SI Tickets Box Office (www.boxoffice.sitickets.com
) is a digital event and ticket management platform (the “Solution”) owned and operated by SI Tickets, Inc. that allows an event host, venue, event promoter, or artist (“Event Clients”) the ability to create and manage live events for the purpose of listing for sale live event tickets (“Tickets”) on the SI Tickets website (www.sitickets.com
) and the SI Tickets mobile application (collectively, the “Site”), and any Affiliate Site of SI Tickets, in order to enable an End User access to the Event Clients event by issuing Tickets and enabling the services to redeem these Tickets for entry to a live event (collectively the “Services”).
NOTICE OF ARBITRATION AGREEMENT
FOR ALL USERS RESIDING IN THE UNITED STATES AND CANADA PLEASE BE ADVISED: SECTION 10 OF THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SI TICKETS ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
An "Affiliate" of any entity means any person or entity that controls, is controlled by, or that is under common control with, such entity, whether as of the date of your agreement to these Terms or after. For purposes of this definition, "control" means ownership or control, directly or indirectly, of more than 20% of the outstanding voting stock of an entity or otherwise possessing the power to direct the management and policies of an entity.
An “Affiliate Site” is any website operated by an Affiliate partner of SI Tickets that displays Tickets for sale using a Widget and redirects customers to SI Tickets to purchase tickets.
An “End User” means any user of our Services for any reason, including to consume information and/or attend events.
“SI Tickets Properties” means SI Tickets’ products, features and offerings that are available: online through various SI Tickets properties; off platform, including entry management, sponsorship, and marketing or distribution services; and through mobile applications, webpages, application programming interfaces, and subdomains ("Applications").
“Material” includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
"Event Client" means a user of the Solution who is an event host, venue, sports team, promoter, artist, or other event creator who intends to use or is using our Services to create events, and to sell and issue event tickets for these events for the End User. Event Clients using the Services are all referred to in these Terms collectively as "you," or "your."
“Services” include the SI Tickets Properties and the Event Client Services (defined in Section 3).
“Site Content” refers to Material contained in or delivered via the Services or otherwise made available by SI Tickets in connection with the Services.
“Your Content” is any Material that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
“Your Trademarks” are the trademarks, trade names, service marks, and logos that you contribute, provide, post, or make available using the Services, or that you otherwise contribute, provide, post or make available to us, or that you authorize us to use.
When these Terms use "SI Tickets," "we," "us," “Company,” “the Company” or "our," that refers to SI Tickets, Inc. and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.
2. Using our Services on behalf of an entity will bind that entity to these Terms.
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 that case, "you" and "your" will refer to that entity as well as yourself.
3. SI Tickets's Services and Role
Here is a summary of services offered via the Solution:
- Ticketing Services: We provide you, and other Event Clients, a platform to create and manage events in order to sell tickets and to receive payments for your events (the “Ticketing Services”). By using the Ticketing Services Event Clients can
- Create, publish, and manage live or virtual events,
- Create, publish and manage ticket listings for these events
- Issue unique Super Tickets (defined in Section 21.1) which gain the End User access to the event, and which allow the Event Client to include and distribute to End Users both pre and / or post Event Content that is linked to the digital ticket created for an event.
- Access a mobile application that will allow you to scan and thereby redeem tickets that were purchased by End User for the Event to allow the End User entry to the Event.
Events and tickets that an Event Client publishes using the Solution are made available on the Site, and may be made available on Affiliate Sites, for purchase by the End User.
Event Clients may engage with End Users before, during and after the event using the Services.
- SI Tickets Role. We are not the creator, Event Client, or owner of the events listed on the Site, nor are we the seller of tickets on the Services. Instead, we provide our Services, which allow Event Clients to manage ticketing and promote their events.
4. The Role of the Event Client.
4.1 You are Responsible for the Events You Create.
When hosting an event, the Event Client is solely responsible for ensuring that their event and any page displaying an event complies with any applicable 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.
You are responsible for ensuring that any tickets you generate via the Services will be valid and honored accordingly, providing admission to the attendees at the venue.
4.2 You May Create Free Events.
The Event Client has the ability to create a “Free Event”, or to sell “Free Tickets” for an event, on the Site. A “Free Event” is defined as an event where all tickets created and published by the Event Client have a zero dollar value ($0.00 USD) (“Free Tickets”) for the End User. The Event Client has the ability to designate a portion of the tickets they create and publish for an event as “Free Tickets” (i.e. a “Free Section” or “Free Tier”). The Event Client will incur a cost for all tickets they create, regardless if the tickets are “Free Tickets”. SI Tickets may charge an End User who purchases Free Tickets additional fees, such as fulfillment fees or transaction fees, as described in Section 15.4 of these Terms.
The Event Client understands and acknowledges that all tickets sold for Your SI Tickets Events use SI Tickets 3rd Party Payment Processing, whereby we act as the Event Client's limited agent to process payments from End Users on the Event Client's behalf using our third-party payment service providers.
4.3 You are Responsible for ensuring you have internet access and any hardware needed to use the Services.
The Event Client is solely responsible for ensuring that they have access to the internet and / or to any hardware which may be necessary in order to use the Solution or any Applications made available to you for the use of the Services.
5. Registration & Eligibility for Event Client Services.
All information you submit must be truthful, accurate, and complete, and you must promptly notify us of any changes.
We can approve or deny your registration for the Event Client Services, limit, suspend, or terminate your access to the Event Client Services, and/or place transactional limits on payouts at any time, for any reason, with or without notice. We can also change these eligibility requirements at any time.
5.2 Registration Data.
After registering for the Event Client Services, we may require you to provide additional information about yourself, the entity you represent (if any), and the principals/beneficial owners of the entity you represent (if any) (collectively, "Additional Registration Data"). As an example, Additional Registration Data may include current address, doing business as (DBA) names, description of products, website address, bank account or other payment account information, tax identification numbers, date of birth, passport or drivers license number, country of origin, copies of government identification documents, and other personal information.
We may use this information to verify your identity, the validity and/or legality of your transactions, and/or whether you qualify to use the Event Client Services. You must: (a) promptly provide accurate and complete information and (b) regularly and quickly update this information to make sure it remains accurate and complete.
5.3 Disclosure Authorization.
We may share Registration Data, Additional Registration Data, and information about events and use of the Services with our Payment Processor Partners , the Card Schemes and Alternative Payment Frameworks (as each are defined below), and with your bank or other financial institution, if the Services involve these third parties. You also authorize us to verify your Registration Data and Additional Registration Data, and conduct due diligence on you through third parties, including third-party credit reporting agencies.
5.4 Failure to Provide.
You are not entitled to receive any payments from tickets sold from us or our Payment Processor Partners unless and until you provide full and accurate Registration Data and any Additional Registration Data. We reserve the right to suspend or terminate your SI Tickets account and/or your access to the Event Client Services, and to withhold any payments otherwise due to you, if we believe that your Registration Data or Additional Registration Data is inaccurate or incomplete.
5.5 Prohibited Merchants; Prohibited Events; Prohibited Transactions.
- you are not located in, and you are not a national or resident of, any country for which the United States, United Kingdom, European Union, Australia or Canada has embargoed goods and/or services similar to our Services ("Restricted Countries");
- you are not a person or entity or under the control of or affiliated with a person or entity that
- appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List;
- appears on the U.S. Department of State's Terrorist Exclusion List;
- appears on the Bureau of Industry and Security's Denied Persons List;
- appears on the Consolidated List of Targets published by the U.K. HM Treasury;
- appears on the Consolidated List published by the A.U. Department of Foreign Affairs and Trade; or
- is subject to sanctions in any other country; and
- you are not listed in the MasterCard MATCH terminated merchant database or Visa terminated merchant file and your right to access each Card Scheme and each Alternative Payment Framework is not revoked or suspended.
