This ticketing services agreement (“Agreement”) is intended as a legally binding agreement between TicketsCandy (“Company,” “TicketsCandy,” “We,” “Us,” or “Our”), and you, a person, organization or other entity (“Organizer,” or “You” or “Your”), collectively known as the “Parties”.
TicketsCandy provides tools and functionality for tickets, reservations, memberships, admissions, and/or confirmations (“Ticketing Solution”) that allow the ticket holder or purchaser (“Customer”) attendance at, access to, or participation in, events, venues and other activities (“Event”).
This agreement shall have the same legal effect and force as a written and signed document. If you do not agree to all of the terms and conditions, we will cancel our collaboration and you will not be able to use our services. We reserve the right to decline your request for services for any reason and without notice.
TicketsCandy shall provide the following services (“Services”) under this Agreement:
1. Display and list Your Event on TicketsCandy’s website.
2. Build You, if needed, a one-page website (“Our Website”) that can be hosted at our or your hosting provider, and connect it to our or your domain name. Since TicketsCandy is not the creator, organizer or owner of the events that will be listed on Our Website, the Organizer is solely responsible for ensuring that any information displayed on Our Website meets all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the site are delivered as described and in an accurate satisfactory manner.
3. Connect Our Website, or Your website, if you already have one, to Our Ticketing Solution.
4. Accept and process online orders for tickets to Your Event. Let you manage your tickets and Events through Our Ticketing Solution.
5. Provide an accounting to You of Our fees and charges for each ticket sold by us.
TicketsCandy charges 0.9% service fee (Service Fee) for each order that includes a ticket, registration or other item sold via Our Services. The Service Fee applies towards the total order amount processed using Our Services. We will invoice you for all applicable Service Fees from Your booking revenue as stated in this Agreement. Inability to pay the Service Fee will result in termination of Our Services.
Our Service Fee does not include other fees from 3rd party providers that will be required to build the Organizers’ website or for its different operations. Such 3rd party fees might include, but not limited to, fees for merchant or payment gateway services, domain names, SSL certificates, webmail, marketing tools and so on.
The Organizers must use a 3rd party payment processing method that we will connect to Our Ticketing Solution.
You will collect all monies directly from Customers and agree to accept sole responsibility for providing refunds at your own discretion. TicketsCandy will not be responsible or liable for any refunds (or the lack thereof) or chargebacks.
In no event are TicketsCandy Service Fees refundable, and such fees will be deducted or charged in accordance with the next sentence without regard to whether you issue a refund to Your Customers.
The amount owed to us will be automatically deducted or charged, as applicable, weekly in connection with delivery of your invoice: 1. from your bank account, 2. from Your PayPal account, or 3. to your credit card on file. In the event that payment fails twice, TicketsCandy will suspend access to the Services and no further tickets will be sold to Your Event until full payment on outstanding invoices has been received.
You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on Our Website. You will not hold us liable if You do not comply with laws related to Your transactions. We may provide law enforcement with information You provide to us related to Your transactions to assist in any investigation or prosecution of You. If We are unable to verify or authenticate any information You provide during any registration, ordering, purchase, ticket posting, sale, authentication, delivery, payment or remittance process, or any other process, or if We are no longer able to verify or authorize Your credit card or bank account information, Your Services may be cancelled.
It is Your responsibility to communicate your refund policy to Customers. All communications or disputes regarding refunds are between the Organizer and the Customer, and TicketsCandy will not be liable for any decision to issue or not issue refunds.
Organizers are responsible for (and will indemnify and hold harmless TicketsCandy against) all taxes or other governmental charges associated with Your Event or Your sale of tickets through the Services (excepting taxes based on TicketsCandy’s net income). For example, some states may charge an amusement or other tax on certain types of Events. It is your responsibility to know if any applicable laws apply to you and to adjust the ticket price accordingly to account for your payment of these taxes.
When submitting Your Event to TicketsCandy to use Our Services, it is your responsibility to provide to us 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 you upon submission to us. It is your responsibility to ensure that said restriction is lawful and does not violate any federal, state, or local laws, or any applicable foreign laws, prior to submitting the Event to Us. It is also your responsibility to verify that all customers can be admitted to Your Event.
