Terms AND CONDITIONS of Use for TicketDerby, inc.
This TERMS AND CONDITIONS OF USE AGREEMENT [“Agreement”] is between you and TICKETDERBY,
INC., a corporation organized under the laws of the State of Florida [“Ticketderby”],
which may be contacted at 7995 Mahogany Run Lane, Naples, FL 34113. By accessing the
Ticketderby website, currently located at www.Ticketderby.com, [the “Website”] and using
any of the services accessible through the Website [“Services”], you become a user and agree
to, and are bound by, the terms and conditions of this Agreement for so long as you continue
to access, browse or otherwise using the Website and/or Services [“User”]. IF YOU DO NOT
AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE WEBSITE
OR THE SERVICES.
This Agreement is subject to change by Ticketderby in its sole discretion at any time, with or without notice to be effective immediately. Your continued use of this Website or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
Ticketderby provides a Service that allows Users who want to buy tickets [“Buyer”] to find tickets to purchase from registered Users who create event(s) and want to sell their tickets to these event(s) [“Event Organizer”]. Ticketderby acts as a marketplace only to allow Buyers and Event Organizers to interact regarding attendance at, access to, or participation in, events, venues and other activities [each, an “Event”] and does not take title to the actual tickets. In all cases, transactions are between Buyers and Event Organizers only.
Use of and registration on the Website is void where prohibited by applicable law. By using the Website, you represent and warrant that (i) all registration information you submit is truthful and accurate; (ii) you will maintain the accuracy of such information; (iii) you are 18 years of age or older; (iv) you have the authority to enter into this Agreement; and (v) your use of the Website does not violate any applicable law or regulation. Your profile may be deleted and your membership may be terminated without warning, if you violate any provision herein or we believe that you are under 18 years of age.
Use of the Website, Services and Affiliate Program.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by this Agreement. On the condition that you comply with all of your obligations under this Agreement, Ticketderby grants you a limited, revocable, nonexclusive, nonassignable, nonsublicensable right to access, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Ticketderby), view information and use the Services that Ticketderby provides through the Website and in strict accordance with this Agreement.
Event Organizer User Registration.
Ticketderby will not accept any request from you to sell tickets before you have registered on the Website. To register, you must provide the required information on Ticketderby’s sign up page. You may need a username and password to access certain areas of the Website and use certain Services. You are responsible for maintaining the security of your username and password and are responsible for any action taken under your username or password. You should not disclose your password to any other person. You agree to (i) immediately notify Ticketderby of any unauthorized use of your password or account or any other breach of security, and (ii) ensure that you exit from your account at the end of each session. Ticketderby cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Ticketderby shall be the sole arbiter of such dispute in its sole discretion and that Ticketderby’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
Event Organizer Activity.
Listing. A registered User who wants to sell tickets may create an Event and sell tickets to this Event on the Website. As part of the listing process, it is the Event Organizer’s responsibility to assign a price in U.S. Dollars to the tickets and accurately provide information to Ticketderby regarding any Event restrictions associated with said Event. Any Event that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics or requirements, must be clearly stated by the Event Organizer upon submission to Ticketderby. It is the Event Organizer’s responsibility to ensure that said restriction is lawful and does not violate any federal, state, or local laws, or any applicable foreign laws and that all customers can be admitted to your Event. Further, the Event Organizer shall include a prominently placed link to their Website event page where the tickets are sold. Event Organizer agrees to do what it can to promote their online ticket sales whenever possible via ads in its program, thru email campaigns, in its press and newsletter communications or by other appropriate means.
Taxes. The Event Organizer is responsible for determining whether taxes are required on the sale of the ticket. If the Event Organizer is required to account for any form of tax on the sale of the ticket, the Event Organizer should include the tax price with the total ticket price.
