dancinglog Terms Of Service

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dancinglog Terms of Service

Last updated: November 05, 2015

Our goal at Dancinlog BV, a company registered in The Netherlands under company number 64028232, with registered office at Essenlaan 12, Rotterdam, 3062NM, ("we", "us", "our") is to make your purchasing experience easy, efficient and equitable, so we can get you on your way to live events as quickly as possible. This Purchase Policy is designed to ensure your satisfaction and understanding of the purchase process on ticketmaster.co.uk. This Purchase Policy incorporates our Terms of Use by this reference. If you are an Organiser, please refer to the “For Organiser” section below.



1. General

 

1.1 We sell tickets and associated products and/or services on behalf of promoters, producers, teams, performers and venues. We refer to these parties who organise or provide the event and/or from whom we obtain tickets and/or associated products or services to sell to you as our "Event Partner".

1.2 We sell tickets as and when allocated by Event Partners. The quantity of tickets made available for sale by us vary on an event by event basis. Tickets are generally sold through several distribution points, including online, call centres and, in some cases, box offices. All distribution points access the same ticketing system and inventory, therefore tickets for popular events may sell out quickly. Occasionally, additional tickets may be available prior to the event, however Ticketmaster does not control this inventory or its availability.

1.3 For some events, Event Partners allocate Platinum Tickets for sale by us. Platinum Tickets are premium tickets at market driven prices, which are usually higher than their face value. Platinum Tickets do not include any additional benefits such as merchandise.

1.4 For some events, tickets may be sold as part of a "Package" (where a ticket for an event is sold together with concessions, merchandise or other valuable benefits such as exclusive seating arrangements, accommodation, transport, dining or merchandise as an inclusive package at an inclusive price) or with an "Upsell" (where, in addition and separately to a ticket, a customer is given an opportunity to purchase car parking, merchandise, travel, etc).

1.5 In this Purchase Policy, we refer to any products and/or services offered for sale by us (such as tickets, Platinum Tickets, Packages and Upsells) as "Items". Any reference to a ticket includes (where relevant) a Platinum Ticket.

1.6 To purchase Item(s) from us, you must be 18 or over and have a valid credit/debit card issued in your name.

1.7 Our Purchase Policy does not apply to any purchases made via Groupon. If you have any queries or complaints regarding you purchase of tickets from Groupon, please contact them directly. We act as Groupon's fulfilment partner and are not responsible for any ticket arrangements, save for delivery of tickets to you.

1.8 We will comunicate to you important information via faceboook events discussion feeds. If you participate to an even that has been advertised on Facebook, it is your responsability to check the facebook event details on a regular basis to ensure you keep updated with any changes.

1.9 We wil not be responsabile for any costs occured due the cancellation of anny of our events. When we are the event organiser, if we cancel the event, we will refund you in full any money paid to dancinglog. 

 

 

 



2. Contract

 

2.1 Any purchase of an Item from us is subject to: (i) this Purchase Policy; (ii) any special terms and conditions which may be displayed on our website; and (iii) the terms and conditions of the Event Partner(s) and/or event, which can be found on their respective websites. Venue terms and conditions may also be available at the venue box office.

2.2 Your contract for purchase of an Item starts once we have confirmed your purchase and ends immediately after the completion of the event for which you have purchased the Item, save that, if you have purchased any product as an Upsell, your contract for the purchase of such product will end 14 days after the date of delivery of the product to you. All purchases are subject to payment card verification and other security checks and your transaction may be cancelled if it has not passed our verification process

2.3 You agree not to obtain or attempt to obtain any Items through unauthorised use of any robot, spider or other automated device or any other illegal or unauthorised activity. We reserve the right to cancel any transaction which we reasonably suspect to have been made in breach of these provisions without any notice to you and any and all Items purchased as part of such transaction will be void.

2.4 We reserve the right to cancel bookings which we reasonably suspect to have been made fraudulently.

2.5 You agree that dancinglog may use your dancinglog profile for dancinlgog related communcations. In any case if requested by you dancinlgog will delete any such comunications within 5 days. 



3. Prices and fees

 

3.1 Purchases from us may be subject to a per Item service charge and a non-refundable per order delivery fee.

3.2 The price of Platinum Tickets may vary as it is set according to demand at the time of purchase. You pay the price displayed on our website at the time you make your purchase but the price of similar Platinum Tickets may increase or decrease after you have made your purchase. You will not be entitled to a refund if the price of similar Platinum Tickets subsequently falls.

3.3 Please note that the price printed on Platinum Tickets is usually its face value rather than the purchase price. You will not be entitled to a refund on the basis that you have paid a higher price than the face value of the Platinum Ticket. Market-based pricing allows us to give fans access to the best tickets, whilst enabling Event Partners to price tickets closer to their true value. The price paid for a Platinum Ticket represents its true value at the time of purchase.

3.4 Whilst we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of any Item you have ordered, we will inform you as soon as possible and give you the option of reconfirming your order at the correct price (and credit or debit your account as applicable) or cancelling your order. If we are unable to contact you, you agree that we may treat the order as cancelled. If you choose to cancel after you have already paid the incorrect price, you will receive a full refund from us.



