Last Updated: March 9, 2016
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this “TOS”) govern all use by you as an Organizer (as defined below) of (a) the www.Tickethookups.com website (including all webpages, subdomains and subparts therein contained, the “Site”), (b) any and all services available on or through the Site or otherwise provided by Tickethookups. (“TICKETHOOKUPS”) for your events, and (c) all Software (as defined below) (collectively, the “Services”). The Services are owned and operated by Tickethookups. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by TICKETHOOKUPS. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY TICKETHOOKUPS. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF TICKETHOOKUPS, OR (II) BY TICKETHOOKUPS AS PROVIDED IN SECTION 1.2 BELOW.
TICKETHOOKUPS reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF TICKETHOOKUPS.
TICKETHOOKUPS provides a quick and easy means for registered users who are event organizers and planners (“Organizers” or “Organizer” or “you”) to collect payments with respect to the sale of tickets for events registered on the Site, including Ticket Sale Service Charges (as defined below) (“Event Registration Fees”), from registered users who want to attend such events (“Buyers”). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect Event Registration Fees online directly from Buyers. All Payments are transacted through a third party payment service methods provided by Organizers via, either (a) Authorize.net, Stripe, Plugnpay or other third party payment gateways (collectively “Independent Merchant Account” or “IMA”) or (b) Stripe Connect, Paypal Adaptive Payments or other connected third party payment service providers (collectively “Connected Merchant Account” or “CMA”). This TOS applies to you and your use of the Services as an Organizer.
3. YOUR USE OF THE SERVICES.
3.1 The Services.
Tickethookups hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of selling event tickets through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.
4. PAYMENT METHODS.
TICKETHOOKUPS will not process payments until Organizer facilitates a payment processing account. There are two types of payment processing accounts Organizers may elect when using the Services: (1) “Independent Merchant Account” or “IMA”, which requires the use of the compatible Gateway for the collection of Event Registration Fees (Authorize.net, Stripe, Plugnpay); and (2) “Connected Merchant Account” or “CMA”, which requires the use of the compatible provider for the collection of Event Registration Fees (Stripe Connect, PayPal Adaptive Payments). All monetary payments will be made to the Organizer directly by Buyers via IMA or via CMA.
4.2 Independent Merchant Account.
(a) Independent Relationship.
(b) Services Fees.
Organizers will collect all fees, including, but not limited to, TICKETHOOKUPS service fees, directly from Buyers under the IMA option. By registering for and using the IMA option, you agree to (i) pay TICKETHOOKUPS all then-applicable ticket sale service charges, which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail at http://tickethookups.com/pricing.html (“Service Fees”), which payments shall be due and payable upon receipt of the invoice setting forth such charges; and (ii) accept the responsibility for providing refunds to Buyers at your own discretion. TICKETHOOKUPS will not be responsible or liable for, and Organizer hereby agrees to fully indemnify TICKETHOOKUPS and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the IMA option.
(c) Credit Card Chargebacks.
(i) Under the IMA option, it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site. An Organizer shall ensure that its refund policy is consistent with the terms of IMA. All communications or disputes regarding refunds are between the Organizer and Buyer, and TICKETHOOKUPS will not be responsible or liable for, and Organizer hereby agrees to fully indemnify TICKETHOOKUPS and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the IMA option.
4.3 Connected Merchant Account.
(a) Independent Relationship.
(b) Services Fees.
Organizers will collect all monies directly from Buyers under the CMA option. By registering for and using the CMA option, you agree to (i) pay TICKETHOOKUPS all then-applicable ticket sale service charges, which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail at http://tickethookups.com/pricing.html (“Service Fees”), which payments shall be collected via available CMA option in accordance with terms of CMA provider or due and payable upon receipt of the invoice setting forth such charges; and (ii) accept the responsibility for providing refunds to Buyers at your own discretion.
(c) Credit Card Chargebacks.
(i) Under the CMA option, it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or methods facilitated by CMA. An Organizer shall ensure that its refund policy is consistent with the terms of CMA. All communications or disputes regarding refunds are between the Organizer and Buyer, and TICKETHOOKUPS will not be responsible or liable for, and Organizer hereby agrees to fully indemnify TICKETHOOKUPS and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the CMA option.
4.4 Non-Exclusive Remedies.
In the event that Organizer fails to pay to TICKETHOOKUPS any amount owed pursuant to this TOS when due, such amount 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, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to TICKETHOOKUPS under this TOS or otherwise, TICKETHOOKUPS may, without limiting its other rights and remedies, (i) send an invoice to Organizer for such amounts to the extent Organizer’s outstanding balance is insufficient to cover these costs, in which case Organizer shall pay TICKETHOOKUPS such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to TICKETHOOKUPS hereunder are not made by Organizer when due, TICKETHOOKUPS reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer’s registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.
Upon receipt of a credit card authorization from each individual ticket purchase, TICKETHOOKUPS generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by TICKETHOOKUPS through the Services, and it is your responsibility to verify the Buyer’s membership status, confirmation number and/or any event restrictions prior to the subject event.
You are responsible for and will indemnify TICKETHOOKUPS and its affiliates against all taxes associated with your sale of tickets through the Services (excepting taxes based on TICKETHOOKUPS income)
TICKETHOOKUPS will not be responsible or liable for, and Organizer hereby agrees to fully indemnify TICKETHOOKUPS and its affiliates for, refunds, errors in issuing refunds, and chargebacks issued in the course of the use of Services.
5. YOUR REGISTRATION OBLIGATIONS.
6. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify TICKETHOOKUPS of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. TICKETHOOKUPS 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.
