ALL SALES ARE FINAL – NO REFUNDS – DEGYTIX FEES ARE NEVER REFUNDABLE EVEN
WHEN THE ORGANIZER ISSUES REFUNDS
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1. Accepting These Terms
1.1 What’s What. DegyTix’s products, features and offerings
are available (a) online through various DegyTix properties. (a), (b), and (c)
are collectively referred to as “DegyTix Properties” or our “Services”. These
Terms apply to any Site(s) on which they are posted; where other terms or
agreements are instead posted, those terms or agreements apply to the extent
they conflict with these Terms. The material, including without limitation
information, data, text, editorial content, design elements, look and feel,
formatting, graphics, images, photographs, videos, music, sounds and other
content contained in or delivered via the Services or otherwise made available
by DegyTix in connection with the Services is the “Site Content” (or
“Content”). Any material (including the foregoing categories) that you
contribute, provide, post or make available using the Services is “Your
Content.”
1.2 Who’s Who.
When these Terms use the term “Organizer,” we mean event
creators using the Services to create events displayed on the Services for
consumers using our Services (a) to consume information about or attend Events
(“Consumers”), or (b) for any other reason. Organizers, Consumers and third
parties using our Services are all referred to in these Terms collectively as
“Users,” “you” or “your.”
When these Terms use the term “DegyTix,” “we,” “us,” or
“our,” that refers to DegyTix, Inc. and its affiliates, and subsidiaries, and
each of its and their respective officers, directors, agents, partners and
employees.
1.4 What the “Terms of Service” Means. These Terms of
Service and the other documents referenced in them (including in Section 1.3
above) comprise DegyTix’s “Terms.” These Terms are a legally binding agreement
between you and DegyTix governing your access to and use of the Services and
setting out your rights and responsibilities when you use the Services. By
using any of our Services (including browsing a Site), you are agreeing to
these Terms. If you do not agree to these Terms, please do not use or access
the Services. If you will be using the Services on behalf of an entity (such as
on behalf of your employer), you agree to these Terms on behalf of that entity
and its affiliates and you represent that you have the authority to do so. In
such case, “you” and “your” will refer to that entity as well as yourself.
2. DegyTix’s Services and Role
2.1 What We Do. DegyTix’s Services provide a simple and
quick means for Organizers to create speaker profiles, organizer profiles, and
other webpages related to their events, promote those pages and events to
visitors or browsers on the Services 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 or other Users.
Descriptions of other and more specific services can generally be found on the
Site of each of the DegyTix Properties.
2.2 How We Fit In. DegyTix is not the creator, organizer or
owner of the events listed on the Services. Rather, DegyTix provides its
Services, which allow Organizers to manage ticketing and registration and
promote their events. The Organizer is solely responsible for ensuring that any
page displaying an event on the Services (and the event itself) meet all
applicable local, state, provincial, national and other laws, rules and
regulations, and that the goods and services described on the event page are
delivered as described and in an accurate satisfactory manner. The Organizer of
a paid event selects the payment processing method for its event as more fully
described in the Merchant Agreement. Consumers must use whatever payment
processing method the Organizer selects. If the Organizer selects a payment
processing method that uses a third party to process the payment, then neither
DegyTix nor any of its payment processing partners processes the transaction
but we transmit the Consumer’s payment details to the Organizer’s designated
payment provider. If an Organizer uses DegyTix Payment Processing (as defined
in the Merchant Agreement), DegyTix also acts as the Organizer’s limited agent
solely for the purpose of using our third party payment service providers to
collect payments made by Consumers on the Services and passing such payments to
the Organizer.
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3. Privacy and Consumer Information
3.1 We know your personal information is important to you
and it is important to DegyTix too. Information provided to DegyTix by Users or
collected by DegyTix through DegyTix Properties, is governed by our Privacy
Policy.
3.2 If you are an Organizer, you represent, warrant and
agree that (a) you will at all times comply with all applicable local, state,
provincial, national and other laws, rules and regulations with respect to
information you collect from (or receive about) consumers, and (b) you will at
all times comply with any applicable policies posted on the Services with
respect to information you collect from (or receive about) consumers.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the
Services by any means and continue in effect until they are terminated. There
may come a time where either you or DegyTix decides it’s best to part ways as
described in Sections 4.2 or 4.3 below. When that happens, these Terms will
generally no longer apply. However, as described in Section 4.4, certain
provisions will always remain applicable to both you and DegyTix.
4.2 DegyTix may terminate your right to use the Services at
any time (a) if you violate or breach these Terms; (b) if you misuse or abuse
the Services, or use the Services in a way not intended or permitted by
DegyTix; or (c) if allowing you to access and use the Services would violate
any applicable local, state, provincial, national and other laws, rules and
regulations or would expose DegyTix to legal liability. DegyTix may choose to
stop offering the Services, or any particular portion of the Service, or modify
or replace any aspect of the Service, at any time. We will use reasonable
efforts to provide you with notice of our termination of your access to the
Services, where, in DegyTix’s sole discretion, failure to do so would
materially prejudice you. You agree that DegyTix will not be liable to you or
any third-party as a result of its termination of your right to use or
otherwise access the Services.