If we determine that you fall into any of the categories above, you are a "Prohibited Merchant."
- Prohibited Events. You may not post events to the SI Tickets Properties or engage in activities through the Event Client Services that:
- violate or help violate any applicable local, state, provincial, national or other law, rule or regulation;
- take place in Restricted Countries or restricted regions, which include (but are not limited to) Iran, North Korea, Syria, Crimea, Donetsk People’s Republic, and Luhansk People’s Republic. Also, you must have our prior written approval to post events in Cuba or Russia because additional licensing requirements may apply.
If we determine that an event falls into any of the categories above, it is a “Prohibited Event.”
- Prohibited Transactions. We may not process any of the following transactions, and you represent and warrant that you will not deliver or redeem tickets for or expect payment for any of the following:
- any transaction that violates or is considered “high risk” (or another restricted category) by SI Tickets, including any transaction involving certain adult content or activities, illegal goods or services (including cannabis), paraphernalia associated with any illegal goods or service, raffles, sweepstakes, or gambling;
- any fraudulent or criminal transaction;
- any transaction that would be a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; or
- any transaction that is unrelated to your events on the SI Tickets Properties. For clarity, our payment processing services may only be used for the purchase of tickets for your events on the SI Tickets Properties, or to sell items or solicit donations directly related to such events.
If we determine that a transaction falls into any of the categories above, it is a "Prohibited Transaction."
6. Privacy and End User Information
6.2 End User Information.
If you are an Event Client, 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) End Users or other individuals by having access to and by using the Services, and you will comply with any applicable policies posted by us on the Services with respect to information you collect from (or receive about) End Users.
7. Term; Termination
These Terms apply to you as soon as you access the Services by any means and will continue to apply until they are terminated. There may come a time when either you or SI Tickets decides it's best to part ways as described in this Section 7. When that happens, these Terms will generally no longer apply. However, as described in Section 7.5 below, certain provisions will always remain applicable to both you and us.
7.2 Suspension and Termination.
We may suspend or terminate your right to use the Services at any time, and / or to receive payments at any time and for any reason including if:
- you violate or breach these Terms or any other agreement between you and us, or if you fail to pay any amounts when due;
- you misuse or abuse the Services, or use the Services in a way not intended or permitted by us;
- you engage in any conduct on or off the SI Tickets Properties that jeopardizes the safety of our Site or integrity of the SI Tickets Properties or interferes with the experience of our Site or the SI Tickets Properties;
- allowing you to access and use the Services would violate any applicable local, state, provincial, national, or other laws, rules and regulations or court order or would expose us to legal liability.
- you or any of your affiliates do not make payments owed to us on time;
- our Payment Processor Partners refuse to facilitate payments to you or to engage in services involving you;
- we are served with legal process seeking to attach or garnish any of your funds or property in our possession;
- we learn that you have granted a right to assignment of payments to any party, for any reason; or
- you are a Prohibited Merchant, have organized Prohibited Events, and/or deliver or redeem tickets for Prohibited Transactions.
7.3 Discontinuation or Modification of Services.
We may choose to stop offering the Services, or any particular portion of the Services, or modify or replace any aspect of the Services, at any time. We will use reasonable efforts to provide you with notice of our termination of your access to the Services, if we believe that failure to do so would materially prejudice you. You agree that we will not be liable to you or any third party as a result of our termination of your right to use or otherwise access the Services.
7.4 Event Client Termination.
Except as agreed otherwise in a separate written agreement between you and us, you may terminate your access to the Services and the general applicability of Terms by sending a written request to email@example.com
to delete your account. If you are an End Userusing the Services without a registered SI Tickets 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 us 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.
7.5 Survival of Terms.
Certain provisions will always remain applicable to both you and us. All provisions of these Terms that by their nature should survive termination of these Terms will survive (i.e., they will continue to apply to you) including 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.
7.6 Effect of Termination.
8. Export Controls and Restricted Countries.
8.1 Export Controls and Restricted Countries.
Our company is based in the United States, but our Site and Services may be accessible to Event Clients and End Users who operate or reside or intend to use the Services outside of the United States. Therefore, we comply with certain export controls and economic sanctions laws. You should familiarize yourself with these restrictions, regardless of your location or the location of the events hosted by you on the Services (“Your SI Tickets Events
”). You represent and warrant that:
- you are not located in, and you are not a national or resident of, any country to which the United States, United Kingdom, European Union, Australia, or Canada has embargoed goods and/or services of the same type as the Services, including Cuba, Iran, North Korea, Syria or the Crimea region of Ukraine; and
- you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity that:
- appears on the U.S. Office of Foreign Assets Control's Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List; the U.S. Department of State's Terrorist Exclusion List; the Bureau of Industry and Security's Denied Persons, Entity or Unverified List; the Consolidated List of Targets published by the U.K. HM Treasury; the Consolidated List published by the A.U. Department of Foreign Affairs and Trade;
- is subject to sanctions in any other country; or
- is engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles
9. Release and Indemnification.
- You hereby agree to release us (collectively with our Affiliates and subsidiaries, and each of our and their respective officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors and employees, the “SI Tickets Released Parties”) 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 any of the following:
- the Services or any event listed on the Services, including Your SI Tickets Events;
- your Licensure (defined below), any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
- any Feedback (defined below) that you give or receive; or
- Your Content or Your Trademarks.
- 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.”
You agree to defend, indemnify, and hold harmless the SI Tickets Released Parties from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including 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:
- your breach of these Terms (including any terms or agreements or policies incorporated into these Terms);
- your unauthorized use of the Services;
- your Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure;
- any Feedback that you give or receive;
- your breach of any applicable local, state, provincial, national or other law, rule or regulation or the rights of any third party;
- our collection and remission of taxes; and
- if you are an Event Client, Your SI Tickets Events (including where we have provided Services with respect to those events) and Your Content and Your Trademarks, provided that in the case of (vii) this indemnification will not apply to the extent that the Claim arises out of SI Tickets’ gross negligence or willful misconduct.
We will provide notice to you of any such Claim, but our failure or delay in providing such notice will not limit your indemnification obligations except to the extent you are materially prejudiced by such failure. Also, in certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us in any way we request.
10.1 Services are provided as is.
- To the extent allowed under applicable laws, the Services (including the Beta Services, defined below) are provided on an "as is" and "as available" basis. SI Tickets expressly disclaims all warranties of any kind, express or implied, including implied warranties of merchantability, title, non-infringement, and fitness for a particular purpose. For example, we make no warranty that:
- the Services (or any portion of the Services) will meet your requirements or expectations;
- the Services will be uninterrupted, timely, secure, or error-free; or
- the results that may be obtained from the use of the Services will be accurate or reliable.
- We have no control over and do not guarantee:
- The quality, safety, success, accuracy, or legality of any event or Site Content associated with an event;
- The accuracy of any information provided by Users (including Feedback and End Users’ personal information shared with Event Clients in connection with events); or
- The ability of any User to complete a transaction.
- We are not liable for the acts or omissions of any third parties, including third parties that help us provide the Services, that an Event Client chooses to assist with an event, or that you choose to use or contract with when using the Services.
