Promoter terms : Giveback Tickets

TERMS AND CONDITIONS

The following terms and conditions (hereinafter “Agreement”) apply to the registration of an event by a Promoter on the website located at https://givebacktickets.com and all associated platforms therewith (hereinafter “Website”). As a condition of using the Website to purchase or sell tickets, you, as the Event’s Promoter, must accept the following written Agreement, prior to completing any transaction.

GENERAL TERMS

Parties: The parties to this Agreement are you, the Promoter (hereinafter “Promoter; you”) and GiveBack Tickets LLC, a Colorado-based Internet ticket processing. (hereinafter “Giveback; we; us”).
Scope: The scope of this Agreement shall cover the Promoter’s interactions with the Website including, but not limited to, the promotion of events on the Website, the purchase and delivery of tickets for events, any personal interactions with Giveback or its authorized agents, as well as any other interactions reasonably associated with the Event being hosted and promoted by the Promoter on the Website.
Jurisdiction: This Agreement and associated use of the Website shall be governed by and construed in accordance with the laws of the State of Colorado. You agree that any action at law or in equity arising out of or relating to this Agreement shall be filed only in accordance with the terms set forth herein, or, in the absence of such terms, in the state and federal courts located in the City and County of Denver, Colorado. You, as Promoter, do hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts in any suit, action or proceeding arising out of this Agreement.
Statute of Limitations: Any cause of action by Promoter with respect to this Agreement must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Dispute Resolution: If a dispute arising from this Agreement should arise, the parties agree to use alternative means of dispute resolution (mediation, arbitration, etc) before filing a grievance with a court of proper jurisdiction in a manner outlined in this Agreement. Should no such outline exist, the recommended practices of the Colorado Office of Dispute Resolution shall be used as guidelines.
Severability: If any provision of this Policy shall be deemed unlawful, void or for any reason unenforceable, then that provision shall not affect the validity and enforceability of any other provisions. Furthermore, a new provision shall automatically be deemed added to this Policy in lieu of such illegal, invalid or unenforceable provision, which new provision shall be as similar in terms to such illegal, invalid or unenforceable provision as is possible with the new provision still being legal, valid and enforceable. Giveback’s failure to enforce any provision of this Policy shall not be deemed a waiver of such provision nor of the right to enforce such provision in the future. No waiver by Giveback of any provision of this Policy shall be effective unless in writing.
Changes to this Agreement: Giveback may change this Agreement from time to time and in any manner in Giveback’s sole and absolute discretion. Any such change shall be effectively immediately upon the posting of the amended Agreement on the Website, and no notice of any such change shall be required for such amended Agreement to be effective.

These Terms of Use are to be read in conjunction with Givebacks Terms and Conditions, which are incorporated by reference herein.

Non-exclusive License: Giveback hereby grants Promoter a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and use Website. The following actions are not permitted under this license and will be grounds for revocation of Promoter use license:
1. Copy, modify, reproduce, translate or otherwise create any derivative works based on any part of the Website, including but not limited to, Giveback’s intellectual property including trademarks and copyrights.
2. Reverse engineer, disassemble, or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Website, except to the extent that such restrictions conflict with local, state or national laws;
3. Rent, lease, resell, distribute or otherwise exploit the Website for commercial purposes; or
4. Engage in activities that interfere or disrupt the Website.

Browsing the website and searching for, registering or purchasing tickets or making donations to an event that is registered on the Website.
Promoter shall not him or herself or allow anyone else to directly or indirectly:
The Website reserves any and all rights not expressly granted in these Terms.

Giveback’s Role: The Promoter listed on the Event page is responsible for making all sales and Giveback in no way owns any of the Events listed on the Website. Giveback’s sole role is to list and promote Events. If Promoter has elected to use Giveback’s Payment Processing Service, Giveback also acts as the Promoter’s limited agent for the sole purpose of using its third-party payment providers to collect payments made by ticket purchasers with respect to an Event and then passing such payments on to the applicable Promoter.

Organizer’s Responsibility: It is the Promoter's sole responsibility to ensure that any event related posting on the Website as well as the nature underlying the content of the event meet all applicable local, state, national or other laws, rules and regulations; and that all goods and/or services described in any Event related posting are actually available at the event and will be presented in a satisfactory manner.

