Terms of Service
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service
FlipTix, Inc. provides a service to buy, sell, access and use event tickets where the event is already in progress (“Flips”) through one application, as well as discover available events, partners, and other product information.
You may use the Service only if you can form a binding contract with FlipTix, Inc., and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by FlipTix, Inc.
B. FlipTix, Inc. Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Service for your personal, noncommercial use only and as permitted by the features of the Service. FlipTix, Inc. reserves all rights not expressly granted herein in the Service and the FlipTix, Inc. Content (as defined below). FlipTix, Inc. may terminate this license at any time for any reason or no reason.
C. FlipTix, Inc. Accounts
Your FlipTix, Inc. account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts for different types of Users. If you open a FlipTix, Inc. account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. Each User may only have one buyer and one seller account. By connecting to FlipTix, Inc. with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You may never use another User’s account without explicit written permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify FlipTix, Inc. immediately of any breach of security or unauthorized use of your account. FlipTix, Inc. will not be liable for any losses caused by any unauthorized use of your account.
By providing FlipTix, Inc. your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By registering to sell tickets/wristbands or to purchase tickets/wristbands, you agree that you are providing permission for FlipTix to access your account in the primary ticketing platform provider for an event that you are selling or buying for, and to confirm or verify tickets/wristbands that you are selling or buying as well as to access your ticket purchase history and account information with that primary ticketing provider.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the FlipTix, Inc. servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser; (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Service; (vii) collecting or harvesting any personally identifiable information, including account names, from the Service; (viii) using the Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Service; (xi) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (xii) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other FlipTix, Inc. Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. FlipTix, Inc. shall have no liability for your interactions with other Users, or for any User’s action or inaction.
2. Mobile Software
A. Mobile Software
We make available software to access the Service via a mobile device (“Mobile Software”). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Service. FlipTix, Inc. does not warrant that the Mobile Software will be compatible with your mobile device. FlipTix, Inc. hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one FlipTix, Inc. account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that FlipTix, Inc. may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and FlipTix, Inc. or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. FlipTix, Inc. reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies: the Mobile Software will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Software originates in the United States, and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Software and the FlipTix, Inc. Service.
B. Mobile Software from iTunes
The following applies to any Mobile Software you acquire from the iTunes Store (“iTunes-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and FlipTix, Inc., not Apple, and that Apple has no responsibility for the iTunes-Sourced Software or content thereof. Your use of the iTunes-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iTunes-Sourced Software. In the event of any failure of the iTunes-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the iTunes-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iTunes-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to FlipTix, Inc. as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the iTunes-Sourced Software or your possession and/or use of the iTunes-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the iTunes-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to FlipTix, Inc. as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that iTunes-Sourced Software infringes that third party’s intellectual property rights, FlipTix, Inc., not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and FlipTix, Inc. acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the iTunes-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the iTunes-Sourced Software against you as a third party beneficiary thereof.
C. Mobile Software from Google Play
The following applies to any Mobile Software you acquire from the GooglePlay Store (“GooglePlay-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and FlipTix, Inc., not Google, and that Google has no responsibility for the GooglePlay-Sourced Software or content thereof. Your use of the GooglePlay-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the GooglePlay-Sourced Software. In the event of any failure of the GooglePlay-Sourced Software to conform to any applicable warranty, you may notify Google, and Google will refund the purchase price for the GooglePlay-Sourced Software to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the GooglePlay-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to FlipTix, Inc. as provider of the software. You acknowledge that Google is not responsible for addressing any claims of you or any third party relating to the GooglePlay-Sourced Software or your possession and/or use of the GooglePlay-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the GooglePlay-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to FlipTix, Inc. as provider of the software. You acknowledge that, in the event of any third party claim that the iTunes-Sourced Software or your possession and use of that GooglePlay-Sourced Software infringes that third party’s intellectual property rights, FlipTix, Inc., not Google, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and FlipTix, Inc. acknowledge and agree that Google, and Google’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the GooglePlay-Sourced Software, and that, upon your acceptance of the terms and conditions of this Agreement, Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the GooglePlay-Sourced Software against you as a third party beneficiary thereof.
3. Our Proprietary Rights
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “FlipTix, Inc. Content”), and all Intellectual Property Rights related thereto, are the exclusive property of FlipTix, Inc. and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any FlipTix, Inc. Content. Use of the FlipTix, Inc. Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
You may choose to or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place FlipTix, Inc. under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, FlipTix, Inc. does not waive any rights to use similar or related ideas previously known to FlipTix, Inc., or developed by its employees, or obtained from sources other than you.
