Terms & Conditions

(Effective May 27, 2019; last updated January 1, 2020)

PLEASE READ THESE BINDING LEGAL TERMS CAREFULLY BEFORE USING THIS WEBSITE

These Terms and Conditions (“Terms”) govern and apply in full force and effect to your use of the www.skitztharippa.com website, including all pages within this website (collectively referred to as “Site”) and by accessing, using, viewing, transmitting, caching or storing this Site or any of its services, functions, materials, or contents, you expressly agree to each and all terms, conditions, and notices on this Site without modification. Certain terms, including but not limited to the arbitration clause and class action waiver clause, may restrict your rights to bring a claim in a court of law.

We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Site. The “Last Modified” date above will tell you when these Terms were last revised. By continuing to use this Site after that date, you agree to the changes.

The Site is not targeted at children under the age of 13, and they are not permitted to use the Site. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Site, you affirm you are at least 13 years old.

1. Agreement for Use

You warrant that you possess the legal authority to enter into this Agreement and to use this Site in accordance with all Terms herein. You agree to be financially responsible for all of your use of this Site as well as for use of your account by others, including without limitation minors. You agree to supervise all usage by minors of this Site under your name or account. You also warrant that all information supplied by you or members of your household in using this Site is true and accurate. You agree that the tickets and merchandise facilities of this Site shall be used only to make legitimate purchases for you or for another person for whom you are legally authorized to act.

For any purchases or other services for which fees may be charged, you agree to abide by the terms or conditions of purchase imposed, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of products or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Site.

2. Wireless Use

Functionality is not guaranteed with all types of mobile devices in using this Site. You should contact your service provider directly for technical assistance or any questions. Please note that security features vary by carrier/service provider and mobile device. Additional minutes/charges may apply and may be charged by your mobile carrier/service provider.

3. Ticket and Merchandise Purchases

Tickets purchased on this Site are typically subject to a per ticket service fee and a non- refundable per order processing fee. In many cases, delivery prices will also be owed. You may be limited to a specified number of tickets for each event (also known as a “ticket limit”). This ticket limit is posted during the purchase process and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. We reserve the right to cancel any or all orders and tickets without notice to you if you exceed the posted limits. This includes orders associated with the same name, e-mail address, billing address, credit card number or other information.

Ticket and merchandise orders are processed only after a billing address, and other billing information, has been verified. Occasionally, we receive incorrect billing or credit card account information for a ticket order that can delay processing and delivery. In these cases, we will attempt to contact you, using the information provided at the time of purchase. If we are unable to reach you after our initial attempt, we may cancel your order without further notice.

If you do not receive a confirmation number (in the form of a confirmation page or email) after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm whether or not your order has been placed. Only you may be aware of any problems that may occur during the purchase process. We will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation.

Different combinations of delivery methods may be offered. Please carefully review the list of delivery methods offered during the purchase process. Opening acts or guests may sometimes tour with headlining performers. We are not always made aware of opening acts or the length of their performances. Opening acts, as well as festival performers, are subject to change or cancellation at any time without notice. No refund will be owed if an opening act or festival performer is changed or canceled.

a) Ticket Purchases. Before purchasing tickets, carefully review your event. We will not issue exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed tickets.

Occasionally, shows are canceled or postponed. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that show. For exact instructions on any canceled or postponed show, please check the show information online or contact us. If the event was moved or rescheduled, we may be able to substitute tickets in our discretion. Please contact us for more information if you cannot attend the rescheduled event.

If we are able to issue you a refund for a ticket due to a canceled or postponed event, we will issue a refund of the ticket’s face value paid (or, for a discounted ticket, then instead the discounted ticket price paid) and all service fees. In no event will delivery charges or any other amounts be refunded. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. We will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.

If the amount you pay for a ticket is incorrect regardless of whether because of an error in a price posted on this Site or otherwise communicated to you, or you are able to order a ticket before its scheduled on-sale or presale date or you are able to order a ticket that was not supposed to have been released for sale, then we will have the right to cancel that ticket (or the order for that ticket) and refund to you the amount that you paid. This will apply regardless of whether because of human error or a transactional malfunction.

Event providers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with event provider rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.

You agree that the event for which you purchase tickets is a public event, that your appearance and actions inside and outside the venue where the event occurs are public in nature, and that you have no expectation of privacy with regard to your actions or conduct at the event. You grant permission to the event provider(s) to utilize your name, image, likeness, acts, poses, plays, appearance, movements, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, the event (regardless of whether before, during or after play or performance) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to, you or anyone acting on your behalf.

