Effective & Last Modified Sept. 13th, 2018
Welcome to Ticketor's Terms of Use! Thanks for choosing Ticketor.
These Terms of Use (“Terms” or “Agreement”) list important legal terms that apply to anyone who uses our Services, which includes accessing this website. These Terms are applicable on any website in which they are posted. Since Ticketor offers a large variety of Services, in some instances parts of these Terms may not be relevant to you. However, it is important that you read these Terms thoroughly so that you understand how they apply to you as you use our Services.
THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES, WHICH MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ CAREFULLY.
Ticketor is a hosted ticketing platform and website builder that allows event organizers, venues or whoever is in charge of selling tickets or registrations (“Organizers”) to build and manage an online ticketing website (“Organizer Site”) for the promotion and sale of tickets or merchandise directly to their Consumers. When an Organizer creates an Organizer Site, the Organizer owns and is responsible for all of the content on the Organizer Site. Organizers can create event pages, venue pages, and other webpages related to their events, promote those pages and events to visitors or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events to consumers. Ticketor does not sell tickets, does not have access to the funds from tickets sales and is not involved in organizing of events. Ticketor is the platform through which Organizers can build a website to offer their tickets and products and manage their sales.
Ticketor, at its own option, may also post and link to events created on the Organizer website on Ticketor.com website or other websites owned by Ticketor for the purpose of promoting the event and ease of access for the buyer.
Our Services are offered through our websites, including Ticketor.com, TicketorOnline.com, Ticketor.net (including all sub-domains, country level domains and variants, promotional or demographic domains), our desktop applications, and our mobile applications. Our Services assist Organizers in selling tickets and other products—We DO NOT sell or offer for sale tickets or other goods to end user consumers. We use third parties to assist us in providing some of these Services. You may be subject to additional terms by such third parties depending on the Services you use. In such cases, you understand that you are creating a separate contractual relationship between you and such third party.
These Terms, together with our Privacy Policy, Cookie Policy, and any other policies related to the use of our Services, which can be found on our website, are incorporated into these terms by reference. These Terms create a binding and enforceable legal contract between Narsis Development, Inc. (doing business as Ticketor), and you. If you do not agree to these Terms, you must immediately leave this website and stop using any Services provided by Ticketor. You represent and warrant that you are at least eighteen years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms and to form a binding agreement, for yourself or on behalf of the person or entity committed by you to these Terms. By accessing this website or using Ticketor's Services, you agree to comply with and be bound by these Terms, as applicable to you. While some of the events on our Website or offered through our Services may be of interest to children, they are not targeted at children under the age of 16, and they are not permitted to use the Website or engage our Services. By using this Website or engaging our Services, you represent and warrant that you are at least 16 years of age and are of legal age to form a binding contract with the Ticketor.
Ticketor may revise and update these Terms of Use from time to time in its sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice before the date the change is posted on the Website. Your continued use of our Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access this Website so you are aware of any changes, as they are binding on you.
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Services:
Additionally, you agree not to:
This website and/or our Services may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website or the Services. All User Contributions must comply with the Content Standards set out in these Terms of Use. Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website or through our Services, you grant us and our licensees, successors, and assigns a non-revocable, worldwide, royalty-free, nonexclusive, right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material. You waive any claims against Ticketor or anyone on its behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your User Website with respect to such limited permitted uses. In addition, you represent and warrant that:
Ticketor retains all rights, title and interest in and to this website and the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law, and any derivations thereof, are owned by and/or licensed to Ticketor. Subject to your full compliance with these Terms and timely payment of all applicable Fees, Ticketor hereby grants you, a non-exclusive, non-transferable, non-sublicensable, fully revocable, limited license to use the Services and applicable licensed content, for the purpose of generating and displaying your Organizer Site to end users and offering your products or services therein, solely as expressly permitted under the Terms, and solely within the Services. Ticketor does not convey any right or interest in or to Ticketor’s intellectual property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of Ticketor’s intellectual property rights under any law.