Ticketing Fees. Ticketderby charges a per-ticket convenience charge and per order payment processing fee for its Services which are shown prior to the time of purchase and, if applicable, an additional refund processing fee for ticket sales and refunds [collectively the “Fees”]. Ticketderby will deduct and invoice Event Organizer for all applicable Fees from Event Revenue as stated in this Agreement. Any refund of Fees is the sole responsibility of the Event Organizer. All Fees and any other monies contemplated by this Agreement are payable in United States Dollars.
Payment Method. Buyer hereby represents and warrants that any credit or debit card or other billing information that is provided to Ticketderby is valid and accurate in all respects. The Buyer's credit card, or debit card ["Payment Method"] is charged once the Buyer chooses an Event and the sale is complete. By providing payment card or other financial or payment account information to Ticketderby, Buyer hereby authorizes Ticketderby to charge or debit their payment card or other account for the face value of any tickets purchased, as well as any Fees or other charges that may be due in connection with any transactions you request through Ticketderby. The Ticketderby Fees can vary and may change from time to time. In all cases, Ticketderby is not responsible for any bank fees or other penalties resulting from authorizations and/or charges to the Buyer’s Payment Method when the Buyer purchases ticket(s) to an Event. Please contact your financial institution or payment method provider if you have any questions regarding their related policies and any applicable fees. At no time does Ticketderby provide the Buyer's Payment Method information to the Event Organizer. The Buyer's payment is paid to Ticketderby, Ticketderby will appear on Buyer’s Payment Method statement. The Event Organizer is compensated for the sale. Event Organizers can see the exact amount of per ticket Fees that Ticketderby will collect before completing the Event registration and offering tickets for sale.
Confirmation. Upon receipt of a credit card authorization from each Buyer, Ticketderby generates a confirmation message (in the form of a confirmation page and email) and issues a unique confirmation number shortly after the transaction is completed. Event Organizer agrees to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Ticketderby through the Services. If the Buyer experiences an error message or service interruption after submitting payment information, it is the Buyer’s responsibility to confirm with Ticketderby customer service whether or not the order has been placed.
Tickets. If the Event offers electronic ticket delivery, the Buyer will be able to print the ticket(s) after the order is processed. These tickets contain a unique bar code that corresponds to the order and must be brought to the Event. Some Events will require a physical ticket. These tickets will either be shipped to the Buyer by the Event Organizer or will be available at the call window prior to the Event. Other Events will allow you to be admitted directly. All of this information will be displayed on the Website under the Event listing. Any questions regarding ticket delivery should be directed to the Event Organizer.
Ticket Limit. When purchasing tickets, the Buyer may be limited to a certain number of tickets for each Event as determined by the Event Organizer. This policy is in effect to discourage unfair ticket buying practices. Tickets purchased in violation of this provision are subject to cancellation.
Refund Policy. It is the Event Organizer’s responsibility to communicate its refund policy to the Buyer. The Ticketderby Fees are not refundable under any circumstances. When a refund of a ticket is authorized by the Event Organizer, the Ticketderby Fees will be deducted from (i) the refund amount distributed to Buyer or (ii) the Event Organizer’s revenue. It is the responsibility of the Event Organizer to approve and issue refunds to Buyers. The Service permits an Event Organizer to issue refunds to Buyers, provided the refund is issued by the Event Organizer before the Event end date and within three (3) months after the transaction date for the ticket purchase. If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. All communications or disputes regarding refunds are between the Event Organizer and Buyer and Ticketderby will not be responsible or liable for, and Event Organizer hereby agrees to fully indemnify Ticketderby and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the Services. Notwithstanding the foregoing, Event Organizer acknowledges and agrees that Ticketderby 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 Ticketderby receives complaints from a substantial number of Buyers (as determined by Ticketderby in its sole discretion) with respect to the applicable Event or another Event held by Event Organizer, or Ticketderby determines in its sole discretion that Event Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, Ticketderby reserves the right to issue credits or refunds as part of any customer service interaction. Further, Ticketderby will not issue any refund to a Buyer unless and until sufficient funds are available or made available by Event Organizer.