You and your belongings may be searched on entry to the event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), bundles and containers.

Unlawful resale (or attempted resale), counterfeit or copy of tickets is grounds for seizure and cancellation without compensation. Certain maximum resale premiums and restrictions may apply in some states and we cannot be responsible for providing legal advice regarding resale or pricing of tickets. You are responsible for complying with all applicable ticket resale laws. In addition, we reserve the right to restrict or deny ticket purchasing privileges to anyone that we determine to be, or has been, in violation of our policies. Tickets may not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by us.

b) Merchandise Purchase.

(1) Limited Warranty.  We warrant that, at the time of delivery of all apparel and accessory merchandise (“Product”) to a Customer, the Product will not be materially defective or damaged (the “Limited Warranty”). 

(i) Who May Use This Warranty?  Skitz Tha Rippa extends the Limited Warranty only to Customers purchasing Product. All Limited Warranty coverage terminates if the Customer sells or otherwise transfers a Product.

(ii) What Does This Warranty Not Cover?  This Limited Warranty does not cover any damage to or defect in a Product caused by any of the following: (a) Customer or third parties; (b) any improper handling (including during shipping), use or storage of the Product; (c) any failure to follow any Product instructions; (d) any modifications to the Product; (e) any unauthorized repair to the Product; or (f) any external causes such as accidents, fire, flood, “acts of God” or other actions or events beyond our reasonable control; or (g) any costs or expenses related to the loss of use of the Product or any other costs or expenses not covered by this Limited Warranty.  This Limited Warranty does not cover any items supplied by third parties, size exchanges or buyer’s remorse. 

(iii) Website Images. As noted elsewhere in these Terms, we cannot guarantee that the colors and details in our website images are 100% accurate representations of a Product, and sizes might in some cases be approximate.  Accordingly, this Limited Warranty does not cover such matters. 

(iv) What Is The Period Of Coverage?  This Limited Warranty starts on the date of the delivery of the Product to the Customer and lasts for thirty (30) days (the “Warranty Period”).

(v) What Are Your Remedies Under This Warranty?  With respect to any materially defective or damaged Product, we will, in our sole discretion, either: (a) replace such Product (or the defective or damaged part of the Product) free of charge, or (b) refund the purchase price paid to us by the Customer along with the shipping fees corresponding to the defective or damaged Products.

(vi) How Do You Obtain Warranty Service?  Promptly following delivery of a Product, the Customer will inspect the Product.  If a Product is materially defective or damaged upon receipt, or if the Customer received the wrong Product, then in order to be eligible for service under this Limited Warranty, the Customer must submit a claim within the Warranty Period in compliance with our Return Policy. 

(vii) LIMITATION OF LIABILITY.  THE REMEDIES DESCRIBED IN THIS SECTION ARE YOUR SOLE AND EXCLUSIVE REMEDIES (AND OUR ENTIRE LIABILITY) FOR ANY BREACH OF THIS LIMITED WARRANTY. OUR LIABILITY FOR A DEFECTIVE OR DAMAGED PRODUCT SHALL UNDER NO CIRCUMSTANCES EXCEED THE ACTUAL AMOUNT RECEIVED BY US FOR THE PRODUCT, NOR SHALL WE UNDER ANY CIRCUMSTANCES, TO THE FULLEST EXTENT PERMITTED BY LAW, BE LIABLE FOR ANY LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, ENHANCED OR PUNITIVE DAMAGES OR LOSSES ARISING OUT OF OUR PRODUCTS, REGARDLESS OF (I) WHETHER ANY OF THE FOREGOING DAMAGES WERE FORESEEABLE, (II) WHETHER OR NOT THE CUSTOMER WAS ADVISED OF THE POSSIBILITY OF INCURRING ANY OF THE FOREGOING DAMAGES, (III) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED, AND (IV) ANY SPECIFIC CIRCUMSTANCES OF THE CUSTOMER.  SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION. WE LIMIT THE DURATION AND REMEDIES OF ALL IMPLIED WARRANTIES OR CONDITIONS WITH RESPECT TO OUR PRODUCTS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE DURATION OF THE WARRANTY PERIOD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