10.2 You must assume risks that are inherent in hosting a live event.
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. When you host an event you waive any and all claims and causes of action against the SI Tickets Released Parties, the event producers and presenters, and their insurers, for liability, including for personal injury, property damage or wrongful death in connection with your hosted event.
We may make available certain beta and other pre-release software, services, equipment, and related documentation, materials, and information to you from time to time, for your use on a voluntary basis, as part of an early-release, early-access program (collectively, the “Beta Services”) for the purposes of us gathering information and Users providing us with Feedback on the quality and usability of the Beta Services. The Beta Services may not meet the same level of performance as that of a commercially available product offering, and the Beta Services may not operate correctly and may be subject to substantial modification, including deprecation, during and after the period in which you may use them. We are not liable to you in connection with your use of our Beta Services, and we may revoke your access to the Beta Services at any time with or without reason or notice.
10.4 The disclaimers will apply so long as they are allowed under law.
The disclaimers in these Terms apply to the maximum extent permitted by law. If any warranties are required by applicable law, they will be limited to the shortest duration allowed.
11. Limitation of Liability.
11.1 Our liability to you.
- To the extent permitted by applicable laws, the SI Tickets Released Parties, will not be liable to you or any third party, for:
- Any indirect, incidental, special, consequential, punitive or exemplary damages, including damages for loss of profits, goodwill, use, data, opportunity costs, intangible losses, or the cost of substitute services (even if we have been advised of the possibility of such damages);
- any Feedback that you give or receive; or
- Your Content or Your Trademarks.
- In addition, other than our obligation to pay out Event Proceeds in certain circumstances to certain Event Clients as detailed in any additional terms detailed in a separate agreement executed by both parties, and only in accordance with those terms, the SI Tickets Released Parties’ maximum aggregate liability is limited to the following:
- For Event Clients the SI Tickets Fees that the Event Client paid us in the three (3) month period immediately preceding the circumstances giving rise to their claim; or
- For other Users:
- The total amount of all tickets that the User purchased or made through the Services in the three (3) month period immediately preceding the circumstances giving rise to their claim; or
- If no tickets were sold or purchases were made, one hundred U.S. Dollars (USD $100).
Some jurisdictions do not allow the exclusion of certain warranties or conditions on, or the limitation of, liability for loss or damage caused by willful acts, negligence, breach of contract or breach of implied terms, or incidental or consequential damages. 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.
12. 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.
12.1 Contact us first if you have an issue with our Services.
You agree that if you have a question or concern about the Services, you will contact us first, prior to initiating any legal proceeding. Our client support team will try to answer your question or resolve your concern.
12.2 If a dispute can’t be resolved between us, it must be resolved through arbitration.
In the unlikely event that our client support team is unable to resolve your concerns, you and we each agree to resolve all disputes and claims between you and us, including any arising under or relating to these Terms, your use of the Services, or your and our relationship, through binding arbitration or (to the extent the claim qualifies) in small claims court, instead of in courts of general jurisdiction. As explained below, the appointed arbitrator will have authority to enter all relief that would be available in court, to the extent warranted by the claims. All arbitrations and small claims proceedings will proceed 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 appointed arbitrator – and not any court – will have the authority to resolve any dispute relating to this Section, including any dispute regarding the scope, enforceability, and arbitrability of these Terms. This arbitration provision will survive termination of these Terms and any other agreement between you and us. These Terms evidence a transaction in interstate commerce and the interpretation and enforcement of this Section 10 is governed by the Federal Arbitration Act, notwithstanding the choice of law set forth in Section 10.8 below.
12.3 Our agreement to arbitrate.
- This agreement to arbitrate applies to all legal disputes between you and us. It includes, but is not limited to:
- all claims relating to any aspect of the relationship between you and us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory;
- all claims that arose before this or any prior agreement (including claims relating to advertising); and
- all claims that may arise after termination of these Terms and/or your use of the Services.
- Notwithstanding this agreement to arbitrate, you or we may choose to bring:
- an action on an individual basis in small claims court (to the extent the applicable claim qualifies); or
- enforcement actions, validity determinations or claims 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 your or our Intellectual Property Rights. "Intellectual Property Rights" means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights.
12.4 How the arbitrator will be selected.
We each agree to use the “rank and strike” process for selecting an arbitrator. In this process, the American Arbitration Association (“AAA”) will propose at least ten candidates to potentially serve as the arbitrator. We will each respond directly to AAA (without copying one another) in a writing that (i) “strikes” up to three of those candidates, that is, removes them from further consideration, and (ii) ranks the remaining candidates in order of preference. AAA will average each of our rankings for each arbitrator and select as the arbitrator the candidate with the highest ranking.
12.5 We both agree to not bring a class action.
YOU AND SI TICKETS 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, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY (IF WARRANTED) ISSUE ALL OF THE SAME RELIEF THAT WOULD BE AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, IN FAVOR OF THE PARTY SEEKING SUCH RELIEF, BUT ONLY TO THE EXTENT AUTHORIZED BY LAW AND WARRANTED BY THE PARTY’S CLAIMS.
You and we each acknowledge that different arbitrations may present overlapping factual or legal issues. As such, to the fullest allowable extent, you and we each agree that in the event one of you or us initiates an arbitration against the other and we determine, in our sole discretion, that such arbitration presents one or more questions of fact or law that are also at issue in a pending arbitration between us and a third party (a “Similar Arbitration”), the arbitration involving you will, at our request, be assigned to the same arbitrator presiding over the Similar Arbitration and/or be paused until the Similar Arbitration is resolved. Any rulings in any Similar Arbitration will not be binding in the arbitration involving you.
12.6 Notice must be given when one of us intends to seek arbitration.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute ("Dispute Notice"). The Dispute Notice to SI Tickets must be addressed to the following address ("Notice Address") and must be sent by certified mail: SI Tickets, Inc., Attn: Legal Department, 26 Broadway, Suite 934, New York, NY 10004. Dispute Notices to you will be addressed to a mailing, home, or payment address currently on record with SI Tickets and must be sent by certified mail. If we have no records of a physical address, our Dispute Notice may be delivered to your SI Tickets account email address. The Dispute Notice must (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought. If SI Tickets and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Dispute Notice is sent, you or SI Tickets may commence an arbitration proceeding.
12.7 These are the rules that will govern any 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 use of the Services (rather than business use), the Consumer Arbitration Rules
(in each case, the "AAA Rules") of the AAA, as modified by this Section 10, 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, issues relating to the scope, enforceability, and arbitrability of this Section 10.
12.8 This is where the arbitration will take place.
If your use of the Services is or was for commercial use, then unless SI Tickets and you agree otherwise, any arbitration hearings will take place in Virginia in a reasonably convenient location 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, the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or through a telephonic hearing. 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.
12.9 This is how we decide who’s responsible for the costs of arbitration and legal fees.
- 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 SI Tickets and the value of the relief sought is ten thousand dollars ($10,000) or less, then SI Tickets will advance all filing, administrative and arbitration costs and expenses imposed by AAA (subject to reimbursement as set forth below). Further, if you are initiating an arbitration against SI Tickets 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 SI Tickets 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 were frivolous at the time they were filed or that you continued to press those claims even after receiving information demonstrating that such claims were frivolous, you agree to reimburse SI Tickets for all of the costs and expenses that SI Tickets paid and that you would have been obligated to pay under the AAA Rules.
