not issue refunds or credits due to failure to redeem a discount coupon during the registration process. Discounted prices are based on the date payment is received in the ATX office.
5. Lost or stolen badges, passes, or tickets will not be replaced. New ATX TV credentials will need to be purchased for continued access to all festival events, including screenings, panels, events and all festival content.
6. ATX reserves the right to revoke an ATX TV Credential for any reason (for example, if anyone other than the authorized individual tries to use a badge, pass, or ticket, or if you violate the ATX TV Code of Conduct(opens in a new tab)). ATX will not issue refunds, deferrals, or credits for ATX TV Credentials that have been revoked.
2. There is a $25 processing fee to change the name on any ATX TV Credential, and all changes must be submitted by May 5, 2023.
3. ATX TV Credentials are issued by email to registered individuals using a unique login/ID and are non-transferable. Accordingly, you agree not to share, sell, or trade logins with anyone else. If ATX determines that you have violated this policy, ATX may cancel your access, retain any payments made by you, report you to law enforcement authorities, and ban you from future ATX events.
4. ATX TV Credentials may not be used as a prize in any form of contest, game, or sweepstakes without written pre-approval from ATX in each instance.
5. You acknowledge and agree that ATX, or others on behalf of ATX, may record, film, live stream, photograph and/or otherwise capture screenings, panels, and events, which materials may capture your image, voice, statements and/or likeness. By attending or participating in the ATX Television Festival, you give ATX permission to (and to authorize others to) distribute, broadcast, use, or otherwise globally to disseminate, in perpetuity, such materials including your image, likeness, voice and statements for any purpose without compensation or credit to you, in any and all media now or hereafter known.
6. Registrants may not record or broadcast audio or video of any panels, screenings, events, or festival content nor take photographs or screenshots of any festival content. Violation of this policy may result in immediate revocation of your ATX TV Credentials.
7. ATX TV Festival registrants are expected to behave responsibly and to treat each other – and treat the community – with respect, kindness, and compassion. ATX TV reserves the right, without refund, to revoke the credentials of registrants whose conduct is deemed inappropriate, disorderly, disruptive, or offensive by ATX TV or the local authorities.
8. You represent and warrant to ATX that you have full authority to complete this registration on your behalf and/or any other party you register, including full authority to make use of the credit card or debit card to which registration fees will be charged.
9. You understand that participating in the ATX TV Festival is voluntary and may involve certain risks of physical injury, damage to property, and other damages are losses that you may sustain. You assume all risk of damages, property loss, and personal injury which may occur by participating in the ATX TV Festival.
10. IN NO EVENT SHALL ATX BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INJURY OR DAMAGES TO PROPERTY, DAMAGES FOR LOSS OF BUSINESS PROFITS OR OTHER PECUNIARY LOSS, INCLUDING ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, ARISING OUT OF YOUR USE OF THE REGISTRATION AND / OR PARTICIPATION IN THE ATX TV FESTIVAL, EVEN IF ATX TV HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. You agree to indemnify and hold ATX TV and its officers, directors, employees, volunteers, and representatives harmless from and against any and all claims, demands and all other liabilities, including, but not limited to, costs and attorneys’ fees, made by any third party arising out of or in connection with your use of the registration(s), ATX TV Credentials, or violation of the Terms and Conditions.
12. The Terms and Conditions will be governed by the laws of the State of Texas, without regard to its principles of conflicts of laws. You and ATX TV hereby irrevocably submit to the exclusive jurisdiction of the United States federal and state courts located in Austin, Texas and agrees that any such court will be the proper forum for the determination of any dispute arising hereunder.
14. You unconditionally agree to be bound by any and all terms and conditions contained herein and/or referenced herein and any additions, changes and/or modifications thereof, which may be made from time to time without prior notice to you. Any updates to these Terms & Conditions will be posted to the ATX TV Festival website.
15. If any term or provision of the Terms and Conditions shall be deemed invalid, illegal or unenforceable in any respect, such term or provision shall be enforced to the maximum extent possible so as to effect the intent of the parties hereto, and the other provisions contained herein will remain in full force and effect. ATX TV’s failure to insist upon or enforce any provision of this Agreement shall not be construed as a waiver of any provision or right.
Revision Date: October 27, 2022