4. Cancellations

 

4.1 If you have purchased a ticket, Platinum Ticket or a Package, you are not entitled to cancel your purchase. You are also not entitled to cancel any "Excluded Upsell", such as an Upsell which includes travel, accommodation, catering, transport or leisure services. Full list of Excluded Upsells is available in our cancellation information.

4.2 If you have purchased any product as an Upsell (other than an Excluded Upsell), you are entitled to cancel your transaction within fourteen (14) days of the date of delivery of the product (or during such longer period as may be specified in the Event Partner's terms and conditions). You are not entitled to cancel your associated ticket purchase in such circumstances. To cancel your Upsell purchase, please complete and submit our cancellation form or contact us. Further details regarding your cancellation rights are set out in our cancellation information.

4.3 4.3 If you have purchased any digital download as an Upsell, you may cancel your transaction within 14 days of the day of purchase ("Cancellation Period"), unless you have purchased such digital download during the 14 days immediately before the date of its release or at any time on or after the release date, in which case you will have agreed for the digital download to be provided to you before the expiry of the Cancellation Period and will have acknowledged that your right to cancel will be lost.



5. Delivery

 

5.1 We aim to dispatch tickets as soon as possible. We are not able to specify the exact dates of dispatch, as the arrangements for dispatch depend on when we are in possession of the ticket stock used for a particular event. For some events, we receive ticket stock from our Event Partners close to the event date.

5.2 Please allow as much time as possible for your tickets to arrive. If your tickets have not arrived five days before the event (or, if you are travelling, five days before you leave on your journey), please contact us. Please include your reference number and the name and postcode the booking is made under.

5.3 We post tickets to the billing address of a credit card. If the address in your booking does not correspond to that held by your credit card company, we may cancel your tickets.

5.4 We reserve the right to make tickets available for collection by you at the venue box office. We will notify you by telephone or email of the arrangements for collection (using the details provided by you at the time of ordering) if this becomes necessary. You may be required to provide your booking confirmation email and your photo ID to collect tickets.

5.5 We accept no responsibility for the delivery or quality of the products and/or services included in a Package and/or sold as an Upsell. Any and all products and/or services included in a Package or sold as an Upsell are provided and fulfilled by our Event Partners, who are responsible for the delivery and the quality of such products and/or services. If you have any queries or complaints regarding the Upsell and/or the non-ticket element of the Package, please contact the relevant Event Partner directly. For contact details, please refer to the disclaimer on our website or to the booking confirmation email.



6. Tickets

 

6.1 Any ticket you purchase from us remains the property of the Event Partner and is a personal revocable licence which may be withdrawn and admission refused at any time. If this occurs, you will be refunded the sale price of the ticket which has been withdrawn or for which access was refused (including the relevant per ticket service charge but excluding the per order handling fee).

6.2 Policies set by our Event Partners, may prohibit us from issuing replacement tickets for any lost, stolen, damaged or destroyed tickets. For example for non-seated events, allowing a possibility of both the original and replacement tickets being used, may compromise the licensed capacity of the venue. If replacement tickets are being issued, we may charge you a reasonable administration fee.

6.3 When you receive your tickets, please keep them in a safe place. We will not be responsible for any tickets that are lost or stolen. Please note that direct sunlight or heat can sometimes damage tickets.

6.4 It is your responsibility to check your tickets; mistakes cannot always be rectified.

6.5 You have a right only to a seat of a value corresponding to that stated on your ticket. We, the venue or Event Partner reserve the right to provide alternative seats (whether before or during the event) to those initially allocated to you or specified on the tickets.

Restrictions

6.6 When purchasing tickets from us, you are limited to a specified number of tickets for each event. This number is included on the first purchase page and is verified with every transaction. This policy is in effect to discourage unfair ticket buying practices. Tickets may be restricted to a maximum number per person, per credit card and, for some events, a restriction may apply per household. We reserve the right to cancel tickets purchased in excess of this number without prior notice.

6.7 Tickets may be sold subject to certain restrictions on entry or use, such as restricted, obstructed or side view or a minimum age for entry. Any such restriction shall be displayed on our website or otherwise notified to you before or at the time you book the tickets. It is your responsibility to ensure that you read all notifications displayed on our website.

6.8 You may not resell or transfer your tickets if prohibited by law. In addition, Event Partners may prohibit the resale or transfer of tickets for some events. Any resale or transfer (or attempted resale or transfer) of a ticket in breach of the applicable law or any restrictions imposed by the Event Partner is grounds for seizure or cancellation of that ticket without refund or other compensation.

6.9 You may not combine a Ticket with any hospitality, travel or accommodation service and/or any other merchandise, product or service to create a package, unless formal written permission is given by us and the Event Partner.

6.10 A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written permission is given by the Event Partner, provided that even if such consent is obtained, use of our trade marks and other intellectual property is subject to our prior consent.



7. Event

 

7.1 It is your responsibility to ascertain whether an event has been cancelled and the date and time of any rearranged event. If an event is cancelled or rescheduled, we will use reasonable endeavours to notify you of the cancellation once we have received the relevant authorisation from the Event Partner. We do not guarantee that you will be informed of such cancellation before the date of the event.

7.2 Please note that advertised start times of events are subject to change.

7.3 Tickets are sold subject to the Event Partner's right to alter or vary the programme due to events or circumstances beyond its reasonable control without being obliged to refund monies or exchange tickets, unless such change is a material alteration as described in paragraph 8.4, in which case the provisions of this paragraph shall apply.



