Terms of Service | Ticksterz

Welcome to Ticksterz! We know as event creators and consumers that you want your events to run safely and smoothly. We want the same thing for our platform. We're excited you’re here! Please read these Terms of Service (“Terms”) carefully because they contain important information about your legal rights, remedies, and obligations.

By accessing or using Ticksterz's Services, you are agreeing to the terms and conditions of these Terms (which incorporate and include our Privacy Policy and all other terms, policies, and agreements referenced throughout these Terms), without modification, and entering into a binding contract with us that governs our Services and your use of the Services. Do not access or use the Services if you do not agree to the terms and conditions of these Terms.

For an overview of Ticksterz’s various legal terms and policies, click here.

IMPORTANT NOTICE: SECTION 9 OF THESE TERMS OF SERVICE CONTAINS A BINDING ARBITRATION AND CLASS ACTION WAIVER THAT MAY AFFECT YOUR LEGAL RIGHTS. PLEASE READ SECTION 9 VERY CAREFULLY.

1. Accepting These Terms

1.1 What's what.

Here are some important definitions to help you navigate these Terms.

Affiliate: 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.
Consumers: “Consumers” means consumers using our Services for any reason, including to consume information and/or attend events.
Boosterz Inc Properties: “Boosterz Inc Properties” means Boosterz's products, features and offerings that are available:

online through various Ticksterz properties including Ticksterz.com ("Site(s)")
off platform, including entry management, sponsorship, and marketing or distribution services
through mobile applications, webpages, application programming interfaces, and subdomains ("Applications")

Material: “Material” includes information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds, and other content and materials.
Organizer: "Organizer" means an event creator using our Services to create events for Consumers.
Services: “Services” include the Ticksterz Properties and the Organizer Services (defined in 7. Ticksterz’s Merchant Agreement).
Site Content: “Site Content” refers to Material contained in or delivered via the Services or otherwise made available by Ticksterz in connection with the Services.
Your Content: “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: “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.
Users: Organizers, Consumers, and third parties accessing or using our Services are all referred to in these Terms collectively as "Users," "you," or "your."
Ticksterz / we / us / our: When these Terms use "Ticksterz," "we," "us," or "our," that refers to Ticksterz, Inc. and its Affiliates, and subsidiaries, and each of its and their respective officers, directors, agents, partners, and employees.

1.2 Who's who.

You may be contracting with one of our Affiliates.

Depending on where you are located, you may be contracting with an Affiliate of Ticksterz, Inc. The contracting entity on the other side of these Terms is as follows:

Argentina: Ticksterz Argentina S.A., República del Líbano Nº 981, Godoy Cruz, Province of Mendoza, Argentina, CUIT: 30-71038876-4 ("Ticksterz Argentina").
Brazil: Ticksterz Brasil Gestao Online De Eventos Ltda., Avenida Engenheiro Luiz Carlos Berrini, 1748, Andar 22, Conjunto 2203, Sala 15, Cidade Moncoes, Sao Paulo, CEP 04.571-000, Brazil, CNPJ/MF No. 15.913.672/0001-65, NIRE 35.226.513.555 ("Ticksterz Brazil").
All other jurisdictions: Ticksterz, Inc., a Delaware corporation with its principal place of business in Arizona ("Ticksterz US").

Depending on where you are located, if you are a Consumer submitting a credit card to us to process your purchase, you may be contracting with an Affiliate of Boosterz, Inc. for purposes of Ticksterz Payment Processing (defined in the Merchant Agreement) only.

