Introduction
Welcome and Purpose
Welcome to Fannatickets, a dynamic marketplace dedicated to connecting Organizers and Consumers through seamless ticketing and merchandise sales. Our platform is designed to ensure your events and sales proceed smoothly and securely.
Acceptance of Terms
By accessing or using the Fannatickets platform, you acknowledge that you have read, understood, and agreed to be bound by these Terms of Service, our Privacy Policy, our Refund Policy, our Merchant Agreement (if you are an Organizer) and all other related policies. These documents govern your use of our services and your relationship with us. If you do not agree with any part of these terms, please do not use our services.
This document does not constitute legal advice. Please seek legal counsel if you have any questions regarding these terms.
Definitions
"Fannatickets" refers to Fannatickets Inc., its affiliates, directors, officers, employees, agents, contractors, successors, and assigns.
"Services" refer to all functionalities provided by Fannatickets, including ticket, event, booth, and merchandise marketplace sales, event listings, and all associated features accessible via our website and mobile applications.
"Organizer" refers to anyone using Fannatickets to create, manage, promote, and sell Services.
"Consumer" refers to users who purchase and access Service through Fannatickets websites and other methods of sale.
"Fannatickets Service Charges" refers to monies charged to Organizers and/or Consumers in relation to the purchase or consumption of Services.
"You" and "User" refers to Organizers and Consumers in general.
User Rights and Responsibilities
Account Registration
Users must provide accurate and current information during the registration process and are responsible for maintaining the confidentiality of their account details.
User Conduct
Users are expected to use the Services responsibly and legally, not engaging in fraudulent activities, misrepresentation, or any behavior that could interfere with other users' rights or the platform's integrity.
Age Restrictions: You acknowledge that some events may carry a minimum age requirement or require an accompanying parent or legal guardian for attendees below a certain age. You agree to review and comply with such age restrictions when purchasing Services.
Communication and Email Policy
Acceptance of Communications
By creating an account, purchasing tickets, or listing events with Fannatickets, you agree to receive electronic communications from Fannatickets related to your account, transactions, events you have listed or registered for, and other necessary communications regarding your use of our Services. These communications may include, but are not limited to:
- Transactional emails related to account management and event transactions.
- Notifications concerning event changes, cancellations, and confirmations.
- Reminders and updates about events for which you have purchased tickets or are organizing.
- Informational communications related to your account or events, such as tips, features, survey requests, and policy updates.
Email Content
The emails sent by Fannatickets may contain important information about your account and the services you are using, including announcements and administrative messages that are considered part of your Fannatickets account membership and cannot be opted out of receiving.
Opt-out of Marketing Communications
While you cannot opt out of receiving system notifications or other notices related to your account and the direct functioning of our services, you may choose to opt out of promotional communications. You can unsubscribe from marketing communications by following the unsubscribe link in such emails or by contacting customer support at fannatickets@fannatickets.com.
Responsibility for Receiving Communications
You are responsible for ensuring that your contact information is up to date and accurate. Fannatickets is not liable for any missed communication due to outdated or incorrect contact details.
Use of Third-Party Services for Communications
Fannatickets may use third-party services to manage email communications sent to users. You acknowledge that, by receiving these communications, your personal information may be handled by these third-party services in accordance with their privacy policies and our instructions.
Use of Services
Intellectual Property
Fannatickets grants you a limited license to access and use our Services for personal or, if applicable, business use. However, this license does not include any resale or commercial use of the Services or their contents.
User Contributions
Any content posted by users remains their intellectual property, but by posting on Fannatickets, users grant a non-exclusive right to Fannatickets to use, reproduce, modify, and display such content in connection with the Services.
Payment and Fees
Payment Processor Fees
Fannatickets recoup the approximate cost of payment processor fees assessed against us for each purchase by adding a Payment Process Fee of 3.1% to final amount for the purchase of the Service.
Fannatickets Service Fees
Fannatickets charges the following fees on the purchase of Services, which are paid by the Consumer: a fixed fee of $1.25 per Service unit sold and a variable fee of 3.5% of the total value of the purchase before taxes and before Payment Processor Fees.
Payment Integration
Fannatickets uses payment integrations to interact with online payment providers in order to accept and process payment from users for the purchase of Services.
Exclusion of Liability and Indemnity Agreement
Exclusion of Liability
Fannatickets shall not be liable for any losses, damages, liabilities, claims, costs, penalties, or expenses of any kind whatsoever, arising directly or indirectly from or related to the use of the Fannatickets platform or services by Organizers, Consumers, or any third parties. This includes, but is not limited to:
- Any failures, errors, omissions, interruptions, deletions, defects, delays in operation or transmission, communication line failures, theft or destruction or unauthorized access to, alteration of, or use of records, whether for breach of contract, tort, negligence, or under any other cause of action.
- Any issues related to the accuracy, sufficiency, or validation of information provided by Organizers on the Fannatickets platform, including event details, ticketing, and merchandise.
- Any direct, indirect, incidental, special, consequential, or punitive damages arising out of your access to, use of, inability to use, or reliance on the services or any content therein, even if advised of the possibility of such damages.
- Any actions taken in response to breaches of the Terms of Service by a user, including account suspension or termination.
- Any damages arising from transactions, interactions, or disputes between Organizers and Consumers or between site users and any third parties.
All aspects of the offering of Services are the responsibility of their respective Organizers, who are wholly responsible for the accuracy of information, and event outcomes.
Indemnity Agreement (Hold-Harmless Clause)
Each Organizer agrees to defend, indemnify, and hold harmless the Fannatickets Parties from and against any claims, actions, demands, liabilities, judgments, and settlements, including without limitation, reasonable legal fees arising from or related to:
- Any breach of their obligations, representations, or warranties under these Terms of Service.
- Any misuse of the services provided by Fannatickets.
- Any event organized by the Organizer using Fannatickets services, including but not limited to, the event's failure to comply with applicable laws, the failure to fulfill any obligations to the Consumer as promised or advertised, and any other claims made by Consumers regarding the event or merchandise sold,
- Any claim brought by a Consumer or third party relating to, or arising from, events hosted by the Organizer, including but not limited to, claims for refunds, injuries, mismanagement, or misinformation.
The obligation to indemnify and hold harmless shall include the duty to defend as applicable by any parties entitled to indemnification herein, with counsel approved by Fannatickets. This indemnity provision shall be in addition to any other rights Fannatickets may have at law or equity.
General Provisions
The above Exclusion of Liability and Indemnity Agreement shall survive the termination or expiration of this agreement and the cessation of use of services by the Organizer or any Consumer. The provisions herein are intended to be interpreted in a manner that makes them valid and enforceable. In the event a court finds any provision to be invalid, the remaining provisions of this clause shall remain in full force and effect.
Disclaimer of Warranties
The Services are provided "as is" and Fannatickets offers no warranties either expressed or implied.
Severability
If any provision of these Terms is held invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.