8. Refunds

 

8.1 Occasionally, events are cancelled, rescheduled or materially altered by the team, performer or Event Partner for a variety of reasons. Contact us for exact instructions.

8.2 Cancellation: If an event is cancelled (and not rescheduled), you will be offered a refund of the sale price of your ticket(s), including the relevant per ticket service charge but excluding the per order handling fee. If an event takes place over several days and one or more day(s) is/are cancelled (but not all the days constituting the event), a partial refund only may be payable corresponding to the day(s) cancelled.

8.3 Rescheduling: Unless indicated otherwise in relation to a particular event, if an event is rescheduled, you will be offered seats at any rescheduled event (subject to availability) of a value corresponding with your original tickets. If you are unable to attend the rescheduled event, you will be offered a refund of the sale price of your ticket(s) including the relevant per ticket service charge but excluding the per order handling fee. You must inform us within the time specified by us if you are unable to attend the rescheduled event, otherwise we may reconfirm your booking for the rescheduled date and you will not be entitled to claim a refund.

8.4 Material alteration: If an event is materially altered, you will be offered an option to either reconfirm your order for the altered event or to claim a refund (of the sale price of your ticket(s) including the relevant per ticket booking fee but excluding per order handling fee), within such time as specified by us. Failure to inform us of your decision may result in your order being reconfirmed for the altered event and you will not be entitled to claim a refund. A 'material alteration' is a change which, in our and the Event Partner's reasonable opinion, makes the Event materially different to the Event that purchasers of tickets, taken generally, could reasonably expect. The use of understudies in theatre performances and/or any changes of: (i) any supporting act; (ii) members of a band; and/or (iii) the line-up of any multi-performer event (such as a festival) shall not be a material alteration.

8.5 To claim your refund, please apply in writing to: CR Solutions Consultancy BV, PO Box 798, Manchester, M60 1WU (or to such other address as may be notified to you by us). You must enclose your unused tickets and comply with any other reasonable instructions from us. For accounting purposes your unused tickets must be received within 28 days from the date of the cancelled event.

8.6 If you have purchased from us any Item associated with an event which has been cancelled, rescheduled or materially altered (such as car parking or travel) and a refund of a ticket is due to you in accordance with this clause 8, we will also refund you the purchase price of such Item purchased from us, including the per Item service charge but excluding the per order delivery fee.

8.7 This Purchase Policy does not and shall not affect your statutory rights as a consumer. For further information about your statutory rights contact Citizens Advice or the Department for Business Innovation and Skills.

8.8 We regret that, unless paragraphs 8.2, 8.3 or 8.4 apply, tickets cannot be exchanged or refunded after purchase.



9. Liability

 

9.1 Personal arrangements including travel, accommodation or hospitality relating to the Event which have been arranged by you are at your own risk. Neither we nor the Event Partner(s) shall be liable to you for any loss of enjoyment or wasted expenditure.

9.2 Unless otherwise stated in this clause 9, our and the Event Partner(s)' liability to you in connection with the event (including, but not limited to, for any cancellation, rescheduling or material change to the programme of the event) and the Item you have purchased shall be limited to the price paid by you for the Item, including any per item service charge but excluding any per order handling fee.

9.3 Neither We nor the Event Partner(s) will be liable for any loss, injury or damage to any person (including you) or property howsoever caused (including by us and/or by the Event Partner(s)): (a) in any circumstances where there is no breach of a legal duty of care owed by us or the Event Partner(s); (b) in circumstances where such loss or damage is not a reasonably foreseeable result of any such breach (save for death or personal injury resulting from our negligence); or (c) to the extent that any increase in any loss or damage results from breach by you of any of the terms of this Purchase Policy and/or any terms and conditions of the Event Partner(s) or your negligence.

9.4 Nothing in this Purchase Policy seeks to exclude or limit our or the Event Partner(s)' liability for death or personal injury caused by our or the Event Partner(s)' (as relevant) negligence, fraud or other type of liability which cannot by law be excluded or limited.



10. Admission and Attendance

 

10.1 The venue reserves the right to refuse admission should patrons breach any terms and conditions of the event or Event Partner. The venue may on occasions have to conduct security searches to ensure the safety of the patrons.

10.2 Every effort to admit latecomers will be made at a suitable break in the event, but admission cannot always be guaranteed.

10.3 There will be no pass- outs or re-admissions of any kind.

10.4 The unauthorised use of photographic and recording equipment is prohibited. Any photos, videos and/or recordings may be destroyed or deleted. Laser pens, mobile phones, dogs (except guide dogs) and a patron's own food and drink may also be prohibited (please check with the venue).

10.5 You and other ticket holders consent to filming and sound recording as members of the audience.

10.6 Prolonged exposure to noise may damage your hearing.

10.7 Special effects which may include, without limitation, sound, audio visual, pyrotechnic effects or lighting effects may be featured at an event.



11. Queries and Complaints

 

11.1 If you have any queries or complaints regarding your purchase, contact us, quoting your order number given to you at the conclusion of placing the order.

11.2 Because we sell Items on behalf of Event Partners, we may need to contact them for more information before responding to your complaint. Some complaints can take up to 28 days to resolve, but we will get back to you as soon as possible.