4.3 Except to the extent you have agreed otherwise in a
separate written agreement between you and DegyTix, you may terminate your
access to the Services and the general applicability of Terms by deleting
your account and emailing us to do so. If you are a Consumer using the Services
without a registered account, your only option for these Terms to no longer
apply is to stop accessing the Services indefinitely. So long as you continue
to access the Services, even without an account, these Terms remain in effect.
If there is a separate agreement between you and DegyTix governing your use of
the Services and that agreement terminates or expires, these Terms (as
unmodified by such agreement) will govern your use of the Services after such
termination or expiration.
4.4 All provisions of these Terms that by their nature
should survive termination of these Terms will survive (including, without
limitation, all limitations on liability, releases, indemnification
obligations, disclaimers of warranties, agreements to arbitrate, choices of law
and judicial forum and intellectual property protections and licenses).
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6. Release and Indemnification This is where you agree to
cover DegyTix if you use the Service in a way that causes DegyTix to be the
subject of a legal matter, or to face other claims or expenses, or as otherwise
set forth herein, to the extent permitted by applicable laws.
6.1 Release. You hereby agree to release DegyTix from all
damages (whether direct, indirect, incidental, consequential or otherwise),
losses, liabilities, costs and expenses of every kind and nature, known and
unknown, arising out of a dispute between you and a third party (including
other Users) in connection with the Services or any event listed on the
Services. In addition, you waive any applicable law or statute, which says, in
substance: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE RELEASING PARTY
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 RELEASED PARTY.”
6.2 Indemnification. You agree to defend, indemnify and
hold DegyTix and each of its and their respective officers, directors, agents,
co-branders, licensors, payment processing partners, other partners and
employees, harmless from any and all damage (whether direct, indirect, incidental,
consequential or otherwise), loss, liability, cost and expense (including,
without limitation, reasonable attorneys’ and accounting fees) resulting from
any claim, demand, suit, proceeding (whether before an arbitrator, court,
mediator or otherwise) or investigation made by any third party (each a
“Claim”) relating to or arising out of: (a) your breach of these Terms
(including any terms or agreements or policies incorporated into these Terms);
(b) your use of the Services in violation of these Terms or other policies we
post or make available; (c) your breach of any applicable local, state,
provincial, national or other law, rule or regulation or the rights of any
third party; (d) DegyTix’s collection and remission of taxes; and (e) if you
are an Organizer, your events (including where DegyTix has provided Services
with respect to those events), provided that in the case of (e) this
indemnification will not apply to the extent that the Claim arises out of
DegyTix’s gross negligence or willful misconduct. DegyTix will provide notice
to you of any such Claim, provided that the failure or delay by DegyTix in
providing such notice will not limit your obligations hereunder except to the
extent you are materially prejudiced by such failure. Also, in certain
circumstances, DegyTix may choose to handle the Claim ourselves, in which case
you agree to cooperate with DegyTix in any way we request.
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7. Disclaimer of Warranties and Assumption of Risks by You
We strive to provide Services in the way you need them, but
there are some things it is important for you to understand that we cannot
promise.
To the extent permitted by applicable laws, the Services
are provided on an “as is” and “as available” basis. DegyTix expressly
disclaims all warranties of any kind, express or implied, including, but not
limited to, implied warranties of merchantability, title, non-infringement and
fitness for a particular purpose. For example, DegyTix makes no warranty that
(a) the Services (or any portion of the Services) will meet your requirements
or expectations; (b) the Services will be uninterrupted, timely, secure, or
error-free; or (c) the results that may be obtained from the use of the
Services will be accurate or reliable.
You acknowledge that DegyTix has no control over and does
not guarantee the quality, safety, accuracy or legality of any event or Content
associated with an event, the truth or accuracy of any information provided by
Users (including the Consumer’s personal information shared with Organizers in
connection with events) or the ability of any User to perform or actually
complete a transaction. DegyTix has no responsibility to you for, and hereby
disclaims all liability arising from, the acts or omissions of any third
parties that DegyTix requires to provide the Services, that an Organizer
chooses to assist with an event, or that you choose to contract with when using
the Services.
You understand and agree that some events may carry
inherent risk, and by participating in those events, you choose to assume those
risks voluntarily. For example, some events may carry risk of illness, bodily
injury, disability, or death, and you freely and willfully assume those risks
by choosing to participate in those events.
The foregoing disclaimers apply to the maximum extent
permitted by law. You may have other statutory rights. However, the duration of
statutorily required warranties, if any, will be limited to the maximum extent
permitted by law.