You represent and warrant the following: 1. You are a producer, promoter, presenter, or manager of the Event; 2. You have the authority and right to offer, sell, and honor the tickets to the Event sold on Our Website or by using one of Our Services; 3. the Event itself and any material or content provided by You to Us for use on Our Website is/are not (and does not contain, promote, or link to material or content that is) pornographic, defamatory, grossly offensive, harassing, malicious, illegal, or otherwise objectionable, and do not infringe or violate (or contain, promote or link to material or content that infringes or violates) the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; and 4. The Event and the sale of tickets to the Event does not constitute a violation of any federal, state, and/or local law.
MISREPRESENTATION OF EVENT
The Event must be accurately and truthfully described when an Organizer submits the Event information to TicketsCandy to be posted on Our Website. If we discover and determine, in our sole discretion, that you misrepresented the Event, We will cancel Our Services and reserve the right to take other actions or pursue additional remedies as permitted by law.
EVENT CANCELLATIONS AND OTHER EVENT CHANGES
If Your Event is cancelled and not rescheduled, we will remove the Event and any listings related to the Event from Our Site and ticketscandy.com. Other event changes: TicketsCandy is not responsible for partial performances, venue, and line-up or time changes.
DISCLAIMER OF WARRANTIES
We provide Our Site, ticketscandy.com and the content to you “as is” and “as available”. We try to keep Our Websites and ticketscandy.com up, bug-free and safe, but you use it at your own risk. To the fullest extent permissible by law, and to the extent that applicable law permits the disclaimer of express or implied warranties, We disclaim all warranties, express or implied, including any warranty of title, non-infringement, accuracy, merchantability, fitness for a particular purpose, or warranties that may arise from course of dealing or course of performance or usage of trade. We do not guarantee that Our Site and ticketscandy.com will always be safe, secure or error-free or that Our Site and ticketscandy.com will always function without disruptions, delays or imperfections. We are not responsible for the actions or information of third parties, and You release us from any claims and damages, known and unknown, arising out of or in any way connected with any claim You have against any such third parties.
LIMITATION OF LIABILITY
In no event will We or Our providers, suppliers, advertisers and sponsors, be responsible or liable to You or anyone else for, and You hereby knowingly and expressly waive all rights to seek, direct, indirect, incidental, special or consequential damages of any type other than out of pocket expenses, and any rights to have damages multiplied or otherwise increased, arising out of or in connection with Our Site, ticketscandy.com, the content, or any product or service purchased through ticketscandy.com, even if we have been advised of the possibility of such damages, and regardless of whether the claim is based upon any contract, tort, or other legal or equitable theory.
Without limiting the foregoing, You expressly acknowledge and agree that We will have no liability or responsibility whatsoever for (a) any failure of another user of Our Site or ticketscandy.com to conform to the codes of conduct, (b) personal injury or property damage, of any nature whatsoever, whether arising in contract or in tort, resulting from Your access to and use of Our Site and ticketscandy.com, (c) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (d) any bugs, viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature which may be transmitted to or through Our Site and ticketscandy.com, (e) any errors, mistakes, inaccuracies or omissions in any content, or (f) any lost, stolen or damaged tickets, or the failure of a venue to honor a ticket.
Your sole and exclusive remedy for dissatisfaction with Our Site and ticketscandy.com is to stop using Our Site or ticketscandy.com. The limitations in this section will apply even if any limited remedy fails of its essential purpose. The allocation of risk between us is an essential element of the basis of the bargain between us. Our aggregate liability arising out of these terms or the use of Our Site and ticketscandy.com will not exceed the greater of one hundred dollars ($100) or the amount You have paid Us in the past twelve months.
In no event will attorneys’ fees be awarded or recoverable. Our liability will be limited under this paragraph to the fullest extent permitted by applicable law, and the provisions of this paragraph will not apply to the extent applicable law permits the recovery of damages, attorneys’ fees or costs otherwise prohibited under this paragraph. The provisions of this paragraph that (a) prohibit damages to be multiplied or otherwise increased, (b) impose a damages limitation of the greater of one hundred dollars ($100) or the amount you have paid Us in the past twelve months, and (c) prohibit the recovery of attorneys’ fees and costs, do not apply in certain states, including without limitation California, to claims brought under statutes permitting such recovery.
To the fullest extent permitted by law, you release and covenant not to sue TicketsCandy, its affiliated companies, and our and their respective officers, directors, agents, joint ventures, employees, legal representatives, and suppliers from any and all claims, demands and damages (actual and consequential) 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 users. In entering into this release You expressly waive any protections that would otherwise limit the coverage of this release to include only those claims, which You may know or suspect to exist in Your favor at the time of agreeing to this release.
