Terms and Conditions

MidwesTIX
857 17th Street
Suite 200
Des Moines, IA 50314
515.244.2771
info@midwestix.com

Please read the following disclosures, notices, disclaimers and terms and conditions prior to utilizing this web site. If you do not accept such disclosures, notices and disclaimers, or if you do not agree to these terms and conditions, do not access this web site. Swaelu LLC, dba MIDWESTIX may revise the following disclosures, notices, disclaimers and terms and conditions without notice by updating this web page. By accessing this web site, each user agrees to accept such disclosures, notices and disclaimers and to be bound by such terms and conditions, and each user agrees to revisit this web page from time to time to determine the then-current provisions hereof.

Intellectual Property Rights Notices

(C) Copyright 2003-2011, Swaelu LLC. All Rights Reserved.

The content and materials, including without limitation all information, software (whether in binary code, object code, source code, byte code or otherwise), scripting, photos, text, video, graphics, music, sounds, images and other materials and services found on this web site is the property of Swaelu LLC, dba MIDWESTIX or third parties who have granted to Swaelu LLC, dba MIDWESTIX the right to utilize such materials and content. Each user of this web site, by accepting access hereto, agrees with the foregoing statement and acknowledges that such user has been advised by Swaelu LLC, dba MIDWESTIX that all materials and content contained in this web site are protected by United States and foreign proprietary rights, including copyright laws and treaties, trademark laws and treaties and other proprietary rights laws.

MIDWESTIX, the design logo (circle and tickets and MIDWESTIX), and all other marks utilized by Swaelu LLC, dba MIDWESTIX on this web site are trademarks of Swaelu LLC, dba MIDWESTIX and may not be used for any purpose without the express, written permission of Swaelu LLC, dba MIDWESTIX. Other references to companies and third party products on this web site may be trademarks belonging to their respective owners.

Restrictions on Use

Materials and content on this web site are intended to be viewed by customers, prospective customers, and employees of Swaelu LLC, dba MIDWESTIX and members of the general public. Use of such materials and content is limited to evaluation of the technologies and products described on this web site for purposes of considering the purchase of products of Swaelu LLC, dba MIDWESTIX or other relationships with Swaelu LLC, dba MIDWESTIX. No license is granted or intended with respect to use of any of the content or materials on this web site by any user or any third party. Any copies made or any materials used on this web site must clearly state that such materials originated with Swaelu LLC, dba MIDWESTIX and must clearly display the copyright notice set forth above.

By accessing the materials and content on this web site, you agree to be bound by the terms and conditions set forth herein and to comply with all applicable laws and regulations, including without limitation United States export and re-export control laws and regulations.

No Warranties; Limitation of Liability

THE MATERIALS AND CONTENT ON THIS WEB SITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. SWAELU LLC, DBA MIDWESTIX SPECIFICALLY DISCLAIMS ANY EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE INFORMATION PROVIDED ON THIS WEB SITE CARRIES NO EXPRESS OR IMPLIED WARRANTIES AS TO ACCURACY, TIMELINESS OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. SWAELU LLC, DBA MIDWESTIX IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THIS WEB SITE OR ANY LOST PROFITS, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF SOFTWARE OR DATA OR OTHER DAMAGES THAT MAY BE CAUSED DIRECTLY OR INDIRECTLY BY ANY USE OF THE MATERIALS AND CONTENT ON THIS WEB SITE, AND SWAELU LLC, DBA MIDWESTIX SHALL HAVE NO LIABILITY FOR ANY DAMAGES ASSOCIATED WITH ANY USER'S RELIANCE ON INFORMATION PROVIDED ON THIS WEB SITE, EVEN IF SWAELU LLC, DBA MIDWESTIX IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SWAELU LLC, DBA MIDWESTIX BE LIABLE TO ANY USER OF THIS WEB SITE OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF THIS WEB SITE OR THE CONTENT OR MATERIALS INCLUDED HEREIN, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE. SWAELU LLC, DBA MIDWESTIX ALSO SHALL HAVE NO LIABILITY FOR ANY MATERIAL CONTAINED IN ANY WEB SITE THAT MAY BE REACHED BY ANY USER FROM ANY LINK CONTAINED IN THIS WEB SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATION ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.