Certain content and images made available to you within the Ticketor Services, are licensed to Ticketor by a third-party provider, and are subject to additional license terms of such provider.
These Content Standards apply to any and all User Contributions. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through this website by third parties, including Organizers, is made available solely for general information purposes. Ticketor does not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to this website, or by anyone who may be informed of any of its contents. This website may include content provided by third parties, including materials provided by other users, Organizers, and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, other than the content provided by Ticketor, are solely the opinions and the responsibility of the person or entity providing those materials. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
You may link to this website’s homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. In addition, this website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
If this website contains links to other sites and resources provided by third parties, including Organizer Sites, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, including Organizer Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Organizer Accounts are deemed owned by the person and entity who completes the signup process to create the Organizer account. They will become the account Administrator. Administrator is required to provide complete and accurate information when registering their Organizer Account and using the Services and Organizer represents and warrants that he/she/it is a resident of or incorporated in the same as the country specified in the contact and/or billing address provide to Ticketor. You further represent that you have the authority to bind the person or entity listed as the owner of the Organizer Account.
The Administrator can appoint other individuals or entities to become Administrators (Co-Administrators). The initial Administrator, both individual and entity, and any other co-administrators are deemed owner of the Organizer account and are also the exclusive rights holder under this Agreement and are equally and fully in charge and solely responsible for the Organizer Website, Organizer account and Organizer Content and any activities that occur in your Organizer Website, and for any damages, expenses or losses that may result from such activities, whether or not specifically authorized by you or other Administrators. As a result, it is very important to keep your Administrator credential confidential and do not share with others. Use strong password and only grant Administrator role to people who you fully trust.
In case of a dispute on Organizer Account ownership, we reserve the right to determine ownership based on our reasonable judgment, whether or not an independent investigation has been conducted by us. We reserve the right to suspend and/or terminate any Organizer Account until the rightful owner, including the person or entity responsible for payment of fees, is determined.
You may create Organizer Site(s) to make commercial offers and engage in promotion, advertising, solicitation, and other forms of marketing. The Organizer Account owner is responsible for all activities on the site, including but not limited to setup, design, integration of third party products or services, creating events, selling tickets and merchandise, issuing refunds, and reporting. When administering the Organizer Site, you agree as follows:
As part of our Services, Ticketor processes content, including end user data, consumer data, or other usage data retained provided to us by the Organizers or through the Organizer Site. When doing so, Organizers represents that Organizer has sole control over and responsibility for the Organizer Site content. Organizer shall not include, or allow to be included, in the Organizer Site content, any materials that: (a) infringe or otherwise violate any intellectual property right of any third party; (b) are libelous or otherwise defamatory or invade any right of publicity or privacy of any third party; or (c) contain any harmful or malicious code. Ticketor is not responsible for the deletion, whether intentional or unintentional, of any content or data (including personal data) from an Organizer Account or that exists on an Organizer Site.
Some of our Services allow you to sell tickets and other goods (“Organizer Products”) through your Organizer Site (“Organizer Sales”). You are solely responsible for all Organizer Products and Organizer Sales, including all advertising, promotion, and related services, and compliance with any laws related thereto. Ticketor does not sell tickets or other products, it is the platform through which Organizers manage their Organizer Sales. We are not involved in your relationship and/or transaction with any actual or potential buyer of your Organizer Products. All payments for Organizer Products will be processed through third-party payment providers with which you decide to contract, and in accordance with that third party’s terms of service and related policies or agreements. Ticketor is not a party to or responsible for your relationship with any third party payment providers, or for their actions. In order to offer Organizer Products or make Organizer Sales, you agree to the following:
Ticketor shall not be liable in any way for loss of certain content, features, or capacity of your Organizer Account, including any content, end user data, consumer data, or other usage data retained therein, and including any domain name reservation or registration that was included in such Services, whether as a result of cancellation of your Organizer Account, our Services, third party services, any Acts of God, or other any other event. Ticketor is not responsible for backup of your Organizer Account, content or end user data.