Account Registrations: Promoter will create an account, to be managed by the Promoter in order to use the services provided by the Website. Promoter will provide accurate, complete and verifiable information about her or himself, or, if acting on behalf of another legal entity, to provide accurate, complete and verifiable information about said entity and to keep such information updated in the Website’s database should any required information (address, phone, etc) change. In the event there is a dispute between two account owners as to who is the true owner of said account, Giveback shall act as the sole arbitrator of such a dispute and Givebacks decision shall be deemed as binding on all parties. Giveback reserves the right to terminate any account in its role as arbitrator.
Account Security: Promoter is responsible for maintaining the confidentiality of his or her account password and other information and is responsible for any and all activities that occur while logged into the account. Such responsibility shall include actions by sub-registered users and other users authorized to use the services associated with the Website.
Event Registrations: Promoter will register its concert, fundraiser, gala or other event (hereinafter “Event”) on the Website. The Event will receive its own page on the Website whereby the Promoter will be able to market the Event, as well as offer ticket sales through Giveback’s Payment Processing Services, should the Promoter choose to do so.
Promoter and Event Verification: Giveback reserves the right to verify any and all Promoters and Events listed on its website before collecting and/or distributing any funds. Some forms of verification may include, but are not limited to: requesting copies of identification and business records of the Promoter; requesting written documentation from the venue declaring the Event’s date; and, in some circumstances, requesting access to bank accounts associated with an Event.
Fees: Creating an account and listing an event on the Website is free. Fees are charged only when Promoter sells a ticket, or buys pre-paid tickets/registrations. All descriptions of fees herein and on the Website represent the standard fees that Giveback charges Promoters. These fees may vary at the sole discretion of Giveback, based on individual relationships with Promoters. Promoters have the option to pass along “Fees” to ticket purchasers, which will be disclosed on the purchaser’s receipt, or to absorb the fees into the ticket and/or registration price. The fees charged to purchasers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees.

Standard Fees: The standard fees that Giveback charges are 2.9% of each transaction plus ninety-nine cents ($0.99) per ticket sold.
Promoter’s Bank Fees: Promoter shall be responsible for any fees charged by his or her bank in connection with selling tickets to the Event on Giveback.
Sales Tax: Complying with all applicable local, state and federal tax laws, including but not limited to the collection and payment of sales tax is the sole responsibility of the Promoter.

Refunds: All transactions that take place on the Website are between Promoters and Event attendees. Because of this, Giveback requires that Event attendees contact the Events respective Promoter with all refund requests. For a more detailed description of Givebacks refund policy click here. In the event that Promoter has not responded to refund requests with in two days or that there is a dispute surrounding a refund request, either the Event attendee or Promoter may contact Giveback. Giveback may, at its sole discretion, attempt to resolve the situation. However, Giveback shall have no liability for any failure by Promoter to give refunds; Giveback’s inability to mediate any disputes; or its decision if it successfully mediates any disputes.
Charge Backs: In the event that Giveback receives any “Charge Backs” from its credit card processing agencies, it shall charge the Promoter a twenty-five dollars ($25) per chargeback and hold the funds associated with chargeback until a ruling is made. In the event that the Chargeback is ruled in favor of the ticket purchaser, Giveback shall initiate a refund using the funds that it has held associated with said Charge back. In the case of the chargeback being ruled in favor of the Promoter funds will be transferred to the bank account on file for the Promoter including the $25 fee.
Event Account: Any and all funds collected in regard to the ticket sales associated with the event shall be held in a account specifically designated for such event (“Event Account”). Promoter is responsible for providing relevant banking information, including account numbers and routing numbers before any funds can be transferred from the Event Account to the Promoter.
Holding Funds: In the event that there is any suspicious activity, charge backs or excessive support communications associated with any Event, Giveback reserves the right to hold any and all funding associated with said Event at its sole discretion for up to ninety (90) days.
Distribution of Funds: Once an event has reached 100 tickets sold. Promoter may begin to draw funds from its Event Account upon request. Promoter may draw up to 60% of the total balance of the Account up to 3 times before the Event occurs. The remaining funds will be distributed within 7 days after the event occurs.
Email: Giveback may make available features that allow you to send electronic communications to other Website users and Promoters or third-party vendors via Email. Should the Promoter decide to use these features, he or she strictly agrees that:

Promoter has all necessary authority to send emails to the intended recipients on its legally obtained email list, that such list was created on an opt-in basis in jurisdictions that require such registration by local, state or federal law; and such emailing by Promoter complies with the applicable privacy policy under which the intended recipient registered their respective email address;
Promoter’s use of the Email features is legal in any and all jurisdictions;
Promoter’s use of the Email features will be solely in relation to the advertisement, promotion and management of a bona fide event that is listed on the Website;
Promoter will not use deceptive practices in relation to use of Email features, including but not limited to false or misleading headers and deceptive subject lines;
Promoter will identify emails as advertisements;
Promoter will not tamper with or attempt to remove the unsubscribe link that Giveback includes in every email; and
Promoter will not email any person that he or she has known or should reasonably have known to have opted out of receiving emails from him or her.
Should any Promoter fail to comply with the above conditions, Giveback, at its sole discretion, may restrict, limit or terminate said Promoters access to the Email features in full or part, without restriction.