- 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 use of the Services (rather than business use) SI Tickets will seek to recover its attorneys' fees and expenses in an arbitration initiated by you if the arbitrator determines in our favor, as permitted. 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.
12.10 Disputes that can’t be arbitrated in accordance with this Section 10 will be governed by Section 22.
In the event that any provisions of this Section 10 are found to be invalid or unenforceable for any claim or issue, then the entirety of this Section 10 will be null and void only with respect to such claim or issue and Section 22 “Applicable Law and Jurisdiction” will apply to such claim or issue in lieu of this Section 10. For the avoidance of doubt, for all claims and/or issues as to which this Section 10 is not found to be invalid or unenforceable: (a) this Section 10 shall apply in full to all such claims and/or issues, and (b) arbitration of all such claims and/or issues shall commence and be completed prior to any litigation on any non-arbitrable claims, including in the event that arbitrable and non-arbitrable claims or issues present overlapping factual and/or legal questions.
12.11 Opt Out.
You have the right to opt out and not be bound by the arbitration or class action waiver provisions set forth above in this Section 10 by sending (from the email address we associate with you as a User) written notice of your decision to opt-out to firstname.lastname@example.org
. Please include the following in 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 these provisions. Note that if you opt out of these arbitration provisions, SI Tickets also will not be bound by them.
13. License to the Services.
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.
13.1 Use of our 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:
- create events and ticket listings for those events with the intent to sell tickets for the events on the Site, of which you are the host;
- manage events and ticket listings you created, including but not limited to managing the status of your event(s), adjusting the ticket price of your ticket listings, and modifying the broadcast settings of your events and/or tickets;
- manage your “Registration Data” (as defined in Section 16.b) to ensure we have accurate, current and complete information for you or the entity which you represent;
- access other web pages made available to you for the purpose of promoting, marketing, managing, tracking, reporting and collecting sales proceeds for an event created by you.
Your use of the Services must comply with these Terms and all applicable local, state, provincial, national and other laws, rules and regulations.
13.2 You can’t copy, sell, or use our Services in a way that is damaging to SI Tickets.
In addition to any other restrictions, limitations, and prohibitions that we impose (in these Terms or elsewhere), you agree you will not directly or indirectly:
- copy, modify, reproduce, translate, localize, port, or otherwise create derivatives of any part of the Services;
- 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;
- rent, lease, resell, distribute, use the Services for other commercial purposes not contemplated or otherwise exploit the Services in any unauthorized manner;
- remove or alter any proprietary notices on the Services; or
- engage in any activity that interferes with or disrupts the Services.
13.3 Our property remains our property.
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. We may own the Site Content, or portions of the Site Content may be made available to us through arrangements with third parties. Site Content that is included in or made available through the Services is our exclusive property 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 in these Terms are reserved.
- The trademarks, service marks and logos of SI Tickets (the "SI Tickets Trademarks") used and displayed in connection with the Solution and Services are registered and unregistered trademarks or service marks of SI Tickets. 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, together with SI Tickets Trademarks, the "Trademarks"). Your license to use the Solution and Services does not include, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without our prior written consent specifically for each such usage.
- You must not use the Trademarks to disparage us, any third party, or our or such third party's products or services, or in any manner that may damage any goodwill in the Trademarks. You must not use any Trademarks as part of a link to or from any website unless we approve such use by prior written consent specifically for each such link. All goodwill generated from the use of any SI Tickets Trademark will inure to SI Tickets’ benefit. Certain issued patents and patents pending apply to the Services. Site Content may also be protected by copyrights owned by us and/or third parties. Please note that if you copy portions of the Services, you are violating these patent rights and copyrights.
14. Licenses, permits, and authorizations for your events.
14.1 You warrant that you are licensed and permitted to host an event you sell tickets to using the Services.
If you are an Event Client, along with your other representations and warranties, you represent and warrant to us that:
- You will obtain, before listing tickets for sale on the Site, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") for Your SI Tickets Events. Licensure includes state, county, municipal, or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, fire marshal permits, authorization to receive minors, sanitary authorization, and property operation permits;
- You will comply, and will ensure that the venues for Your SI Tickets Events will comply, with all applicable laws, regulations, rules, and ordinances;
- You will maintain throughout the use of the Services the applicable Licensure to promote, produce, sponsor, host, and sell tickets for all of Your SI Tickets Events; and
- You will provide evidence of Licensure and related information prior to offering tickets for Your SI Tickets Events and promptly upon our reasonable request from time to time.
15. Your Rights to Submit a Copyright Takedown Notice.
15.1 Copyright Claims.
If you are a copyright owner or an agent of a copyright owner and you believe that any content on the Site infringes your copyrights, you may submit a notice via email to email@example.com
16. Scraping or Commercial Use of Site Content is Prohibited.
16.1 Scraping or Commercial Use of Site Content is Prohibited.
You can’t use our content for your own purposes. You have no right to use, and you agree not to use, any Site Content for your own commercial purposes. You have no right to, and you agree not to, scrape, crawl, or employ any automated means to extract data from the Site or the Solution.
17. Payment Processing.
17.1 Payment Processor Partners.
As part of the Event Client Services, we provide tools to help you sell tickets to End Users interested in attending your events. To facilitate payments to you, we partner with third-party payment processors and/or merchant acquirers (“Payment Processor Partners”).
You and we are subject to the rules and regulations of our Payment Processor Partners. In certain cases, you may be required to enter into separate agreements with our partners (“Payment Processor Agreements”) to receive payments.
Our Payment Processor Partners also allow us to accept payments on the Site from card based payment networks, such as Visa®, MasterCard®, American Express®, and Discover® (collectively, the "Card Schemes"), and non-card based payment networks such as direct debit and other alternative forms of payment, such as Venmo and Paypal (the "Alternative Payment Frameworks").
17.2 SI Tickets Payment Processing and Payouts.
- SI Tickets Payment Processing. When you use the Services to sell tickets for your SI Tickets Events, you are using SI Tickets Payment Processing ("SI Tickets Payment Processing" ), and we act as your limited payments agent to facilitate payment transactions on your behalf using our Payment Processor Partners. As a limited agent, we process the total value of tickets purchased by End Users for your events (“Event Payouts”). In return, in addition to other applicable SI Tickets Fees, you will pay us the SI Tickets Payment Processing fee (the "SI Tickets Payment Processing Fee") for each ticket for facilitating the transaction.
- Event Client Payouts. Event Clients will receive the Event Payouts, less Fees and Taxes, and Other Deductions and Setoffs (defined below), if applicable. At that time, our Payment Processor Partners will facilitate the payout to your preferred payout method. We will not be liable for delayed, rejected, or missed payouts that occur from the delay, failure, or contractual breach by you, a Payment Processor Partner or any other third-party provider. We automate Event Client payments and remit these payments electronically in the cadence and manner described below
- Billing Cycle. SI Tickets will remit payments in semi-monthly periods for all successful transactions, less the Payment Reserve (Section 15.1.c.v) and SI Tickets Fees (Section 15.1.a), where the event date of the transaction occurred in the prior semi-monthly period (the “billing cycle”). There are two (2) semi-monthly periods”: (a) 12:00 AM ET on the first day of each month, through 11:59 PM ET on the 15th day of the month, and (b) 12:00 AM ET on the 16th day of each month, through 11:59 PM ET on the last day of the month.