Europe (Payment Processing only): Ticksterz Operations (IE) Ltd, Unit 3100, Citywest Business Campus Dublin 24, Citywest, Dublin, D24AK82, Ireland ("Ticksterz Ireland").
Australia (Payment Processing only): Ticksterz AU Pty Limited, Level 1, 1 Southbank Blvd, Southbank, VIC 3006, Australia, ABN 38 167 488 593 ("Ticksterz Australia").
Canada (Payment Processing only): Ticksterz Canada Inc., 2200 HSBC Building, 885 West Georgia Street, Vancouver, BC V6C 3E8, Canada ("Ticksterz Canada").
Singapore (Payment Processing only): Ticksterz Singapore Pte. Ltd., 8 Marina Boulevard #05-02 Marina Bay Financial Centre, Singapore, 018981 ("Ticksterz Singapore").
Hong Kong (Payment Processing only): Ticksterz Hong Kong Limited, 46/F Hopewell Centre, 183 Queen’s Road East, Wan Chai, Hong Kong ("Ticksterz Hong Kong").
Mexico (Payment Processing only): Ticksterz Mexico Payment Processing S. DE R.L. DE C.V., Presidente Masarik 111, Piso 1 Col. Polanco V Seccion C.P. 11560 Mexico, D.F. ("Ticksterz Mexico").

For clarity, regardless of the entity you contract with for purposes of Ticksterz Payment Processing, all other Services are offered through either (i) Ticksterz US, or (ii) your local entity in the case of Ticksterz Argentina or Ticksterz Brazil. If you change your place of residence, the Ticksterz company you contract with will be determined by your new place of residence as specified above from the date on which your place of residence changes.

1.3 What else?

There may be other terms that apply to you.

By agreeing to these Terms, you acknowledge you have read and agree to the Privacy Policy and Cookie Statement applicable to all Users, which are incorporated by reference into, and are part of, these Terms.
All Users must abide by Ticksterz's Community Guidelines which are incorporated by reference into, and are part of, these Terms.
Users may be bound by the following additional terms, which are incorporated by reference into, and are part of, these Terms:

Organizers: Ticksterz's Merchant Agreement and Organizer Refund Policy Requirements apply to you.
Ads Service: If you access or use the Ticksterz Ads Service, the Ticksterz Ads Guidelines also apply to you.
Third parties: If you are a third party interacting with our Services not as an Organizer or a Consumer, the API Terms of Use and/or Trademark and Copyright Policy might be applicable to you.

Please be on the lookout for additional terms and conditions displayed with certain Services that you may use from time to time, as those will also be applicable to you.

We may sometimes provide you with services that are not described in these Terms and unless we have entered into a separate, signed agreement that expressly supersedes these Terms, these Terms will apply to those services as well.

1.4 Your Authority.

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.

2. Ticksterz's Services and Role

2.1 What we do.

We offer an events management and growth platform that helps Organizers and Consumers thrive and connect through memorable live experiences. Through our Services, Organizers can create, post and manage online or in-person events, sell tickets, solicit donations and stay connected to Consumers through a suite of marketing tools.

2.2 How we fit in.

We are not the creator, organizer, or owner of the events listed on the Services nor are we the seller of tickets, registrations or any merchandise on the Services. Instead, we provide our Services, which allow Organizers to manage ticketing and registrations and promote their events.

When hosting an event, the Organizer 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.

If the Organizer is hosting an event with paid tickets, the Organizer selects the payment processing method offered to Consumers for its event as more fully described in the Merchant Agreement. Consumers must use the payment processing method the Organizer selects to collect payment.

If the Organizer uses Ticksterz Payment Processing (defined in the Merchant Agreement), we act as the Organizer's limited agent to process payments from Consumers on the Organizer's behalf using our third-party payment service providers. If the Organizer selects Facilitated Payment Processing (defined in the Merchant Agreement), we transmit the Consumer’s payment details to the Organizer’s designated payment provider but do not process the transaction.

3. Privacy and Consumer Information

3.1 Privacy Policy.

We follow our Privacy Policy when handling and protecting your personal data.

We are committed to protecting your personal data that you provide or that we collect through Ticksterz Properties as set forth in our Privacy Policy.

3.2 Cookies.

We use cookies, pixels and similar technologies and provide you choices to manage your preferences.

