Terms of Service

These terms of service, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”) govern the relationship between Buy Your Tix LLC and all of its subsidiaries, successors in interest, and assigns (collectively, “BYT”, “we”, “us”, “our”) and anyone who uses or has access to any application, functionality, or digital asset owned, provided by, or otherwise affiliated with or disseminated by BYT on or through https://buyyourtix.com (the “Website”) or any related websites, products, services, or related mobile applications (collectively, the “Services”). All users of the Services agree that access to and use of the Services are subject to the following terms and conditions and other applicable law. You agree that by using the Services, you are at least 18 years of age if you are a resident of the United States or otherwise the age of majority in your jurisdiction of residence. It is your responsibility to review these Terms of Service periodically. We may revise these Terms of Service at any time without notice to you. If you do not agree to these terms and conditions, please do not use the Services.

Governing Law and Jurisdiction; Jury Waiver

All matters relating to the Website and these Terms of Service shall be governed by and construed in accordance with the laws of the State of Utah, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of the Website of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Salt Lake County, Utah.

You acknowledge and agree that you and BYT are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and BYT otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.

Client Account

In order to use portions of the Services, you must sign up with BYT (thereby becoming a “Client” and creating an “Account”). Information provided during the sign up process must be complete and accurate.

You shall not: (a) create an Account with the intent to impersonate another user or person; or (b) employ a username that is offensive, vulgar, or of other ill regard as defined at the sole discretion of BYT.

You are solely responsible for all activity performed on your Account. It is your responsibility to protect the safety and security of your Account’s password. In the event of a security breach or suspected security breach, you are required to provide notice to BYT without delay.

You may not access the Services in an attempt to (a) modify, publish, distribute, transmit, systematically download, use automated means to index or extract data from, participate in the transfer or sale or rental of, translate, create derivative works from, frame, co-brand, or in any way exploit any part of the Services other than for personal or internal business use or as specifically permitted in this agreement, without BYT’s written consent, or (b) use the Services in any harmful or illegal manner or interfere with any party’s use or enjoyment of the Services. You agree to immediately cease use of the Services at BYT’s request.

Eligibility & Compliance

BYT may, at any time at its sole discretion, refuse to offer the Services to any Client, individual or entity without notice. BYT may delete or otherwise disable any Client’s account without notice or explanation. By accessing the Services, you acknowledge and agree that you will not directly or indirectly attempt to copy, replicate, reverse engineer, decode, or acquire any frontend or backend source code except as expressly permitted by BYT or corresponding laws and regulations. You will not attempt to alter, modify, or otherwise derive another product or work based on or otherwise employing use of the Services.

Content

“Content” refers to and includes any data, image, text, style, pattern, document, asset, feature or functionality used on or affiliated with BYT and the Services whether created, uploaded or otherwise employed by BYT, its Clients or affiliates. BYT makes no warranties as to the availability or accuracy of the Content. BYT further makes no warranties as to the compliance of the Content with any copyright claims, laws, rules or regulations.

You acknowledge and agree that all Content generated or accessed by you is at your sole discretion, and you will be responsible or liable for any damages, losses or penalties associated with its use. If you provide Content that you generated and that is posted on the Website, you hereby grant BYT a perpetual, royalty-free, exclusive, non-transferable, non-sublicensable, worldwide license to publicly display and use the Content. You shall not upload, submit or otherwise employ Content that (1) infringes any copyright, trademark, servicemark, patent, trade secret, or other regulation, law or policy or (2) that in any way impersonates another person or entity or (3) is false, inaccurate, or misleading or (4) otherwise deemed inappropriate, improper, vulgar, defamatory, libelous or damaging at the sole discretion of BYT.

All Content collected, stored or employed by BYT, except where otherwise noted or inapplicable due to the laws and regulations governing that Content, is the sole property of BYT. BYT may use Content generated by you including but not limited to text, images, logos, branding, styles and likeness for purposes including but not limited to marketing, promotion, benchmarks, reporting, press releases, and public relations.

BYT does not warrant that any Content will be made available or remain available. BYT makes no guarantee that it will monitor the Content or the Services and has no obligation to do so. BYT reserves the right to remove, disable or delete any Content without warning, notice or explanation.

Content specifically generated by or specifically employed by BYT, its partners or affiliates may be governed and protected by copyrights, patents, trademarks or other restrictions. You agree to use the Services in compliance with any such restrictions. You may not sell, license or otherwise financially profit from the use of any of the Content or the Services except as expressly authorized by BYT. Further, you may not use or exploit any content owned by or restricted by a third party entity.

BYT reserves the right to limit, prevent access to, remove, or permanently delete all Content. BYT may remove any Content without notice or explanation that it deems to be in violation of these Terms of Service, offensive, infringing, derogatory, or libelous.

Without limiting the foregoing responsibilities of the Client, BYT may monitor use of the Website to determine compliance with this agreement. BYT may remove or refuse your Content for any reason.

Use Restrictions

• You will not use the Website or the Services for unlawful purposes.
• You will not submit, stream, or otherwise provide or make available any information or content that is defamatory, indecent, pornographic, obscene, otherwise objectionable or harmful, or that violates the legal rights of third parties through or using the Services.
• You will not engage in data mining or similar data gathering or extraction activities or retrieve data or other content from the Services for purposes of creating or compiling that content for any purpose other than your authorized use of the Services as permitted by these Terms of Service.
• You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
• You will not use the Services to post, transmit, input, upload, or otherwise provide any information or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, malware, ransomware, adware, or other harmful computer code or programming routines, including those designed to or that reasonably may disable, damage, impair, interfere with, surreptitiously intercept, or expropriate the Services or any computers, hardware, software, system, data, or networks.
• You will not engage in activities that aim to render the Services inoperable or to make their use more difficult.

