Thank you for using SimpleTix. By using the SimpleTix.com website, mobile applications, or related services (collectively, “Service”) owned by SimpleTix Corporation (the “Company”), you hereby agree to be bound by these Terms of Service (“Terms”) in full and without modification.
These Terms were last updated on April 2, 2020.
(a) – The Company reserves the right to update, replace, and/or change the Terms at any time and without notice. The newest version of the Terms will be posted on the Service. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms. Continued use of the Service after any update, replacement, and/or changes shall constitute your consent to such changes. You can review the most current version of the Terms at any time at: https://www.simpletix.com/terms-of-use/.
(b) – The Company reserves the right to terminate your Account (as defined below) at any time and for any reason, with or without notice. The Company may refuse service to any User. For the purpose of these Terms, a “User” or “you” shall be any person or entity including (without limitation) any Organizer, Seller, or Registrant that utilizes, views, uses or accesses any of the Services, whether or not such person or entity is registered for an Account.
(c) – The Company may modify or discontinue the Service or any aspect thereof at any time and without notice.
- Privacy and Consumer Information
(b) – If you are a Seller, you represent, warrant and agree that (a) 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) potential or actual Customers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) potential or actual Customers. For the purpose of these Terms, the term “Customer” shall include any individual seeking to potentially purchase, or who has purchased, anything items or services offered through the Services of the Company, or by any Seller using such Services.
- Your Account
(a) – In order to use all of the features of the Service, you may be required to register for a user account (“Account”). You agree to keep your Account password secure and to be responsible for all actions and purchases made through the Account. You further agree that:
- – You are at least 13 years of age;
- – You have never been banned from the Service;
iii. – All information you submit to the Service, including your full legal name, valid email address, and other information, is accurate, complete, and truthful, and will at all times be kept updated;
- – You will not share your Account with any other person. Your Account may only be used by one person. A single Account shared by multiple people is not permitted;
- – You are responsible for all text, images, videos, sound clips, or other content (collectively, “Content”) posted by your Account. You will not post Content that is illegal, offensive, or designed to harass any other person;
- – You will not use the Service to violate the intellectual property rights of any other person and/or entity;
vii. – You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws);
viii. – You will not hack, reverse engineer, decompile, index, scrape, misuse, or interfere with the Service, its network, or its Users; and
- – You will not reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission from the Company.
(a) – We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion is unlawful, is offensive, is threatening, is libelous, is defamatory, is pornographic, is obscene, is otherwise objectionable, violates any person’s and/or entity’s intellectual property, or violates these Terms.
(b) – Verbal, physical, or written abuse (including but not limited to threats of abuse or retribution) of the Company or of any User, customer, employee, member, or officer of the Company will result in immediate Account termination.
(a) – The Service functions as a marketplace that allows ticket seller Users who are hosting events (“Sellers”) to sell tickets directly to ticket purchaser Users (“Registrants”) for the Seller’s event (each, an “Event”). Other Event attendees who are specifically invited to join an Event Community will be considered “Registrants” for purposes of these Terms. The Company does not host, endorse, or have any affiliation with any of the Event. By hosting or attending an Event, you acknowledge and agree that the Company will not be held responsible for the Event.
(b) – Technical support is only provided via email, phone, and live chat on an as-available basis.
(c) – You understand that the Company uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
(d) – You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
(e) – Certain laws, including but not limited to the Telephone Consumer Protection Act and the CAN-SPAM Act (“TCPA and CAN-SPAM”), prohibit certain types of unauthorized third-party communications. You acknowledge that you are familiar with the requirements of these laws and that you will not, under any circumstance, utilize any feature of the Service in violating any law, including but not limited to the TCPA and CAN-SPAM Acts. You will indemnify, defend, and hold harmless the Company from and against any liability arising due to your breach of any such law.
(f) – The Service may allow both Sellers and Registrants to send messages to each other (“User Messages”). You are solely responsible for User Messages you send, including but not limited to any liability arising from such User Messages, and agree to release, indemnify, defend, and hold the Company harmless from any such liability. You represent and warrant that you own or have the necessary rights and permissions to everything that is contained within your User Messages.
- Box Office Attendee Communication Features
(a) – The Company offers a Box Office Web-Application that contains the ability to view, manage, and communicate with all attendees an event. Your use of the SimpleTix Box Office Web-Application is subject to all terms specific to the Service generally as well as the terms of this Section 6
(b) – The Company may, in its sole discretion, disable, modify, or prevent you from using our email attendees feature without notifying the Seller.
- Community Conduct
(a) – Registrants agree to:
(i) – Not post any illegal, abusive, defamatory, false, misleading, or inaccurate information of any kind to any Event Community or message any other User any such information.