We and our vendors use cookies, scripts, and other technologies to collect information on a real-time basis about how you use and navigate our Services. This may include your IP address, as well as information about your browsing behavior, page visits, clicks and cursor movements and searches on our sites. This information will be collected directly by, or disclosed to, our vendors and used to evaluate your use of the Services.

Our Cookie Statement further explains how we use cookies, pixels and other similar technologies when you visit Ticksterz Properties or use our Services. You may modify how Ticksterz uses your cookies at any time. To do so, please visit the "Cookie Preferences" link in the footer of our website.

3.3 Consumer Information.

We expect you to follow the rules when dealing with information about Consumers.

If you are an Organizer, 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) Consumers or other individuals, and comply with any applicable policies posted by us on the Services with respect to information you collect from (or receive about) Consumers.

4. Term; Termination

4.1 Term.

These Terms apply when you access our Services.

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 Ticksterz decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and us.

4.2 Termination.

We can revoke your access to our Services.

We may suspend or terminate your right to use the Services at any time, 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 Ticksterz Properties that jeopardizes the safety of our community or integrity of the Ticksterz Properties or interferes with the experience of our community or the Ticksterz Properties
allowing you to access and use the Services would violate any applicable laws or court order or would expose us to legal liability

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.

4.3 Deleting Your Account.

We hope you want to continue using our Services, but please refer to this paragraph if you don’t.

Except as agreed otherwise in a separate written agreement between you and us or other Affiliated Agreement (defined in the Merchant Agreement), you may terminate your access to the Services and the general applicability of Terms by deleting your account. If you are a Consumer using the Services without a registered Ticksterz 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.

4.4 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, 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.

5. Export Controls and Restricted Countries

We’re not allowed to provide our Services to certain people.

As a global company based in the United States, we are subject to and must comply with applicable export controls and economic sanctions laws and regulations (collectively, "Trade Controls"). You should familiarize yourself with these restrictions, regardless of your location or the location of the events hosted by you on the Services (“Your Ticksterz Events”). You represent and warrant, on a continuing basis, that:

your use of the Services will at all times comply with all applicable Trade Controls
you are not a person or entity that is the target of applicable Trade Controls restrictions, including being listed on or owned/controlled by restricted parties lists, or located/organized/resident in sanctioned territories (“Restricted Areas”)
you will not use the Services in connection with any direct or indirect activities or dealings with or involving any Restricted Area or Restricted Party, and will not otherwise use the Services in any manner that would cause Ticksterz to be in violation of applicable Trade Controls

6. Release and Indemnification

6.1 Release.

You won’t bring us into any disputes between you and a third party.

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 “Ticksterz Released Parties”) from all damages, losses, liabilities, costs, and expenses arising out of a dispute between you and a third party (including other Users) in connection with:

the Services or any event listed on the Services, including Your Ticksterz Events
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 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."

6.2 Indemnification.

You agree to have our back if a third party comes after us because of something you did or failed to do.

You agree to defend, indemnify, and hold harmless the Ticksterz Released Parties from any claim arising out of:

your breach of 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 applicable law or the rights of any third party
our collection and remission of taxes
if you are an Organizer, Your Ticksterz Events and Your Content and Your Trademarks (with stated limitations)

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. In certain circumstances, we may choose to handle the Claim ourselves, in which case you agree to cooperate with us.

7. Disclaimer of Warranties and Assumption of Risks by You

7.1 Disclaimers.

We strive to provide Services in the way you need them, but there are some things we can’t promise.

To the extent allowed under applicable laws, the Services (including Beta Services) are provided on an "as is" and "as available" basis. Ticksterz disclaims all warranties, express or implied, including merchantability, title, non-infringement, and fitness for a particular purpose.
We do not guarantee the quality, safety, success, accuracy, or legality of any event or Site Content, accuracy of information provided by Users, or ability of any User to complete a transaction.
We are not liable for the acts or omissions of third parties, including providers, partners, vendors, and event assistants chosen by Organizers or Users.