Privacy

BYT’s Privacy Policy describes how BYT uses your (or your Customers’) personal information. You are responsible for providing your Customers with a copy of the BYT Privacy Policy.

You and we shall each comply with our obligations under all applicable data protection laws.

Fees & Billing

BYT charges a per-order Client fee for our Services. The (1) specific amount of your Client fee, (2) details on how it is deducted from customer payments or from your Client balance, and (3) an explanation of your responsibility to maintain a positive Client balance are displayed on the Payment page of your Account settings.

Any and all fees collected by BYT are subject to change at any time at the sole discretion of BYT. Prior to implementing any changes to fee structure, BYT will make a reasonable effort to inform Clients directly affected by the fee change.

Failure to remit fees owed or to maintain a positive Client balance can result in the suspension or termination of your account without notice.

Collection of Payments & Donations

BYT may provide integrations with third-party payment processing providers. By employing the Services including but not limited to ticketing, payment collection or donation systems, you agree to adhere to the terms and conditions of these third-party providers.

By collecting payments with BYT, you agree to hold BYT, its integration partners, payment processors and affiliates harmless from and against any lawsuit, claim, damage, liability, or expense.

It is your sole responsibility to abide by applicable tax, accounting and reporting laws in your country and region. BYT is not responsible or liable for failure to comply with local, state or federal laws applicable to you or your organization, and you should seek professional advice for your event, organization and or use case.

It is further your sole responsibility to provide adequate customer service and responsiveness to event customers (any customer who has purchased a ticket or submitted a payment of any kind in relation to your event or BYT account). BYT is not liable or otherwise responsible for the management, resolution or granting of refunds, credit card disputes or credit card chargebacks associated with your event(s), account, action or inaction.

You acknowledge and agree that you will not attempt to circumnavigate, bypass or otherwise influence BYT fees associated with the collection of payments, gifts and donations. You may not include links to external registration or payment processors, or otherwise encourage event guests to submit registration information or payments external to BYT registration and payment systems.

Third Party Services

Certain components of the Service may allow you to link to, integrate, or otherwise employ a third party service, tool, website, product or other work. BYT makes no warranties as to the ability to integrate with, availability, reliability, functionality or other facet of any third party or integration point. You understand and agree that any third party services are out of BYT’s control, and BYT is not responsible or liable for any damages, losses, penalties or other consequences associated with or due to the use of such third party services.

Important Disclaimers

Your use of the Services is at your own risk. The Services are provided on an “as is” and “as available” basis. BYT disclaims any warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement, and any warranties arising out of course of dealing or usage of trade.

BYT does not complete background checks on Clients or make any representations about the location, safety, or quality of the Clients or Services. BYT has no responsibility for your interactions with other Client sof the Services. Your interactions with such persons are at your own risk.

By way of illustration, and without limiting the generality of the disclaimers above, BYT disclaims any warranty that:

• The Services will be uninterrupted or error-free, or that defects will be corrected;
• The Website and the server[s] that make[s] the Services available are free of viruses or other harmful components; or
• The Content is accurate, complete, or free of typographical errors.

The inclusion or offering for sale of any product or service as part of the Services does not constitute an endorsement or recommendation by BYT, and you agree not to make any claim against BYT relating to the purchase of these products or services.

Limitation on Liability

To the fullest extent provided by law, in no event will the collective liability of BYT and its subsidiaries and affiliates, and their licensors, service providers, employees, agents, officers, and directors to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $500 or the amount you have paid to BYT for the applicable Service in the last 12 months out of which liability arose.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

The foregoing does not affect any liability that cannot be excluded or limited under applicable law.

Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Service or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

Indemnification

To the maximum extent permitted by law, you shall indemnify BYT, its subsidiaries, affiliates, licensors, service providers, content providers, employees, managers, agents, and directors from all third-party liabilities, claims, and expenses, including reasonable outside attorneys’ fees and costs, that may arise from or be associated with your use or misuse of the Services or Content or your breach of any representation or obligation in this agreement. BYT reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any claim for which you are obligated to provide indemnification under this section. You shall fully cooperate as reasonably required in the defense of any claim.

Copyrights

The technology underlying the Services and the entire contents of the Services including, but not limited to, text, graphics, images, photographs, audio and video clips, digital downloads, data compilation or code is copyrighted under the United States, Canada and other copyright laws, and is the property of BYT and protected by copyright and other intellectual property or proprietary rights. All rights reserved.

Trademarks

All trademarks, service marks and trade names of BYT on the Website and the Services are trademarks or registered trademarks of BYT or their respective owners. Our trademarks may not be used in any manner for any purpose without our express written consent.

Miscellaneous

1. Entire Agreement. The Terms of Service constitute the sole and entire agreement between you and BYT regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
2. Waiver and Severability. The failure of BYT to enforce any part of these Terms of Service shall not constitute a waiver of its right to later enforce that or any other part of these Terms of Service. If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
3. Assignment. These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with BYT’s prior express written consent. BYT may assign, transfer or delegate any of its rights and obligations hereunder without consent or notification.