Organizers shall maintain and post all terms, conditions, privacy notices, or other information as is required under applicable laws. Organizer’s shall inform their users of their rights with respect to Ticketor whenever necessary and applicable.
If you have any questions or concerns regarding Ticketor charges, Ticketor highly encourages you to first contact us before filling a chargeback or dispute in order to avoid interruption or cancellation of your service and to avoid unwarranted or erroneous chargebacks, which may result in additional charges and fees. Ticketor’s customer support will try to answer any questions regarding your bills and resolve any concerns. Ticketor reserve the right to dispute any received chargeback, by providing the relevant credit card company or financial institution with any information and documentation proving that the user responsible for such chargeback did in fact authorize the transaction and make use of the Services.
Organizer represents and warrants that
For misuse of this website or for non-paid Services, Ticketor may terminate this Agreement at any time without notice to You. In addition, your failure to comply with any of these Terms and/or to pay any due Fees shall entitle Ticketor to suspend (until full payment is made) or cancel your Organizer Account and Organizer Site (or certain features thereof), as well as the provision of any related Services to you.
Additionally, Ticketor reserves the right to terminate this agreement and your Organizer site when it believes, in its sole discretion: (a) has caused a significant number of complaints for failing to be reasonably accessible to customers or timely fulfill customer orders or failing to hold events as described and promoted on their website and other form of advertisement or fail to deliver sold tickets as required by the shipping method; or (b) has become the subject of a government complaint or investigation. Additionally, Ticketor reserves the right to review and remove any site at any time for non-compliance with this Agreement.
Upon any termination of the Services or an Organizer Account, Ticketor reserves the right to permanently delete from its servers any and all information and content contained in Organizer’s Account, including but not limited to order processing information, mailing lists, files, email, and any web pages generated. Ticketor shall not be liable for such deleted information or content. All domain names or subdomain names become associated with terminated Organizer accounts become immediately available to other organizers upon termination.
You agree that Ticketor may not store customer credit card information or other sensitive information or may delete such information at any time.
Ticketor’s Services allow you to utilize third party services, products and tools for enhancing your Organizer Site. These third party services include, without limitation, applications offered via the Ticketor.com website, payment processors, analytics providers, and designers who may assist you with your Organizer Site, etc. (collectively, “Third Party Services”). Such Third Party Services may be offered outside of our Services or bundled or integrated within them. You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you, Ticketor shall not be in any way responsible or liable with respect thereto. Ticketor will not be a party to, or in any way be responsible for monitoring, any interaction or transaction between you and any Third party Services. Any and all use of such Third Party Services shall be done solely at your own risk and responsibility, and may be subject to such legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
Organizers are required to use compatible third-party payment processors for processing of consumer transactions made in relation to their Organizer Site. We recommend that Organizer’s verify the existence of any additional fees they may be charged by third parties in connection with the use of those services (such as international transaction fees, currency exchange fees or fees due to banks or credit card companies). Ticketor is not responsible for any such additional fees or costs. Neither Ticketor nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Organizer's designated payment processor.
In some cases, Ticketor in its sole discretion may agree offer to some Organizers the use Ticketor's payment processor as their payment method. If an Organizer elects to have Ticketor act as its third-party payment processor for the processing of consumer transactions made in relation to their Organizer Site(s), the following terms apply:
Ticketor may pay a referral fee to persons or entities participating in our Referral Program (Affiliate(s)) for referrals of revenue-generating Organizers to Ticketor, subject to the following terms and conditions: (a) Prior to an Organizer's initial use of the Services, Affiliate must have contacted the Organizer and have been instrumental in getting the Organizer initially to register and use Ticketor Services (as determined by Ticketor in its sole discretion); and (b) the referral must be properly registered with Ticketor when the Organizer initially sets up its account and the Affiliate must fully comply with all instructions with respect thereto.
