THIS TICKETING SERVICES AGREEMENT (“Agreement”) is made by and between Ticketleap, Inc., a Delaware corporation, with a principal place of business at 1700 Sansom Street, Philadelphia, PA 19103 (“Company,” “Ticketleap,” “We,” “Us,” or “Our” ), and you, a person, organization or other entity (“EVA,” “You,” or “Your”). Ticketleap is in the business of providing reservations, tickets, memberships, certificates, admissions, and/or confirmations that allow the ticket holder or purchaser (each, a “Patron”) attendance at, access to, or participation in, events, venues and other activities (each, an “Event”). You, as an Event organization, are authorized to provide access to such Events. The parties hereby agree as follows:
BY CLICKING THE “I ACCEPT” BUTTON, YOU REPRESENT THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT, THE TERMS OF SERVICE (“TOS”), AND THE PRIVACY POLICY, EACH HEREBY INCORPORATED BY REFERENCE, AND EXPRESSLY AGREE TO, AND CONSENT TO BE BOUND BY, ALL OF THE TERMS AND CONDITIONS CONTAINED THEREIN. THIS AGREEMENT SHALL HAVE THE SAME LEGAL EFFECT AND FORCE AS A WRITTEN AND SIGNED DOCUMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, YOU MUST SELECT THE “I DO NOT ACCEPT” BUTTON. BY DOING SO, WE WILL PROMPTLY CANCEL THIS TRANSACTION AND YOU WILL BE UNABLE TO ACCESS THE WEBSITE AND THE SERVICES THAT IT OFFERS. WE RESERVE THE RIGHT TO DECLINE YOUR ACCEPTANCE FOR ANY REASON AND WITHOUT NOTICE.
Our Services and Responsibilities
Ticketleap shall provide the following services under this Agreement: (i) display and list Your Event on Ticketleap’s website, located at the following world wide web address: http://www.ticketleap.com; (ii) accept and process on-line orders for tickets to Your Event and process all credit card payments to said Event on Your behalf; and (iii) provide an accounting to You of Our fees and charges for each ticket sold by Us.
Fees, Charges, and Payment
Ticketleap charges a per-ticket fee for Our services that is generated at the time Your Event is listed by Us. We will deduct all applicable service charges from Your booking revenue as stated in Our pricing policy on Our website, incorporated by reference herein, and which may change periodically. We will mail all payments to You at the address that You provided when you registered with Our website unless You make other arrangements with Us. We will submit payment for one hundred percent (100%) of the total balance due to You within three business days of the Event, however, We reserve the right to withhold funds at any time as We determine to be necessary for the processing and settlement of all returns, disputed charges, and other discrepancies. All sales, fees, charges, and funds are payable in United States Dollars.
Cancellations, Credits & Chargebacks
It is Your responsibility to issue refunds to individual ticket holders to Your Event. If Your Event is cancelled for any reason and a complete refund must be issued to all purchasing customers, then You shall inform Ticketleap of the cancellation by no later than within 24 hours of the originally scheduled Event start time. Ticketleap will handle all refunds for cancelled or rescheduled Events. All service fees charged to Patrons must be paid by the vendor within thirty (30) days of the date of the cancelled Event. No payments shall be made to You from Us due to an Event cancellation. If an Event is rescheduled for a different date and a Patron cannot attend the new date, the Patron will receive a full refund. The service fees will be deducted from the check issued to the vendor after the new Event. Any credit card chargebacks initiated by the Patron for any reason, with the exception of fraudulent use of the credit card, shall be charged back to You. Ticketleap shall either: (i) deduct these costs from Your outstanding balance, whether for that particular Event or for any other Event that You list with Us; or (ii) send an invoice to You for said costs if no balance exists. If payment for said invoice is not received by Us within thirty (30) days, We reserve the right, at our sole discretion, to terminate this Agreement as provided in the paragraph titled “Termination” and to cancel all other Events listed by You as provided herein. For vendors utilizing the ACH Direct Deposit function, the amount owed to Us will be deducted from Your bank account via Reverse ACH.
Ticketing Confirmation
Upon Ticketleap’s receipt of a credit card authorization from each individual ticket purchase, Our service 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 Ticketleap. It is Your responsibility to verify the customer’s membership status, confirmation number, and/or any event restrictions (if any, pursuant to the paragraph titled “Event Restrictions”) prior to the Event. If We learn that You are not honoring Our ticketing commitments, we reserve the right, in our sole discretion, to terminate Your account pursuant to the paragraph titled “Termination” and cancel any other Events that You have listed with Us pursuant to the paragraph titled “Cancellations, Credits & Chargebacks. ”
Event Restrictions
When submitting Your Event to Ticketleap to be listed on Our website, it is Your responsibility to provide to Us any event restrictions associated with said Event. Any Event that requires a restriction for admission, including, but not limited to, age, school or organizational affiliation, or other characteristics or requirements, must be clearly stated by You upon submission to Us. It is Your responsibility to ensure that said restriction is lawful and does not violate any federal, state, or local laws prior to submitting the Event to Us. As stated in the paragraph titled “Ticketing Confirmation,” it is also Your responsibility to verify that all customers can be admitted to Your Event.