Chargeback. When a ticket transaction is in dispute by a Buyer [“Chargeback”], the transaction plus an additional $20.00 non-refundable fee [“Chargeback Fee”], shall be withheld from any remaining funds owed to Event Organizer with the balance due, if any, within thirty (30) days. If the Chargeback is withdrawn or reversed, the original transaction amount minus all Ticketderby Fees and the Chargeback Fee will be returned to the Event Organizer. Ten (10%) percent of Event Organizer’s total sales [“Chargeback Insurance”] will be withheld for thirty (30) days after the final Event end date. The remaining balance shall be paid to the Event Organizer, minus any deductions, including, but not limited to, Chargeback(s), Chargeback Fee(s), refunds, and related Ticketderby Fees, if applicable. All communications and disputes regarding Chargebacks are between the Event Organizer and Buyer, and Ticketderby will not be responsible or liable in any way for, and Event Organizer hereby agrees to fully indemnify Ticketderby and its affiliates for, Chargebacks issued in the course of the use of the Services.
Event Restrictions. Some Events listed on the Website may have certain restrictions which Event Organizer agrees to make public at the time of ticket purchase. It is the Buyers responsibility to carefully review all aspects of the Event including, but not limited to, the Event restrictions and whether such restriction to a particular Event applies to the Buyer or their guest(s). No refunds will be given if the Buyer or a guest is declined entry to an Event due to a restriction.
Event Admittance/Attendance. In order to gain entry into an Event, the Buyer must bring the ticket(s) and/or the confirmation information to the Event. Additionally, while not all Events require identification, on some occasions, government-issued identification will be required by the Event Organizer and as such, Ticketderby recommends bringing a valid and current government-issued photo identification to the Event. You and your belongings may be searched prior to entry to an Event. You hereby consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, and containers. In addition, Event Organizer reserves the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct is deemed disorderly, who uses vulgar or abusive language or who fails to comply with the Event Organizer’s rules, policies, or procedures, including, but not limited to, any requirement that persons not record or transmit any picture or reproduction of the Event.
Payment to Event Organizer. Ticketderby will pay to the Event Organization all funds collected in connection with the sale of tickets for an Event, minus any applicable Ticketderby Fees [“Revenue”]. Event Organizer shall receive payment, less Ticketderby Fees provided that the Event as advertised was actually held and that Event Organizer has strictly complied with this Agreement. Using the information listed in the Event Organizer’s registered account on the Website, Revenue is paid out via direct deposit (i) within five (5) business days after the Event end date for Lite accounts, and (ii) every business day before the Event end date where ticket sales occurred for Pro accounts. Due to the nature of direct deposit, from when Ticketderby submits the payment it may take up to five (5) business days for the funds to be available in the Event Organizer’s bank account. To avoid any significant delays, the Event Organizer is responsible ensuring the accuracy of their banking information. THE EVENT ORGANIZER AGREES THAT ANY REVENUE PAYMENT MADE BY TICKETDERBY PRIOR TO THE FIFTH (5) BUSINESS DAY AFTER THE EVENT END DATE ARE ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO EVENT ORGANIZERS UNDER THIS AGREEMENT AND THAT TICKETDERBY MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND EVENT ORGANIZER SHALL PROMPTLY (AND IN ANY CASE WITHIN 5 BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO TICKETDERBY SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY TICKETDERBY.
Event Cancellation/Postponement. A refund may be issued when an Event is cancelled or postponed. If an Event is cancelled or postponed, the Event Organizer shall immediately provide written notice to Ticketderby within twenty-four (24) hours of said cancellation or postponement and return any Revenue payments made by Ticketderby. Upon return of the Revenue payments, the Event Organizer will immediately issue all refunds for any cancelled or rescheduled Event as per the Event Organizer’s policy, which Event Organizer agrees to make public at the time of ticket purchase. Event Organizer agrees to deliver such further instruments and do such further acts and things as may be required by Ticketderby to carry out the interest and purpose of this Agreement and Event Organizer’s policy. Ticketderby will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed Event.