Swaelu LLC, dba MIDWESTIX reserves the right to revise or withdraw any or all of the materials and content on this web site without notice.

Access to Web Site; Jurisdiction and Venue

Swaelu LLC, dba MIDWESTIX reserves the right to refuse or revoke any and all authorization of any user to access this web site. Any user breaching any of these terms and conditions is automatically prohibited from further access to this web site.

This web site is controlled and operated in whole or in part by Swaelu LLC, dba MIDWESTIX from its offices within the United States.

BY ACCESSING THE SITE YOU AGREE THAT THE STATUTES AND LAWS OF THE UNITED STATES AND THE STATE OF IOWA, U.S.A., WITHOUT REGARD TO CONFLICTS OF LAWS PRINCIPLES, WILL APPLY TO ALL MATTERS RELATING TO USE OF THE SITE, AND YOU AGREE THAT ANY LITIGATION SHALL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE STATE OR FEDERAL COURTS IN IOWA, U.S.A.

Users who access this web site from locations outside of the United States do so at their own risk and are responsible for compliance with applicable local laws. Swaelu LLC, dba MIDWESTIX makes no representation that the materials and content in this web site are appropriate or available for use in other locations, and access to it from territories where such content and materials is illegal is prohibited.

Terms Of Sale

By clicking "I Accept" on the Order Form, each recipient of Information accessed on this web site ("Customer") agrees to become bound by the terms of this agreement (the "Agreement").

The materials made available on this website (collectively, the "Information"), which is intended to be accessed by customers of Swaelu LLC, dba MIDWESTIX ("Swaelu LLC, dba MIDWESTIX"), is licensed, not sold, to each Customer for use only for Customer's use Information in connection with the purchase of tickets for the events and the various venues described herein, (the "Purpose") under the terms of this Agreement. Swaelu LLC, dba MIDWESTIX may modify the terms of this Agreement at any time.

  1. SWAELU LLC, DBA MIDWESTIX INFORMATION. Customer is granted a nonexclusive, nontransferable, revocable, limited license to use Information solely for the Purpose. Customer acknowledges that the Information is the property of Swaelu LLC, dba MIDWESTIX and/or third parties who have granted Swaelu LLC, dba MIDWESTIX the right to distribute such Information.
  2. PURCHASE OF TICKETS. Swaelu LLC, dba MIDWESTIX acts as an intermediary for the various venue operators and/or promoters ("Promoters") of the events featured on this website. All sales made through this website are subject to the terms of this Agreement.
  3. TERMS OF SALE. Tickets sold through this website grant to the Customer only a revocable license to the bearer that may be revoked at any time for any reason. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. Customer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a transaction initiated on this website are subject to any and all terms imposed by the applicable Promoter. In order to be admitted to an event, each Customer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, intoxication, etc., as determined by the Promoter.
  4. NO REFUNDS OR EXCHANGES. All sales are final. No refunds or exchanges for tickets purchased through this website will be made. Each Promoter may have additional policies regarding refunds or exchanges, but Swaelu LLC, dba MIDWESTIX is entitled to retain all fees collected through this website for services that it performs in taking orders and delivering tickets, including shipping, handling and service charges.
  5. EVENT CANCELLATION/CHANGES. Notwithstanding the issuance of tickets through this website, the venue and/or promoter may cancel any event. Also, the venue operator and/or event promoter may change the scheduled performers, venue or change the event date and time without notice, and any such change will not be considered a cancellation of the performance and thus NOT available for a refund. Where events are held at outdoor venues, the risk of inclement weather is assumed by the Customer. Events may be held regardless of weather conditions or moved to another location, as determined by the venue operator and/or event promoter. In the event that a promoter offers to refund the base ticket price of the canceled event, the customer must make the request for refund no later than 10 business days of the originally scheduled date. In the event that a performance is rescheduled and the base price refunds are authorized by the promoter, any refund request must be made to Swaelu LLC, dba MIDWESTIX prior to the show and all tickets must be returned to Swaelu LLC, dba MIDWESTIX no later than 10 business days after the rescheduled date/and or refund request whichever is earlier. Swaelu LLC, dba MIDWESTIX is entitled to retain all fees collected through this website for services that it performs in taking orders and delivering tickets, including shipping, handling and service charges, regardless of whether a show is rescheduled or canceled.
  6. TREAT TICKETS LIKE CASH. Lost or stolen tickets will not be replaced.
  7. RECORDING POLICY. No cameras or recording equipment of any kind are allowed at any event for which tickets are sold to Customers through this website. A violation of this policy will be grounds for revocation of all tickets issued to Customer and/or ejection from the applicable venue.
  8. TICKETS NOT RECEIVED IN THE MAIL. If you do not receive your tickets within 48 hours of the event, you must contact the MIDWESTIX office immediately by calling 515.244.2771 or emailing info@midwestix.com. A MidwesTIX agent will determine the nature of the problem, and if your tickets are replaceable. If you do not contact our offices 48 hours before the event or we do not have a record of your contact 48 hours before the event you will not receive any remedy for your situation.