- Payouts will be Electronic. Payments will be issued electronically via a Payment Processor Provider. SI Tickets will remit payment to your payment account you link through our Payment Processor Provider. You can set-up your payment account through our Payment Processor Provider here. If you have any questions about setting up your payment account, please contact firstname.lastname@example.org
- We and our Payment Processor Partners rely on the information you provide to facilitate payment transactions on your behalf. If any account or card details that you provide to us or our Payment Processor Partners are incorrect, you must reimburse, indemnify, and hold us and our Payment Processor Partners harmless for any losses or expenses incurred by us relying on the incorrect information.
- For risk management, security, or to meet our Payment Processor Partners’ requirements, we may, from time to time, determine to impose a transaction limit on the amount of any given transaction that you process through SI Tickets Payment Processing, and you authorize us to reject any transaction over that limit.
- Tax Documents. All Event Clients must provide SI Tickets with any tax documents requested, either directly or via Bill.com. For instance, all clients regardless of sales volume on SI Tickets must complete a W9 or W8 before any payments will be issued. SI Tickets will withhold payment until any and all requested forms have been received by you.
- Billing Statements. If there is a payment due to you, SI Tickets will issue you a remittance statement at the close of each Billing Cycle.
- Payout Currency. We only issue payments in USD. We do not provide currency conversion services. You are responsible for any fees that you incur by your bank or credit card provider to convert payouts we issue to you in USD.
- Cancellations; Nonperformance. We and our Payment Processor Partners are not required to make payments to you for any event that has been, or we believe is at risk of being, a Canceled Event (as defined in Section 19).
17.3 Chargebacks and Reversals.
Credit card chargebacks and transaction reversals (collectively, “Chargebacks
”) can occur, including when an End User disputes a transaction with a Card Scheme or Alternative Payment Framework. As an Event Client, you are responsible for paying and reimbursing us promptly and fully for any Chargebacks in connection with your Event Payouts or other payments and for all related credit card association, payment processing, re-presentment, penalty and other fees (together with Chargebacks, “Chargeback Costs
”) that we, our Payment Processor Partners, or any of our other partners incur in connection with your Chargebacks.
As your agent, we will use commercially reasonable efforts to manage and dispute Chargebacks on your behalf. You authorize us to do so, and you will cooperate in the Chargebacks re-presentment process.
However, we have no obligation to dispute or represent any Chargebacks that:
- we determine we are more likely than not to lose;
- should be refunded in accordance with your event refund policy; or
- should be refunded in accordance with Section 19.
If we lose a Chargeback dispute initiated on your behalf, you are still required to reimburse us.
17.4 Roles and Relationships.
- Your Obligations to End Users. When an End User makes a payment (e.g., when they purchase a ticket for an event) and that payment is then processed by one of our Payment Processor Partners, you will treat it the same as if the End User paid you directly. This means that you will sell or provide the End User all advertised goods and services as if you had received the Event Payouts directly from the End User, regardless of whether you have received or ever receive the Event Payouts.
We, acting as your agent, are authorized to:
- hold, retain and pay out Event Payouts to you using our Payment Processor Partners;
- manage and dispute Chargebacks; and
17.5 Active Orders; Successful Transactions.
When an order is placed by an End User and processed successfully through SI Tickets (an “Active Order” defined in Section 4.5 in the SI TIckets Term of Use
), we generate a confirmation email to the End User which will contain their unique order number. You must accept, honor and fulfill all ticketing commitments for all Active Orders processed by the Services. It is your responsibility to verify an End User's order number and/or any event restrictions prior to the applicable event.
Payouts will automatically be made to your payment method on file. If, for some reason, we cannot make a payout to that payment method and you fail to provide an updated, approved payout method for a period of time as set forth in applicable unclaimed property laws (e.g., escheatment), we will escheat the amount, after due notice, to the applicable government authority in accordance with applicable laws.
18. Section Title
18.1 Subsection title
Creating an Account and creating an event are free. However, we charge fees when you sell tickets. You are responsible for all fees and taxes arising from your use of our Event Client Services. Unless agreed to in a separate individual agreement between us and you, these SI Tickets Fees are defined below and any current rates are posted here
- SI Tickets Fees. SI Tickets will issue you payment for each ticket that successfully sells on the Site, less the sum of the SI Tickets Fees described below; collectively each term defined in Section 15.1.a are defined as “SI Tickets Fees”.
- SI Tickets Box Office Transaction Fees. As the marketplace facilitator, we retain a transaction fee (“SI Tickets Box Office Transaction Fee”) for each transaction we successfully process on the Site for Your SI Tickets Box Office Event(s).
- SI Tickets Super Ticket Fee. As the creator of the digital tickets issued for Your SI Tickets Box Office Events, we retain a ticket fee (“SI Tickets Super Ticket Fee”) for the generation and support of the electronic tickets created using the Services (“Super Tickets”).
- Merchant Processing Fees. SI Tickets retains any and all fees charged by our Merchant Processor (“Merchant Processing Fees”) to process each transaction associated with Your SI Tickets Box Office Events, which includes any fees we incur due to a dispute or chargeback. SI Tickets will charge a standard per transaction fee to cover the cost of processing the transaction with SI Tickets Merchant Partner (the “Standard Merchant Processing Fee”). Any fees SI Tickets incurs in addition to the Standard Merchant Processing Fee, for instance due to chargeback, may vary and these fees may be collected from you after payment has already been remitted to you for the transaction; in this case, we will deduct this amount from your next remittance and provide a description for the fee.
- Marketing and Operational Services Fees. You must pay us all charged or invoiced fees for the Marketing and Operational Services we provide to you.
- Fees and Taxes. You are solely responsible for any and all payment processing fees, including the SI Tickets Payment Processing Fee (if applicable), credit card fees, applicable Taxes (described in Section 20 “Taxes”), and any other amounts due to any other party arising from the Event Client Services (collectively with SI Tickets Fees, “Fees and Taxes”). Fees and Taxes may vary by jurisdiction and currency. Current SI Tickets Fees can be found in our Help Center (https://boxofficesupport.sitickets.com). Fees and Taxes may change from time to time with respect to transactions that occur following the change. You may include in the price of your tickets all or a portion of Fees and Taxes to be paid by your End Users on your behalf as part of the event transaction, but you remain ultimately responsible for all Fees and Taxes, and we reserve the right to revoke or modify this option in whole or in part at any time.
- Research Fees. We may also charge you, at standard and reasonable rates, for (i) research costs and/or legal fees that we incur in order to respond to any third party or government subpoena, levy or garnishment on your account; and (ii) research and activities that are necessary for us to verify and execute any change of payee (collectively, “Research Fees”).
- End User Fees. We may charge various fees to End Users, separate from your SI Tickets Fees, which are not passed on to you, related to ticket, registration, and other item sales, restocking fees, processing fees, handling fees, fulfillment fees, sales and use tax, and/or fees we charge the End User to access to various SI Tickets content and services (“End User Fees”). In the event we charge End User Fees, we determine how to set and assess End User Fees and the refund policy applicable to End User Fees. We are not required to disclose End User Fees to you, and we may change End User Fees at any time. Therefore the total amount paid by End Users for tickets to your SI Tickets Events are not necessarily the same as the Ticket Price set by you. In addition, some fees are meant to defray costs incurred by us, but may in some cases include an element of profit and in some cases include an element of loss.