7.2 Assumption of Risks.

You must assume risks that are inherent in attending live events.

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.

7.3 Ticksterz-Hosted Events.

Most events on our platform are not hosted by Ticksterz, but if and when you participate in one that is, you assume all risks.

When you attend an event hosted by us, you waive any and all claims and causes of action against the Ticksterz Released Parties, the event producers and presenters, and their insurers, for liability in connection with your attendance of the event.

7.4 Beta Services.

We may make available certain beta and other pre-release services (the “Beta Services”) from time to time. Beta Services may not meet the same performance as commercially available offerings and may be modified or discontinued at any time. We are not liable to you in connection with your use of Beta Services and may revoke access at any time.

7.5 Application of Disclaimers.

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.

8. Limitation of Liability

8.1 Ticksterz Liability.

In order to provide our Services on a large scale, we have to limit our liability to you.

To the extent permitted by applicable laws, the Ticksterz Released Parties will not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages, including loss of profits, goodwill, use, data, opportunity costs, or cost of substitute services, even if advised of the possibility of such damages.
Other than obligations to pay out Event Proceeds in certain circumstances under the Merchant Agreement, maximum aggregate liability is limited to certain amounts depending on your role and recent transaction history, including potentially USD $100 where no purchases were made.

8.2 Compliance of Terms.

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. Only those limitations lawful in your jurisdiction will apply, and our liability is limited to the maximum extent permitted by law.

9. 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. Class, consolidated (except in limited circumstances), or representative arbitrations and civil actions are not permitted and are waived.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial, that arbitration costs could exceed litigation costs, and discovery may be more limited in arbitration.

9.1 Customer Support.

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 customer support team will try to answer your question or resolve your concern.

9.2 Arbitration Process.

If our customer support team is unable to resolve your concerns, you and we agree to resolve all disputes and claims through binding arbitration (or small claims court where applicable), instead of courts of general jurisdiction. Arbitrations proceed only on an individual basis. This arbitration provision survives termination and is governed by the Federal Arbitration Act.

9.3 Applicability.

This agreement applies to nearly all disputes and claims between you and us, including those based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including claims that arose before or after termination.
Notwithstanding arbitration, either party may bring an action in small claims court (where applicable) or bring enforcement/validity claims related to theft, piracy, or unauthorized use of intellectual property in appropriate courts or agencies.
Disputes relating to certain Privacy Shield frameworks (if applicable) are subject to the Dispute Resolution section of our Privacy Policy before arbitration.

9.4 Selection of Arbitrator.

We agree to use the “rank and strike” process through the American Arbitration Association (“AAA”) to select an arbitrator.

9.5 No Class Actions.

YOU AND TICKSTERZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY. The arbitrator may not consolidate more than one person's claims or preside over any class, consolidated, or representative proceeding, except as provided in Section 9.9.

To the fullest allowable extent and subject to Section 9.9, related arbitrations may be consolidated with a “Similar Arbitration” only as described in the Terms.

9.6 Dispute Notice.

A party intending to seek arbitration must first send a written Notice of Dispute ("Dispute Notice"). Dispute Notices to Ticksterz must be sent by certified mail to: Ticksterz, Inc., Attn: Legal Department, [email protected]. Dispute Notices to you will be sent to your address on record or your account email.

The Dispute Notice must describe the nature and basis of the dispute and the specific relief sought. If we do not resolve the dispute within sixty (60) days after the Dispute Notice is sent, either party may commence arbitration.

9.7 Arbitration Rules.

The arbitration will be governed by the applicable AAA Rules and administered by AAA, as modified by this Section 9, and settled by a single arbitrator.

9.8 Arbitration Location.

Arbitration hearings will take place according to your status and location, potentially in your county of residence, by phone, or by videoconference, subject to the AAA Rules and specific Terms provisions.

9.9 Similar Claims.

Similar claims brought by the same or coordinated counsel may be batched for efficient resolution as described in these Terms.