Accounts Payable. Event Organizer understands that any due balances are subject to being electronically withdrawn from the Event Organizer’s bank account or withheld from future Event Organizer Revenue payments and that past due balances shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, or (b) the maximum amount permitted by applicable law.
Unlawful Ticket Reselling. Ticketderby in no way condones the unlawful resale of tickets or attempted resale of tickets. Any unlawful attempt to resell tickets purchased through Ticketderby will result in Ticketderby terminating those tickets without compensation, as well as the unlawful party being barred indefinitely from use of any Services Ticketderby provides.
Notification. Once a Buyer has completed the sale process, Ticketderby will notify the Event Organizer of the sale via email and/or update the Event Organizer's reporting tools on the Website.
p. Dispute Resolution/Remedies. After receiving the tickets, if a Buyer is dissatisfied with any part of the purchase experience on the Website, the Buyer may contact Ticketderby. Any disputes regarding the actual Event, the Buyer should contact the Event Organizer directly. Ticketderby reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Event Organizer’s registration for the Services (including any and all accounts that Event Organizer may have) and to cancel all other Events listed by Event Organizer. In the event that Ticketderby suffers a chargeback or any other monetary loss because of invalid financial or payment account information provided by you, or because of any other act or omission by you in violation of this Agreement, Ticketderby shall be entitled to recover from you, in addition to any amounts otherwise owing, its reasonable costs of collection, including, without limitation, collection agency fees, reasonable attorneys' fees, and court costs.
Disclosure By Law. You acknowledge and agree that Ticketderby may disclose information you provide if required to do so by law, at the request of a third party, or if we, in our sole discretion, believe that disclosure is reasonable necessary to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); (ii) protect or defend Ticketderby’s or a third party’s rights or property; or (iii) protect someone’s health or safety, such as when harm or violence against any person (including the User) is threatened.
All material on the Website, including, but not limited to, the text, articles, images, software, photographs, graphics, illustrations, artwork, video, audio, names, logos, trademarks, service marks and other material [collectively, the "Material"], is protected by copyright, trademark, and other laws in both the United States and elsewhere. The Material includes both material owned or controlled by Ticketderby and material owned or controlled by third parties and licensed to Ticketderby. Unless as explicitly indicated on the Website, you may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way or in any format for any public or commercial purpose without the express written permission of Ticketderby. Further, except as specifically indicated therein, you do not acquire any ownership rights to any Material, document or other materials viewed, accessed and/or created through the Services or the Website.
If you violate any of the terms of this Agreement, your permission to use the Material, the Services and/or the Website automatically terminates and you must immediately destroy any copies you have made of the Material. Some Material on or available through the Website may have additional restrictions upon its use and all such restrictions form a part of this Agreement.
The Material, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. Ticketderby owns and retains all such proprietary rights in the Material, Services and the Website. Except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. Further, except as specifically indicated therein, you do not acquire any ownership rights to any Content, document or other materials viewed, accessed and/or created through the Services or the Website.
Content Posted by Users.
Ticketderby may delete any content that in the sole judgment of Ticketderby violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. Ticketderby assumes no responsibility for monitoring the Website for inappropriate content or conduct. If at any time Ticketderby chooses, in its sole discretion, to monitor the Website, Ticketderby nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
You are solely responsible for the content that you post on or through any of the Services or the Website, and any material or information that you transmit to other Users and for your interaction with other Users. Ticketderby does not endorse and has no control over the content. Content is not necessarily reviewed by Ticketderby prior to posting and does not necessarily reflect the opinions or policies of Ticketderby. Ticketderby makes no warranties, express or implied, as to such content or to the accuracy and reliability of such content or any material or information that you transmit to other Users.