Taxes
You are solely responsible for the submission and payment of any applicable federal, state, and/or local taxes. For example, some states may charge an amusement or other tax on certain types of Events. It is Your responsibility to know if any applicable laws apply to You and to adjust the ticket price accordingly to account for Your payment of these taxes.
Access
You understand and agree that the website may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which We may undertake from time-to-time; or (iii) causes beyond Our control or which are not reasonably foreseeable by Us.
Representations and Warranties
EVA represents and warrants the following: (i) You are a producer, promoter, presenter, or manager of the Event; (ii) You have the authority and right to offer, sell, and honor the tickets to the Event sold on Our website; (iii) the Event itself and any material or content provided by You to Us for use on Our website is/are not pornographic, defamatory, grossly offensive, harassing, malicious, or otherwise objectionable and do not infringe or violate the rights of any person or entity, including, but not limited to, copyright, trademark, trade secret, proprietary, intellectual property, and rights of privacy and/or publicity, whether by statute or common law; and (iv) the Event and the sale of tickets to the Event does not constitute a violation of any federal, state, and/or local law.
Misrepresentation of Event
The Event must be accurately and truthfully described when EVA submits the Event listing to Ticketleap to be posted on the website. If We discover and determine, in Our sole discretion, that You misrepresented the Event, We will cancel the Event and a refund shall be issued to ticket purchasers pursuant to the paragraph titled “Cancellations, Credits and Chargebacks.” If We determine that you repeatedly engage in the conduct described in this paragraph, Your account will be terminated and any other Events submitted by You will be cancelled pursuant to the paragraph titled “Cancellations, Credits and Chargebacks.”
Security
Ticketleap will take reasonable measures to maintain EVA’s Event data in a secure manner. We will store credit card information on a secure server with limited Internet access and take other reasonable security precautions. We will provide You with an account ID and password that allows You to add, modify, or update Your Event data on Our server. You shall be solely responsible for the confidentiality of Your ID and password and for any authorized or unauthorized access to this website by any person using Your ID and/or password. You agree to notify Us immediately of any unauthorized use of Your password, ID, or any other breach of security discovered by You.
Technical Support
Ticketleap will provide an e-mail form to EVA by which You can obtain technical assistance in dealing with any difficulties which may arise in connection with Your use of Our website. We attempt to provide such support in a timely manner, but make no guarantees that We will respond to Your inquiry by a particular time.
Confidentiality and Non-Disclosure
EVA understands and acknowledges that Ticketleap is the owner of valuable trade secrets and confidential, non-public, and proprietary information (collectively “Confidential Information”) and acknowledges that the services which We perform involve the furnishing of Confidential Information to You including, but not limited to: (i) customer names, mailing addresses, and other personally-identifiable information; (ii) sales; (iii) market demographics; (iv) pricing; and (v) business strategy, and that the goodwill of Ticketleap depends, in part, upon You keeping such Confidential Information confidential. You agree to use Your best efforts to protect Our Confidential Information and to implement security measures to keep said Confidential Information confidential. Except pursuant to court order or the prior written consent of Us, You agree that You shall not disclose, distribute, sell, license, transmit, or disseminate any Confidential Information to any other party or permit or cause any unauthorized party to disclose, examine, and/or reproduce any reports, documents, transmissions, or data containing Confidential Information prepared or owned by Us. If You are requested or required to disclose Confidential Information pursuant to legal proceedings, You shall promptly notify Us so that We may prepare a response to said legal proceedings.
Non-Solicitation
You agree that You shall not solicit or contact, or assist anyone else in soliciting or contacting, via e-mail or through other means, any of Our customers in order to purchase, buy, acquire, or obtain any other product, service, or other solicitation, or for the purpose of terminating, altering, or in any way modifying Our customers’ relationship with Us.
Promotion of Event
EVA shall use reasonable efforts to create, produce, and distribute marketing and promotional materials, and/or otherwise create marketing and promotional campaigns, which state that tickets to Your Event shall be available for sale at the Ticketleap website.
Termination
Except as provided elsewhere in this Agreement, either party may terminate this Agreement at any time upon seven (7) calendar days notice to the other as provided in the paragraph titled “Notice” in the TOS. If You terminate this Agreement after you have submitted your Event to us, Your Event shall be cancelled pursuant to the paragraph titled “Cancellations, Credits and Chargebacks.”