11.3 If any dispute arises, we shall use our reasonable endeavours to consult or negotiate in good faith, and attempt to reach a just and equitable settlement satisfactory to you, us and the Event Partner.

11.4 Although this does not restrict your rights to pursue court proceedings, if we are unable to settle any dispute by negotiation within 28 days, you and we may attempt to settle it by mediation. To initiate a mediation a party must give written notice to the other parties to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved, and which terms are deemed incorporated into this agreement.

STAR can be contacted at:

PO Box 708

St Leonard's Place

York

YO1 0GT

Telephone: 01904 234737 (or +44 1904 234737 if calling from outside the UK)

email: info@star.org.uk



12. Miscellaneous

 

12.1 The Event Partner and its affiliates, successors, or assigns may enforce these terms in accordance with the provisions of the Contracts (Rights of Third Parties) Act 1999 (the "Act"). Except as provided above, this agreement does not create any right enforceable by any person who is not a party to it under the Act, but does not affect any right or remedy that a third party has which exists or is available apart from that Act.

12.2 All of these terms and conditions are governed by English Law and any disputes arising out of any transaction with Ticketmaster are subject to the exclusive jurisdiction of the English Courts.



dancinglog FOR ORGANISERS

 

1. ACCEPTANCE OF TERMS.

 

1.1 Overview.

The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the DANCINGLOG, Inc. websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by DANCINGLOG, Inc. ("DANCINGLOG") for your events, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by DANCINGLOG. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by DANCINGLOG. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY DANCINGLOG. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES. THIS TOS MAY ONLY BE MODIFIED (I) ON AN EVENT BY EVENT BASIS THROUGH A WRITTEN TICKETING SERVICES AGREEMENT OR WRITTEN ADDENDUM AGREEMENT TO THIS TOS, SIGNED BY YOU AND AN AUTHORIZED OFFICER OF DANCINGLOG, OR (II) BY DANCINGLOG AS PROVIDED IN SECTION 1.2 BELOW.

1.2 Modification.

DANCINGLOG reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.

1.3 Language.

We may translate this Terms of Service, our Privacy Policy or any other operating rules, policies and procedures that may be published from time to time on the Site into other languages for your convenience. The English language version of each of these documents is the version that governs your use of the Services and in the event of any conflict between the English language version and a translated version, the English language version will control.



2. DESCRIPTION OF DANCINGLOG.

 

DANCINGLOG provides a simple and quick means for registered users who are event organizers and planners ("Organizers" or "you") to collect payments with respect to the sale of tickets/registrations, merchandise and services for, and the solicitation of donations with respect to, events registered on the Site, including Service Fees (as defined below) ("Event Registration Fees"), from users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect Event Registration Fees online directly from Buyers. Payments are all transacted through, either (a) PayPal, Google Checkout, Authorize.net or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM") or (b) the DANCINGLOG payment processing gateway (the "Gateway"). For more information, please see https://www.DANCINGLOG.com. This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please seehttp://www.DANCINGLOG.com/tos/buyersandothers. For the Terms of Service Agreement that applies to you and your use of the Services as an API developer, please seehttp://developer.DANCINGLOG.com/terms/.



3. YOUR USE OF THE SERVICES.

 

3.1 The Services.

DANCINGLOG hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting Event Registration Fees for, an event that you have registered on the Site, in each case (i) in compliance with this TOS, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting Event Registration Fees through the Site as an Organizer in accordance with this TOS); (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; or (v) engage in any activity that interferes with or disrupts the Services.

3.2 Software.

If you are allowed to download or use any Software in connection with the Services, DANCINGLOG hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this TOS and the written instructions/directions (if any) provided by DANCINGLOG in conjunction with the Software. For purposes of this TOS, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by DANCINGLOG, including without limitation DANCINGLOGs mobile applications (such as At The Door™, Entry Manager and the DANCINGLOG app). For clarity, the Software will be deemed a part of the "Services" hereunder.

The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.

The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this TOS.



4. PAYMENT METHODS.

 

4.1 Overview.

There are two types of payment processing options Organizers may elect when using the Services: (1) "Facilitated Payment Processing" or "FPP", which consists of collecting Event Registration Fees using FPMs; and (2) "DANCINGLOG Payment Processing" or "CCP", which requires the use of the Gateway for the collection of Event Registration Fees. Depending on the payment processing option the Organizer elects when using the Services, monetary payments will be made to the Organizer directly by Buyers (via FPP) or by DANCINGLOG (via CCP), in each case as described below.

 

4.2 Facilitated Payment Processing.

(a) Independent Relationship.

When using a FPM, Organizers and Buyers effect the applicable monetary payment transaction through the FPM service and are bound by the applicable terms of use governing the FPM service.

(b) Services Fees.

Organizers will collect all monies directly from Buyers under the FPP option. By registering for and using the FPP option, you agree to (i) pay DANCINGLOG all then-applicable DANCINGLOG Service Fees and DANCINGLOG Payment Processing Fees, which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail atwww.DANCINGLOG.com/fees, and all additional on-site service fees, equipment lease charges, printed ticket fees, and any other fees and charges of any kind payable by you to DANCINGLOG in connection with the provision of the Services (collectively, "Service Fees"), which payments shall be due and payable upon receipt of the invoice setting forth such charges; and (ii) accept the responsibility for providing refunds to Buyers at your own discretion. DANCINGLOG will not be responsible or liable for, and Organizer hereby agrees to fully indemnify DANCINGLOG and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the FPP option. Invoices are sent monthly for Service Fees incurred in the previous month.