8. Limitation of Liability
8.1 To the extent permitted by applicable laws, or as
otherwise set forth herein, DegyTix and any person or entity associated with
DegyTix’s provision of the Services (e.g., an affiliate, vendor, strategic
partner or employee) (“Associated Parties”), will not be liable to you or any
third party, for: (a) any indirect, incidental, special, consequential,
punitive or exemplary damages, including, but not limited to, damages for loss
of profits, goodwill, use, data, opportunity costs, intangible losses, or the
cost of substitute services (even if DegyTix has been advised of the
possibility of such damages); or (b) Your Content. In addition, other than the
obligation of DegyTix to pay out Event Registration Fees in certain
circumstances to certain organizers under the Merchant Agreement, and only in
accordance with the terms therein, the maximum aggregate liability of DegyTix
or Associated Parties is limited to the following:
(i) for Organizers of events with paid tickets, and subject
to the terms of the Merchant Agreement, the fees (net of DegyTix Payment
Processing Fees) that you paid us in the three (3) month period immediately
preceding the circumstances giving rise to your claim; and (ii) for Organizers
of events with free tickets only, Consumers or other Users, (1) the total
amount of all tickets or registrations that you purchased or made through the
Services in the three (3) month period immediately preceding the circumstances
giving rise to your claim; or (2) if you made no such purchases, one hundred
U.S. dollars (US $100).
8.2 Nothing in these Terms is intended to exclude or limit
any condition, warranty, right or liability which may not be lawfully excluded
or limited. Some jurisdictions do not allow the exclusion of certain warranties
or conditions or the limitation or exclusion of liability for loss or damage
caused by willful acts, negligence, breach of contract or breach of implied
terms, or incidental or consequential damages. Accordingly, only those
liability and other limitations which are lawful in your jurisdiction (if any)
will apply to you and our liability is limited to the maximum extent permitted
by law.
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9. IMPORTANT: BINDING ARBITRATION AND CLASS ACTION WAIVER
PROVISIONS.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR
RIGHTS. ANY DISPUTE OR CLAIM UNDER THESE TERMS OR WITH RESPECT TO THE SERVICES
WILL BE SETTLED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT (TO THE EXTENT
THE CLAIM QUALIFIES) AND WILL TAKE PLACE ON AN INDIVIDUAL BASIS ONLY; YOU AGREE
THAT CLASS, CONSOLIDATED OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE
NOT PERMITTED AND ANY RIGHTS TO BRING SUCH ACTIONS ARE WAIVED BY EACH PARTY.
The parties understand that, absent this mandatory
provision, they would have the right to sue in court and have a jury trial.
They further understand that, in some instances, the costs of arbitration could
exceed the costs of litigation and the right to discovery may be more limited
in arbitration than in court.
(a) Contact Us First. If you have a question or concern
about the Services, please contact us at tickets@degy.com first. Our
customer support team will try to answer your question or resolve your concern.
(b) Agreement to Arbitrate. In the unlikely event that our
customer support team is unable to resolve your concerns, the parties (you and
we) each hereby agree to resolve any and all disputes or claims under these
Terms, with respect to the Services, or related to our relationship through
binding 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. In no event may either we or you seek to resolve a dispute
with the other as part of any purported class, consolidated or representative
proceeding. Binding arbitration is subject to very limited review. Only the
arbitrator appointed pursuant to this Section, and not any federal, state or
local court will have the authority to resolve any dispute or claim relating to
this Section including, without limitation, regarding the scope, enforceability
and arbitrability of these Terms. This arbitration provision will survive
termination of these Terms. These Terms evidence a transaction in interstate
commerce and the interpretation and enforcement of this Section 9 is governed
by the Federal Arbitration Act, notwithstanding the choice of law set forth in
Section 9(h) below.
(c) Scope of Agreement. This agreement to arbitrate is
intended to be broadly interpreted as to legal disputes between you and us. It
includes, but is not limited to: (i) all claims arising out of or relating to
any aspect of the relationship between us, whether based in contract, tort,
statute, fraud, misrepresentation or any other legal theory; (ii) all claims
that arose before this or any prior agreement (including, but not limited to,
claims relating to advertising); and (iii) all claims that may arise after
termination of these Terms and/or your use of the Services.
(d) Exceptions. Notwithstanding this Agreement to
arbitrate, either party may (i) bring an action on an individual basis in small
claims court (to the extent the applicable claim qualifies); or (ii) bring
enforcement actions, validity determinations or claims arising from or relating
to theft, piracy or unauthorized use of intellectual property in state or
federal court in the U.S. Patent or Trademark Office to protect its
Intellectual Property Rights (“Intellectual Property Rights” means patents,
copyrights, moral rights, trademarks, and trade secrets, but not privacy or
publicity rights). In addition, the portion of any dispute or complaint
relating to our participation in the US-EU or US-Swiss Privacy Shield
Frameworks is subject to the Dispute Resolution section of our Privacy Policy
before being subject to this Section.
