TERMS & CONDITIONSAND END USER LICENSE AGREEMENT
S34T.com / S34Tevents.com
Effective Date: August 1, 2019
4. SELLERS, EVENTS AND TICKETS. Through the Service, those schools, venues, hosts and other vendors with which we have a business relationship and that we have approved for use of the Service (collectively, “Sellers”) are able to offer and sell tickets (the “Tickets”) to sporting events and other events (each, an “Event”) controlled or represented by these Sellers. Each Seller (and not ETickz) is responsible for determining Ticket prices and any other terms that may apply to its Events. ETickz may provide its Sellers with guidance or other assistance, but only on an informational basis, and without any liability to a Seller or to any users of the Service as a result of or otherwise arising out of such guidance or other assistance.
5. AGE REQUIREMENTS. Our Service and the Sites are intended for a general audience; we do not direct any of our content specifically at children under 13 years of age, and users must be at least 13 years of age in order to have an account on and otherwise use the Service (which account must be approved by and – as set forth below – established by a parent or legal guardian). If we learn or have reason to suspect that a user of the Service or any Site is under age 13, we will promptly delete any personal information that might be stored in that user’s account. In addition, if you should believe that we have in our database the personal information of a child under the age of 13, you should contact us via the contact information provided below so that, if necessary, we can have such information removed.
6.1 If the registration is for an account in your name and that you will be using, then you represent that you are at least 18 years of age, and you understand that you will have sole responsibility for use of that account, and for any liability arising therefrom or related thereto; and
7. TICKET PURCHASES. You must be a registered user in order to purchase Tickets via the Service, and you are solely responsible for reading the complete listing before making any commitment to buy Tickets. All Ticket sales are final and non-refundable, and you will not be able to change or cancel your order after the sale is complete. ETickz makes payments in accordance with the agreement it maintains with each Seller, and a determination whether to grant any refunds (including, without limitation, for cancelled Events) will be made by the applicable Seller on a case-by-case basis, at the Seller’s direction and in the Seller’s sole discretion.
Any questions, concerns or disputes, please contact Etickz directly at email@example.com
7.1 Ticket Fees. You may be charged fees (“Ticket Fees”) for buying Tickets through the Service and/or for otherwise using the Service in connection with attendance at or participation in an Event. Ticket Fees may vary by Event and depending on Event type and location, and may be changed at any time. Ticket Fees or taxes, if applicable, may be disclosed to you prior to buying a Ticket, but ETickz also reserves the right to include such amounts in the total Ticket price, without itemization or other identification. Please contact us any time you have questions about Ticket Fees or other amounts charged by the Service.
7.2 Payments. Payments for Tickets are due and payable immediately, and must be paid at purchase by one of the accepted payment methods made available to you on the Service. ETickz uses established third-party banking institutions and processing agents (collectively “Payment Processors”) to handle credit card transactions and certain other payment transactions via the Service; these Payment Processors receive the information needed to verify and authorize your credit card or other payment information, and they then make payment to or on behalf of the applicable Seller in accordance with the agreement that ETickz has with such Seller. You will receive your Tickets, and your payment obligation for those Tickets will be satisfied, when ETickz or its Payment Processors have received payment in full for the Tickets.
7.3 No Resale. You are not permitted to, and you agree that you will not, use the Service to resell any Tickets that have already been sold, distributed or forwarded using the Service, whether by a Seller, by you or by any other user, and you understand that any violation of this prohibition may result in the suspension or termination of your account, without limiting any other rights or remedies that may be available to ETickz or its Sellers, or to any other party harmed by such violation.
8. USE OF SOFTWARE. Use of some of the features offered by the Service may require you to use software provided by or operated from a Site, and on occasion we may make certain software available to you from a Site. To the extent you use such software or download such software from us, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”) will be deemed to be licensed to you by us, for your personal, noncommercial, home use only. We do not transfer either the title or the intellectual property rights to the Software, and we retain full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by ETickz or its licensors or business partners, and you may not copy or use them in any manner. If you are required to leave a Site in order to download any software from a website operated by a third party, the terms set forth in this paragraph may be superseded by the license that you are required to execute in connection with your download and/or installation of the third-party software.