- Other Fees You May Incur. We do not control and cannot disclose fees levied by your bank and/or credit card company, including fees for purchasing tickets in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to using the Services or prior to placing an order on the Site to understand all applicable fees, credit card surcharges, and currency conversion rates. All payments we issue to you and all charges you incur will be processed in USD.
18.2 Deductions, Setoffs, and Reserves.
- Deductions and Setoffs. Without limiting Section 18.1 above, we will deduct the following from the Event Payouts:
- SI Tickets Fees;
- billing and payments costs and all costs associated with transactions, which may include processing charges and bank fees;
- all applicable Taxes; and
- amounts for returns, refunds, Chargeback Costs, discounts, and credits.
We may also deduct from your Event Payouts as required by law, including Section 9-406 of the Uniform Commercial Code and garnishment orders. In addition, we may block, reject, freeze, or turn over to law enforcement agencies any portion of payments involving the SI Tickets Properties that are made to you, owed by you, or otherwise involve you as permitted and/or required by applicable laws and regulations.
- Payment Reserves.
- Standard Payment Reserve. SI Tickets will, unless otherwise agreed upon in a separate written agreement, withhold from the Event Client a “Payment Reserve”, equal to ten percent (10%) of each Event Payout (a “Standard Payment Reserve”) until thirty (30) days after the event date, at which point the funds will be paid to the Client reduced by any Merchant Processing Fees. This Standard Payment Reserve is withheld to cover any merchant processing fees SI Tickets may incur as a result of a chargeback or dispute by our Payment Processor Partners. SI Tickets is not required to pay the Event Client interest on the Standard Payment Reserve and may release funds sooner to the Event Client at SI Tickets sole discretion. Any refunded or disputed orders after the reserve has been paid out to the Event Client, will be reconciled either by invoice or we will deduct the amount from the next payment due to you.
- Other Payment Reserves. SI Tickets reserves the right to retain and may withhold all or a certain percentage of Event Payouts and any other fees for Services that we provide to you or any of your Affiliates to fund a reserve:
- at any time we determine is necessary based upon the level (or expected level) of refunds, disputed charges, Chargebacks, customer complaints, allegations of fraud, or changes in your credit profile or the relevant event(s)' risk profile(s); and
Our right to hold a reserve will continue following the completion of your applicable event(s) and until either:
We may use any amounts that we hold in reserve to set-off amounts that you owe us, as detailed above in Section 18.2(a).
18.3 Hardware Rentals & Fees.
- Hardware Fees. If you would like to rent any hardware from SI Tickets in order to use or to optimize your use of the Solution, for instance to (a) provide to your Event Staff so that they can scan tickets at the venue on the day of the event or to (b) process new transactions on the day of the event or to (c) provide support to customers at the event, the rental equipment fees are defined here.
- Hardware Rental Requests. Hardware rentals requests must be received at least five (5) business days prior to the event in order for SI Tickets to facilitate the rental. Rental requests must be initiated via email, and must be submitted to email@example.com with the Email Subject: “Hardware Rental Request”. The following information is required in order to process the request: Event Name, Event Date, Venue, City/State, Shipping Address, Hardware Items, Item QTY, Ship To Contact Name, Ship To Contact Phone, Event Contact Name, Event Contact Email, Event Contact Phone. SI Tickets will reply to the Hardware Rental Request to confirm receipt and will provide an estimated delivery date. SI Tickets will ship the Hardware requested via FedEx to the Ship To Address you provide in the rental request email. SI Tickets will initiate an ACH invoice via bill.com; the invoice will include all Hardware Rental Fees and the cost of both the Ship-to and Return Shipping Labels. SI Tickets will ship the hardware only after the invoice has been paid in full. Each shipping label will have a tracking number. SI Tickets will provide you with the tracking number via email once the invoice has been paid and the Hardware has been shipped.
- Hardware Returns & No-Return Penalties. All Hardware must be returned in the same condition it was received. SI Tickets will generate a return shipping label and send this to you via email in order to return the Hardware. If any hardware becomes damaged, is returned in a condition that is different from the condition in which it was received, or if any equipment is not returned with five (5) business days after the event, SI Tickets will immediately invoice you a “Replacement Fee” for the item(s). the following amounts to replace the hardware (a “Replacement Fee” or the “Replacement Fees”). Current Replacement Fees are posted here.
19. Refunds; Event Status Changes; Canceled Events.
19.1 Refund Policy.
Event Clients are responsible for setting a Refund Policy for each SI Ticket Event created using the Services. The Refund Policy may not be modified once the Event has been created and published on the Site. The three (3) options you may select from include:
- Flexible. An End User who has purchased tickets requesting a refund prior to the event start time will be refunded upon request. Once the event has started, all refund requests will be determined at the sole discretion of the Event Client on a case-by-case basis.
- Moderate. Refund requests are considered on a case-by-case basis and are issued at the sole discretion of the Event Client.
- Strict. No refunds will be granted to ticket purchasers unless the event is canceled. All sales are final.
19.2 Issuing Refunds and Refund Requests.
An End User who has purchased tickets for one of your SI Tickets Events may request a refund by contacting SI Tickets Support at firstname.lastname@example.org
or by contacting the Event Client directly. Event Clients are responsible for responding to any refund requests in accordance with the Refund Policy specified for the event.
The Event Client must notify SI Tickets if a refund needs to be issued by emailing email@example.com
. SI Tickets will cancel the order and issue the refund to the End User and will notify the Event Client once the refund has been issued.
19.3 Reimbursement for Canceled Orders.
SI Tickets will invoice you for the amount paid to you, or deduct from an Event Payout, any orders that you received payment for which have become canceled due to either (a) a Refund Request approved by you or (b) because the SI TIckets Event has been canceled or (c) for any other reason.
19.4 Refunds for SI Tickets Fees.
- We have the right to decline to refund SI Tickets Fees. If we decline to refund SI Tickets Fees to your End User(s), we may give you the option to cover that part of the refund yourself.
- In certain cases, we may determine to refund all or a portion of SI Tickets Fees as part of a refund transaction. In that case, we have the right to require you to reimburse us for the refunded SI Tickets Fees.
- Our policies about refunds of SI Tickets Fees may evolve over time.
19.5 Canceled Events.
If you are no longer able to host an SI Tickets Event that you have published on the Site, you may adjust the status of your Event (“Event Status”) in your Account after it has been published to the Site to Canceled. All Active Orders associated with the Event will be Canceled and a refund will be issued to the End Users original payment method within thirty (30) days of the Order Cancelation. Event Clients will not receive a payout for any Event which has been Canceled.
19.6 Postponed & Rescheduled Events.
You may adjust the Event Status to either Postponed or Rescheduled in your Account after it has been published to the Site. Event Clients are responsible for selecting the appropriate Event Status. The Event Status should be adjusted to “Postponed” if the event will occur, but the date of the event is to be determined. The Event Status should be adjusted to “Rescheduled” if a new Event Date and Time has been determined, and therefore the event has been scheduled for a new date. If you are unsure what the status of your event should be, please contact firstname.lastname@example.org
19.7 Super Ticket Access is Revoked when Refund Issued; Ticket Fraud.
- An End User who had access to a Super Ticket which has been refunded will no longer have access to the Super Ticket(s) within their SI Tickets Account. They must discard any copy of the Super Ticket(s) they had originally accessed, and they may not attempt to attend the event using any unauthorized copy of the ticket. Violation of this is fraud.
- You acknowledge that the applicable procedure to check the validity of the ticket must always be followed, including checking-in End Users with the SI Tickets app for Event Clients. We will not be liable under any circumstances for any costs arising from Event Clients’ non-compliance with the procedures that must be implemented by Event Clients to check the validity of tickets.