(e) No Class Actions. YOU AND DEGYTIX AGREE THAT EACH MAY
BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT
AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR
REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE
PERSON’S CLAIMS, MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR
REPRESENTATIVE PROCEEDING AND MAY ONLY PROVIDE RELIEF IN FAVOR OF THE
INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE
RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
(f) Notice of Dispute. A party who intends to seek
arbitration must first send to the other a written Notice of Dispute
(“Notice”). The Notice to DegyTix must be addressed to the following address
(“Notice Address”) and must be sent by certified mail: DegyTix, Inc., Attn:
Legal Department, 9826 Montpellier Dr., Delray Beach, FL 33446, USA. Notice to
you will be addressed to a mailing, home or payment address currently on record
with DegyTix and must be sent by certified mail. If DegyTix has no records of
such physical address, such notice may be delivered to your DegyTix account
email address. The Notice must (i) describe the nature and basis of the claim
or dispute; and (ii) set forth the specific relief sought. If DegyTix and you
do not reach an agreement to resolve the claim within sixty (60) calendar days
after the Notice is received, you or DegyTix may commence an arbitration
proceeding.
(g) Arbitration Proceedings. The arbitration will be
governed by the Commercial Arbitration Rules, or,
if the actions giving rise to the dispute or claim relate to your personal or
household use of the Services (rather than business use), the Consumer Arbitration Rules (in each case, the
“AAA Rules”) of the American Arbitration Association (“AAA”), as modified by
this Section 9, and will be administered by the AAA and settled by a single
arbitrator. (The AAA Rules are also available by calling the AAA at 1-800-778-7879.)
All issues in dispute between the parties are for the arbitrator to decide,
including, but not limited to, issues relating to the scope, enforceability,
and arbitrability of this Section 9.
(h) Location of Arbitration Proceedings. If you are a
Consumer, any arbitration hearings will take place (at your option) either in
the county of your residence or by phone, except that is you are a Consumer
whose residence is outside of the United States, the hearing will take place
either in Delray Beach, FL or by phone or videoconference, at your option
and as permitted by the AAA Rules. If you are a business (i.e., your use of the
Services were for commercial use), then unless DegyTix and you agree otherwise,
any arbitration hearings will take place in a reasonably convenient location in
the United States for both parties with due consideration of their ability to
travel and other pertinent circumstances. If the parties are unable to agree on
a location, AAA will determine the location. If your claim is for ten thousand
dollars ($10,000) or less, we agree that you may choose whether the arbitration
will be conducted solely on the basis of documents submitted to the arbitrator,
through a telephonic hearing, or by an in-person hearing as established by the
AAA Rules. If your claim exceeds ten thousand dollars ($10,000), the right to a
hearing will be determined by the AAA Rules. Regardless of the manner in which
the arbitration is conducted, the arbitrator will issue a reasoned written
decision sufficient to explain the essential findings and conclusions on which
the award is based. All decisions by the arbitrator will be final and binding
and judgment on the award rendered may be entered in any court having
jurisdiction.
(i) Costs of Arbitration; Legal Fees. i. Payment of Costs
and Expenses. Payment of all filing, administration, and arbitrator costs and
expenses imposed by AAA will be governed by the AAA rules, provided that if you
are initiating an arbitration against DegyTix and the value of the relief
sought is ten thousand dollars ($10,000) or less, then DegyTix will advance all
filing, administrative and arbitration costs and expenses imposed by AAA
(subject to reimbursement as set forth below). Further, if the circumstances in
the preceding sentence apply and your claim arises from your use of the
Services as a Consumer, but the value of relief sought is more than ten
thousand dollars ($10,000) and you demonstrate to the arbitrator that such
costs and expenses would be more expensive than a court proceeding, then
DegyTix will pay the amount of any such costs and expenses. In the event that
the arbitrator determines that all of the claims you assert in arbitration are
frivolous according to Federal Rule of Civil Procedure 11, you agree to
reimburse DegyTix for all such cost and expenses that DegyTix paid and that you
would have been obligated to pay under the AAA rules.
ii. Payment of Legal Fees. Just as in any court proceeding,
each party will initially bear its own attorneys’ fees and expenses in
connection with any arbitration. Should either party be determined to have
substantially prevailed in the arbitration, then upon such party’s request, the
arbitrator will award such prevailing party the reasonable attorneys’ fees and
expenses that it incurred in connection with the arbitration, provided that to
the extent that the dispute or claim relate to your personal or household use
of the Services (rather than business use) DegyTix will not seek to recover its
attorneys’ fees and expenses in an arbitration initiated by you. The arbitrator
may make rulings and resolve disputes as to the reimbursement of attorneys’
fees and expenses upon request from either party made within fourteen (14) days
of the arbitrator’s ruling on the merits.