For all events and tickets you list as the Event Organizer, you warrant that your descriptions accurately detail and describe the events and tickets offered for sale. If you, at any time, deliver invalid, fraudulent, or misrepresented tickets, Ticketderby reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges Ticketderby incurs to satisfy the Buyer under the terms of this Agreement. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, shipping charges, and refunds to the Buyer.
You grant Ticketderby a perpetual, non-exclusive, transferable, worldwide, irrevocable, royalty-free right to exercise publicity, database, trademark and copyright rights, including the right to reproduce, modify, adapt, publish and display on the Site and on the sites of our partners, any content you may provide to Ticketderby in connection with your use of Ticketderby and its Services. You agree that Ticketderby shall be permitted to use your name or User ID, home city and other ancillary information (for example, the number of years you have been a Ticketderby User) in connection with Ticketderby's marketing, promotion and publicity efforts in any media known now or in the future.
To post a ticket for sale on the Website, you must first register with Ticketderby on the Website. Once a ticket is posted, Ticketderby strongly discourages posting that ticket for sale elsewhere. You may post your ticket for sale in other marketplaces but are required to remove your ticket from the Website immediately if your ticket sells elsewhere. Ticketderby reserves the right to prohibit Users from posting tickets at Ticketderby if they are not able to provide the exact tickets that were posted on the Website. If you, at any time, fail to deliver the tickets you've listed or deliver invalid, fraudulent, or misrepresented tickets, Ticketderby reserves the right to cancel the order, return the tickets to you, and hold you liable for any and all charges that Ticketderby incurs to satisfy the Buyer. These charges may include, but are not limited to, cost of replacement tickets, coupons, and gift certificates, reprinting fees, shipping charges, and refunds to the Buyer.
The Event Organizer authorizes Ticketderby to withhold payment or electronically withdrawal from their bank account any amount owed to Ticketderby if (i) a sale is cancelled for any reason; (ii) Ticketderby reasonably believes that the Event Organizer has committed a fraud or other illegal act or omission during any buying or selling activity; (iii) the Event Organizer is not able to produce the exact seats that you listed on the Website; (iv) the Event Organizer delivers incorrect or misrepresented tickets for any order or portion of an order, (v) the Event Organizer fails to ship tickets by the expected ship date (provided by the Event Organizer) without notifying Ticketderby in advance or (vi) the Event Organizer otherwise owes Ticketderby a specific amount. If any of the above takes place, Ticketderby may also deduct from any amount that is owed the Event Organizer the amount the Event Organizer owes to Ticketderby.
The following is a partial list of the kind of content that is illegal or prohibited to post on or through the Services or the Website. Ticketderby reserves the right to investigate and take appropriate legal action against anyone who, in Ticketderby's sole discretion, violates this provision, including without limitation, removing the offending communication from the Services or the Website and terminating the membership of such violators. Prohibited Content includes, but is not limited to, content that, in the sole discretion of Ticketderby:
is offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
harasses or advocates harassment of another person;
exploits people in a sexual or violent manner;
contains nudity, violence, or offensive subject matter;
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing, "spimming," or "spamming";
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to, making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
includes a photograph of another person that you have posted without that person's consent.
The following is a partial list of the kind of activity that is illegal or prohibited on the Website and through your use of the Services. Ticketderby reserves the right to investigate and take appropriate legal action against anyone who, in Ticketderby’s sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to, the following:
criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, trademark infringement or theft of trade secrets;
advertising to, or solicitation of, any User to buy or sell any products or services through the Services or the Website. You may not transmit any chain letters or junk email to other Users. It is also a violation of these rules to use any information obtained from the Services or the Website in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent.
interfering with, disrupting, or creating an undue burden on the Services or the networks or services connected to the Services or the Website;
attempting to impersonate another User, person or business entity;
using the account, username, or password of another User at any time or disclosing your password to any third party or permitting any third party to access your account;
using any information obtained from the Services or the Website in order to harass, abuse, or harm another person; and/or
using the Services or the Website in a manner inconsistent with any and all applicable laws and regulations.
