The Services include, without limitation, your access to this Site to enable you to collect payments from ticket sales and donations for events (each an “Event”) registered on this Site from persons who want to attend such events ("Buyers"). An Event may include, without limitation, a live or recorded entertainment feature, sporting event, cultural attraction or form of travel sponsored, promoted or hosted by you to which you sell tickets.
Fees for the Services are set forth below. You are solely responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer and modem; and your own Internet access (including payment of service fees associated with such access).
You understand and agree that temporary interruptions of the Services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site and/or the Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the Services are provided “AS IS” and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
In order to access the Services through this Site, you will need an account and a password. Only U.S. organized or incorporated companies, or U.S. citizens or residents, are permitted to create and maintain an account. To obtain and maintain a user account and password, you must provide us with certain information and data (“Registration Data”). You agree that all information provided in the Registration Data is current, true, accurate, and complete and that you will maintain and update the Registration Data to ensure that it is current, true, accurate, and complete at all times. You further agree that you are at least eighteen years of age and/or the legal age of majority where you reside if that jurisdiction has an older age of majority. If you provide information to us that is not current, and/or is untrue, incomplete and/or inaccurate, or if we have reasonable grounds to suspect the information you provide is not current, and/or is untrue, incomplete and/or inaccurate, then we shall have the right to suspend or terminate your accounts and your use of this Site and of the Services.
We are entitled to the following service fees from each Buyer (“Service Fees”):
You agree that we may adjust the Service Fees at any time in our sole discretion. In the event the Service Fees are adjusted, we will use commercially reasonable efforts to notify you within thirty (30) days after such adjustment. You agree that each component of the Service Fees charged to a Buyer is computed independently of all other applicable components of the Service Fees and may be rounded up to the nearest penny before being added to the total Service Fees charged to a Buyer. In the event legal action is necessary to collect on balances due from a Buyer, you agree to reimburse us for all actual expenses incurred to recover sums due, including attorney fees, court costs and other legal expenses.
We are entitled to the following reimbursements from you ("Reimbursements"):
Payments by Buyers for the Service Fees shall be made using either (a) your PayPal Account, or (b) our merchant processing account.
For payments by a Buyer made using your PayPal Account, we will deduct the Service Fees from your PayPal Account at the time of Buyer’s ticket purchase. You hereby approve our actions to deduct such Service Fees from your PayPal Account.
After sixty (60) days from the date on the invoice, if the amount owed to us has not yet been paid in full, you hereby authorize us to collect payment for the unpaid amount owed to us via an ACH debit from your bank account with the routing number and bank account number that you have provided to us through this Site. You agree that this authorization represents your written authorization for such ACH debit. This authority is to remain in full force and effect until we have received written notification from you by email to firstname.lastname@example.org of its termination in such time and in such manner as to afford us and our bank a reasonable opportunity to terminate it.
You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Site and the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities. The Service Fees do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay to us any Taxes that are imposed and payable on such Service Fees (other than those calculated based on our net income). In the event that a governmental authority requires us to pay any Taxes attributable to your use of the Site and/or the Services, you agree to indemnify and reimburse us for such Taxes and all costs and expenses related thereto.
Your refund policy should include the following terms:
Rescheduling: Organizer agrees to grant refunds to all Buyers who request a refund from us for Organizer's Events that are rescheduled or for which scheduled entertainment or venue has changed subsequent to ticket purchase. Organizer shall be responsible to us for any and all claims by Buyers who request refunds due to rescheduled Events.
Cancellation: In the event of a cancellation, Organizer agrees to immediately end sales in order to prevent further ticket sales for the canceled Event. We shall immediately issue refunds to all customers who purchased tickets through us. We do not refund to Buyers any Mail Delivery Fees or Shipping Fees. All other Service Fees are refunded to the Buyer for cancellations and rescheduled Events.
Will-Call Errors by Organizer: Organizer agrees to grant refunds to any Buyer who appears on the Freshtix Will-Call manifest but who is denied access to the Event due to human error on the part of any staff employed by Organizer or the Event staff, or due to equipment failures or Internet access problems experienced by Organizer or Buyer.