7.1 Site Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, “Content”), contained in or delivered via the Services or otherwise made available by TICKETHOOKUPS in connection with the Services (collectively, “Site Content”) is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. TICKETHOOKUPS may own the Site Content or portions of the Site Content may be made available to TICKETHOOKUPS through arrangements with third parties. Except as expressly authorized by TICKETHOOKUPS in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. However, you may print or download a reasonable number of copies of the Site Content for your own informational purposes, provided that you retain all copyright and other proprietary notices contained therein. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of TICKETHOOKUPS. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
7.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site (“Your Content”) as an Organizer, you hereby grant to TICKETHOOKUPS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of 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 (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) does not involve gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, and (iii) complies with all applicable laws and regulations (foreign and domestic). In addition, events must be accurately and truthfully described when Organizer submits event information to the Site. If TICKETHOOKUPS determines, in its sole discretion, that Organizer misrepresented an event or otherwise does not comply with this TOS, TICKETHOOKUPS will have the right to cancel the relevant event (and all other events listed on the Site) and notify all Buyers. TICKETHOOKUPS reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason. In addition, you agree that TICKETHOOKUPS may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of TICKETHOOKUPS both on the Site and in marketing and promotional materials.
8.1 Certain Restrictions.
You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:
8.2 Certain Remedial Rights.
You acknowledge that TICKETHOOKUPS does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that TICKETHOOKUPS and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that TICKETHOOKUPS may preserve your Content and may also disclose your Content for any reason, including without limitation 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) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of TICKETHOOKUPS, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
TICKETHOOKUPS may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].tickethookups.com). All such sub-domains are the sole property of TICKETHOOKUPS. In the event TICKETHOOKUPS provides you with a sub-domain, your right to use such sub-domain may be terminated by TICKETHOOKUPS at any time (with or without notice) for any reason or no reason.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.
In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security’s Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.
11. ADDITIONAL SERVICES.
TICKETHOOKUPS may, upon request, and for such fees as TICKETHOOKUPS may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing ticket scanning and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, TICKETHOOKUPS Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of TICKETHOOKUPS, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate TICKETHOOKUPS Equipment Lease Agreement.
You agree to defend, indemnify and hold TICKETHOOKUPS, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, 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”) due to or arising out of: your Content; your or any of your affiliates’, or any of your or your affiliates’ officers’, directors’, agents’ or employees’, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. TICKETHOOKUPS shall provide notice to you of any such Claim, provided that the failure or delay by TICKETHOOKUPS in providing such notice shall not limit your obligations hereunder. TICKETHOOKUPS reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting TICKETHOOKUPS’s defense of such matter.
13. SERVICE MODIFICATIONS/SUSPENSIONS.
TICKETHOOKUPS reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. TICKETHOOKUPS will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to third party service providers used in connection with providing the Services) related to refunds issued to Buyers. You agree that TICKETHOOKUPS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
TICKETHOOKUPS, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due TICKETHOOKUPS, or if TICKETHOOKUPS believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that TICKETHOOKUPS may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that TICKETHOOKUPS shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because TICKETHOOKUPS has no control over such websites and resources, you acknowledge and agree that TICKETHOOKUPS is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that TICKETHOOKUPS shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
16. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TICKETHOOKUPS HEREBY 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. TICKETHOOKUPS MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. TICKETHOOKUPS IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND TICKETHOOKUPS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT TICKETHOOKUPS HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS’ (INCLUDING BUYERS’, OTHER NON-ORGANIZERS’ AND ORGANIZERS’) CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, TICKETHOOKUPS IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY PAYMENT SERVICE), AND TICKETHOOKUPS HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to TICKETHOOKUPS. TICKETHOOKUPS, in its sole discretion, may investigate the claim and take necessary action.
17. LIMITATION OF LIABILITY.
TICKETHOOKUPS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TICKETHOOKUPS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND TICKETHOOKUPS’S REASONABLE CONTROL. TICKETHOOKUPS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE TICKETHOOKUPS, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES 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 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 YOUR EVENT.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE ANY APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
“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.”
Notices to you may be made via either email or regular mail to the address in TICKETHOOKUPS’s records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services.
21. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of TICKETHOOKUPS (the “TICKETHOOKUPS Trademarks”) used and displayed in connection with the Services are registered and unregistered trademarks or service marks of TICKETHOOKUPS. 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 TICKETHOOKUPS Trademarks, the “Trademarks”). The offering of the Services shall 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 TICKETHOOKUPS specific for each such use. The Trademarks may not be used to disparage TICKETHOOKUPS, any third party or TICKETHOOKUPS’s or third party’s products or services, or in any manner (in TICKETHOOKUPS’s sole judgment) 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 TICKETHOOKUPS approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any TICKETHOOKUPS Trademark shall inure to TICKETHOOKUPS’s benefit.
22.1 Entire Agreement.
This TOS constitutes the entire agreement between you and TICKETHOOKUPS and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and TICKETHOOKUPS on the subject matter hereof, other than any written Ticketing Services Agreement, TICKETHOOKUPS Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of TICKETHOOKUPS relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.
22.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the state of California, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within California by California residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Orange County, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and TICKETHOOKUPS agree to submit to the personal jurisdiction of the courts located within the city and county of Orange County, California. Either you or TICKETHOOKUPS may seek any interim or preliminary relief from a court of competent jurisdiction in Orange County, California necessary to protect the rights or property of you or TICKETHOOKUPS (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
22.4 Waiver; Invalid Provisions.
The failure or delay of TICKETHOOKUPS to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.
22.5 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.