4. Referral Credit Program
FlipTix, Inc. may offer Users the ability to earn credits toward future purchases on the Service or on certain parts of the Service when they invite friends to become Users of the Service and those friends make a qualifying purchase within a pre-determined by FlipTix, Inc. time of the invitation sent through an authorized FlipTix, Inc. invitation channel (“Referral Credit”). You may only earn Referral Credit via a FlipTix, Inc. authorized User invite mechanism (“Authorized Channel”), for example an invitation sent through FlipTix, Inc. mobile applications, website, Facebook or another social media channel supported by FlipTix, Inc. Referrals outside of Authorized Channels will not result in any Referral Credit. You understand that Referral Credits are not transferable, may not be auctioned, bartered or sold, may not be pooled with other Users, and expire three (3) months after issuance. You will only receive Referral Credit for the first qualifying purchase made by each referral who makes his or her first purchase on the Service as a result of an invite from you via an Authorized Channel. If your referral does not follow the directions in the invite email or other valid invite mechanism to accept the invitation, you may not receive Referral Credit, and FlipTix, Inc. will have no liability to you for your referral’s failure to follow directions.
You agree that having multiple buyer or seller FlipTix, Inc. accounts is a violation of these Terms and Conditions and that sending invites to alternate email addresses or accounts or otherwise attempting to circumvent FlipTix, Inc. Referral Credit program system may, without limiting any other FlipTix, Inc. rights or remedies, result in suspension or termination of your account(s) and all Referral Credits in your account(s). FlipTix, Inc. reserves the right to void Referral Credits earned if we suspect that the Referral Credits were earned in a fraudulent manner, in a manner that violates this Agreement or in a manner otherwise not intended by FlipTix, Inc. You must not conduct your own promotion in connection with our Referral Credit program. You may not engage in any promotional, marketing, or other advertising activities on behalf of FlipTix, Inc., including by using any trademarks of FlipTix, Inc.
Referral Credits will appear in your account within a reasonable time after one of your qualifying invitees makes his or her qualifying purchase. Referral Credits earned via FlipTix, Inc. only be used on the Service and therefore have no value outside of the Service.
The Referral Credit program is void where prohibited by law. FlipTix, Inc. reserves the right to modify or terminate the Referral Credit program at any time. Should there be any tax liability for the accumulation and/or use of Referral Credits such taxes are the sole responsibility of the User. You understand that your account may not accurately reflect the Referral Credits you have actually earned. FlipTix, Inc. will have no liability for any errors displayed in your account.
5. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. FlipTix, Inc. may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We do not presently offer any recurring paid services, nor do we charge a recurring subscription fee for using the app. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. Final Sale
You are responsible for reading the complete listing before making a commitment to buy flips. When placing an order, you are entering into a binding contract with the Seller to purchase those flips. Payment is remitted to FlipTix, Inc. and all sales are final. Except for events that have been cancelled prior to your purchase, you will not receive a refund for completed purchases. You cannot change or cancel any orders after the sale is complete. You understand that FlipTIx does not guarantee any time remaining in an event, and that any indication provided by FlipTix as to the time remaining in an event is our best reasonable estimate based on available information.
You may cancel your FlipTix, Inc. account at any time; however, there are no refunds for cancellation. In the event that FlipTix, Inc. suspends or terminates your account or this Agreement for your breach of this Agreement or for any reason, you understand and agree that you shall not receive a refund, exchange, or anything at all for any unused FlipTix, Inc. Credits, any content or data associated with your account, or for anything elseu to the maximum extent permitted by applicable law.
C. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
If you pay by credit/debit card you agree not to file a card chargeback with regard to the purchase without first corresponding with us about the details of your dispute and allowing us reasonable time to investigate and respond to your dispute. In the event that you file a chargeback, upon a resolution in our favor, you agree to reimburse us for any costs incurred in researching and responding to such chargeback, including our actual costs paid to the card processor or our banks, other third parties, and the reasonable value of the time of our employees spent on the matter. In the event that a chargeback is placed on a transaction, we also reserve the right to report the incident for inclusion in the chargeback abuser databases.