Ticketor will pay Affiliate a percentage of the Ticketor Service Fees (e.g., initial setup fee, monthly fees and the percentage fee that Ticketor charges the referred Organization and does not include any additional amounts such as taxes, royalties, payment processing, ticket printing, equipment purchase and other service fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) actually paid to Ticketor and retained by Ticketor for the Organizer's account during the 12-month period following the date of such Organizer's first event registration via the Services. The referral fee will be paid upon Affiliate’sss request if the amount due and unpaid is fifty dollars ($50.00) or more. Any unpaid balances will be added to any balances due in subsequent months. Ticketor reserves the right to change, modify or terminate this referral program and/or its terms at any time in its sole discretion. Ticketor reserves the right to determine what, if any, amounts are properly due affiliate hereunder in its sole discretion.
If the User (you) provide us with any kind of feedback, suggestions or comments (Suggestion) relating to the Ticketor Services (whether existing, non-existing, suggested or contemplated), if such Suggestion is or may be subject to any Intellectual Property rights, such Suggestion shall be exclusively owned by Ticketor. By providing such Suggestion to Ticketor, you agree and acknowledge that Ticketor may use the suggestion to: (i) implement new features or customize and improve the Ticketor Services, (ii) provide ongoing assistance and technical support, (iii) contact you regarding the Suggestion. Additionally, you represent and warrant that such Feedback is accurate, complete and irrevocably assign to Ticketor any right, title and interest you may have in such Suggestion and explicitly and irrevocably waive any and all claims relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide in or to such Suggestion.
Notwithstanding anything to the contrary in this Agreement, You will not attempt to prohibit or enjoin Ticketor at any time from utilizing any skills or knowledge of a general nature acquired during the course of providing the Services, including, without limitation, information publicly known or available or that could reasonably be acquired in similar work performed for another customer of Ticketor
Please see Ticketor’s privacy policy regarding how personal data is controlled by Ticketor.
The Ticketor name, Ticketor logo and all related names, logos, product and service names, designs and slogans are trademarks of Ticketor or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on this website are the trademarks of their respective owners.
Ticketor respects the intellectual property of others and acts in accordance with its interpretation of the Digital Millennium Copyright Act (“DMCA”), and we ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact our designated Copyright agent through https://www.Ticketor.com/Account/ReportCopyright (preferred) or at [email protected] and provide the following information:
Ticketor's copyright agent contact information:
Phone: +1-213-537-2527
Email: [email protected]
https://www.Ticketor.com/Account/ReportCopyright (preferred)
If Ticketor receives notice regarding a copyright infringement related to your Website or account, it may cancel your account, take your website and platform down or remove any Content in its sole discretion, with or without prior notice to you. In such case, you may file a proper counter-notice in accordance with Section 512 of the DMCA, in which you must include: (1) your full name, address, phone number and physical or electronic signature; (2) identification of the material and its location before removal; (3) a statement under penalty of perjury that the material was removed by mistake or misidentification; (4) your consent to an appropriate judicial body; and (5) any other information required under the relevant provisions of the DMCA. Any notices filed pursuant to this Section 27 may be deemed accepted, applicable and compliant with the DMCA, or not, at Ticketor’s sole reasonable discretion. Ticketor reserves the right to notify the person or entity providing the infringement notice of such counter-notice and provide any details included therein.
Ticketor makes no promises whatsoever that this website or the Services will be free of errors, uninterrupted, or free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND OUR SERVICES IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TICKETOR NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TICKETOR NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR OUR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR OUR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, TICKETOR HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
THE SECURITY MECHANISM INCORPORATED IN THE SERVICES HAS INHERENT LIMITATIONS, AND YOU MUST DETERMINE THAT THE SERVICES ADEQUATELY MEET THEIR REQUIREMENTS.