PRIVACY+SECURITY

Swaelu LLC, DBA MIDWESTIX, a Iowa corporation ("MIDWESTIX"), the owner and operator of the Sites located at www.midwestix.com and online stores created for clients of Swaelu LLC, DBA MIDWESTIX (collectively, the "Sites"), have created this Privacy+Security Policy in order to demonstrate our firm commitment to the privacy of your personal information. The following discloses our information gathering and dissemination practices for the Sites. This policy describes:

  1. What personally identifiable information MIDWESTIX collects.
  2. What personally identifiable information third parties receive from or collect through the Sites.
  3. How MIDWESTIX and its business partners use the information.
  4. What choices are available to users regarding collection, use and distribution of the information.
  5. With whom MIDWESTIX may share user information.
  6. What types of security procedures are in place to protect the loss, misuse or alteration of information under MIDWESTIX control.
  7. How users can correct any inaccuracies in the information.

If users have questions or concerns regarding this statement, they should contact MIDWESTIX Customer Assistance by using the contact form found by clicking here, call us at 515.244.2771, or send an email to info@midwestix.com .

Notice of Information Collected and Disclosed

This Policy tells you, among other things, what information we gather from you through our Sites, how we may use or disclose that information, and our efforts to protect it.

In connection with your use of our Sites, we may collect the following information:

Information about your transactions with us and transactions with third parties, such as the bands and venues for which Swaelu LLC, DBA MIDWESTIX provides ticketing and merchandising services.

In order to use some of the Sites, a user may first complete the registration form. During registration a user gives contact information (such as name and email address). We use this information to contact the user about services on the Site for which the user has expressed interest. It is optional for the user to provide demographic information (such as income level and gender), and unique identifiers (such as, username and password), but this is encouraged so we can provide a more personalized experience on the Site. We may use your e-mail address to contact you directly regarding services, products or information that we believe might interest you.

We request information from the user on our order form. A user must provide contact information (such as name, email, and shipping address) and financial information (such as credit card number, expiration date). This information is used for billing purposes and to fill customer's orders. If we have trouble processing an order, the information is used to contact the user. We store all information that we collect through the ordering process excluding the actual credit card number. We do NOT store credit card numbers in our database, nor is the credit card number stored at any point on our server, it is transmitted directly to Authorize.net. Please click here to review their privacy and security policies.

We do not disclose any nonpublic personal information about you to anyone, except as permitted by law, however, we may choose to disclose all of the information we collect, as described above, to Swaelu LLC, DBA MIDWESTIX clients in conjunction with processing transactions on their behalf and providing services to such clients where you are a customer of the client, to companies that perform marketing services on our behalf, or to other similar companies with whom we have joint marketing agreements. MIDWESTIX is the owner of the information collected on the Sites; however, data collected on the marketing and merchandising sites for our clients is jointly owned by MIDWESTIX and the respective client. MIDWESTIX has no control or responsibility for the use of this jointly owned data by our clients and the clients can use this data as they desire without MIDWESTIX knowledge or permission. Please review privacy policies they post on their sites for information about their use of data.