Site Content: Promoter agrees that all materials delivered via the Website or otherwise made available by Giveback in connection with the services provided on the Website is protected by copyrights, trademarks, services marks, trade secret or other intellectual property rights law. The conglomerate of all of the content contained within the entire Website is the exclusive property of Giveback. Promoter will not reproduce Website content on any other available channel for any reason without the express written consent of Giveback. All use of Website content shall be lawful and in alignment with these Terms and Conditions.
Promoter-Provided Content: Promoter agrees that if he or she contributes, provides or makes available any Content to the Website, Promoter grants Giveback a non-exclusive, world-wide, 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 such content, in whole or in part, in any media now known or invented in the future, for the purposes of operating and promoting the Website. Further, Promoter grants permission to Giveback to use its name and logo for the purposes of identifying Promoter as an existing or past customer both on the Website and in marketing and promotional materials. Notwithstanding the foregoing, Giveback does not claim and Promoter does not transfer, any ownership rights in any of the Promoters Content none of these terms restrict any rights that Promoter may have to use and exploit their own Content outside of the Website. Promoter warrants that he or she has the authority to grant such a license and that all Content:

Does not infringe upon the rights of a third party;
Complies with all applicable law; and
Does not violate Givebacks Terms and Conditions.

Content Restrictions: Promoter is liable for all content, in whatever existing or future existing form he or she provides for the Website, including any content made available to a third party. Promoter agrees to provide content that complies with Giveback’s Community Standards (click here) and all applicable laws and to not use the Website to:

Make available any content that is unlawful, vulgar, harmful, threatening, harassing, tortuous, defamatory, obscene, hateful or otherwise reasonably objectionable;
Harm minors in any way;
Facilitate gambling or other gaming operations, including sweepstakes, raffles, contests;
Impersonate any living or deceased person, including Giveback representatives or falsely state your affiliation with a person or entity;
Use deceptive headers or otherwise dishonest identifiers in order to hide the true origin of any Content transmitted through the Website;
Upload or make available any content that violates the intellectual property rights of any third party;

Age Restrictions: In order to register as a Promoter, you must be: at least eighteen years of age, or the legal age of the majority where you reside; or, if between the ages of thirteen and seventeen, with the permission and guidance of a parent or legal guardian. Children under the age of thirteen are not allowed to register as Promoters.
Remedial Rights: Promoter acknowledges that Giveback does not approve Promoter’s Content provided to Website in connection with the Event before it is posted. However, Giveback shall have the right to alter, edit or remove any Content, if said Content violates the Terms of Service. If Giveback wishes for Content to be changed to comply with the Terms, it will send Promoter notice prior to taking any such action. In the case that Content violates the law, Giveback may take immediate action without such notice. Promoter acknowledges and agrees to allow Giveback to preserve Content and account information and also to disclose Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to

Comply with the law;
Respond to claims that Content violates the rights of third parties;
Enforce the these Terms of Use; and/or
Protect the rights, property and/or personal safety of Giveback, its users and/or the public, including fraud prevention.

Sub-domains: Giveback may provide Promoter with the right to use a sub-domain within the Website for registered and verified Events. All such sub-domains are the sole property of Giveback and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. All sub-domains shall only remain active so long as the Promoter is actively promoting an Event on Giveback
Right to Modify: Giveback does do not guarantee any set of product features or functionality and reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Website for any reason. In such event there will be no refunds to Promoters for fees already collected, as Giveback is only paid if the platform is used to process ticket sales payments.
Fraudulent or Illegal Activity: Should the Promoter use the Website in any way that is deemed illegal, fraudulent, tortious, or otherwise damaging to Giveback, he or she will be prosecuted to the fullest extent of the Law.

Giveback provides this privacy policy ("Policy") to inform you of: (i) the types of information we collect; (ii) your choices surrounding such information; and (iii) how we collect, use, share, update and protect such information. This Policy applies to customer information obtained in connection with your access to and use of the Website. This Policy does not alter in any way the terms or conditions of the Agreement.

Giveback is committed to maintaining your privacy, providing you with information and choices, and permitting you opportunities to correct inaccuracies. If, after reading this Policy, you have questions, comments or concerns, please contact us at the address indicated below.

support@givebacktickets.com

Information We Collect

We collect information you provide directly to us. By way of example and not limitation, we collect information when you create an account or profile; use the interactive areas and features of our Website; make a purchase or rental; sign up for contests, promotions or mailing lists; and when you email, call or otherwise communicate with us. The types of information we may collect include (i) account information, such as your name, address, phone number, fax number, email address, photos, social media usernames, demographic information and information about your interests and preferences; and (ii) transaction information, such as your name, billing address, shipping address, phone number, email address, credit card information and transaction history.

