A.2 Incorporation By Reference
YOUR USE OF THE SERVICES
B.1 The Services
The Ticketport hereby grants you a personal, non-exclusive, non-transferable, non-sub licensable (except to sub-Users registered via the Services), revocable (in accordance with Section 4 of the Terms of Service), limited right to access and use the Services solely for the purposes of
Browsing the Services and searching for, viewing, registering for or purchasing tickets or making donations to an event that is registered on the Services; and/or
If you are an Promoter, creating event registration, speaker profile, Promoter profile, fundraising and other webpages with respect to, and promoting, managing, tracking, and collecting sales proceeds for, an event, in each case
(ii) to the extent permitted under all applicable local, state, provincial, national and other laws, rules and regulations. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly
(A) copy, modify, reproduce, translate, localize, port or otherwise create derivatives of any part of the Services;
(B) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local, state, provincial, national or other law, rule or regulation);
(C) rent, lease, resell, distribute, use the Services for timesharing, service bureau or other commercial purposes not contemplated by this paragraph or otherwise exploit the Services in any unauthorized or unintended manner;
(D) remove or alter any proprietary notices or labels on or in the Services; or
(E) engage in any activity that interferes with or disrupts the Services
Any rights not expressly granted in this paragraph are reserved.
THE TICKETPORT'S ROLE
C.1 Listing Service And Limited Agent
The Ticketport is not the Promoter or owner of the events listed for sale or registration on the Services. The Ticketport provides the Services, which allow Promoters to list and promote their events, but the respective Promoter listed on the applicable event page makes all sales. In the event that an Promoter has elected to use The Ticketport’s Payment Processing Service, The Ticketport also acts as the Promoter’s limited agent solely for the purpose of using its third-party payment providers to collect payments made by Attendees on the Services with respect to an event and passing such payments through to the applicable Promoter. It is the Promoter’s sole obligation to ensure that any event page posting on the Services and the nature and conduct of the underlying event meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described in any event page posting are actually delivered in a satisfactory manner.
C.2 Selection Of Payment Processing Method
You have 2 options for payment processing.
- PayPal through The Ticketport account.
- Bambora Payment Processing Powered by First Data
Creating an account, listing an event and accessing the Services are free. We charge our fees only when you sell or buy paid tickets or registrations. All descriptions of standard fees on the Services represent the standard fees that The Ticketport charges to Promoters. These fees may vary based on individual agreements between The Ticketport and certain Promoters. Promoters ultimately choose if these fees will be passed along to Attendees and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Promoter out of ticket and registration gross proceeds. The fees charged to Attendees may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Attendees for an event are not necessarily the same as those charged by The Ticketport to the applicable Promoter or the standard fees described on the Services to Promoters. In addition, certain fees are meant, on average, to defray certain costs incurred by The Ticketport, but may in some cases include an element of profit and in some cases, include an element of loss. The Ticketport does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or Credit Card Company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
Because all transactions are between an Promoter and its respective Attendees, The Ticketport asks that all Attendees contact the applicable Promoter of their event with any refund requests. Promoters agree to post and maintain a refund policy on each event page and that refund policy will govern, provided that the refund policy must be consistent with The Ticketport’s Attendee Refund Policy Requirements available here. In the event that an Promoter has not responded to a refund request within two (2) business days or there is a dispute between an Promoter and an Attendee that cannot be resolved, either party may contact The Ticketport. The Ticketport may, in its discretion, attempt to mediate such dispute, however, The Ticketport will have no liability for (a) an Promoter’s failure to give refunds; (b) The Ticketport’s failure to mediate a dispute; or (c) The Ticketport’s decision if it does mediate the dispute.
D.1 Email Tools
The Ticketport may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:
Your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
Your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
You will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
You will identify the email message as an advertisement or commercial in nature;
You will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that The Ticketport includes on every email; and
You will not email any person that you know or have reason to know has opted out of receiving emails from you.
If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, The Ticketport may, among other actions, limit or suspend your access to the Email Tools.
ACCOUNT, PASSWORD AND SECURITY
As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that The Ticketport shall be the sole arbiter of such dispute in its discretion and that The Ticketport’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
You are responsible for maintaining the confidentiality of your password and account details, and are fully responsible for all activities that occur under your account, including without limitation, all actions by sub-users registered under your account. You agree to immediately notify The Ticketport of any unauthorized use of your password or account or any other breach of security.
E.3 Age Restrictions
F.1 Site Content
F.2 Your Content
Does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
Complies with all applicable local, state, provincial, national and other laws, rules and regulations; and
F.3 Feedback & Revisions
You hereby acknowledge that
Any and all suggestions for correction, change and modification to the Services and other feedback (including but not limited to quotations of written or oral feedback), information and reports provided to The Ticketport by you (collectively “Feedback”); and
All improvements, updates, modifications or enhancements, whether made, created or developed by The Ticketport or otherwise relating to Feedback (collectively, “Revisions”), are and will remain the property of The Ticketport. All Feedback and Revisions become the sole and exclusive property of The Ticketport and The Ticketport may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to The Ticketport any and all right, title and interest (including, but not limited to, any patent, copyright, future copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. You hereby agree to waive any moral rights you may have in any and all Feedback and Revisions, and consent to any act which amounts to an infringement of any such moral right, in favor of The Ticketport. At The Ticketport’s request, you will execute any document, registration or filing required to give effect to these provisions
G.1 Certain Restrictions
G.2 Certain Remedial Rights
REFERRALS AND PUBLIC AFFILIATE MARKETING PROGRAMME
- The Ticketport isn’t a job shop, it isn’t a white label solution and it isn’t a walled garden built specifically for each Promoter. The Ticketport is one of the broadest and most full featured event ticketing and registration platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to The Ticketport as you use the Services, there would be no refund of fees already due following any such change to the Services.
K.1 Third Party Websites
The Services may provide, or Users may provide, links to other Internet websites or resources. Because The Ticketport has no control over such websites and resources, you acknowledge and agree that The Ticketport 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, or any damages or losses related thereto, even if such websites or resources are connected with The Ticketport partners or third party service providers.
K.2 Linked Accounts
As part of the Services you may be able to link an account you have with a third-party service, such as a social media website. By linking such third-party account, you agree that The Ticketport may access, make available to and store any Content that you have provided to and stored in such third party account so that it is available on or through the Services. Such content may include personally identifiable information.
PRIVACY; CUSTOMER INFORMATION.
L.3 Payment Data
The Ticketport will not share with an Promoter any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Promoter, so Attendees should enter such information only under “Payment” on the order payment page.