Other: Organizer may authorize us to grant refunds for any other reason, at Organizer's own discretion. Organizer agrees that, for any refunds granted for reasons other than cancellation or rescheduling of Organizer's Event, we shall collect from Organizer at the time of payment settlement, or deduct from future payment settlement, or invoice Organizer, all Service Fees initially paid by Buyer on all tickets for which refunds were issued. All applicable charges for refunded tickets shall be described on all relevant invoices.
Your use of this Site and the Services are subject to all applicable laws and regulations. You are solely responsible for the content of your communications through this Site. By posting information in or otherwise using any communications service, account registration, chat room, message board, comments, newsgroup, software library, or other interactive service that may be available to you on or through this Site, you agree that you will not upload, share, post, email, make available, or otherwise distribute or facilitate distribution of any content, including without limitation, text, communications, software, images, sounds, data, or other information that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of this Site may be available to you or other authorized users of this Site. You shall not interfere with anyone else's use and enjoyment of this Site or other similar services. Organizers who violate systems or network security may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your relationship with us without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security, including cooperating with law enforcement authorities in investigating suspected criminal violations.
This Site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. Such other sites may contain information or material that some people may find inappropriate or offensive. Such other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, availability, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services or any damages caused by your reliance on such other sites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties. See “Use of Your Materials” below for a description of the procedures to be followed in the event that any party believes that content posted on this Site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing to accept such information. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C.A. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.
Designated Agent for Claimed Infringement:
1206 Spring Street NW
Atlanta, Georgia 30309
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from the Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THIS SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THIS SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE AND/OR THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THIS SITE, THE SERVICES, AND ANY PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE AND/OR THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THIS SITE AND/OR THE SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY SERVICES, AT ANY TIME WITHOUT NOTICE. THIS SITE AND/OR THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THIS SITE AND/OR THE SERVICES.
THE USE OF THIS SITE AND/OR THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of this Site, you may have the opportunity to engage in commercial transactions with vendors. You acknowledge that all transactions relating to any products or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between such vendor and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR: ANY CLAIM BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE; ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOSS OF USE, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS; ANY MATTERS BEYOND OUR REASONABLE CONTROL; ANY OF YOUR CONTENT OR ANY CONTENT OF ANY USER OF THE SERVICES; OR ANY DIRECT DAMAGES IN EXCESS OF THE FEES PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRIOR TO THE EVENT GIVING RISING TO THE CLAIM. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Freshtix agrees to store personal data obtained from your customers in a secure manner and shall indemnify you and hold you harmless for any data security breaches due to our negligence or intentional misconduct. Freshtix also agrees to work with you to comply with all data security breach notification laws and to resolve all claims in an expeditious and reasonable manner.
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
You warrant the following for any content or material that you transmit to this Site or to us through any means: (a) you own all proprietary rights, including without limitation trademark rights, to any content or material transmitted; (b) none of the content or material transmitted will infringe on any intellectual property rights of any third party; and (c) it is current, accurate, complete and true.
You acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that uploaded content will be retained on this Site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination or suspension of your account or limitation of your activities.
This Site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to this Site, you should not rely on this Site as your only storage facility. You should preserve backup copies of any digital data, information or other materials that you have uploaded. You agree not to hold us liable for any damage to, any deletion of or any failure to store your files, data or Registration Data.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. You must immediately exit from your account at the end of your use. Our personnel will never ask you for your password. You may not transfer or share your account with anyone, and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof. You agree to notify us immediately of any authorized use of your password or account or of any other breach of security. We will not be liable for any loss, damage, or other liability arising from your failure to comply with these account security provisions or from any other unauthorized use of your account.
Services available on or through this Site are subject to United States Export Controls. No Services from this Site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
This Site (excluding any linked sites) is controlled by us from our offices within the State of Georgia, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Georgia, by you accessing this Site, we and you agree that the statutes and laws of the State of Georgia, without regard to the conflicts of laws principles thereof and without regard to the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site and the provision and purchase of the Services. We and you each of agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of Fulton County and the United States District Court for the Northern District of Georgia with respect to such matters.
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service email@example.com, if by email, or at Freshtix, 1206 Spring Street, Atlanta, Georgia 30309, if by conventional mail. Notices to you may be sent either to the email address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or other matters of importance, and such broadcasts shall constitute notice to you.
Any cause of action brought by you against us or our Affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.