Tickeri Terms of Service Agreement
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use of the www.tickeri.com website (the "Site") and the services and software available on or through the Site (taken together with the Site, collectively, the "Service"). The Service is owned and operated by Tickeri, LLC. ("TICKERI"). The Service is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by TICKERI. BY USING OR ACCESSING ANY PART OF THE SERVICE, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN; IF YOU DO NOT AGREE TO ANY OF SUCH TERMS AND CONDITIONS, DO NOT USE OR ACCESS THE SERVICE.
TICKERI reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Service following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Service.
2. DESCRIPTION OF TICKERI.
TICKERI provides a simple and quick means for registered users who are event organizers and planners ("Organizers") to collect event registration fees for their events online through the Internet from registered users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through Braintree or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or the TICKERI payment processing gateway (the "Gateway"). For more information, please contact us. This TOS applies to you and your use of the Service regardless of whether you are an Event Organizer, Buyer or other user of the Service.
Tickeri uses Braintree, a division of PayPal, Inc. (Braintree) for payment processing services. By using the Braintree payment processing services you agree to the Braintree Payment Services Agreement available at https://www.braintreepayments.com/legal/gateway-agreement, and the applicable bank agreement available at https://www.braintreepayments.com/legal/cea-wells .
3. YOUR USE OF THE SERVICE.
3.1 The Service.
You shall use the Service only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). You shall not, nor permit anyone else to, directly or indirectly: (i) modify or otherwise create derivatives of any part of the Service; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Service (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Service for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Service as an Organizer); (iv) remove or alter any proprietary notices or labels on or in the Service; or (v) engage in any activity that interferes with or disrupts the Service.TICKERI may change, suspend or discontinue the Service, including any feature of the Service or any Content (as defined below) made available in connection with the Service.
3.2 Software. If you are allowed to download any software in connection with the Service ("Software"), subject to the terms and conditions of this TOS, TICKERI grants you a personal, nontransferable, nonsublicensable, revocable, terminable, nonexclusive license to use the Software solely for your personal use, and only in accordance with this TOS and the written instructions/directions (if any) provided by TICKERI. For clarity, the Software will be deemed a part of the "Service" hereunder.
4. PAYMENT METHODS.
4.1 Full Service.
(a) Gateway; Payment Process.
When an Organizer elects to use the Gateway for the collection of event registration fees, payment processing occurs directly by TICKERI. Under the Full Service option, (i) TICKERI will collect all event registration fees on behalf of the Organizer from the Buyer and deduct all applicable service charges from the event registration fees passed along to the Organizer, the process of which is more fully described if you contact us; (ii) TICKERI will mail all payments to the Organizer (event registration fees minus applicable service charges) at the address that the Organizer accurately provides on the Site or send all payments via direct deposit; and (iii) TICKERI will submit payment for the balance due to the Organizer within five (5) business days after the event end date for the event to which the registration fees correspond, provided that TICKERI reserves the right to withhold funds at any time as TICKERI determines to be necessary for the processing and settlement of all returns, disputed charges, customer complaints, allegations of fraud and other discrepancies. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by TICKERI. TICKERI reserves the right to append additional processing charges when orders are completed that originate from authorized referral partners. For all sales, fees, charges, and funds paid in foreign currency, TICKERI will collect and disperse the funds in the foreign currency used.
(i) Buyer agrees that all tickets purchased, specific to the transaction entered herein through the online ticket services provided on this Website, constitute a Final Sale. Buyer further agrees that all tickets purchased are non-refundable. By browsing and using the ticket services of this Website and completing a ticket purchase transaction on this Website, Buyer agrees to be legally bound by the Terms and Conditions stated herein. Purchaser’s credit card statement will show the merchant account posted as ticketing agent on this website, ( herein "Ticketing Agent"). In the event of an event cancellation, Ticketing Agent will make refunds to all Buyers. An "event cancellation" is defined as an event in which the headlining artist or performer does not perform in any way, shape, or form.
(ii) Notwithstanding the foregoing, whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge and agree that Ticketing Agent shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if Ticketing Agent receives complaints from a substantial number (as determined by Ticketing Agent in its sole discretion) of Buyers with respect to an Organizer or the applicable event, or Ticketing Agent determines in its sole discretion that Organizer has engaged in any fraudulent activity.