(j) Future Changes. Notwithstanding any provision in these
Terms to the contrary, you and DegyTix agree that if DegyTix makes any future
change to this arbitration provision (other than a change to the Notice
Address) DegyTix will provide you with notice of such change and you may reject
any such change by sending us written notice within thirty (30) calendar days
of the change to the Notice Address provided above. By rejecting any future
change, you are agreeing that you will arbitrate any dispute between us in
accordance with the language of this provision as unmodified by such rejected
change.
(k) Special Severability. In the event that any provisions
of this Section 9 are found to be invalid or unenforceable for any dispute or
claim, then, the entirety of this Section 9 will be null and void with respect
to such dispute or claim and Section 23 will apply in lieu of this Section 9.
(l) Opt Out. You have the right to opt out and not be bound
by the arbitration or class action waiver provisions set forth above by sending
(from the email address we associate with you as a User) written notice of your
decision to opt-out to ebmail{tickets@degy.com=>mailto:tickets@degy.com?subject=ARBITRATION
AND CLASS ACTION WAIVER OPT-OUT&body=Add your request here.}, with the
subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be
sent within thirty (30) days of your first use of the Services or your
agreement to these Terms (whichever is later); otherwise, you will be bound to
arbitrate disputes in accordance with the terms of those paragraphs. Note that
if you opt out of these arbitration provisions, DegyTix also will not be bound
by them.
10. License to the DegyTix Services
10.1 License to Services. We grant you a limited,
non-exclusive, non-transferable, non-sublicensable (except to sub-Users
registered via the Services), revocable right to use our Services solely to (a)
browse the Services and search for, view, register for or purchase tickets or
registrations to an event listed on the Services; and/or (b) create event
registration, organizer profile and other webpages to promote, market, manage,
track, and collect sales proceeds for an event. Your use of the Services must be
in compliance with these Terms and in compliance with all applicable local,
state, provincial, national and other laws, rules and regulations. In addition,
by using any search functionality or address auto-population tools, you are
bound by the Google Maps/Google Earth Additional
Terms of Service (including the Google Privacy Policy).
10.2 Restrictions on Your License. Without limitations on
other restrictions, limitations and prohibitions that we impose (in these Terms
or elsewhere), you agree you will not 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; (c) rent, lease, resell, distribute, use the
Services for other commercial purposes not contemplated or otherwise exploit
the Services in any unauthorized manner; (d) remove or alter any proprietary
notices on the Services; or (e) engage in any activity that interferes with or
disrupts the Services.
10.3 Our Intellectual Property and Copyrights. You agree
that all Site Content may be protected by copyrights, trademarks, service
marks, trade secrets or other intellectual property and other proprietary
rights and laws. DegyTix may own the Site Content or portions of the Site
Content may be made available to DegyTix through arrangements with third
parties. Site Content included in or made available through the Services is the
exclusive property of DegyTix and is protected by copyright laws. You agree to
use the Site Content only for purposes that are permitted by these Terms and
any applicable local, state, provincial, national or other law, rule or
regulation. Any rights not expressly granted herein are reserved.
10.4 Trademarks. The trademarks, service marks and logos of
DegyTix (the “DegyTix Trademarks”) used and displayed in connection with the
Services are registered and unregistered trademarks or service marks of
DegyTix. Other company, product and service names used in connection with the
Services may be trademarks or service marks owned by third parties (the “Third
Party Trademarks,” and, collectively with DegyTix Trademarks, the
“Trademarks”). The offering of the Services will not be construed as granting,
by implication, estoppel, or otherwise, any license or right to use any
Trademark displayed in connection with the Services without the prior written
consent of DegyTix specific for each such use. The Trademarks may not be used
to disparage DegyTix, any third party or DegyTix’s or such third party’s
products or services, or in any manner that may damage any goodwill in the
Trademarks. Use of any Trademarks as part of a link to or from any site is
prohibited unless DegyTix approves the establishment of such a link by prior
written consent specific for each such link. All goodwill generated from the
use of any DegyTix Trademark will inure to DegyTix’s benefit. A number of
issued patents and patents pending apply to the Services. Site Content may also
be protected by copyrights owned by DegyTix and/or third parties. Please note
that if you copy portions of the Services you are violating these patent rights
and copyrights.
10.5 Use of Sub-domains. DegyTix may provide you with the
right to use a sub-domain within the Site (e.g., [sub-domain
prefix].degytix.com) for a given event. All such sub-domains are the sole
property of DegyTix and we reserve the right to determine the appearance,
design, functionality and all other aspects of such sub-domains. In the event
DegyTix provides you with a sub-domain, your right to use such sub-domain will
continue only for so long as your event is actively selling on the Services and
you are in compliance with the Terms, including without limitation, these Terms
of Service. If DegyTix terminates your right to use a sub-domain for any other
reason, it will provide you with a new sub-domain.