Links to Third Party Websites.
Disclaimer of Warranty.
No Warranties. THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. TICKETDERBY PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES AND/OR THE WEBSITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. TICKETDERBY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR THE WEBSITE WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES AND/OR THE WEBSITE WILL BE CORRECTED. TICKETDERBY DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES AND/OR THE WEBSITE.
Third Party Content. Opinions, advice, statements, offers, or other information or content made available through the Services or the Website, but not directly by Ticketderby, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TICKETDERBY DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES AND/OR THE WEBSITE, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN TICKETDERBY. UNDER NO CIRCUMSTANCES WILL TICKETDERBY BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICES AND/OR THE WEBSITE, OR TRANSMITTED TO OR BY ANY USERS.
Limitation of Liability.
Except in jurisdictions where such provisions are restricted, in no event will Ticketderby be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, lost profits arising from your use of the Services and/or the Website, even if Ticketderby has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, Ticketderby’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Ticketderby for the Service during the term of your use.
Further, Ticketderby shall not be liable for the death or personal injuries suffered by the Buyer or their guests arising out of the attendance at, or travel to any event. The limitations of liability shall also extend to any loss or damage sustained to the property or belongings of the Buyer or any guest or for further costs, damages or expenses incurred or suffered by the Buyer arising out of any transaction.
You acknowledge and agree that the foregoing disclaimers and limitations of liability represent bargained for allocations of risk, and that the pricing and other terms and conditions of this Agreement reflect such allocations.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE TICKETDERBY, AND ALL AFFILIATED COMPANIES, OFFICERS, DIRECTORS, AGENTS, PARENTS, SUBSIDIARIES, LEGAL REPRESENTATIVES, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL CLAIMS, DEMANDS AND DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, suspected and unsuspected, disclosed and undisclosed, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
You acknowledge that California Civil Code Section 1542 provides: "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." If you are a resident of California, you agree to waive California Civil Code Section 1542. If you are a resident of any other state or foreign country, you agree to waive in advance any similar laws of such other jurisdiction. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the total Service Fees you paid to us in the twelve (12) months prior to the action giving rise to the liability.
You agree to indemnify, defend and hold harmless Ticketderby, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees and costs) relating to or arising out of (i) your use of or inability to use the Services or the Website, (ii) any User postings made by you, (iii) your violation of any terms of this Agreement or your violation of any rights of a third party, or (iv) your violation of any applicable laws, rules or regulations. Ticketderby reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Ticketderby in asserting any available defenses and/or claims.
You agree that Ticketderby is not responsible in any way for the accuracy or suitability of any payment of taxes to any entity on your behalf. You shall indemnify and hold Ticketderby and (if applicable) any parents, subsidiaries, affiliates, officers, directors, agents and employees harmless against all liabilities, costs, interest and expenses (including reasonable attorneys' fees) incurred by Ticketderby that arise out of any third party or governmental claim that involves, relates to or concerns any federal, state, county, city, or other tax obligation or amounts due or owing under any tax regulation, law, order or decree. You agree to provide Ticketderby with your Social Security Number or tax ID if necessary for Ticketderby to provide information to the Internal Revenue Service related to payments you received from us and further authorize Ticketderby to release that information to the IRS or other competent governmental body. In addition, if in a given calendar year Ticketderby processes transactions for your account (i) for more than $20,000 in gross sales and (ii) in more than 200 order transactions, Ticketderby is required to report those transactions to the Internal Revenue Service, along with your name, address and Tax Identification Number.
Term and Termination.