D. Vendor and Supplier Payments
Unless otherwise agreed by the parties in writing and subject to the terms hereof, FlipTix, Inc. shall remit payments due to you hereunder no later than thirty (30) days after the end of each calendar month in which the applicable fees are received. Payment shall be in the form you select when you register for the Service (e.g. PayPal), or as subsequently updated as permitted by the Service. Payments may only be made in those months in which the amount due to you totals at least $15. Unpaid amounts due shall accrue until the next month in which the amount due is at least $15. FlipTix, Inc. reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Additional Terms, or amounts due to any breach of the Terms by you, pending FlipTix, Inc. reasonable investigation of such breach. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Program. If you dispute any payment made hereunder, you must notify FlipTix, Inc. in writing within thirty (30) days of the earlier of: (i) receipt of such payment; or (ii) when such payment would have been due to you hereunder. Failure to so notify FlipTix, Inc. shall result in the waiver by you of any claim relating to such disputed payment. Payment shall be calculated solely based on records maintained by FlipTix, Inc. No other measurements or statistics of any kind shall be accepted by FlipTix, Inc. or have any effect under these Additional Terms. We may withhold any taxes or other amounts from payments due to you as required by law. If we owe you accrued compensation that is less than $15 for at least ninety (90) days, then you may request that we send you payment of such accrued compensation. If the accrued compensation owed you remains outstanding for more than twelve (12) months, either because such amount is less than $15 or due to inaccurate or incomplete contact or payment information, we may remit any payment otherwise due to you as a contribution to a 501(c)(3) charitable nonprofit organization of our choice (or any charity agreed upon in writing by you and FlipTix, Inc.). If we make such a contribution, our obligation to you shall be reduced by the amount of that contribution.
E. Stripe Integration
Payment processing services for FlipTix are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to this agreement or continuing to operate as a buyer or seller on FlipTix, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of FlipTix enabling payment processing services through Stripe, you agree to provide FlipTix accurate and complete information about you, and you authorize FlipTix to share it and transaction information related to your use of the payment processing services provided by Stripe. Please see Stripe’s terms of Service here: https://stripe.com/us/legal
6. The FlipTix, Inc. Guarantee
The FlipTix, Inc. Guarantee protects you so you can buy event Flips on-demand mobile access with 100% confidence. If you have an issue with your order, please contact our Customer Service team at help@FlipTix.com and please provide your name and email on your FlipTix, Inc. account when contacting FlipTix, Inc..
A. You are protected
1. If Flips received are not the same as those you ordered:
a. If FlipTix, Inc. determines that you did not receive Flips that are the same as the ones you purchased in our app, FlipTix, Inc. will either (in FlipTix, Inc.’s sole discretion): (i) provide you with replacement Flips that are comparable to the Flips you ordered; or (ii) FlipTix, Inc. will issue you the cost in credit of the Flips. In either case, FlipTix, Inc. may take on the burden of the Flips. If FlipTix, Inc. restocks the Flips, you will be liable for the scanning success of the Flips.
b. If you have attended the event and you believe your seats were different from how they were represented on the app, please contact us at help@FlipTix.com right away. FlipTix, Inc., in its sole discretion, will either issue you a partial or full credit of the price you paid for the Flips towards a future purchase.
2. If Flips are invalid and not honored by the venue:
a. If the Flips you ordered are invalid and not honored by the venue, email us at help@FlipTix.com from the venue and FlipTix, Inc. will attempt to get you in the event. If FlipTix, Inc. cannot locate replacement Flips or get you in the event, upon confirmation that the Flips were invalid for entry directly by receiving a scanning report and recap of scanning experience emailed to help@FlipTix.com from the event ticket office, FlipTix, Inc. will provide you with a refund for the cost of the Flips.
B. FlipTix, Inc. Guarantee Protection
FlipTix, Inc. will investigate all claims under the FlipTix, Inc. Guarantee and determine resolutions on a case-by-case basis. FlipTix, Inc. reserves the right to limit the dollar amount a customer may be awarded and the number of claims a customer can file in a calendar year. FlipTix, Inc. may temporarily or permanently suspend anyone who attempts to abuse the FlipTix, Inc. Guarantee and may report any such abuse to the appropriate legal authorities.
C. Terms and Conditions
This FlipTix, Inc. Guarantee is effective as of January 1, 2018 and applies to all orders placed on or after January 1, 2018. If we change this Guarantee, we will post a revised version of the Guarantee on the Site, which shall automatically replace the terms of this Guarantee. Your use of the Site and the Services following the effective date of the revised FlipTix, Inc. Guarantee will constitute your acceptance of the revised Guarantee. If you do not agree with the terms of the FlipTix, Inc. Guarantee or any revised version of this Guarantee, do not continue to use the App or Services.
D. Limited Refund Liability
Due to the large volume of Flips on the FlipTix, Inc. app, pricing errors do occur. FlipTix, Inc. shall not be liable for any pricing errors on the app. If any error is found while processing your order, you will be notified of your order and, if possible, a substitution will be made, or FlipTix, Inc. will issue a full refund.
If FlipTix, Inc. is unable to provide you with the Flips you ordered due to an error by a seller, and FlipTix, Inc. is unable to find comparable replacements, FlipTix, Inc.’s sole obligation shall be limited to providing you a full refund via the same method that the original payment was made (cash or FlipTix, Inc. credit.)