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11. Licenses and Permits Organizers Must Obtain
If you are an Organizer, without limiting the generality of
any representations or warranties provided elsewhere in these Terms of Service,
you represent and warrant to us that:
(a) You and your affiliates will obtain, prior to the start
of ticket sales, all applicable licenses, permits, and authorizations
(individually and collectively, “Licensure”) with respect to events hosted by
you or your affiliates on the Services. Licensure includes but is not limited
to property operation permits and fire marshal permits;
(b) You and your affiliates will comply, and will ensure
that the venues for each event hosted by you or your affiliates on the Services
will comply, with all applicable laws, regulations, rules and ordinances;
(c) You will only request that DegyTix offer tickets to an
event after you have obtained any specific Licensures for such event,
including, but not limited to, any state, county, municipal or other local
authority’s authorization of the event, traffic engineering authorizations,
fire department inspection reports, authorization to receive minors (if
applicable), sanitary authorization (if applicable), and any other potential
applicable authorization; and (d) you and your affiliates will maintain in
force throughout the term of access to the Service the applicable Licensure for
organizer to promote, produce, sponsor host and sell tickets for all events
hosted by you or your affiliates on the Services
(d) Without limiting the generality of any release provided
under these Terms of Service, as a material inducement to DegyTix permitting
you to access and use the Services, you hereby agree to release DegyTix, and
its affiliates and subsidiaries, and each of its and their respective parent
companies, subsidiaries, officers, affiliates, representatives, shareholders,
contractors, directors, agents, partners and employees from all damages
(whether direct, indirect, incidental, consequential or otherwise), losses,
liabilities, costs and expenses of every kind and nature, including, without
limitation, attorneys’ fees, known and unknown, arising out of or in any way
connected with your or your affiliates’ Licensure, any failure to obtain or
maintain any Licensure, or any error in obtaining or maintaining any Licensure.
(e) Without limiting your indemnification obligations
elsewhere under these Terms of Service, you agree to defend, indemnify and hold
DegyTix, and its affiliates and subsidiaries, and each of its and their
respective officers, directors, agents, co-branders, licensors, payment
processing partners, other partners and employees, harmless from any and all
damage (whether direct, indirect, incidental, consequential or otherwise),
loss, liability, cost and expense (including, without limitation, reasonable attorneys’
and accounting fees) resulting from any Claim due to or arising out of your or
your affiliates’ Licensure, any failure to obtain or maintain any Licensure, or
any error in obtaining or maintaining any Licensure. You agree to provide
evidence of Licensure and related information prior to offering tickets or
registrations for events on the Site and promptly upon the reasonable request
of DegyTix from time to time.
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13. Scraping or Commercial Use of Site Content is
Prohibited
The Site Content is not intended for your commercial use.
You have no right to use, and agree not to use, any Site Content for your own
commercial purposes. You have no right to, and agree not to scrape, crawl, or
employ any automated means to extract data from the Site(s).
14. Fees and Refunds.
14.1 Fees That We Charge. Creating an account, listing an
event and accessing the Services are free. However, we charge fees when you
sell or buy paid tickets or registrations. These fees may vary based on
individual agreements between DegyTix and certain Organizers. Organizers
ultimately determine whether these fees will be passed along to Consumers and
shown as “Fees” on the applicable event page or absorbed into the ticket or
registration price and paid by the Organizer out of ticket and registration gross
proceeds. The fees charged to Consumers may include certain other charges,
including without limitation, facility fees, royalties, taxes, processing fees
and fulfillment fees. Therefore, the fees paid by Consumers for an event are
not necessarily the same as those charged by DegyTix to the applicable Organizer
or the standard fees described on the Services to Organizers. In addition,
certain fees are meant, on average, to defray certain costs incurred by
DegyTix, but may in some cases include an element of profit and in some cases
include an element of loss. DegyTix 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.
14.3 Refunds. Because all transactions are between an
Organizer and its respective attendees, DegyTix asks that all Consumers contact
the applicable Organizer of their event with any refund requests. There are no refunds available from DegyTix, the purchaser must
contact the organizer of the event to request a refund. Should the event
organizer request the refund from DegyTix, a refund of DegyTix fees charged
will NOT OCCUR. DegyTix Fees are NOT REFUNDABLE.
(a) If you are a Consumer, you acknowledge that should you
receive a refund for your ticket, you will discard any ticket that we or any
Organizer has delivered, and will not use it (or any copy of it) to attend the
event. Violation of the foregoing constitutes fraud. You acknowledge that the
applicable procedure to check the validity of the ticket must always be
followed. DegyTix will not be held liable under any circumstances for any costs
arisen from non-compliance by Organizers with applicable procedures that must
be implemented by Organizers to check validity of tickets. DegyTix will not be
held liable under any circumstances for costs and/or damage associated with
tickets arisen from situations with fraud and/or for damage associated with the
purchase of the ticket through non-official means, such as third parties.