Ticketor disclaims any and all liability for the acts, omissions and conduct of any Organizers or other third party users, other users of this website, advertisers and/or sponsors on the Site, in connection with the Ticketor’s Services or otherwise related to your use of this website and/or our Services. Ticketor is not responsible for the products, services, actions or failure to act of any Organizer, venue, performer, promoter or other third party in connection with or referenced on the website or any Organizer Sites. Without limiting the foregoing, you may report any suspected misconduct of Organizer, user, third party advertisers, service and/or product providers referenced on or included in this Website or through our Services to us from https://www.Ticketor.com/Account/ReportAbuse (preferred) or emailing us at [email protected]. Ticketor has the sole discretion to investigate or take any action whatsoever.
IN NO EVENT WILL TICKETOR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT (INCLUDING ORGANIZER SITES), ANY CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES (INCLUDING ORGANIZER SITES) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You, and any organization for which you are acting with respect to these Terms, agree to defend, indemnify and hold harmless Ticketor, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.
You will not assign any of your rights or delegate any of your obligations under these Terms without Ticketor’s prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. Ticketor may assign its rights and/or delegate the performance of Services to third parties, including Ticketor affiliates. This Agreement will bind and inure to the benefit of each party's successors and permitted assigns.
Ticketor does not provide any legal advice or any recommendation whatsoever with respect to any laws or requirements applicable to your use or this website, our Services, or the use of any Organizer Site by any end user.
You understand that the Privacy Policy, Terms of Use, Terms of Purchase, Return Policy, Chargeback Response and any other terms, policies or legal documents that may be included by default with your Organizer site are provided solely for illustration purposes , and should not be construed as legal advice, nor does Ticketor represent that such documents will be effective or applicable in any way. It is your sole responsibility to evaluate your legal obligations and to review, replace or update such documents and legal terms before launching your Organizer Website. It is your responsibility to make sure such terms and policies are in compliance with all applicable law and that they protect Your and Your business's interest and that You are bound to and following those terms. Ticketor does not provide or sell any legal advice or document and shall not be held responsible for the use of such documents.
It is your responsibility to post any required terms or policies required by the applicable law on your Organizer Website.
You agree to post a privacy policy in Organizer Site that, at a minimum, discloses your legal obligations and accurately describes your relationship with Ticketor, as well as Ticketor's collection and use of Your customer's information. You agree to indemnify and defend Ticketor from and against any and all claims stemming from Your failure to comply with this provision and/or Your failure or refusal to abide by the terms and provisions of any applicable Privacy Policies.
The following phrase will be automatically added to your Terms of Service, to explain to your Consumers that you and not Ticketor, are solely responsible for the Organizer site.
“This web page is hosted by a third-party, Ticketor, who is not responsible for any of the content on this site. You acknowledge and agree that Ticketor does not endorse and is not responsible or liable for any Content, events, advertising, products, services or other materials on or available from this website or [Organizer Name], or any damages or losses related thereto, even if such website or resources are connected with Ticketor or are on Ticketor.com or any other domain owned by Ticketor.
IN NO EVENT WILL TICKETOR, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY CONTENT ON THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.“
You acknowledge and agree that technical processing of Merchant Information is and may be required: (a) for the Service to function; (b) to conform to the technical requirements of connecting networks; (c) to conform to the technical requirements of the Service; or (d) to conform to other, similar technical requirements. You also acknowledge and agree that Ticketor may access Your account and its contents as necessary to identify or resolve technical problems or respond to complaints about the Service.
Ticketor may make available to you features and tools that allow you to contact your Consumers, other users of the Services, or third parties via email (the "Email Tools").
Ticketor allows You to create certain forward-only email accounts at the domain name registered by You or at Ticketor.com or other Ticketor domains for the sole purpose of sending and receiving emails to your Consumers.
Ticketor allows You to send bulk emails and newsletters to your Consumers or the Email addresses that you may have imported in the system.