Information We Collect When You Use Our Services.

We may also automatically collect information about you when you access or use our services, including, without limitation:

Device Information: We collect information about the mobile device or computer you use to access our Website, including, without limitation, the hardware model, operating system and version; unique device identifiers; and mobile network information.
Location Information: We may collect information about your location when you access or use our Website or otherwise consent to the collection of this information.
Information Collected by Cookies and other Tracking Technologies: We may use cookies, web beacons and other tracking technologies to collect information about you and your interaction with our Website, including, without limitation, information about your browsing behavior, purchase behavior and other engagement with the Website. We use this information in one or more of the ways described in the "Use of Information" section below.

Information We Collect from Other Sources

We may also receive personal information about you from other sources and combine or link that with information we have about you.

Use of Information

We use the information we collect about you for a variety of purposes, including, without limitation: (i) providing and delivering services, process and complete transactions and sending you related information, including, without limitation, purchase confirmations, invoices, updates, security alerts, recall notices and support and administrative messages; (ii) providing, maintaining, and improving the Website; (iii) investigating and preventing fraudulent transactions and other illegal activities; (iv) responding to your comments and questions and providing customer service; (v) communicating with you about Giveback services, offers, promotions, news, upcoming events and other information we think will be of interest to you; (vi) monitoring and analyzing trends, usage and activities; and (vii) personalizing the Website and provide advertisements, content or features that are targeted toward your interests.

Sharing of Information

We may share personal information about you outside of Giveback and its affiliates, including, without limitation: (i) with third parties who complete payment or other transactions or perform services on our behalf; (ii) we may make our postal mailing list and general shopping information available to selected companies we believe may offer products or services of interest to you; (iii) when you sign up for and participate in the interactive areas of our Website, certain information about you may be displayed publicly on our Website and on third party sites, such as your photos, stories, posts and other information you choose to provide in your profile; (iv) in connection with, or during negotiations of, a corporate business transaction, such as a merger or acquisition of all or a portion of our business to another company, joint venture, corporate reorganization, insolvency or bankruptcy, financing or sale of company assets; (v) if we have a good faith belief that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; (vi) to enforce our agreements, policies, and terms of use; (vii) to protect Giveback, our members, our customers and/or any other person from harm; and/or (viii) with your consent. We may also share aggregated, non-personally identifiable information about you.

Social Sharing Features

The services we provide may offer social sharing features or other integrated tools, which let you share actions you take with respect to the Website with other media, and vice versa. The use of such features may enable the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the third parties that provide these features.

Security

Giveback takes reasonable measures, including, but not necessarily limited to, administrative, technical, and physical safeguards, to protect information about you from loss, theft, misuse, unauthorized access, disclosure, alteration and destruction.

Your Information

You may update or correct information about you by logging into your account. You may also email us if you wish to deactivate your account, but note that we may retain information about you for legitimate business purposes or as required by law.

Promotional Communications

You may opt out of receiving promotional emails and text messages from Giveback by following the instructions in those communications or changing your preferences. If you opt out of receiving promotional communications, we may still send you non-promotional emails, such as emails about your purchases, account, membership or our ongoing business relations.

Location Information

In the event you do not wish Give Back to receive your location information, you have the ability to turn location-based services on and off by adjusting the settings of your mobile device, or by following the standard uninstall process and removing all Giveback applications from your mobile device.

Third Party Advertising, Analytics and Services

We may allow third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These third parties may use cookies, web beacons and other technologies to collect information about your use of the Website. This information may be used by Giveback and these third parties to analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests and to better understand your online activity. In addition, the Website may contain links and/or interactive functionality interacting with the applications and/or websites of third parties. This Policy does not apply to, and we are not responsible for, third party cookies, web beacons or other tracking technologies, links, applications or websites, and we encourage you to check the privacy policies of these third parties to learn more about their privacy practices.

Your California Privacy Rights

California law permits residents of California to request certain details about how their information is shared with third parties for direct marketing purposes. However, under the law, a business is not required to provide this information if it permits California residents to opt in to, or opt out of, this type of sharing. Giveback qualifies for this alternative option. To opt out of having your information shared with third parties for direct marketing purposes, please send us an email.

Changes to this Policy

Giveback may change this Policy from time to time and in any manner in Giveback’s sole and absolute discretion. Any such change shall be effectively immediately upon the posting of the amended Policy on the Website, and no notice of any such change shall be required for such amended Policy to be effective. We encourage you to review the Policy to stay informed about our information practices and the ways you can help protect your privacy.