Organizers shall indemnify and hold harmless TicketsCandy (and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees) from any and all claims, damages, liabilities, costs, and expenses (including, but not limited to, reasonable attorneys’ fees and all related costs and expenses) incurred by Us as a result of any claim, judgment, or adjudication against Us related to or arising from 1. any photographs, illustrations, graphics, audio clips, video clips, text, data or any other information, content, display, or material (whether written, graphic, sound, or otherwise) provided by You to Us, or 2. A claim that our use of your content infringes the intellectual property rights of a third party.
TicketsCandy, and TicketsCandy’s directors, officers, employees, independent contractors and representatives agree and recognize that all confidential information provided to Us are to be held in strict confidence. TicketsCandy, or any of TicketsCandy’s directors, officers, employees, and representatives will not, directly or indirectly, copy, lend, rent, trade, give away, duplicate, pledge or sell the customers’ names, address and/or telephone numbers to any third party, as all such material is deemed “confidential information.” Further, We agree to adhere to any state or federal privacy statutes or regulations applicable to the aforementioned information. This provision survives the termination of this agreement, regardless of the basis for such termination. TicketsCandy shall take such measures to prevent its directors, officers, employees, and representatives from using any confidential information, other than for the intended benefit.
TicketsCandy will provide technical and other customer support to Organizers by which you can obtain assistance in dealing with any difficulties and updates which may arise in connection with your use of Our Services. We attempt to provide such support in a timely manner, but make no guarantees that we will respond to your inquiry by a particular time.
Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) calendar days’ notice to the other. If you terminate this Agreement after you have submitted your Event to us, Your Event shall be cancelled as provided in this Agreement.
You grant us a limited, worldwide, royalty-free license to reproduce and use Your company or organizational name, logos and trademarks (and to authorize our service providers and media outlets to do so) in advertising or promotional materials, in any and all media (including print and Internet), whether now or hereafter existing, for the purpose of referring to you as a TicketsCandy customer and/or describing our services for you.
The subject heading at the beginning of each paragraph of this User Agreement is for reference purposes only and in no way defines, limits, construes or describes the scope or extent of such paragraph. The following sections survive any termination of this User Agreement: Contracting entity, fees and other charges, taxes, payments, abusing TicketsCandy, content, liability, applicable laws, release and indemnification, additional provisions applicable to US residents and events in the USA, general provisions.
Notices to you may be sent via email or regular mail to the address in TicketsCandy’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 TicketsCandy or deliver any notice, you can do so at https://ticketscandy.com/support/.
MODIFICATIONS TO THE TERMS OR SERVICES
TicketsCandy 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 bottom of this page; or (c) sending You an email or message about the Modifications.
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.
TicketsCandy 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. TicketsCandy reserves the right modify, replace or discontinue any part of Our Services or the entire Service.
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 business sale or merger.
If an arbitrator or court decides that any part of this Agreement to Arbitrate is invalid or unenforceable, the other parts of this Agreement to Arbitrate shall still apply. If a court decides that applicable law precludes enforcement of any of the provisions as to a particular claim for relief, then subject to Your and TicketsCandy’s right to appeal the court’s decision, that claim (and only that claim) must be severed from the arbitration and litigated in in court. All other claims and disputes subject to arbitration under this Agreement to Arbitrate, including any and all claims for monetary damages of any kind, shall be arbitrated.
Except as otherwise set forth herein, these Terms constitute the entire agreement between You and TicketsCandy and govern your use of Our Services, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and TicketsCandy on the subject matter hereof, other than any written agreement for Services between You and an authorized officer of TicketsCandy relating to a specified event or events.
APPLICABLE LAWS AND JURISDICTION
Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed according to the laws of the State of California.
If You reside in the United States, You agree to resolve your disputes with TicketsCandy as specified herein. If You reside anywhere else in the world: if You are registered as a business You agree to submit to the exclusive jurisdiction, and if You are a consumer you submit to the non-exclusive jurisdiction, of the courts of the State of California. This means that You as a consumer have the right to bring an action either in the State of California (United States) or at Your place of residence. TicketsCandy may only initiate legal proceedings against consumers before the courts in their place of residence.
If you have any questions, comments or complaints regarding these Terms, Our Site or ticketscandy.com, please contact us at here: https://ticketscandy.com/support/.