(2) Risk of Loss. The risk of loss of, damage to and title for Products pass to the Customer upon our delivery to the carrier. It shall be the Customer’s responsibility to file any claim with a carrier for a lost shipment if carrier tracking indicates that the Product was delivered. In such case we will not make any refunds and will not resend the Product. For Customers in the European Economic Area the risk of loss of, damage to and title for Products will pass to the Customer when the Customer has acquired the physical possession of the Products.If carrier tracking indicates that a Product was lost in transit, the Customer may make a written claim for replacement of the lost Product in compliance with our Return Policy. For Products lost in transit, all claims must be submitted no later than 30 days after the estimated delivery date.  All such claims are subject to our investigation and sole discretion.

(3) Description of Products. While many component parts of our Products are standard, all Products available for purchase are described on their specific page on our Site. We always try to represent each design as accurately as possible. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.

(4) Purchase of Products. Your order is purchase of a Product for which you have paid the applicable price that we have accepted and received. We may choose not to accept any orders in our sole discretion. Correct name of the recipient, delivery address and postal code/zip code, and email address are absolutely necessary to ensure successful delivery of Products. All information asked on the checkout page must be filled in precisely and accurately. We will not be responsible for missed delivery because of a wrong or misspelled recipient name or surname or delivery address.

(5) Delivery. We deliver to most places in the world. You shall cover delivery costs. Delivery prices are additional to the Product’s price and may vary depending on delivery location and/or sort of Products, and additional charges may be added to the order for remote or difficult to access locations that require special attention. Flat rate delivery charges are shown on our checkout page; however, we reserve the right to advise you of any additional delivery charges that apply to your specific delivery address. Some Products are packaged and shipped separately. We cannot guarantee delivery dates and to the extent permitted by law accept no responsibility, apart from advising you of any known delay, for Products that are delivered after the estimated delivery date. All delivery estimates given at the time of placing and confirming order can be subject to change. In any case, we will do our best to contact you and advise you of all changes. We try our best to make Product delivery as simple as possible. Ownership of the Products will only pass to the Customer after we receive full payment of all sums due in respect of the Products, including delivery charges and taxes, and deliver the Products to the carrier.

(6) Return Policy.

(i) Wrong Address. If the Customer provides an address that is considered insufficient by the courier, the shipment will be returned. The Customer will be liable for reshipment costs once we have confirmed an updated address with the Customer.

(ii) Unclaimed Shipments. Shipments that go unclaimed are returned and the Customer will be liable for the cost of a reshipment.

(iii) Buyer Remorse. We do not refund orders for buyer’s remorse and we do not offer size exchanges.

(iv) Interpretation. This Policy shall be governed and interpreted in accordance with the English language, regardless of any translations made for any purpose whatsoever.

You agree that you will not attempt to evade, avoid, or circumvent any refund prohibitions in any manner with regard to tickets or merchandise you purchased. Without limiting the generality of the foregoing, you will not contact us to seek a refund or exchange from us when we are prohibited from providing one, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets or merchandise from the Site. Should you do so, your tickets and merchandise order may be canceled, and we may, in our sole discretion, refuse to honor pending and future purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.

4. Ownership of Materials and Intellectual Property Rights

This Site and the materials contained therein reference trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights and intellectual property of Skitz tha Rippa and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Skitz tha Rippa and/or other parties is granted to or conferred upon you. You are granted a limited, non-transferable, revocable license only, subject to the restrictions in these Terms, for purposes of viewing the materials contained on this Site for your personal use only.

All contents of this Site are protected by United States and international copyright laws. No materials on this Site may be reproduced, distributed, posted, displayed, uploaded, or transmitted except as expressly permitted herein. You may not use the materials on this Site for anything other than personal informational purposes. The use of any materials from the Site on any other internet, intranet, web or other site or computer environment is prohibited. You may not utilize framing techniques to frame any Skitz Tha Rippa trademarks, logos, or other proprietary information (including images and text). You may not use any meta tags or any other “hidden text” utilizing Skitz Tha Rippa’s name, trademarks or other proprietary information. Trademarks owned by Skitz Tha Rippa may not be used or displayed publicly without the prior written permission of the owner of the marks. Any rights not expressly granted herein are reserved.

5. Prohibited Conduct

You may not interfere with the content or functioning of this Site. You are expressly restricted and prohibited from all of the following:

We may restrict access by you to any areas of this Site, at any time, in our sole and absolute discretion.