7. Selling Tickets on FlipTix, Inc.
A. Seller Agreement
By listing a ticket to be sold as a Flip, you are making a binding offer to sell that ticket to a Buyer who purchases the Flip of that ticket. FlipTix, Inc. retains sole rights to set or adjust the price of your tickets at any time in order to increase the likelihood that Flips sell. Once you agree to sell your ticket, this decision cannot be revoked or changed. Once you agree to list your ticket to be sold as a Flip, you cannot re-enter the venue or the event, or otherwise claim that you are entitled to re-enter into an event. Further, once a Flip of your ticket is listed for sale, you acknowledge and represent that you have exited the venue.
If you deliver incorrect, misrepresented, invalid, fraudulent or counterfeit tickets for any sale or portion of a sale you will be subject to a replacement fee, other charges, and/or account suspension. Selling stolen tickets or other stolen items on FlipTix, Inc. is against the rules and violates various laws.
FlipTix, Inc. reserves the right to void a seller's payout or incentive when the ticket(s) sold were previously purchased on FlipTix, Inc. using Promo Code and/or Referral Code credit in a manner otherwise not intended by FlipTix, Inc. .
FlipTix, Inc. will issue your Incentive as quickly as reasonably possible. If the Buyer reported any issues with the Flip of the tickets, including the Flips being invalid or double sold, FlipTix, Inc. will investigate the situation and reserves the right to withhold your Incentive, suspend your account and/or remove any credit in your account. You will be held responsible for any additional costs to FlipTix, Inc. for finding replacement tickets to Flip, and we reserve the right to charge any of your stored payment methods for this cost.
C. Cancelled Events and Playoff Events
If you listed tickets to be Flips to a cancelled event or an event that ended early, we will contact you to let you know and you will not receive or must return the Incentive you received for the sale.
FlipTix, Inc. uses commercially reasonable physical, managerial, and technical safeguards to preserve the integrity and security of your personal information and implement your privacy settings. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
10. DMCA Notice
Since we respect artist and content owner rights, it is FlipTix, Inc. policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify FlipTix, Inc. For your complaint to be valid under the DMCA, you must provide the following information in writing:
An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
Identification of the copyrighted work that you claim has been infringed;
Identification of the material that is claimed to be infringing and where it is located on the Service;
Information reasonably sufficient to permit FlipTix, Inc. to contact you, such as your address, telephone number, and, e-mail address;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: DMCA Notice FlipTix, Inc.
Address: 5000 Birch Street, West Tower, Suite 3000, Newport Beach, CA 92660
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying FlipTix, Inc. and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with FlipTix, Inc. rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, FlipTix, Inc. has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. FlipTix, Inc. may also at its 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.
11. Third-Party Links
You agree to defend, indemnify and hold harmless FlipTix, Inc. and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
13. No Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, FLIPTIX, INC., ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FLIPTIX, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL FLIPTIX, INC. BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLIPTIX, INC. ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL FLIPTIX, INC., ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO FLIPTIX, INC. HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF FLIPTIX, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
The Service is controlled and operated from facilities in the United States. FlipTix, Inc. makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Service if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly stated, all materials found on the Service are solely directed to individuals, companies, or other entities located in the United States.
15. Governing Law and Arbitration.
A. Governing Law
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over FlipTix, Inc., either specific or general, in jurisdictions other than in Orange County, California. This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FLIPTIX, INC.. In the unlikely event that FlipTix, Inc. has not been able to resolve a dispute it has with you after 90 days, we each agree to resolve any claim, dispute, or controversy (excluding any FlipTix, Inc. claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Orange County, California, unless you and FlipTix, Inc. agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall only include actual damages incurred. Each party shall bear its own costs of arbitration, attorneys’ fees and costs for expert and other witnesses. Nothing in this Section shall be deemed as preventing FlipTix, Inc. from seeking injunctive or other equitable relief from the courts as necessary to protect any of FlipTix, Inc. proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND FLIPTIX, INC. ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, .COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by FlipTix, Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement
FlipTix, Inc. may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by FlipTix, Inc. in our sole discretion. FlipTix, Inc. reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. FlipTix, Inc. is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. FlipTix, Inc. may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the bottom of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these terms or any future Terms of Service, do not use or access (or continue to access) the Service.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with FlipTix, Inc. in connection with the Service, shall constitute the entire agreement between you and FlipTix, Inc. concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and FlipTix, Inc. failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Government Use Rights
If the Service is licensed to the United States government or any agency thereof, then the Service will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service.
Please contact us at help@FlipTix.com with any questions regarding this Agreement.