- We will not be liable under any circumstances for costs and/or damage arising from ticket-related fraud and/or the purchase of a ticket through non-official means, such as third parties.
20.1 Taxes we collect from End Users.
We may, in certain jurisdictions, be required to collect and remit Taxes on SI Tickets orders. In such jurisdictions, we will collect from the End User any Taxes for SI Tickets Orders.
20.2 Taxes we collect from Event Clients.
We may, in certain jurisdictions, be required to collect and remit Taxes on SI Tickets Fees, and you must pay such Taxes. We may, at our sole election, invoice you for Taxes on SI Tickets Fees or withhold (from amounts we would otherwise pay to you) the amount of Taxes on SI Tickets Fees. You remain responsible for collecting and remitting the correct amount of any Taxes that apply to your use of the Services and to sales you make using the Services.
20.3 VAT Taxes.
To comply with sales tax regulations of the European Union (the “EU”), we may be required to (i) collect Value Added Tax (“VAT”) from you on the SI Tickets Fees for paid tickets sold on or through the Site if your event takes place in the EU and you have not provided us with your VAT Identification Number (“VAT ID”); and (ii) remit any such VAT collected to the relevant tax authority. If you provide us with your VAT ID, we may not collect VAT on the SI Tickets Fees for events in the EU.
It is your sole responsibility to make sure that the VAT ID you provide to us (if any) is accurate, complete and properly formatted. Please be aware that falsification or misrepresentation of information to evade payment of VAT may result in fines and/or criminal prosecution. You must promptly and fully reimburse us for all out-of-pocket costs and expenses arising out of your falsification or misrepresentation of a VAT ID. We do not require you to have a VAT ID. However, if your event occurs in the EU, or you reside in the EU, and you do not have a VAT ID or you do not provide us with your VAT ID, we may collect and remit VAT on the SI Tickets Fees on your behalf.
If we are not required to collect VAT taxes, this does not preclude you from having VAT tax liability. You should consult with a tax advisor regarding tax related inquiries. We do not provide tax advice.
20.4 IRS Reporting.
In addition, under United States federal tax law, if we process transactions above a specified threshold during a given calendar year and in the aggregate across all of your accounts, we might be required to report to the IRS (i) the gross amount of the total reportable payment card/third party network transactions for the calendar year. Gross amount means the total dollar amount of total reportable payment transactions for each participating payee without regard to any adjustments for credits, cash equivalents, discount amounts, fees, refunded amounts, or any other amounts. The dollar amount of each transaction is determined on the date of the transaction.; (ii) your name; (iii) your address; and (iv) your tax identification number ("Your Tax Information"). In such instances, we are required to either (a) collect Your Tax Information when you reach the specified threshold; or (b) establish that you are a foreign person not subject to Form 1099-K information reporting. If applicable, upon request you will provide us with an IRS Form W-8 establishing your foreign status. You will not receive any further payments from us until either (a) or (b) above are satisfied.
20.5 Right to Withhold.
We reserve the right to withhold the payment of any amounts that we owe to you and pay such amounts as required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order, in each case as determined by us, or to seek later payment from you of any amounts of Taxes uncollected and unremitted that are related to your events.
21. Event Tickets Issued by Box Office by SI Tickets; Super Tickets.
21.1 Super Tickets.
An End User may transfer any or all Super Tickets that they have either (i) purchased directly on the Site or (ii) accepted from another End User (a “Ticket Transfer”). If an End User is having issues transferring tickets or accepting a ticket transfer for an event created using the Services, the End User should contact email@example.com
21.3 Access & Presentment.
Super Tickets are made available to an End User in the Users SI Tickets Account. Any unregistered Users who purchased tickets or who received a Ticket Transfer must create an SI TIckets Account in order to access their tickets. Super Tickets should be presented on a Mobile Device with iOS or Android to ensure they scan using the Box Office App. Event Clients should not accept at the Event any screenshot presentment of a Super Ticket.
22. Your Box Office Account with SI Tickets.
22.1 Box Office Account.
We may require you to create an account to access certain features or functions of the Services. When you create a Box Office Account (“Account”) with us or use our Services, you must provide us with accurate information. You agree to 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 supervision of a parent or legal guardian who manages your use of the Services and/or account. If you are under 13, please do not provide us with any information about yourself.
- You must provide accurate, current, and complete information about yourself, or if you are using the Services on behalf of an entity, that entity (the "Registration Data"). You also must update this Registration Data if it changes.
- If there is a dispute between two or more persons or entities regarding account ownership, we will be the sole arbiter of that dispute and our decision (which may include termination or suspension of the account) will be final and binding.
- 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 us all permissions and licenses provided in these Terms.
- We may provide you the ability to implement certain permissions within your account to third parties including, "sub-users," "sub-accounts," or other credentialed account users. If we do so, you are solely responsible for all activity that occurs under your account (including actions by sub-users). You must maintain the confidentiality of your password and account details. All rules applicable to your account will apply to all third parties to whom you grant access to your account.
- You will immediately notify us of any unauthorized use of your password or account, or any other breach of security. You are responsible for any activities that occur under your account.
- You will not use the 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 we have consented to the collection of the information in writing.
23. Representations and Warranties.
- the entity you represent is properly organized and in good standing under applicable laws;
24. Non-Exclusive Remedies and Collections.
24.1 Non-Exclusive Remedies.
- one percent (1%) per month, compounded monthly; or
- the maximum amount permitted by applicable law.
- withhold and/or set-off any amounts that we would otherwise pay to you; and/or
- send an invoice to you for overdue amounts, to the extent that the amount we could withhold is insufficient to cover the amounts you owe us, in which case you will pay the invoice within thirty (30) days after the date of the invoice.
24.2 Collections; Costs of Recovery.
25. Content and Trademarks.
25.1 Use of Content and Trademarks.
You are solely responsible for Your Content and Your Trademarks. You hereby grant us 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 our promotional and marketing services, which may include promotion of you and Your SI Tickets Events on a third-party website or other media, including our event distribution providers and our social media properties);
- SI Tickets' internal purposes (such as employee or shareholder communications); and
- when you give your permission, for the purposes of promoting SI Tickets or our Services; and
- Your Trademarks,
- in connection with our use of Your Content; and
- for the purpose of identifying you as an existing or past customer of SI Tickets both on the Services and in marketing, advertising and promotional materials.
We don’t claim ownership to Your Content or Your Trademarks, but these licenses are essential to provide you the Services and help generate sales for your SI Tickets Events. Consider the following examples: if you submit your logo or other images associated with one of Your SI Tickets Events, we can display them on our website and resize or enhance them so that they look good on our Applications, or use them with our marketing tools to help you promote Your SI Tickets Events; we may feature details from one of Your SI Tickets Events in a blog, case study, or shareholder letter to highlight the impact made by Your SI Tickets Events.
- You hereby waive any and all moral rights in connection with our use of Your Content in accordance with the licenses in this Section 17. Aside from these licenses, we do not claim, and you do not transfer, any ownership rights in any of Your Content or Your Trademarks and nothing in these Terms will restrict any rights that you may have to use and exploit Your Content and Your Trademarks outside of the Services.
25.2 You represent that you are able to grant us the rights described above.
You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content and Your Trademarks:
- do not infringe, violate, misappropriate or otherwise conflict with the rights of any third party;
- comply with all applicable local, state, provincial, national, and other laws, rules and regulations; and
- do not violate these Terms.