6. Copyright Policy

If you are a copyright owner and you believe your work has been copied in a way that constitutes copyright infringement, please contact us and provide the following information:

Notifications of claimed infringement should be sent to Copyright Officer at skitztharippa2019@gmail.com.

7. Disclaimer and No Warranties

This Site is provided “as is,” and we make no express or implied representations or warranties of any kind related to this Site or the materials contained on this Site. While we try to maintain current information, we do not guarantee the currency, accuracy or completeness of the information. We deny responsibility or liability for damages which may result from your access to or use of information on this Site.

While some links on this Site may lead you to other sites, we do not endorse those sites or approve their content. We do not have control over those sites, are not responsible for their content, and do not verify or warrant the information on them. We provide such links solely as a convenience to you and for informational purposes only. If you go to such third-party sites, you assume any risk of doing so and you will be subject to the terms, conditions of use and privacy policies of the third-party sites. Other websites may include links to this Site. The inclusion of such links does not indicate the other website’s endorsement, support or approval of the content, advertising, products, services, policies or other materials on or available from this Site.

8. Limitation of Liability

In no event shall we, nor any of our officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of this Site, whether such liability is under contract, tort or otherwise, and we, including our officers, directors and employees, shall not be liable for any indirect, consequential or special damages, including but not limited to loss of profits or data, arising out of or in any way related to your use of this Site.

9. Indemnification

You agree to indemnify us to the fullest extent from and against any and all liabilities, costs, demands, causes of action, damages and expenses (including reasonable attorneys’ fees and costs) arising out of or in any way related to your use of this Site or your breach of any of the provisions of these Terms.

10. Arbitration and Class Action Waiver

Except with respect to any claim or dispute involving the ownership, validity or use of any of our trademarks or service marks, any dispute arising out of or related to these Terms or to the products and services sold or distributed through this Site, will be submitted for arbitration to the American Arbitration Association (AAA). We shall have the right in a proper case to obtain temporary restraining orders, temporary or preliminary injunctive relief and/or declaratory relief (other than declarations with respect to the amount of money damages) from a court of competent jurisdiction.

The arbitration proceedings shall be heard by one independent arbitrator who shall be an attorney or retired judge. The arbitration shall be held in Philadelphia, Pennsylvania and in accordance with the then-existing Commercial Arbitration Rules of the AAA. All matters within the scope of the Federal Arbitration Act (9 U.S.C. 1, et seq.) will be governed by it and not by any state arbitration law. You and we waive any rights to maintain other available resolution processes for such disputes, such as a court action or administrative proceeding, to settle disputes. You and we waive any right to a jury trial for such disputes.

In reaching a decision, the arbitrator shall follow these Terms, shall be bound to apply the applicable law and shall not rule inconsistently with the applicable law. The arbitration shall be conducted on an individual basis, and not as a consolidated, common, representative, group or class. The arbitrator shall include in the arbitration award any relief the arbitrator deems proper in terms of money damages (with interest on unpaid amounts from the date due at the maximum rate allowed by law), and attorneys’ fees and costs. The award of the arbitrator shall be conclusive and binding upon all parties hereto and judgment upon the award may be entered in any court of competent jurisdiction.

Other than as may be required by law, the entire arbitration proceedings (including, but not limited to, any rulings, decisions or orders of the arbitrator), shall remain confidential and not be disclosed to anyone other than the parties to this Agreement.

Any and all claims and actions arising out of or relating to these Terms shall be commenced within one (1) year from the occurrence of the facts giving rise to such claim or action, or such claim or action shall be barred.

You agree that you will not file a class action against us, or participate in a class action against us. You agree that you will not file or seek a class arbitration, or participate in a class arbitration, against us.

11. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

12. Revision of Terms

We expressly reserve the right to revise these Terms at any time as we see fit and, by using this Site, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Site.

13. Assignment

We are permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without notification or consent required. You, however, are not permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

14. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Site as well as our Privacy Policy, constitute the entire agreement between us and you in relation to your use of this Site, and supersede all prior agreements and understandings with respect to the same.

15. Governing Law and Jurisdiction

These Terms will be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania without regard to its conflicts of law rules. The exclusive jurisdiction for any dispute not covered by the terms of the Arbitration provision set forth in these Terms may be filed only in the state or federal courts located in the Commonwealth of Pennsylvania.