(b) If you are an Organizer, you acknowledge that the
applicable procedure to check the validity of the ticket must always be
followed. DegyTix will not be held liable under any circumstances for any costs
arisen from non-compliance by Organizers with applicable procedures that must
be implemented by Organizers to check validity of tickets. DegyTix will not be
held liable under any circumstances for costs and/or damage associated with
tickets arisen from situations with fraud and/or for damage associated with the
purchase of the ticket through non-official means, such as third parties.
15-16
15. Your Account with DegyTix We may require you to create
an account to access certain features or functions of the Services. You agree
to follow certain rules when you create an account with DegyTix or use the
Services, including the following:
- You must be at
least 18 years of age, or the legal age of majority where you reside, to
use the Services. If you are 13 or older, you may only use the Services
under the supervisions of a parent or legal guardian who manages your use
and/or account. However, if you are under 13, please do not provide us
with any information about yourself.
- You agree to
provide true, accurate, current and complete information about yourself,
or if you are using the Services on behalf of an entity, the entity (the
“Registration Data”). You also agree to update this Registration Data if
it changes.
- If there is a
dispute between two or more persons or entities as to account ownership,
DegyTix will be the sole arbiter of that dispute and DegyTix’s decision
(which may include termination or suspension of the account) will be final
and binding on those parties.
- If you are
using the Services on behalf of a company or other entity, you represent
and warrant that you have the authority to legally bind that entity and
grant DegyTix all permissions and licenses provided in these Terms.
- We may provide
you the ability to implement certain permission within your account to
third parties including, “sub-users,” “sub-accounts,” or other
credentialed account users. If we do so, you agree that you are solely
responsible for all activity that occurs under your account (including
actions by sub-users), so you must maintain the confidentiality of your
password and account details. You likewise agree that all rules applicable
to your account will apply to all third parties to whom you grant access to
your account.
- You agree to
immediately notify DegyTix of any unauthorized use of your password or
account or any other breach of security. You are responsible for (and we
will hold you responsible for) any activities that occur under your
account.
- You agree to
not use our services to collect any sensitive personal information, such
as health information (including “protected health information” as defined
in 45 C.F.R. §160.103), social security numbers, financial information,
payment card numbers, driver’s license numbers, and passport numbers,
unless otherwise permitted by these Terms or DegyTix has consented to such
collection in writing.
17-18
17. Your Content.
17.1 License. DegyTix does not make any claim to Your
Content. However, you are solely responsible for Your Content. You hereby grant
DegyTix a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
transferable, sublicensable right and license to access, use, reproduce,
transmit, adapt, modify, perform, display, distribute, translate, publish and
create derivative works based on Your Content, in whole or in part, in any
media, for the purpose of operating the Services (including DegyTix’s promotional
and marketing services, which may include without limitation, promotion of your
event on a third party website), and you hereby waive any and all moral right
to use the name you submit with Your Content. Notwithstanding the foregoing,
DegyTix does not claim, and you do not transfer, any ownership rights in any of
Your Content and nothing in these Terms of Service will restrict any rights
that you may have to use and exploit Your Content outside of the Services.
17.2 Your Representations About Your Content. You represent
and warrant that you have all the rights, power and authority necessary to
grant the foregoing license, and that all Your Content (a) does not infringe,
violate, misappropriate or otherwise conflict with the rights of any third
party; (b) complies with all applicable local, state, provincial, national and
other laws, rules and regulations; and (c) does not violate these Terms.
17.3 Additional Rules About Your Content. Your Content must
be accurate and truthful. DegyTix reserves the right to remove Your Content
from the Services if DegyTix believes in its sole discretion that it violates
these Terms, our community guidelines. , or for any other reason. DegyTix may
use your name and logo (whether or not you have made it available through the
Services) for the purpose of identifying you as an existing or past customer of
DegyTix both on the Services and in marketing, advertising and promotional
materials. We likewise may preserve Your Content and account information and
may also disclose Your Content and account information if required to do so by
law or in the good faith belief that such preservation or disclosure is
reasonably necessary to (a) comply with legal process; (b) respond to claims
that any of Your Content violates the rights of third parties; (c) enforce or
administer the Terms of Service, including without limitation, these Terms of
Service; and/or (d) protect the rights, property and/or personal safety of
DegyTix, its users and/or the public, including fraud prevention. You
understand that the technical processing and transmission of the Services,
including Your Content, may involve transmissions over various networks and/or
changes to conform and adapt to technical requirements of connecting networks
or devices.
18. Rules for Use of Email Tools
18.1 DegyTix 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”). If you use Email Tools, you represent
and agree that:
(a) you have the right and authority to send emails to the
addresses on your recipient list and such addresses were gathered in accordance
with email marketing regulations in the recipient’s country of residence;
(b) your emails are not sent in violation of any privacy
policy under which the recipient emails were gathered;
(c) you will use the Email Tools in compliance with all
applicable local, state, provincial, national and other laws, rules and
regulations, including those relating to spam and email, and including without
limitation, the U.S. CAN-SPAM Act, the Canadian CASL, and the EU GDPR and
e-privacy directive;
(d) you will only use the Email Tools to advertise, promote
and/or manage a bona fide event listed on the Services;
(e) your use of the Email Tools and the content of your
emails complies these Terms;
(f) you will not use false or misleading headers or
deceptive subject lines in emails sent using the Email Tools;
(g) you will respond immediately and in accordance with
instructions to any Consumer sent to you by DegyTix requesting you modify such
Consumer’s email preferences;
(h) you will provide an accessible and unconditional
unsubscribe link for inclusion in every email where one is required, and you
will not send any emails to any recipient who has unsubscribed from your
mailing list.