 

4.3 DANCINGLOG Payment Processing.

(a) Gateway; Payment Process.

When an Organizer elects to use the Gateway for the collection of Event Registration Fees, payment processing occurs directly through DANCINGLOG. Under the CCP option, DANCINGLOG will collect all Event Registration Fees on behalf of the Organizer from Buyers and deduct all applicable Services Fees from the Event Registration Fees collected by DANCINGLOG, and then pass the remainder along to the Organizer within five (5) business days after the event end date for the event to which the Event Registration Fees correspond (either by mailing a check or through an electronic funds transfer, depending on the option the Organizer has chosen through using the Site, to the address or account, respectively, that the Organizer accurately designates on the Site), provided that DANCINGLOG reserves the right to withhold funds (i) at any time as DANCINGLOG determines to be necessary for the processing and settlement of all refunds, disputed charges, chargebacks, customer complaints, allegations of fraud, and other discrepancies and (ii) as otherwise permitted pursuant to this TOS. DANCINGLOG, in its sole discretion, may determine to advance a portion of Event Registration Fees to Organizer prior to the period set forth above, on such terms and conditions as DANCINGLOG may establish from time to time. Organizer agrees that all Event Registration Fees for a given event are earned by Organizer only following conclusion of the applicable event and all Event Registration Fees ultimately due will be net of all Service Fees, refunds, disputed charges, chargebacks and other deductions, whether due to customer complaints, allegations of fraud, discrepancies related to the applicable event or otherwise. No payments shall be made to an Organizer from DANCINGLOG with respect to any event that is cancelled. If payments have already been made by DANCINGLOG to an Organizer for a cancelled event, such Organizer will immediately refund to DANCINGLOG all such payments upon cancellation of such event. All sales, fees, charges, and funds are payable in U.S. Dollars, or other foreign currencies accepted by DANCINGLOG. If Organizer elects to list Event Registration Fees in a foreign currency accepted by DANCINGLOG, DANCINGLOG will collect and disperse the funds in the foreign currency selected by Organizer.

ORGANIZER AGREES THAT ANY PAYMENT BY DANCINGLOG OF EVENT REGISTRATION FEES PRIOR TO THE FIFTH (5TH) BUSINESS DAY AFTER THE END DATE OF THE APPLICABLE EVENT ARE MERELY ADVANCES OF AMOUNTS THAT MAY BECOME DUE TO ORGANIZER UNDER THIS TOS AND THAT DANCINGLOG MAY DEMAND SUCH ADVANCES BACK (FROM TIME TO TIME IN ITS SOLE DISCRETION), AND ORGANIZER SHALL THEREUPON PROMPTLY (AND IN ANY CASE WITHIN FIVE (5) BUSINESS DAYS AFTER SUCH DEMAND) PAY BACK TO DANCINGLOG SUCH ADVANCE OR ANY PORTION THEREOF DEMANDED BY DANCINGLOG.

(b) Refunds.

(i) Under the CCP option, it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS and the payment and refund mechanics of the Site. The Site permits an Organizer to issue refunds to Buyers, provided the refund is issued by Organizer before ninety-six (96) hours after the end date of an event and within six (6) months after the transaction date for the underlying ticket purchase. Refunds issued following such period will not be processed through the Site, unless otherwise agreed to by DANCINGLOG in its sole discretion. Subject to the foregoing, refunds issued by an Organizer will be processed within thirty (30) days after Organizer instructs the issuance of the refunds via the Site. All communications or disputes regarding refunds are between the Organizer and Buyer, and DANCINGLOG will not be responsible or liable for, and Organizer hereby agrees to fully indemnify DANCINGLOG and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the CCP option. (ii) Notwithstanding the foregoing, you acknowledge and agree that DANCINGLOG shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if DANCINGLOG receives complaints from a substantial number (as determined by DANCINGLOG in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or DANCINGLOG determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where DANCINGLOG would reasonably expect to lose a chargeback, DANCINGLOG may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to DANCINGLOG.

(c) Credit Card Chargebacks.

Under the CCP option, any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and DANCINGLOG will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify DANCINGLOG and its affiliates for, chargebacks issued in the course of the use of the CCP option.

(d) No Third Party Beneficiary Rights.

Organizer is not a direct party to any agreement with any Payment Processing Partner or Card Scheme used to process payments in CCP nor is Organizer a third party beneficiary of any such agreement.

 

4.4 Non-Exclusive Remedies.

(a) Payment.

In the event that Organizer fails to pay to DANCINGLOG any amount owed pursuant to this TOS when due, such amount shall bear interest calculated from the date due until paid in full at a rate equal to the lesser of (a) ten percent (10%) per annum, and (b) the maximum amount permitted by applicable law. In the event any amounts are owed by Organizer to DANCINGLOG under this TOS or otherwise, DANCINGLOG may, without limiting its other rights and remedies, (i) deduct such amounts from Organizer's outstanding balance, whether for that particular event or for any other event that Organizer lists through the Services; and/or (ii) send an invoice to Organizer for such amounts to the extent Organizer's outstanding balance is insufficient to cover these costs, in which case Organizer shall pay DANCINGLOG such invoiced amounts within thirty (30) days after the date of the invoice. If payment for any amounts due to DANCINGLOG hereunder are not made by Organizer when due, DANCINGLOG reserves the right, in its sole discretion and without limiting its other rights and remedies, to terminate Organizer's registration for the Services (including any and all accounts that Organizer may have) and to cancel all other events listed by Organizer.