25.3 Your Content must comply with our rules and guidelines.
Your Content must be accurate and truthful, and it must adhere to our Content Guidelines published on our Help Center at http://boxofficesupport.sitickets.com
. We reserve the right to disable your Account and/or remove Your Content from the Site if we believe that Your Content or Your SI Tickets Events violate these Terms, or for any other reason. Your Content and Your Trademarks may be displayed on the Services in proximate distance to any Site Content or any third-party content, including content that is substantially similar or competing with yours, and we do not guarantee your exclusivity as an Event Client in any category. Without limiting the generality of the foregoing, the Services are provided on a nonexclusive basis. We may preserve Your Content, Your Trademarks, Registration Data, and all other data associated with your account, and may also disclose Your Content, Your Trademarks, Registrations Data, and all other data associated with your account account if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
- comply with legal process;
- respond to claims that any of Your Content or Your Trademarks violate the rights of third parties;
- enforce or administer these Terms; and/or
- protect the rights, property, and/or personal safety of us, our Users and/or the public, including fraud prevention.
You understand that the technical processing and transmission of the Services, including Your Content and Your Trademarks, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.
26.1 Notices sent to You.
Notices may be sent to you by email or regular mail at your address listed in SI Tickets’ records. We may also provide notices of changes to these Terms or other matters by displaying notices or links to notices on the Services.
26.2 Notices sent to Us.
If you wish to deliver any notice(s), you can do so at the following address: SI Tickets, Inc., Attn: Legal Department, 26 Broadway, Suite 934, New York, NY 10004; or via email to firstname.lastname@example.org
27. Modifications to the Terms or Services.
and any Support Articles referenced in these Terms and published on https://boxofficesupport.sitickets.com
) from time to time (collectively, "Modifications
"). If we believe any Modifications are material, we will let you know by one (or more) of the following methods:
- posting the changes through the Services;
- updating the "Updated" date at the top of this page; or
- sending you an email or message about the Modifications.
Modifications that are material will be effective thirty (30) days following the "Updated" date, unless a different date is communicated in our notice to you. All other Modifications will be effective immediately.
You are responsible for reviewing any Modifications. Your continued use of the Services after any Modification will be considered your acceptance of that Modification and the updated Terms. In certain circumstances, we may seek a Modification to these Terms that will only apply to you. This type of Modification must be in writing and signed by both parties (you and SI Tickets).
We are 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. We reserve the right to modify, replace, or discontinue any part of the Services or the entire Services at any time and for any reason.
We may, without your consent, 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.
29. Entire Agreement.
29.1 Entire Agreement.
Except as otherwise stated in these Terms, these Terms are the entire agreement between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and SI Tickets on the subject matter of these Terms, other than any written agreement for Services between you and us relating to a specified event or events.
30. Applicable Law and Jurisdiction.
30.1 Applicable Law and Jurisdiction.
These Terms are governed by the laws of the State of New York, 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.
SI Tickets is based in New York, New York. Any legal action against us related to our Services and not subject to the arbitration provisions in Section 10 of these Terms will take place in New York. By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in New York, New York.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services, as well as feedback, comments, suggestions, and ratings regarding the services and events of third parties such as the Event Clients of events you attend (collectively, "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, publish, and exploit those ideas and materials for any purpose, with or without your name, without compensation to you. We may collect testimonials, ratings, and reviews about Site Content, the Services, and, if you are an Event Client, Your Content and events. These testimonials, ratings and reviews will be considered Feedback. We retain full discretion on whether, when, where, with whom, and how Feedback is shared or published.
32. Third Party Websites; Linked Accounts; Third Party Offers.
32.1 Third Party Websites; Linked Accounts; Third Party Offers.
The Services or Users may provide links to other Internet websites or resources. Because we have no control over such websites and resources, you agree that we are not responsible for the availability of such websites or resources. We do not endorse and are not responsible or liable for any Site Content, advertising, offers, products, services, or other materials on or available from such websites or resources and are not responsible for any damages or losses related to them, even if such websites or resources are connected with our partners or third-party service providers. For example, if you purchase ticket insurance on the Site from a third party, your contractual relationship is with the third-party ticket insurance provider, not with us.
33. Public Information; Interactions with End Users.
33.1 Public Information; Interactions with End Users.
You acknowledge and agree that certain information that your provide in connection with the registration of your Account and other Account data (which may include, by way of example, your Account profile name and/or picture) may automatically become publicly viewable by all End Users of the Site or the Solution. In addition, you acknowledge and agree that you will have the ability to communicate with End Users, but you will not share or publish any content provided to you by the End User (“User Content”)You are also strictly prohibited from submitting through the Services in any manner or otherwise providing Company with any “sensitive information,” (which includes, for example, personal information specifying medical or health conditions, racial or ethnic origin, or trade union membership) and, should we discover that you have done so, we will remove it immediately and reserves the right to ban you from the Solution. None of the foregoing shall obligate us to actively screen the information that you provide.
You are solely responsible for all of your interactions with the Services and other End Users/User Content on or through the Solution and Services. In your interactions with other End Users/User Content, you agree to conduct yourself professionally, civilly and respectfully at all times and in no event will you harass, solicit, stalk, maliciously target, or otherwise make hurtful, defamatory, or derogatory comments towards, or engage in malicious conduct against, any other End User/User Content. You acknowledge and agree that in using the Solution, we will not be responsible for the actions of any End Users with respect to any other End User or User Content, and that Company does not actively monitor or police the specific interactions between End Users of the Platform and other End Users or User Content (and has no obligation to do so). You hereby release, disclaim and hold Company harmless from and against any and all liability resulting from an End User’s interaction with, or conduct towards, any other End User or User Content (whether online or offline). Notwithstanding the foregoing, Company reserves the right to determine, in its sole discretion, what constitutes harassment, mischief, or unacceptable conduct with or towards other End Users or User Content, and where that has occurred, and may in its sole discretion, partially or completely deny, suspend or terminate access to the Platform to any End User that it determines has engaged in such behavior.
34. Open Source Software
34.1 Open Source Software
The Solution may contain certain open source software. Each item of open source software is subject to its own applicable license terms.
35. Additional Miscellaneous Provisions.
35.1 Additional Miscellaneous Provisions.
If we fail to enforce any part of these Terms, that will not amount to a waiver of our right to later enforce that or any other part of these Terms. Except as expressly set out in these Terms, the exercise by us of any of our remedies under these Terms will not preclude us from exercising our other remedies under these Terms or otherwise. 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 and subtitles in these Terms, along with the italicized text following them, are for convenience only and have no legal or contractual effect and do not amount to legal advice. When we say SI Tickets “may” or has the right, is permitted, authorized, or allowed to do something in these Terms, it means we may, but are not obligated to, exercise the applicable rights or options or take the applicable action, as we determine in our sole discretion. Any determinations, decisions, or beliefs by us under these Terms may be made by us in our sole discretion. As used in these Terms, “including” means “including, but not limited to.” When these Terms say that you “will” take an action, this means that you are agreeing to take the action and that you must take that action. Your obligations, duties, warranties, representations, releases, and waivers throughout these Terms are also the obligations, duties, warranties, representations, releases, and waivers of your Affiliates. 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.
SI Tickets, Inc. is a Delaware corporation with its principal place of business at 26 Broadway, Suite 934, New York, NY 10004.