(iii) Ticketing Agent and any and all of its associated website(s) are ticket sellers and resellers and do not guarantee the accuracy, integrity or quality for any of the information and representations for products or services made by the Venue, the Website or Resellers, or Promoters for the event to which tickets were purchased. Ticketing Agent and any and all of its associated website(s) will not be liable for any damages of any kind incurred as a result of the information contained herein. Ticketing Agents and any and all of its associated website(s) disclaims any and all warranties relating to the services including warranties of merchantability and fitness for a particular purpose or use. Furthermore, the Venue offering the event tickets reserves the right to make any changes it deems necessary to maintain customer safety and to make reasonable substitution of event amenities. Purchase of this ticket is non-refundable for any reason including but not limited to any dissatisfaction customer has with the event experience; waiting in line for admission; any change in services including start and end times, event duration, venue's limits on complimentary amenities such as menu selections and/or drink brands; and any changes to seating or table locations. Purchaser further agrees that tickets are non-refundable due to Purchaser's failure to attend event for any reason and/or any problems due to weather which create hardship in attending the event. Purchaser waives any right to dispute the stated credit card charge for any reason other than a cancellation of the event by the Venue.
(c) Credit Card Chargebacks.
Terms of service states that Purchasers waive any right to dispute the stated credit card charge for any reason other than a cancellation of the event by the Venue (Refunds (b)(iii). However, under the Full Service option, in the case of any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. Ticketing Agent shall either (i) deduct these costs from such Organizer’s outstanding balance, whether for that particular event or for any other event that such Organizer lists through the Service; or (ii) send an invoice to such Organizer for such costs if no balance exists. If payment for such invoice is not received by Ticketing Agent within thirty (30) days, Ticketing Agent reserves the right, at Ticketing Agent's sole discretion, to terminate such Organizer’s registration for the Service and to cancel all other events listed by such Organizer as provided herein. In accordance with and without limiting Section 16, all communications and disputes regarding chargebacks are between the Organizer and Buyer and Ticketing Agent will not be responsible or liable in any way for chargebacks issued in the course of the use of the Full Service option.
Upon receipt of a credit card authorization from each individual ticket purchase, TICKERI generates a confirmation message and issues a unique confirmation number. If you are using the Service as an Organizer, you agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by TICKERI through the Service, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event. If you are using the Service as a Buyer, you are responsible for ensuring accuracy of your contact information and order information. Buyers are responsible for (and will indemnify TICKERI against) gaining access to purchased eTickets (via Confirmation emails, the Service, contacting TICKERI customer support, or otherwise).
(e) Taxes; Withholding.
If you are using the Service as an Organizer, you are responsible for (and will indemnify TICKERI against) all taxes associated with your sale of tickets through the Service (excepting taxes based on TICKERI’S income). TICKERI reserves the right to withhold the payment of any amounts owed to you hereunder if TICKERI suspects or determines that such amounts have been generated in (i) a fraudulent manner, (ii) violation of this TOS, or (iii) violation of any applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by TICKERI).
(f) Amounts Owed
In the event any amounts are owed by Organizer or any of its Affiliates to TICKERI under the Terms of Service (including without limitation this TOS) or any or other applicable agreement for Services provided by TICKERI, TICKERI may (i) withhold any amounts due to Organizer or any of Organizer's Affiliates, whether for a particular event or for any other event that Organizer or any of Organizer's Affiliates lists through the Services.
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Service registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TICKERI of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TICKERI cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Service or otherwise made available by TICKERI at the Site (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. TICKERI may own the Site Content or portions of the Site Content may be made available to TICKERI through arrangements with third parties. Except as expressly authorized by TICKERI in writing, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of TICKERI. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as an Organizer, Buyer or otherwise, you hereby grant to TICKERI a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). TICKERI reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Service infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Service should be sent to TICKERI at: By Mail:
Ashburn, VA 20148
By Email: [email protected]
8.1 Certain Restrictions.
Whether you are using the Service as an Organizer, Buyer or otherwise, you understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Service, including to Organizers, Buyers and other users of the Service. You agree not to use the Service to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