This Agreement will become effective upon your acceptance of the Agreement by your use of the Services and/or the Website and will remain in effect in perpetuity unless terminated hereunder. Ticketderby reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services or the Website and any other records at any time at our sole discretion. In the event your access to any of the Services or the Website is suspended or terminated due to a breach of this Agreement, you agree that all fees then paid to Ticketderby by you will be nonrefundable and all outstanding or pending payments will immediately be due and payable by you. You may terminate your account by contacting Ticketderby here requesting that your account is to be deleted. An administrator will then delete your account within five (5) business days.
All Sales Are Final.
All sales are final. No refunds, cancellations or exchanges will be issued for date or time changes, partial performances, or lost tickets. Event Organizers must maintain a refund policy and must display said policy on its website in such a manner that a Buyer would be made aware of the policy. Such refund policy most inform Buyers that refunds, if any, are the sole responsibility of Event Organizer and not of Ticketderby for any reason, including without limitation, cancellation or postponement of events, customer dissatisfaction with performances or seat location, lost, stolen, damaged or destroyed tickets, or any other reason.
Digital Millennium Copyright Act Notice.
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible on this Website, please notify Ticketderby’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA), or such other statute as replaces or supplements said Act. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim is being infringed;
Identification of the material that is claimed to be infringing and where it is located on the Website;
Information reasonably sufficient to permit Ticketderby to contact you, such as your address, telephone number, and e-mail address;
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 law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Ticketderby, Inc. DMCA Agent 7995 Mahogany Run Lane Naples, FL 34113
Jurisdiction and Choice of Law.
You agree that Florida law (without giving effect to its conflicts of law principles) will govern this Agreement, the Website and the Services and that any dispute arising out of or relating to this Agreement, the Website and/or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the County of Collier, State of Florida. You acknowledge and agree that any violation of this Agreement may cause Ticketderby irreparable harm, and therefore agree that Ticketderby will be entitled to seek extraordinary relief in court, including, but not limited to, temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that Ticketderby may have in law or equity for a breach of this Agreement or a violation by you of any applicable law.
Local Law Compliance.
The sale or purchase of tickets may be regulated by certain state, county and city laws or regulations. Ticketderby does not monitor, obtain, nor have knowledge of the face value of tickets listed on the Website. This Website is further subject to United States export controls. You acknowledge that complying with such applicable laws is your responsibility, and you agree not to hold Ticketderby liable for your failure to comply with any law or Ticketderby’s failure to notify you of any law.
This Website is controlled, operated and administered by Ticketderby within the United States. We make no representation that information or Material on this Website is appropriate or available for use at other locations outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
This Agreement contains the entire agreement between you and Ticketderby regarding the use of the Services and/or the Website.
Failure by either Party at any time to require the performance of the other Party of any of the terms, provisions or conditions of this Agreement shall in no way affect such Party’s right thereafter to enforce the same, nor shall the waiver by either Party of the breach of any provision hereof be taken or held to be a waiver of any succeeding breach.
Survivability. The respective rights and obligations of the parties under this Agreement shall survive any termination or expiration of the Agreement.
In the event that any provision of this Agreement conflicts with the law under which this Agreement is to be construed, or if any provision is held invalid or unenforceable by a court of competent jurisdiction or an arbitrator, such provision shall be deleted from this Agreement and the Agreement shall be construed to give full effect to the remaining provisions thereof.
This Agreement shall be binding upon and inure to the benefit of each Party and its respective successors and assigns. Neither this Agreement nor any rights or obligations hereunder may be assigned by you without the prior written consent of Ticketderby. Any such attempted assignment or delegation shall be void and of no effect.
Headings and Captions.
The paragraph headings and captions contained in this Agreement are for convenience only and shall not be construed to define, limit, or affect the scope or meaning of the provisions hereof.
You agree to execute and deliver such further documents and instruments and do such further acts and things, in a reasonable period of time that may be appropriate or necessary to perform and effectuate the provisions of this Agreement.
If the performance of any part of this Agreement by either party is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor disputes, act of God, or any other causes beyond the control of either party, that party shall be excused to the extent that it is prevented, hindered, or delayed by such causes.
Posted: November 19, 2012