9. SERVICE AND SITE CONTENTS. The contents of the Service and each Site are intended for the personal, noncommercial use of our users, and all materials published on a Site or otherwise available from the Service are protected by copyright, trademark and other applicable intellectual property laws. Copying, storing or using any such content for any use other than your personal, noncommercial use is expressly prohibited without ETickz’s prior written consent or the prior written consent of the copyright owner identified by the Service or on a Site (if someone other than ETickz).
10. AFFILIATE DISCLOSURE: This disclosure is made in order to comply with FTC guidance and guidelines: ETickz is a for-profit business that may receive compensation from links to products, services and third-party websites that we include in the Service, as well as from product placements and other promotional placements for which ETickz receives compensation from the owners/sellers of those products. As a result, please be aware that the external links we include in the Service or on a Site may be affiliate links, sponsored links, or other promotional content, which means that we will receive compensation when users follow those links in order to make purchases. It is our intention to include an appropriate disclosure with each affiliate link that we provide, but because we include a great many links in our content, users should assume that any and all links that direct them to a service, product, or other purchase or subscription opportunity are affiliate links, which will provide ETickz with compensation based on user referrals and/or purchases. [We participate in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for us to earn fees by linking to Amazon.com and affiliated sites.]
11. USER MATERIALS. You grant us a license to use any materials you post or otherwise provide via the Service, to any Site or otherwise to ETickz (including, for the avoidance of doubt, by email or other direct communications method). By posting, downloading, displaying, performing, transmitting, or otherwise distributing comments, links, images, information, inquiries or other content (“User Materials”) via the Service or a Site, or to ETickz directly, you are granting us, our affiliates, officers, directors, employees, consultants, agents, and representatives a license to use those User Materials in connection with our operation of the Service and our business generally, and (to the extent applicable) the businesses of our affiliates, agents, business partners and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Materials. You will not be compensated for any User Materials. You agree that, if you provide us with your name, we may publish or otherwise disclose your name in connection with your User Materials. By posting User Materials to the Service or on any Site, or by otherwise providing User Materials to ETickz, you warrant and represent that you own the rights to the User Materials or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Materials.
14. COPYRIGHT INFRINGEMENT. We have in place certain legally mandated procedures regarding allegations of copyright infringement occurring via the Service or on any Site. We have adopted a policy that provides for the immediate suspension and/or termination of any user who is found to have infringed on the rights of ETickz or of a third party, or otherwise violated any intellectual property laws or regulations. Our policy is to investigate any allegations of copyright infringement brought to our attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want us to delete, edit, or disable the material in question, you must provide us with all of the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
- identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
[COPYRIGHT AGENT INFO]
Please note: Only copyright complaints should be sent to the Copyright Agent. We will not act on or respond to any other communications sent to that address. For communications on other matters, please use the information provided in the “Contact Information” section above.
16. NO WARRANTIES. ETICKZ HEREBY DISCLAIMS ALL WARRANTIES. WE ARE MAKING THE SERVICE AND THE SITES AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SERVICE OR ANY SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ETICKZ EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SERVICE AND THE SITES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ETICKZ DOES NOT WARRANT THAT THE SERVICE, ANY SITE OR ANY OF THE SERVICES WE OFFER WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICE OR ANY SITES WILL BE UNINTERRUPTED OR ERROR-FREE.
17. LIMITED LIABILITY. OUR LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, ANY SITE, OR ANY OTHER MATERIALS OR SERVICES WE PROVIDE OR MAKE AVAILABLE TO YOU. This limitation will apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
18. EVENT ATTENDANCE AND PARTICIPATION. Each Event and all Tickets to Events are the sole responsibility of the Seller that is holding or otherwise promoting and using the Service to sell tickets to such Event, and ETickz can neither control nor make any guarantee regarding the legality of the Tickets, the legitimacy, appropriateness or safety of any Event; or the truth or accuracy of a Seller’s listings or other content. To the maximum extent permitted by law, ETickz expressly disclaims any and all liability for the actions and statements of its Sellers, and for all Tickets provided by, and for all Events hosted, promoted, produced or otherwise sold by, its Sellers.