(ii) – Not use the Event App for any purpose which would violate the rights, including copyright or trademark rights, of any third-party.
(iii) – Not use any Event Community for any purpose which might be commercial (other than to promote an Event) in nature.
(b) – Sellers agree to:
(i) – Moderate Event Communities they have hosted to ensure that Registrants comply with Section 7(a) of these Terms.
(ii) – Not post any illegal, abusive, defamatory, false, misleading, or inaccurate information of any kind to any Event Community or message any other User any such information;
(iii) – Not use any Event Community for any purpose which might be commercial in nature, provided that Sellers may display messages and content from sponsors of the respective Event or sponsors otherwise affiliates with the Seller or the Event App.
(iv) – Use push notifications only to send legitimate Event related administrative messages to Users.
(v) – Not use the Event App for any purpose which would violate the rights, including but not limited to copyright or trademark rights, of any third-party.
(a) – The Company supports multiple payment methods to facilitate online payments through the Service, including but not limited to Square, PayPal, Stripe, Authorize.NET, and Braintree (collectively, “Payment Providers”). Sellers use their existing Account with any of the supported Payment Providers. (b) – If the Seller is using PayPal, Stripe, or Square (in the USA) The Company will automatically charge a service charge as listed on our pricing page at https://www.SimpleTix.com/pricing at the time of any purchase / registration made for any event. As a Registrant, you agree to pay the full price for the event plus the SimpleTix service charge per ticket, if the Seller chooses to pass on the SimpleTix service charge to you. As a Seller, you agree to pay the SimpleTix service charge per ticket/registration if you choose to absorb the service charge.
(c) – If the Seller’s is using: Square (CA/UK/AU), Authorize.net, SafeSave, USA ePay, Heartland, BrainTree, or any other payment provider that does not allow SimpleTix to take our fee automatically at the time of payment, SimpleTix will charge the Seller’s credit card on file for SimpleTix fees.
(d) – The SimpleTix Box Office app fees, listed here: https://www.simpletix.com/pricing.php will be charged to the Seller’s credit card on file on the 1st day of each month.
(e) Our billing date is on the 1st day of each month. After the transaction is complete Simpletix send via email to the Seller’s registered email address the paid invoice with all of the service charges. If the payment fails, SimpleTix will try 1-time per day for the next 5 days. In case of 5 days without payment, the Company may terminate the Account including all current events and might also take other measures to recover the dues as appropriate.
- Refunds and Cancellations
(a) – Because the Service is merely a marketplace for Sellers and Registrants, the Company has no obligation provide and/or offer refunds for any purchases made through the Service. Sellers may set their own refund and cancellation policies for their Registrants. Registrant must contact Seller directly for refund and cancellation requests and information; requests made to the Company will not be processed. UNDER NO CIRCUMSTANCE WILL COMPANY BE RESPONSIBLE FOR ANY PAYMENT, REFUND, OR CANCELLATION DISPUTE BETWEEN SELLER AND PURCHASER.
(b) – If the Seller is using PayPal, Stripe, or Square (in the USA) and the Company is automatically charging the service charge at the time of the order, the Seller can process a refund up to 180 days after the order date. If the refund is made during the same month as the original order date SimpleTix will refund the application fee. If a refund is made after the current month, SimpleTix will keep the service fee charged and the Seller will be responsible for those application fees.
(c) – If the Seller is using Square (in the CA, AU, UK), Authorize.net, Braintree, Heartland and/or the Company is charging the service charge at the end of each month, the Seller can process a refund up to 180 days after the order date. If the refund is made during the same month as the original order date SimpleTix will not count tickets from this order when calculating the service fees for the month. If the Seller makes a refund, order cancellation, of deletes line items from an order after the billing cycle, SimpleTix will not refund the SimpleTix fees that were previously charged.
- Copyright Policy
SimpleTix prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.
Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, you hereby agree that notifications of claimed copyright infringement be sent by certified mail to:
19 Bryant St
Asheville, NC 28806
When contacting the Company, please make sure that you include the following information:
(a) – a statement that you have identified content on SimpleTix that infringes your copyright or the copyright of a third-party on whose behalf you are entitled to act;
(b) – a description of the copyright work(s) that you claim have been infringed;
(c) – a description of the content that you claim is infringing and the SimpleTix URL(s) where such content can be located;
(d) – your full name, address and telephone number, a valid email address on which you can be contacted, and your SimpleTix username if you have one;
(e) – a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
(f) – a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. Section 512(c), please also include the following:
(g) – with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
(h) – your electronic or physical signature (which may be a scanned copy).
SimpleTix will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. Section 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.