9.10 Arbitration Costs.

AAA costs and expenses and attorneys’ fees are allocated as described in these Terms and the AAA Rules, including certain circumstances where Ticksterz may advance costs.

9.11 Non-Qualifying Disputes.

If any provision of this Section 9 is found invalid or unenforceable for a claim or issue, Section 21 will apply to that claim or issue instead, while arbitration continues to apply where enforceable.

9.12 Your Right to Opt Out.

You may opt out of the arbitration and class action waiver provisions by sending notice from the email address associated with your account to [email protected] with the subject line “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT” within thirty (30) days of first use or agreement (whichever is later).

10. License to the Ticksterz Services

10.1 License to 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 browse, search, view, register for, or purchase tickets/registrations, and to create event-related pages and manage event sales as permitted.
Your use must comply with these Terms and applicable law, including Google Maps/Google Earth Additional Terms where applicable.

10.2 License Restrictions.

You agree you will not directly or indirectly:

copy, modify, reproduce, translate, localize, or create derivatives of the Services
reverse engineer, disassemble, or decompile the Services
rent, lease, resell, distribute, or exploit the Services in unauthorized ways
remove or alter proprietary notices
interfere with or disrupt the Services

10.3 Ownership.

All Site Content may be protected by intellectual property laws and is owned by Ticksterz or provided under license. You agree to use Site Content only as permitted by these Terms and applicable law. Rights not expressly granted are reserved.

10.4 Trademarks.

Ticksterz trademarks and other third-party trademarks may be displayed in connection with the Services. Your use of the Services does not grant any right to use these trademarks without prior written consent. You must not use trademarks to disparage or damage goodwill, or as part of links without approval.

10.5 Sub-Domains.

We may provide sub-domains for events. All such sub-domains are Ticksterz property and we control their appearance and functionality. Your use continues only while actively selling tickets in compliance with these Terms.

11. Licenses and Permits Organizers Must Obtain

If you are an Organizer, you represent and warrant that you will obtain and maintain all applicable licenses, permits, and authorizations (“Licensure”) for your events, comply with applicable laws, and provide evidence of Licensure upon request.

12. Your Rights to Submit a Copyright Takedown Notice

If you believe Site content infringes your copyrights, you may submit a notice under the DMCA by following the instructions in Ticksterz's Trademark and Copyright Policy.

13. Scraping or Commercial Use of Site Content is Prohibited

13.1 You can’t use our content for your own purposes.

You have no right to use Site Content for commercial purposes and agree not to scrape, crawl, or employ automated means to extract data from the Sites.

14. Fees and Refunds

14.1 Fees.

Creating an account is free. We charge fees to list events and to buy/sell paid tickets or registrations. Fees may vary and may be passed to Consumers or absorbed by Organizers. Additional charges may apply (facility fees, royalties, taxes, processing fees, fulfillment fees). Banks or card issuers may also charge fees for foreign currencies or other reasons.

14.2 Ticket Transfers.

If you wish to transfer tickets, contact the Organizer. If you are unable to reach the Organizer, contact us and we may be able to accommodate the transfer.

14.3 Refund Requests.

Consumers should contact the Organizer for refunds. Refunded tickets must not be used. Organizers must follow check-in procedures. Ticksterz is not liable for costs arising from non-compliance with ticket validation procedures or ticket fraud through non-official channels.

15. Your Account with Ticksterz

15.1 Do's and Dont's.

When you create an account or use our Services, you agree that:

you are the legal age of majority where you reside
you will provide accurate, current, and complete Registration Data and keep it updated
Ticksterz is the sole arbiter of disputes about account ownership
if acting for an entity, you have authority to bind that entity
you are responsible for all activity under your account, including by sub-users
you will keep login credentials confidential and notify us of unauthorized use
you will not use the Services to collect sensitive personal information unless permitted or approved in writing

16. Your Content and Your Trademarks

16.1 Rights and Responsibilities.

You are solely responsible for Your Content and Your Trademarks.
You grant Ticksterz a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable license to use Your Content and Your Trademarks as described, including operating the Services, promotional marketing, internal purposes, and identifying you as a customer.