(b) Confirmation.

Upon receipt of a credit card authorization from each individual ticket purchase, DANCINGLOG generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by DANCINGLOG through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.

(c) Taxes; Withholding.

(i) You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if DANCINGLOG provides you with tax tools or tax calculators that assist you in doing so. DANCINGLOG does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release DANCINGLOG of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice. If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and DANCINGLOG will pay such amounts to you at the same time as the underlying Event Registration Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. DANCINGLOG cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires DANCINGLOG to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse DANCINGLOG for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

(ii) All Fees charged by DANCINGLOG do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Fees (other than those calculated based on DANCINGLOG's net income) to DANCINGLOG. If you are outside of the United States, you may be required to self-assess certain indirect Taxes on our Fees (or certain portions of our Fees) under the applicable reverse charge procedure on your indirect tax returns. To the extent you are required to self-assess, DANCINGLOG will use reasonable efforts to note that on your invoices.

(iii) In addition, due to IRS regulations, if DANCINGLOG processes transactions and issues you payouts (A) for more than twenty thousand dollars ($20,000) in gross sales; and (B) for more than two hundred (200) transaction orders, in each case during a given calendar year and in the aggregate across all of your accounts, DANCINGLOG is required to report to the IRS (i) the gross amount of transactions for which you have been paid in that calendar year and in each month of that calendar year; (ii) your name; (iii) your address; and (iv) your Tax Identification Number ("Your Tax Information"). As part of these IRS regulations, DANCINGLOG is required to either (A) collect Your Tax Information; or (B) establish that you are a foreign person not subject to US taxes, before your accounts pass the two hundred (200) order transaction threshold in the aggregate. Once your accounts cross the two hundred (200) order transaction threshold, you agree that you will not receive any further payments from DANCINGLOG until either (A) or (B) above are satisfied.

(iv) DANCINGLOG reserves the right to withhold the payment of any amounts owed to you hereunder if DANCINGLOG believes in its discretion that it is required to do so by applicable local, state, provincial, national or other law, rule, regulation, judgment or order.



5. YOUR REGISTRATION OBLIGATIONS.

 

To be a registered user of the Services as an Organizer you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or DANCINGLOG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, DANCINGLOG has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). DANCINGLOG is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with the terms of use of any FPM service provider or other third party service provider, you must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.



6. ACCOUNT, PASSWORD AND SECURITY.

 

As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify DANCINGLOG of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. DANCINGLOG cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that DANCINGLOG shall be the sole arbiter of such dispute in its sole discretion and that DANCINGLOG'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.



7. CONTENT.

 

7.1 Site Content.

You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by DANCINGLOG in connection with the Services (collectively, "Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. DANCINGLOG may own the Site Content or portions of the Site Content may be made available to DANCINGLOG through arrangements with third parties. Except as expressly authorized by DANCINGLOG in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of DANCINGLOG. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.

7.2 Your Content.

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to DANCINGLOG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. DANCINGLOG reserves the right to remove any of Your Content from the Site at any time if DANCINGLOG believes in its sole discretion that it does not comply with this TOS. In addition, you agree that DANCINGLOG may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of DANCINGLOG both on the Site and in marketing and promotional materials. In addition, by accepting a particular Card Scheme payment type (e.g., Mastercard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time.

7.3 DMCA.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (seehttp://www.loc.gov/copyrightfor details).



8. CONDUCT.

 

8.1 Certain Restrictions.

You understand that you are liable for all Content, in whatever form, that you provide or otherwise make available to or through the Services, including to Buyers and other users of the Services. You agree not to use the Services to:

  • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

  • harm minors in any way;

  • facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of a prize other than raffles, contests or sweepstakes conducted in a manner that complies in all respects with DANCINGLOG's Raffles, Contests and Sweepstakes Guidelines;

  • impersonate any person or entity, including, but not limited to, an DANCINGLOG representative or forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;

  • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

  • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any person or entity;

  • upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or provision of tickets and registrations to events listed on the Site and other goods and services being sold or provided in conjunction with such events;

  • upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by DANCINGLOG (including through the API TOS contained athttp://developer.DANCINGLOG.com/terms);

  • interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;

  • intentionally or unintentionally violate any applicable law or regulation (foreign or domestic), including without limitation (i) regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange (e.g., the New York Stock Exchange, the American Stock Exchange or the NASDAQ) and (ii) laws and regulations (foreign or domestic) regarding the sale or resale of tickets (including without limitation with respect to licensure requirements, maximums or limits on ticket prices, etc.); or

  • stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights.

You acknowledge that DANCINGLOG does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that DANCINGLOG and its designees shall have the right (but not the obligation) in their sole discretion to (i) monitor, alter, edit, or remove any of your Content, in whole or in part, and/or (ii) rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that DANCINGLOG may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of DANCINGLOG, its users and/or the public. You understand that the technical processing and transmission of the Services, including Your Content, may involve (i) transmissions over various networks; and/or (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

 

9. SUB-DOMAINS.

 

DANCINGLOG may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].DANCINGLOG.com). All such sub-domains are the sole property of DANCINGLOG. In the event DANCINGLOG provides you with a sub-domain, your right to use such sub-domain may be terminated by DANCINGLOG at any time (with or without notice) for any reason or no reason.