- Repeat Infringer Policy
(a) – In accordance with the DMCA and other applicable laws around the world, SimpleTix has adopted a policy that it will promptly terminate without notice any User’s access to the Service if that User is determined by SimpleTix to be a “repeat infringer.” A repeat infringer includes, without limitation, a User who has been notified by SimpleTix of infringing activity violations more than twice and/or who has had any User-submitted content removed from the Service more than twice. SimpleTix may also at our sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
(b) – In addition, SimpleTix accommodates and does not interfere with standard technical measures used by intellectual property rights owners to protect their materials.
(c) – Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms.
- Limitation of Liability and Disclaimers
(a) – By using the Service, you acknowledge and agree that the Service is provided without any warranties, guarantees, or representations of any kind, including any warranties of fitness for a particular purpose or merchantability. Without limiting the foregoing, the Company does not warrant that
(i) – the Service will meet your specific requirements,
(ii) – the Service will be uninterrupted, timely, secure, or error-free,
(iii) – the results that may be obtained from the use of the Service will be accurate or reliable,
(iv) – the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or the representations of the Seller, and
(v) – any errors in the Service will be corrected.
(b) – Sellers, and not the Company, are solely responsible for hosting, promoting, planning, and conducting the Events. By using the Service, you acknowledge and agree that in no event shall the Company be liable to any User, person, and/or entity (including but not limited to Registrants and Sellers) for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including without limitation, legal expenses, loss of business, loss of profits, loss of revenue, lost or damaged data, cost of substitute goods or services, losses arising out of
(i) – any Event;
(ii) – any fraudulent claims made by any Seller; or
(iii) – the Service being inaccessible, or failure to realize expected savings or any other commercial or economic losses arising out of or in connection with these Terms, even if the Company has been advised of the possibility of such loss or damages, or such losses or damages are foreseeable.
(c) – By using the Service, you acknowledge and agree to use caution when attending or participating in any Event.
(d) – By using the Service, you acknowledge and agree that the Company does not screen, vet, or otherwise endorse any Event.
(e) – By using the Service, you acknowledge and agree that the Company cannot be, and is not, responsible for safety at any Event.
(a) – You agree to indemnify, defend, and hold harmless the Company, its affiliates, and their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
(b) – your involvement or attendance at any Event; (b) your breach of these Terms or the documents referenced herein; or (b) your violation of any law or the rights of a third-party.
- Attorney Fees
In the event that SimpleTix is successful in whole or in part in any action or proceeding related to or arising from these Terms, you shall be responsible for SimpleTix’s attorneys’ fees and costs, including but not limited to attorneys’ fees and costs incurred in collecting any judgment.
- Jurisdiction and Choice of Law; Dispute Resolution
Subject to Section 15 hereof, If there is any dispute arising out of the Service, you expressly agree that any such dispute shall be governed by the laws of the State of North Carolina, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of North Carolina, for the resolution of any such dispute. Acceptance of these Terms constitutes your consent to be sued in such courts and to accept service of process outside the State of North Carolina with the same force and effect as if such service had been made within the State of North Carolina. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been affected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.
- Arbitration Provision/No Class Action
Except where prohibited by law, and notwithstanding Section 14 hereof, as a condition of using the Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the courts of the State of North Carolina, Buncombe County, or the United States District Court for the District of North Carolina. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of North Carolina, Buncombe County, or the United States District Court for the District of North Carolina. Notwithstanding the terms of this Section 15, the parties may bring claims in the state or federal courts of North Carolina (subject to Section 14 hereof) for injunctive relief relating to the infringement of intellectual property.
- Chargebacks and Additional Payment Terms
Chargebacks made through Payment Provider will be the responsibility of the Seller.
- Intellectual Property
(a) – You acknowledge that any intellectual property used on the Service or by the Company is property of its respective owner and that no license, assignment, or sale of intellectual property has been offered to you. You agree not to use any of the intellectual property associated with the Site or Company, or derivatives thereof, including the name “SimpleTix,” for any purpose other than those expressly permitted in these Terms. The Company reserves all rights to its all intellectual property.
(c) – You grant the Company a perpetual, irrevocable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense any User Messages or public material you post to the Site or share with the Company. You represent and warrant that you have the right to enter into this license.
