Terms and Conditions

 

Last Updated:  June 14, 2021

 

  1. Your Acceptance of These Terms and Conditions

Thank you for your interest in Ticket Evolution Inc. (together with its subsidiaries, affiliates and divisions, as may change from time to time, collectively, “TEVO,” “we,” “us”, “our”) and all websites provided by us and on which a link to these Terms and Conditions are displayed (collectively, the “Sites”). These Terms and Conditions (“Terms”), including our Privacy Policy (available here and incorporated into these Terms by reference) and any other applicable policies and guidelines, as may be updated from time to time, govern your use of the Sites. For clarity, these Terms do not apply to any other products or services we may offer, including software applications and/or services to facilitate the listing, distribution and sale of live event tickets.  (If you use any such applications and/or services, such use shall be governed by a separate contract.) These Terms constitute a legal agreement between you and TEVO. By using the Sites, you agree to these Terms. If you do not agree to these Terms, please do not use the Sites.

All references to “you” or “your,” as applicable, mean the person who accesses or uses the Sites in any manner, and each of your heirs, assigns, and successors. If you use the Sites on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.

  1. Ownership of The Sites and Its Content

The Site, including any content that forms part of the Sites, contains proprietary content, information and material that is protected by applicable intellectual property and other laws, including copyright. All content and related intellectual property rights are the sole and exclusive property of TEVO or its licensor. Except as otherwise provided herein, no content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means without our express prior written permission. All rights not expressly granted by TEVO in these Terms are expressly reserved.

  1. Rules and Prohibitions

To the extent that you provide personal information to TEVO, you agree that it will be true, accurate, current, and complete and that you will update all personal information as necessary. Please see our Privacy Policy (available here) for more information regarding information TEVO collects, and how we use and share that information.

While using the Sites you agree to comply with all applicable laws, rules, and regulations. You further agree that you will not:

  • Impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Sites;
  • Use any automated system including but not limited to robots, spiders, offline readers, or scrapers to access the Sites for any purpose without TEVO’s prior written approval;
  • In any manual or automated manner copy copyrighted text, or otherwise misuse or misappropriate information of content on the Sites including, but not limited to, for use on a mirrored, competitive, or third-party site;
  • Take any action that (a) may unreasonably encumber the Sites’ infrastructure; (b) interferes or attempts to interfere with the proper working of the Sites; (c) bypasses measures that are used to prevent or restrict access to the Sites; (d) circumvents, disables, or otherwise interferes with security features of the Sites; (e) distributes viruses or any other technologies that may harm TEVO or others; or (f) uses the Sites in a way that violates any copyrights, trade secrets, or other rights of any third party, including privacy or publicity rights;
  • Copy, reproduce, distribute, publish, display, perform, transmit, stream, broadcast, use, display, mirror, frame or utilize framing techniques to enclose the Sites, or any portion thereof, unless and solely to the extent TEVO makes available the means for embedding any part of the Sites;
  • Alter, modify, create derivative works of, sell, license, or in any way exploit any part of the Sites unless expressly permitted by TEVO;
  • Violate any applicable law in your use of the Sites; or
  • Attempt to indirectly undertake any of the foregoing.

Your license to use the Sites as provided in these Terms shall automatically terminate if you violate any of these restrictions and may be terminated by TEVO at any time. We further reserve all rights and remedies available to us.

  1. Communications

TEVO may send you emails concerning the Sites, as well as the products and/or services offered by TEVO and its affiliates. You may opt-out of promotional emails by following the unsubscribe instructions in a promotional email.

  1. Disclaimers

YOUR USE OF THE SITES IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH THE SITES. THE SITES AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, TEVO, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH THIS SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEVO, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

WE DO NOT REPRESENT OR WARRANT THAT THE SITES, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THE SITES WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MIS-DELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

  1. Limitation of Liability

YOUR USE OF THE SITES IS AT YOUR OWN RISK. TEVO IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS IN THE CONTENT AVAILABLE ON THE SITES OR FOR DAMAGES ARISING FROM THE USE OR PERFORMANCE OF THIS SITE. WITHOUT LIMITING THE FOREGOING, IN NO EVENT SHALL TEVO AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF TEVO AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.

THIS LIMITATION OF LIABILITY SECTION APPLIES FULLY IN ALL STATES, INCLUDING RESIDENTS OF NEW JERSEY.

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

  1. Third-Party Links and Services

The Site may provide information and content provided by third parties and links to third-party websites or resources. We are not responsible for the availability of such external sites or resources, and do not control, endorse, or sponsor and are not responsible or liable for (i) any content, advertising, products, or other materials on or available from such sites or resources, (ii) any errors or omissions in these websites or resources, or (iii) any information handling practices or other business practices of the operators of such sites or resources. You further acknowledge and agree that TEVO shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any linked sites or resources. Your interactions with such third parties will be governed by the third parties’ own terms of service and privacy policies, and any other similar terms.

  1. Modification and Discontinuation of the Sites

We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently, the Sites (or any portion thereof) and/or the information, materials, products and/or services available through the Sites (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party in such event.

  1. Governing Law, Venue, and Jurisdiction.

The laws of the State of Delaware, USA, excluding Delaware’s conflict of laws rules, will apply to any disputes arising out of or relating to these terms or the Services. All claims will be litigated exclusively in the federal or state courts of located in New Castle County, Delaware, USA, and you and TEVO consent to personal jurisdiction in those courts.

  1. Indemnity

You are responsible for your use of the Sites, and you agree to defend (at TEVO’s option), indemnify, and hold harmless TEVO and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation.

TEVO reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, TEVO may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim without TEVO’s prior written consent.

  1. Feedback

If you send us any feedback or suggestions regarding the Sites or our services, you grant to TEVO and our affiliates an unlimited, irrevocable, perpetual, sublicensable, royalty-free license to use or share any such feedback or suggestions for any purpose without any obligation or compensation to you or any other party.

  1. Modification of these Terms

We reserve the right to update or modify the Terms at any time without prior notice, and such changes will be effective immediately upon being posted through the Sites, except as set forth below. Your use of the Sites following any such change constitutes your agreement to be bound by the modified Terms.

Disputes arising under these Terms will be resolved in accordance with the version of the Terms in place at the time the dispute arose. We encourage you to review these Terms frequently to stay informed of the latest modifications.

  1. General

No Third-Party Beneficiaries: You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

No Agency. No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by these Terms or your use of the Sites.

Entire Agreement: These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by TEVO on the Sites, shall constitute the entire agreement between you and TEVO concerning the Sites. If any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

Assignment. We may assign or transfer our rights and obligations under these Terms at any time in our sole discretion. You may not assign or transfer these Terms, or any of its rights or obligations, without our prior written consent, which we can refuse in our sole discretion.

Waiver. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and TEVO’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Statute of Limitations: You agree that regardless of any statute or law to the contrary, any claim arising out of or related to the Sites must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. Notwithstanding the foregoing, this statute of limitations shall not apply to residents of New Jersey.

  1. Contact Us

If you have questions about these Terms or the Sites, please contact us by email at legal@ticketevolution.com.