 

10. REFERRALS.

 

The following terms and conditions describe the terms and conditions of DANCINGLOG's referral programs. DANCINGLOG reserves the absolute right to determine whether you or any other user of the Services qualifies for any of the following referral programs.

 

10.1 Organizer Referral Program.

DANCINGLOG will pay a referral fee to persons or entities ("Organizer Referrers") that refer revenue-generating Organizers to DANCINGLOG, subject to the following terms and conditions: (a) Prior to an Organizer's initial use of the Services, the Organizer Referrer must have contacted the Organizer and have been instrumental in getting the Organizer initially to register for and sell tickets/registrations for an event using the Services (as determined by DANCINGLOG in its sole discretion). The referral must be properly registered with DANCINGLOG when the Organizer initially sets up its account and the Organizer Referrer must fully comply with all instructions with respect thereto. (b) DANCINGLOG will pay the Organizer Referrer twenty-five percent (25%) of the DANCINGLOG Service Fees (e.g., the 2.5% plus $.99 fee, which may vary based on DANCINGLOG's agreement with the applicable Organizer and does not include additional amounts such as taxes, royalties, payment processing and other Service Fees and will be net of all refunds, credit card chargebacks and all other deducted amounts) actually paid to DANCINGLOG and retained by DANCINGLOG for the Organizer's account during the 12-month period following the date of such Organizer's first event registration via the Services. The referral fee will be paid at the beginning of each month to the Organizer Referrer if the amount due and unpaid is five dollars ($5.00) or more. Any unpaid balances will be added to any balances due in subsequent months. (c) DANCINGLOG reserves the right to change, modify or terminate this Organizer referral program and/or its terms at any time in its sole discretion. DANCINGLOG reserves the right to determine what, if any, amounts are properly due Organizer Referrers hereunder in its sole discretion.

10.2 Buyer Referral Software.

DANCINGLOG makes available Software via the Services that makes it possible for Organizers to offer third parties ("Buyer Referrers") a bonus in exchange for referring Buyers to their event(s) ("Referral Software"). DANCINGLOG will make a good faith effort to provide information and instructions as necessary to use the Referral Software correctly. If you use the Referral Software in any capacity, you will comply with all such instructions. These instructions can be found athttps://www.DANCINGLOG.com/publicaffiliates. For clarity, the Referral Software shall be deemed part of the "Software" and "Services" hereunder. Your use of the Referral Software is also subject to the following terms and conditions: (a) DANCINGLOG is neither a party to any agreements (actual or implied) entered into by Organizers and Buyer Referrers, nor is it an agent, employee, partner or other representative of Organizers or Buyer Referrers. DANCINGLOG has no responsibility for any failure or alleged failure of performance of any Organizer or Buyer Referrer to each other or to any third party. (b) DANCINGLOG does not screen or investigate in any way the users of the Services to determine their ability or willingness to perform the obligations that may be undertaken pursuant to this Buyer referral program. Organizers and Buyer Referrers need to resolve all questions and issues between themselves. DANCINGLOG makes no representations or warranties and gives no assurances that any Organizer or any Buyer Referrer will perform under the Buyer referrer program, including without limitation Organizers paying any money owed to Buyer Referrers. (c) DANCINGLOG will not settle, mediate or otherwise assume responsibility for resolving disputes between Organizers and Buyer Referrers. (d) DANCINGLOG assumes no liability arising from the use or misuse of the Referral Software, or in the event that the Referral Software fails to operate as expected, even if such failure results in the loss of data or in the misrepresentation of data necessary for the Organizers and Buyer Referrers to fulfill commitments entered into using the Referral Software.

 

11. SPECIAL ADMONITIONS FOR INTERNATIONAL USE.

 

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the United States or the country in which you reside.

In addition, the Services are subject to United States export controls. No part of the Services may be exported or re-exported into, or to a national or resident of, any country to which the U.S. has embargoed goods and/or services of the same type as the Services. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not located in, and you are not a national or resident of, any such country. Further, no part of the Services (including any Software) may be exported or re-exported to any person or entity appearing on the Office of Foreign Assets Control's Specially Designated Nationals and Blocked Persons List or the Bureau of Industry and Security's Denied Persons List. By using the Services or any part thereof (including by downloading any Software), you represent and warrant that you are not a person or entity or under the control of or affiliated with a person or entity that appears on any such list.

 

12. ADDITIONAL SERVICES.

 

DANCINGLOG may, upon request, and for such fees as DANCINGLOG may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing ticket scanning and other equipment, providing consultants and staffers to assist you on the date of your event, and providing dedicated account management services. All such additional services, whether provided prior to, during or following your event, shall be deemed a part of the Services and subject to all the terms and conditions of this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, DANCINGLOG Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of DANCINGLOG, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate DANCINGLOG Equipment Lease Agreement.

 

13. INDEMNITY.

 

You agree to defend, indemnify and hold DANCINGLOG, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. DANCINGLOG shall provide notice to you of any such Claim, provided that the failure or delay by DANCINGLOG in providing such notice shall not limit your obligations hereunder. DANCINGLOG reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting DANCINGLOGs defense of such matter.