If you use any of the above Email Services, you represent and agree that:
If you violate any of these Email Services rules or if your use of the Email Services results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Services, Ticketor may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to the Email Services. You expressly agree that any violation of this Agreement may result in termination of any and all email accounts, as determined in Ticketor's sole discretion. Ticketor will not assume any liability for any losses incurred due to Email User activities. Please note that all Email Users who are assigned email accounts are subject to this agreement.
Ticketor reserves the right to establish limitations on the extent of any support provided for the Service, and the hours at which it is available.
To get in touch with our Customer Service - please use any of the options listed below:
Except for the obligation to make payments, neither party will be liable for any failure or delay in its performance under this Agreement due to any cause beyond its reasonable control, including, but not limited to, acts of war, acts of terrorists, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental act, or failure of the Internet (not resulting from the actions or inactions of Ticketor), provided that the delayed party: (a) gives the other party prompt notice of such cause, and (b) uses its reasonable commercial efforts to promptly correct such failure or delay in performance. If Ticketor is unable to provide Service(s) for a period of thirty (30) consecutive days as a result of a continuing force majeure event, You may cancel the Service(s), but there shall be no liability on the part of Ticketor.
All matters relating to this Website, our Services, and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).
YOU AND TICKETOR ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
If you prevail on any claim that affords the prevailing party attorneys' fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You may elect to pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention to do so within 60 days of your purchase. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TICKETOR WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
If either you or Ticketor, intends to arbitrate under these Terms, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to Ticketor should be sent to Ticketor by email from https://www.ticketor.com/Account/ContactTicketor (preferred) or to [email protected], Subject: Disputes/Arbitration. Notice to you will be to your email address(es), that Ticketor has in its records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. In the unlikely evet that we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration or in small claims court (to the extent the claim qualifies) instead of in courts of general jurisdiction, and only on an individual basis.
Subject to any applicable law, all disputes between you and Ticketor shall only be resolved on an individual basis and you shall not have the right to bring any claim against Ticketor as a plaintiff or a member of a class, consolidated or representative actions (or any other legal proceedings conducted by a group or by representatives on behalf of others).
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, OUR SERVICES, OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
The Terms of Use, and our Privacy Policy and any other applicable agreement, depending on your relationship with Ticketor, constitute the sole and entire agreement between you and Ticketor with respect to our Services and this website, and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral.
Ticketor may provide you with notices through any of the following methods: (1) via the Ticketor Services, including by a banner or pop-up within the Ticketor Website, Organizer Account or elsewhere; (2) by e-mail, sent to the e-mail address you or other Organizer Website Administrators provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Ticketor’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between Ticketor and You. Neither Ticketor nor You will have the power to bind the other or incur obligations on the other's behalf without the other's prior written consent, except as otherwise expressly provided herein.
This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or does confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever, under or by reason of this Agreement.
This Agreement may only be amended, modified, or supplemented by an agreement in writing signed by each party hereto. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. Upon such determination that any term or other provision is invalid, illegal, or unenforceable, the parties hereto shall negotiate in good faith to modify this Agreement so as to effect the original intent of the parties as closely as possible in a mutually acceptable manner in order that the transactions contemplated hereby be consummated as originally contemplated to the greatest extent possible.
When using the Ticketor Services, you may be exposed to Organizer Sites, Organizer Content and/or third party content which may be inaccurate, offensive, objectionable or illegal. You hereby waive any legal or equitable rights or remedies you have or may have against Ticketor with respect thereto.
If you believe a user or any Third Party Services acted inappropriately or otherwise misused any of the Ticketor Services, please immediately report such User and/or Third Party Service to us via https://www.Ticketor.com/Account/ReportAbuse (preferred) or [email protected]. You agree that your report shall not impose any responsibility or liability upon Ticketor, and that Ticketor may consider such report and act upon it, refrain from taking any such action or require additional information or documents before doing so, at its sole discretion.
Subject to the limitations and other provisions of this Agreement, any provision that, in order to give proper effect to its intent, should survive such expiration or termination, will survive the expiration or earlier termination of this Agreement.