18. PROHIBITED USES
By using SimpleTix you also confirm that you will not accept payments or use the Service in connection with the following activities, items or services:
- Adult or adult-related content, including performers or “cam girls”
- Alimony, child support, or other court-ordered payments
- Bath salts and herbals
- Buyers clubs, discount clubs or membership clubs
- Check cashing, or payment for a dishonored check or for an item deemed uncollectible by another merchant
- Computer repair or maintenance services, such as antivirus programs
- Cruise lines
- Credit counseling or credit repair agencies
- Credit protection or identity theft protection services
- Counterfeit or possibly counterfeit goods, such as designer handbags, clothing and accessories, and consumer electronics
- Debt collection, consolidation, or reduction services
- Digital goods including digital currency
- Direct marketing of subscription offers
- Distressed Property Sales and Marketing
- Door to door sales
- Drugs, alcohol, or drug paraphernalia, or items that may represent them
- Doctor assisted suicide, abortion and any other activity that ends human life
- Factoring, liquidators, bailiffs, bail bondsmen
- Financial services, such as cash advances, bill payment, loans, prepaid cards, wire transfers, or sales of money orders or foreign currency
- Gambling or betting, including lottery tickets, casino gaming chips, off-track betting, fantasy football, memberships on gambling-related internet sites and wagers at races
- Hate, violence, racial intolerance, or the financial exploitation of a crime
- Infomercial merchants
- Internet pharmacies or pharmacy referral sites
- Inbound or outbound telemarketing businesses including lead generation businesses
- Licensed or franchised goods or services, such as Apple products
- Live animals
- Magic, enchantment, sorcery or other forms of yet-to-be-explained science
- Medical equipment
- Multi-level marketing businesses, pyramid or Ponzi schemes
- Obscene or pornographic items
- Pharmaceuticals, including medical marijuana
- Prepaid phone cards or phone services
- Prostitution, escort services, massage parlors, and other potentially sexually related services
- Real estate or motor vehicle sales
- Rebate or upsell programs
- Scrip-dispensing terminal
- Sexually explicit content, events that coordinate sexual encounters or encourage sexual interactions with other individuals.
- Timeshares, timeshare resales and related marketing
- Tobacco, cigarettes, or e-cigarettes
- Unlawful activities or items, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Violent acts towards self or others, or activities or items that encourage, promote, facilitate or instruct others regarding the same
- Weapons, including replicas and collectible items, or ammunition or other accessories
- Weight loss programs
You will not accept payments by American Express card in connection with the following activities, items, or services:
- Equities (including stocks, bonds, or any other ownership position in a corporation)
- Goods or services to be delivered more than four (4) months in the future, with an intention of gaining return on investment
- Internet auctions
- Political parties
- Telecommunications (including wireless, cable, satellite, wireline, and ISP)
- Travel industry (including car rental, lodging, and other travel tour operators)
In addition, you may not use the Service for:
- Collecting and storing credit card number, expiration date, or cvv outside the billing fields that work directly with payment providers. You cannot request, store and save this information in any manner that is outside the billing protocols. Violators will have their accounts terminated and the data expunged.
- Collecting, storing and saving full social security numbers.
- Impersonating any person or entity or falsely claiming an affiliation with any person or entity;
- Collecting, or attempting to collect, personal information about users or third parties without their consent, or using such information except as necessary to use the Service;
- Sending unsolicited offers, advertisements, proposals, or junk mail or spam to others. This includes, but is not limited to, unsolicited advertising, promotional materials, or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signature;
- Accepting payments for goods or services provided by someone other than you;
- Providing yourself or others with a cash advance from a credit card;
- Any illegal purpose, or violating any local, state, national, or international law, including, without limitation, laws governing intellectual property, taxation, and data collection and privacy;
- Defaming, harassing, abusing, threatening, or defrauding others;
- Posting, transmitting, or distributing content that is false, misleading, unlawful, obscene, indecent, lewd, pornographic, hateful, abusive, inflammatory, or that violates the rights of others (including rights of publicity or privacy);
- Damaging, disabling, overburdening, or impairing SimpleTix, including without limitation, using the Service in an automated manner;
- Interfering with another user’s enjoyment of the Service, by any means, including by uploading or otherwise disseminating viruses, adware, spyware, worms or other malicious code;
- Competing with SimpleTix, SimpleTix’s business partners;
- Sending or receiving what SimpleTixconsiders to be funds for something that may have resulted from fraud or other illegal behavior;
- Abusing the payment card system or violating the Operating Regulations, in the reasonable opinion of the Networks or WePay;
- Acting as a money services business or money transmitter;
- Transferring funds between bank accounts held in the same name;
Creating an Account that is linked to another Account that has engaged in any of the foregoing activities. SimpleTix may use evidence other than your Account information to determine whether you control an Account in someone else’s name, including but not limited to Internet Protocol addresses, common business names, phone numbers, and mailing addresses.
If SimpleTix determines that you have received funds resulting from fraud or a prohibited activity, those funds may be frozen, returned to the Purchaser, or seized.
(a) – The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company (including, but not limited to, any prior versions of the Terms).
(b) – Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service.
(c) – Our postal address is: SimpleTix, 19 Bryant St, Asheville, NC 28806
(d) – Questions about these Terms should be sent to support@SimpleTix.com