Additionally, MIDWESTIX may share aggregate information about our users with advertisers, business partners, sponsors and other third parties, though such summary information will not identify any specifics related to you. We may use the personal identifying information you provide to administer Sites usage and monitor traffic-levels, and to contact you regarding improvements we can make to our Sites and our services, if necessary. We also may use IP addresses to analyze trends, administer the Sites, track user movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. We partner with certain third parties to provide specific services. For example, internet connectivity, computer crime investigation, incident response, web hosting, etc. These third parties are not allowed to use personally identifiable information except in conjunction with providing these services.

Finally, we may need to disclose personal information when required by law when we believe that such action is necessary to comply with a current judicial proceeding, a court order or legal process.

We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement. MIDWESTIXrestricts access to your nonpublic personal information to those employees who need to know that information to provide information to you. MIDWESTIX maintains physical, electronic, and procedural safeguards to guard your nonpublic personal information.

Surveys & Contests

From time-to-time our Sites may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user; therefore, has a choice whether or not to disclose this information. The requested information typically includes contact information (such as name and shipping address), and demographic information (such as zip code). Contact information will be shared with the contest or survey sponsors and used to notify the winners and award prizes. The terms of a contest may provide, among other things that the identities of the contest winners may be made public. Survey information may also be used for purposes of monitoring or improving the use and satisfaction of the Sites. Though we may use an intermediary to conduct these surveys or contests, they may not use users' personally identifiable information for any secondary purposes.

Cookies

A cookie is a small data file that certain websites write to your hard drive when you visit them. A cookie file can contain information such as a user ID that the sites uses to track the pages you've visited.

When you register at the Sites, MIDWESTIX uses a cookie to store a unique, random user ID. We do not store passwords or any personal information about you. We may use this ID to identify you anonymously in our database and to track information while you are on our Sites. Cookies also enable you to enter the Sites as a registered user without having to log on each time. You can refuse cookies by turning them off in your browser. You do not need to have cookies turned on to use the Sites. However, if you turn off cookies, then you may not be able to utilize certain features of the Sites.

Choice/Opt Out

If you prefer that we not disclose nonpublic personal information about you to nonaffiliated third parties, you may opt out of those disclosures; that is, you may direct us not to make those disclosures (other than disclosures permitted by law). If you receive communications from us that you do not want to receive, you can opt-out from receiving these communications, by specifically telling us to stop sending them to you. Users who no longer wish to receive our newsletter and promotional communications may opt-out of receiving these communications by clicking the unsubscribe link in the email or emailing us at info@midwestix.com .

On rare occasions it is necessary to send out a strictly service related announcement. For instance, if our service is temporarily suspended for maintenance we might send users an email. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

Onward Transfer (Transfers to Third Parties)

It is the responisbility of the customer to notify any third party of their desire not to receive communication from them.

Security

It should be noted that e mails and other information you send to us is not encrypted and cannot be considered a secure means of transmitting sensitive information. MIDWESTIX will never ask you to submit your financial data such as your credit card account numbers, via e-mail. You should be aware of the limitations of security, authentication, encryption, and privacy measures used in connection with the Internet and that any information you transmit through the Sites may be damaged, corrupted, "sniffed" and/or accessed by another person without your permission.

Regardless of the precautions taken by you or by us, "perfect security" does not exist on the Internet. We cannot ensure or warrant the ultimate security of any information you transmit.

Linked Sites

The Sites may contain links to other sites. Please be aware that MIDWESTIX may not be responsible for content or the privacy practices of such other sites. We encourage our users to be aware when they leave our Sites and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by this site.

Children's Privacy

Sites are not directed at children under the age of 13 and do not knowingly collect personal information from children under the age of 13. If MIDWESTIX obtains actual knowledge that it has obtained personal information about a child under the age of 13, that information is immediately and permanently deleted from our records.

Business Transitions

In the event MIDWESTIX goes through a business transition, such as a merger, acquisition, or sale of a portion of its assets, users' personal information will, in most instances, be part of the assets transferred.

Changes to Privacy Policy

We may occasionally change this Privacy Policy. If we do, we will post the changes on the Sites. The changes will take effect as soon as posted.