We do not claim ownership of Your Content or Your Trademarks outside of these licenses. You waive moral rights to the extent applicable for our permitted use.

16.2 Representations.

You represent and warrant that you have the rights to grant these licenses and that Your Content and Your Trademarks do not infringe rights of third parties, comply with law, and do not violate these Terms.

16.3 Content Rules and Guidelines.

Your Content must be accurate and truthful. We may remove content that violates these Terms or Community Guidelines.
We may preserve and disclose account-related content and data if required by law or reasonably necessary to comply with legal process, respond to claims, administer Terms, or protect rights and safety.
Technical processing may require transmission over networks and changes to conform to technical requirements.

17. Notices

Notices may be sent to you by email or regular mail at your address in our records. We may also provide notices through the Services. If you wish to contact us or deliver notice(s), you may do so at: Ticksterz, Inc., Attn: Legal Department via email to [email protected].

18. Modifications to the Terms or Services

We may modify these Terms from time to time. If we believe changes are material, we will notify you by posting changes through the Services, updating the “Updated” date, and/or sending an email or message. Material changes are effective thirty (30) days after the Updated date unless otherwise stated. Continued use after changes means you accept the updated Terms.

We may modify, replace, or discontinue any part of the Services at any time and for any reason.

19. Assignment

We may assign these Terms and our rights and obligations under them without your consent, including to an Affiliate or in connection with a corporate transaction.

20. Entire Agreement

Except as otherwise stated, these Terms are the entire agreement between you and us regarding your use of the Services, superseding prior communications and agreements, other than any written agreement for Services relating to specified events.

21. Applicable Law and Jurisdiction

These Terms are governed by the laws of the State of Arizona, without regard to conflict of laws rules. If you live outside the United States, you may be entitled to mandatory consumer protection provisions of your local law.

Ticksterz is based in Phoenix, Arizona. Any legal action related to Services that is not subject to arbitration will take place in San Francisco. By agreeing to these Terms, you submit to the personal jurisdiction of the state or federal courts (as applicable) in Phoenix, Arizona.

22. Feedback

We welcome feedback, comments, suggestions, and ratings (“Feedback”). Feedback is non-confidential and non-proprietary. By submitting Feedback, you grant Ticksterz a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and exploit it for any purpose, with or without your name, without compensation.

23. Third Party Websites; Linked Accounts; Third Party Offers

The Services may link to third-party websites or resources. We do not control and are not responsible for their availability, content, offers, products, or services, or damages related to them. Ticket insurance or third-party offers create contracts between you and the third party, not Ticksterz.

24. Additional Miscellaneous Provisions

If we fail to enforce any part of these Terms, that is not a waiver. No oral waiver or modification is effective. If any provision is unenforceable, it will be limited to the minimum extent necessary and the remaining provisions remain in effect. Section titles are for convenience only and not legal advice. “Including” means “including, but not limited to.” We may assign rights and obligations and may provide translations; English controls if there is a conflict.

25. Additional Clauses for Users in Certain Locations

Certain additional provisions may apply depending on your location.

25.1 Australian Users.

If you are a User located in Australia and qualify as a Consumer under Australian consumer law, then the Australian Amendments available here apply to you.

25.2 EEA, Swiss, and UK Users.

If you are located in the EEA, Switzerland, or the United Kingdom and are acting outside your trade/business, then EU Amendments available here apply to you. If you are an Organizer processing EU personal data, you are a data controller and Ticksterz acts as a processor. The Data Processing Addendum for Organizers located here is incorporated into these Terms.

25.3 Argentinian Users.

If you are a User located in Argentina, then the Argentinian Amendments available here apply to you.

25.4 Brazilian Users.

If you are a User located in Brazil, then the Brazilian Amendments available here apply to you.