Description of Services
The Services include, without limitation, enabling organizers on this Site (each an "Organizer") 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 an Organizer to which such Organizer sells tickets.
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 communications or personalization settings.
Registration Data and Privacy
In order to access the Services through this Site, you will need an account and a password. 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.
Fees for Services (paid by Buyers)
We are entitled to non-refundable service fees paid by each Buyer in the amounts indicated to each Buyer on the Site prior to completing any purchase transaction.
Payments by Buyers shall be handled in accordance with the instructions and purchase policies set forth on the Site, as modified from time to time.
Event Rescheduling, Cancellation and Refunds
Freshtix reserves the right to cancel orders for any reason at the request of our clients, including venues, promoters, teams and theatres. If tickets are cancelled, Freshtix may sell your tickets to another customer without further notice.
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. If tickets are cancelled, Freshtix may sell your tickets to another customer without further notice.
Conduct on this Site
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:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on or in any violates any patent, trademark, trade secret, copyright, right of publicity, license, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
Impersonates any person or entity, including any of our employees or representatives;
Is harmful to minors;
Relates to the sale or provision of goods and services other than the sale or provision of tickets and registrations to Events listed on this Site and other goods and services being sold or provided in conjunction with such Events; and/or Violates any applicable law or regulation (foreign or domestic).
Third Party Sites and Information
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.
Intellectual Property Information
Use of Your Materials
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing or to be subject to infringing activity and that is to be removed and information reasonably sufficient to permit us to locate the materials;
Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringing.
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.
Disclaimer of Warranties
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, (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, OR (E) THAT THE EVENTS WILL BE SAFE, LEGAL OR OF A CERTAIN QUALITY. 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 transactions with vendors. You acknowledge that all transactions relating to any products or services offered by any party (including, without limitation, any Organizer), 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, EVENTS, 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.
Limitation of Liability
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 EVENTS; 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 THROUGH THIS SITE 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.
Participation in Promotions
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.
Representations and Warranties
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.
Use of Site and Storage of Material
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.
Security and Password
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.
Termination of Use
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 firstname.lastname@example.org, 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.
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.