8.2 Certain Remedial Rights.
Whether you are using the Service as an Organizer, Buyer or otherwise, you acknowledge that TICKERI does not pre-screen any Content provided or made available by you or any third party in connection with the Service, but that TICKERI and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor alter, edit, or remove any of Your Content, in whole or in part, or (ii) rescind and terminate your right to use the Service for any reason or no reason. You acknowledge and agree that TICKERI may preserve Your Content and may also disclose Your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of Your Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of TICKERI, its users and/or the public. You understand that the technical processing and transmission of the Service, including Your Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Whether you are using the Service as an Organizer, Buyer, or otherwise, you agree to defend, indemnify and hold TICKERI, and its affiliates, and their officers, agents, co-branders or other partners, and employees, harmless from any and all damage, loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit or proceeding made by any third party ("Claim") due to or arising out of: Your Content; your use of, contribution to or connection with the Service; your violation of this TOS; or your violation of any rights of another. TICKERI shall provide notice to you of any such Claim. TICKERI reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting TICKERI’s defense of such matter.
13. SERVICE MODIFICATIONS/SUSPENSIONS.
TICKERI reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. TICKERI will not be responsible to you for a refund, in whole or part, of service charges for any reason, except with respect to refunds to Buyers that are expressly permitted under Section 4.3(b). You agree that TICKERI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
TICKERI, in its sole discretion, may terminate your password, account (or any part thereof) and/or your right to use the Service, and remove and discard any and all of Your Content within the Service, for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due TICKERI, or if TICKERI believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Service may be effected without prior notice, and acknowledge and agree that TICKERI may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Service. Further, you agree that TICKERI shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Service. All provisions of this TOS that by their nature should survive termination of your right to use the Service shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections).
The Service may provide, or third parties may provide, links to other Internet websites or resources. Because TICKERI has no control over such websites and resources, you acknowledge and agree that TICKERI is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that TICKERI shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
16. DISCLAIMER OF WARRANTIES.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TICKERI HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. TICKERI MAKES NO WARRANTY THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICE, OR THE SERVICE ITSELF (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ALL EQUIPMENT ((E.G., BARCODE SCANNERS) PROVIDED TO YOU AS AN ORGANIZER BY TICKERI IS PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTIES OF ANY KIND. TICKERI IS NOT RESPONSIBLE FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER THE EVENT. YOU ACKNOWLEDGE THAT TICKERI HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF USERS’ CONTENT, LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, Organizers and/or third parties in connection with the Site or any other Service to Company. Company, in its sole discretion, may investigate the claim and take necessary action.
17. LIMITATION OF LIABILITY.
TICKERI SHALL NOT BE LIABLE WITH RESPECT TO THE SERVICE, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR ANY: (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TICKERI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN THE AGGREGATE IN EXCESS OF US$100.00, OR (IV) ANY MATTERS BEYOND TICKERI’S REASONABLE CONTROL. TICKERI SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICE. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR AFFILIATES, AND OUR AND THEIR OFFICERS, DIRECTORS, AGENTS, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is TICKERI, LLC., Ashburn, VA 20148, USA
21. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of TICKERI (the "TICKERI Trademarks") used and displayed in connection with the Service are registered and unregistered trademarks or service marks of TICKERI. Other company, product, and service names used in connection with the Service may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with TICKERI Trademarks, the "Trademarks"). The offering of the Service should not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Service without the prior written consent of TICKERI specific for each such use. The Trademarks may not be used to disparage TICKERI, any third party or TICKERI’s or third party’s products or services, or in any manner (in TICKERI’s sole reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless TICKERI approves the establishment of such a link by prior written consent. All goodwill generated from the use of any TICKERI Trademark shall inure to TICKERI’s benefit.
22.1 Entire Agreement.
This TOS constitutes the entire agreement between you and TICKERI and governs your use of the Service, superseding any prior agreements or contemporaneous communications between you and TICKERI. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software.
22.2 Choice of Law.
This TOS and the provision of the Service to you are governed by the laws of the Commonwealth of Virginia, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Virginia by Virginia residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Service, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, subject to the foregoing arbitration provision, you and TICKERI agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or TICKERI may seek any interim or preliminary relief from a court of competent jurisdiction in Ashburn, Virginia necessary to protect the rights or property of you or TICKERI (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
22.4 Invalid Provisions.
The failure of TICKERI to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS remain in full force and effect.
22.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email to [email protected].