18.2 If you violate any of these Email Tools rules or 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 cause
disruption to the Services, DegyTix may (without limitation of any other legal
or contractual remedies it has) limit or suspend your access to the Email
Tools.
19-20
19. Notices Notices to you may be sent via email or regular
mail to the address in DegyTix’s records. The Services may also provide notices
of changes to these Terms or other matters by displaying notices or links to
notices to you generally on the Services. If you wish to contact DegyTix or
deliver any notice, you can do so at 9826 Montpellier Dr., Delray Beach, FL
33446
20. Modifications to the Terms or Services DegyTix reserves
the right to modify these Terms from time to time (collectively,
“Modifications”). If we believe the Modifications are material, we will inform
you about them by doing one (or more) of the following (a) posting the changes
through the Services; (b) updating the “Updated” date at the top of this page;
or (c) sending you an email or message about the Modifications. Modifications
that are material will be effective thirty (30) days following the “Updated”
date or such other date as communicated in any other notice to you.
Modifications that are simply addressing new functions we add to the Services
or which do not impose any additional burdens or obligations on you will be
effective immediately. You are responsible for reviewing and becoming familiar
with any Modifications. Your continued use of the Services following
Modifications constitutes your acceptance of those Modifications and the
updated Terms. In certain circumstances, DegyTix may seek a Modification to
these Terms that will only apply to you. This type of Modification must be
accomplished by way of a written or electronic document signed by you and an
authorized officer of DegyTix. DegyTix is constantly evolving our products and
services to better meet the needs of our Users. Because of this, we cannot
guarantee the availability of certain product features or functionality.
DegyTix reserves the right modify, replace or discontinue any part of the
Services or the entire Service.
21-22
21. Assignment. We may, without your consent or approval,
freely assign these Terms and our rights and obligations under these Terms
whether to an affiliate or to another entity in connection with a corporate
transaction or otherwise.
22. Entire Agreement Except as otherwise set forth herein,
these Terms constitute the entire agreement between you and DegyTix and govern
your use of the Services, superseding any prior or contemporaneous agreements,
proposals, discussions or communications between you and DegyTix on the subject
matter hereof, other than any written agreement for Services between you and an
authorized officer of DegyTix relating to a specified event or events.
23-24
23. Applicable Law and Jurisdiction These Terms are
governed by the laws of the State of Florida, without regard to its conflict of
laws rules. These laws will apply no matter where in the world you live. But if
you live outside of the United States, you may be entitled to the protection of
the mandatory consumer protection provisions of your local consumer protection
law. DegyTix is based in Delray Beach, Florida, and any legal action against
DegyTix related to our Services and that is not precluded by the arbitration
provisions in these Terms must be filed and take place in Palm Beach County,
Florida. Thus, for any actions not subject to arbitration, you and DegyTix
agree to submit to the personal jurisdiction of the federal or state courts (as
applicable) located in Palm Beach County, Florida.
24. Feedback We welcome and encourage you to provide
feedback, comments and suggestions for improvements to the Services
(“Feedback”). Any Feedback you submit to us will be considered non-confidential
and non-proprietary to you. By submitting Feedback to us, you grant us a
non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual
license to use and publish those ideas and materials for any purpose, without
compensation to you.
25-26
25. Third Party Websites; Linked Accounts; Third Party
Offers The Services may provide, or Users may provide, links to other Internet
websites or resources. Because DegyTix has no control over such websites and
resources, you acknowledge and agree that DegyTix 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, offers, 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 DegyTix partners or third party service providers. For example,
if you purchase ticket insurance on DegyTix from a third party, your
contractual relationship is with the third party ticket insurance provider, not
DegyTix.
26. Additional Miscellaneous Provisions Our failure to
enforce any part of these Terms will not constitute a waiver of our right to
later enforce that or any other part of these Terms. No oral waiver, amendment
or modification of these Terms will be effective. If any provision of these
Terms is found to be unenforceable, that part will be limited to the minimum
extent necessary and the other provisions of these Terms remain in full force
and effect. Section titles in these Terms are for convenience and have no legal
or contractual effect. No independent contractor, agency, partnership, joint
venture or other such relationship is created by these Terms. We may freely
assign any of our rights and obligations under these Terms. We may translate
these Terms into other languages for your convenience. If there is a conflict
between the English version and a translated version, the English version will
control.