 

14. SERVICE MODIFICATIONS/SUSPENSIONS.

 

DANCINGLOG reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. DANCINGLOG will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third party service providers used by DANCINGLOG in connection with providing the Services) related to refunds issued to Buyers. You agree that DANCINGLOG shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

 

15. TERMINATION.

 

DANCINGLOG, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due DANCINGLOG, or if DANCINGLOG believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that DANCINGLOG may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that DANCINGLOG shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).



16. LINKS.

 

The Services may provide, or third parties may provide, links to other Internet websites or resources. Because DANCINGLOG has no control over such websites and resources, you acknowledge and agree that DANCINGLOG is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that DANCINGLOG shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.

 

17. DISCLAIMER OF WARRANTIES.

 

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. DANCINGLOG HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. DANCINGLOG MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE SERVICES THEMSELVES (OR ANY PART THEREOF) WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. DANCINGLOG IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND DANCINGLOG WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT DANCINGLOG HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. IN ADDITION, DANCINGLOG IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND DANCINGLOG HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to DANCINGLOG. DANCINGLOG, in its sole discretion, may investigate the claim and take necessary action.

 

18. LIMITATION OF LIABILITY.

 

DANCINGLOG, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ANY OF THEM HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS FROM A GIVEN ORGANIZER WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND ANY OF THEIR REASONABLE CONTROL. DANCINGLOG, ITS PAYMENT PROCESSING PARTNERS, LICENSORS AND ANY APPLICABLE CARD SCHEMES SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

 

19. RELEASE.

 

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE DANCINGLOG, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR YOUR EVENT.

IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE 1542 AND ANY OTHER APPLICABLE LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:

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

 

20. PRIVACY.


All information provided by you or collected by DANCINGLOG in connection with the Services is governed by DANCINGLOG's Privacy Policy, a copy of which is located athttps://www.DANCINGLOG.com/privacypolicy, which is hereby incorporated by reference into this TOS. DANCINGLOG strongly recommends that you review the Privacy Policy closely. In particular, Organizers should note that DANCINGLOG may use information it receives or collects regarding Buyers in accordance with the terms of its Privacy Policy, which may include use for marketing or promotion of other events or services that may be of interest to such Buyers. Further, any information submitted or provided by you to the Services may be publicly accessible. You should take care to protect private information or information that is important to you. DANCINGLOG shall not be responsible for protecting any such information and is not liable for the protection of privacy of electronic mail or other information transferred through the Internet or any other network that you may use. Please be aware that if you decide to disclose personally identifiable information on the Services, this information may become public. DANCINGLOG does not control and shall not be responsible for the acts of you or any other users (whether Organizers, Buyers, other non-Organizers or otherwise) of the Services.

 

21. NOTICE.

 

Notices to you may be made via either email or regular mail to the address in DANCINGLOG's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at DANCINGLOG, Inc., 155 5th St, 7th Floor, San Francisco, CA 94103, USA, Attn: Corporate Counsel.

 

22. TRADEMARK INFORMATION.

 

The trademarks, service marks, and logos of DANCINGLOG (the "DANCINGLOG Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of DANCINGLOG. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with DANCINGLOG Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of DANCINGLOG specific for each such use. The Trademarks may not be used to disparage DANCINGLOG, any third party or DANCINGLOG's or third party's products or services, or in any manner (in DANCINGLOG's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless DANCINGLOG approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any DANCINGLOG Trademark shall inure to DANCINGLOG's benefit.

 

23. GENERAL.

 

23.1 Entire Agreement.

This TOS constitutes the entire agreement between you and DANCINGLOG and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and DANCINGLOG on the subject matter hereof, other than any written Ticketing Services Agreement, DANCINGLOG Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of DANCINGLOG relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.

23.2 Choice of Law.

This TOS and the provision of the Services to you are governed by the laws of the state of California, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within California by California residents.

23.3 Arbitration.

Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of the Judicial Arbitration and Mediation Services, Inc. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in San Francisco, California, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and DANCINGLOG agree to submit to the personal jurisdiction of the courts located within the city and county of San Francisco, California. Either you or DANCINGLOG may seek any interim or preliminary relief from a court of competent jurisdiction in San Francisco, California, necessary to protect the rights or property of you or DANCINGLOG (or its agents, suppliers, and subcontractors) pending the completion of arbitration.

23.4 Waiver; Invalid Provisions.

The failure or delay of DANCINGLOG to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this TOS shall remain in full force and effect.

23.5 Time to File Claim.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.

23.6 Titles.

The section titles in this TOS are for convenience only and have no legal or contractual effect.

23.7 Violations.

Please report any violations of this TOS by email tosupport@DANCINGLOG.com.

 

You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to DANCINGLOG a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. DANCINGLOG reserves the right to remove any of Your Content from the Site at any time if DANCINGLOG believes in its sole discretion that it does not comply with this TOS. In addition, you agree that DANCINGLOG may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of DANCINGLOG both on the Site and in marketing and promotional materials. In addition, by accepting a particular Card Scheme payment type (e.g., Mastercard, Visa, American Express), you are authorizing the owner of that Card Scheme and its affiliates to use your name, address and website URL in any media from time to time