19. EVENT CHANGES. You understand that Events are subject to change, at any time, for any reason, and without notice, and that ETickz has no control over these changes, and will have no liability to you or to any third party in connection with or arising out of the any changes affecting an Event or your Tickets to an Event. ETickz will use commercially reasonable efforts to respond to any such changes as follows:
19.1 Cancellation. At the direction of the applicable Seller, ETickz will remove an Event that has been cancelled, together with any listings related to the Event, and will inform users who purchased Tickets about the cancellation and about any available refund or alternative Events, if applicable.
19.2 Postponement. If an Event is postponed, ETickz will discuss with the applicable Seller how to resolve any ticket issues; provided, that ETickz and its Sellers will not be obligated provide refunds for postponed Events, but will instead allow Tickets to be used at the rescheduled event without need for reissue or additional purchase.
19.3 Other Event Changes. ETickz is not responsible for partial performances, changes to performers or participants, venue or time changes, or oversold events; Ticket refunds (if any) will be authorized by and (if authorized) issued by the applicable Seller. You will be responsible for contacting the applicable Seller if you should have any such concerns about an Event for which you purchased tickets.
21. PROHIBITED USES. We impose certain restrictions on your permissible use of the Service, the Sites and the services and materials we offer. You are prohibited from violating or attempting to violate any security features of the Service or any Site, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service or any Site or any associated services, system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Service or any Site, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Service or any Site or our servers to send unsolicited email, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any email or in any posting using the Site; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by ETickz in providing the Service or the Sites. Any violation of system or network security may subject you to civil and/or criminal liability, and will result in a loss of your ability to access and use the Service and the Sites.
23. COPYRIGHT. All contents of the Site are: Copyright © ETickz LLC and its licensors. All rights reserved. For more information (including any questions about reusing materials found in the Service or on any Site), please contact us at the address set forth in Section 22 (“Contact Information”) below.
26. DISPUTE RESOLUTION.
26.2 Binding Arbitration. If you and ETickz are unable to resolve your dispute through the good faith efforts described above, then you agree that the dispute must be resolved through binding arbitration (and not through a lawsuit or other court action, and therefore without a judge or jury to hear your claims). You understand that if we are required to arbitrate your dispute, the arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction, and that court review of an arbitration award is limited. Our agreement to arbitrate disputes is as follows:
- You (which will include anyone acting on your behalf, including, without limitation, your family, heirs, representatives, agents and assigns) and ETickz agree to settle by final and binding arbitration any claims or controversies (“Arbitrable Claims”) arising out of or relating to your use of the Service or any Site that ETickz may have against you or that you may have against ETickz or any of its affiliates, or against any past or present owner, associate, employee, consultant, agent or representative of ETickz or any of its affiliates, in their capacity as such or otherwise. You and ETickz forgo and waive any right to join or consolidate claims in arbitration with others or to make claims in arbitration as a representative or as a member of a class or in a private attorney general capacity, unless such procedures are agreed to by both you and ETickz. However, no remedy that otherwise would be available to you or ETickz individually in a court of law will be forfeited under this agreement to arbitrate. In addition, if this class action waiver is found illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and may proceed in a court of law, with the remaining parts proceeding in arbitration.
- Arbitration will be conducted in accordance with the Streamlined Arbitration Rules and Procedures of JAMS in effect at the time the claim is made, and a judgment upon any award rendered by the arbitrator may be entered in any court having jurisdiction. Such arbitration will be filed with JAMS and heard by one arbitrator in Los Angeles, California. California Code of Civil Procedure Section 1283.05, which provides for certain discovery rights, will apply to any arbitration. The arbitrator will apply, as applicable, federal or California substantive law and law of remedies. The arbitrator’s remedial authority will be no greater than that which is available under the statutory or common law theory asserted. The arbitrator will issue a written opinion that includes the factual and legal basis for any decision and award. You, ETickz and the arbitrator will treat all arbitration proceedings – including any decision, award and opinion in support thereof – as confidential, and the arbitrator will issue such orders as are reasonably necessary to maintain such confidentiality.
26500 Agoura Road #102-243
Calabasas, California 91302
(888) 818-S34T (7348)