Terms of Service

Last Updated: September 15, 2018

Key Points

Summary of Service and Definitions

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations when you (a) visit the QuickTix website located at www.quicktix.org; (b) use QuickTix mobile applications; (c) access QuickTix affiliated websites and services; (a), (b), and (c) are collectively referred to as the (“Site”) or our (“Services”).

The Site is owned and operated by QuickTix, Inc. (“QuickTix”). In these Terms, the words “we”, “us” and “our” refer to QuickTix.

When these Terms use the term “Organizer” we mean event creators using the Services to create events displayed on the Services for consumers using our Services (a) to consume information about or attend Events (“Consumers”), or (b) for any other reason. Organizers, Consumers and third parties using our Services are all referred to in these Terms collectively as “Users”, “you” or “your”.

“Content” means various content including, but not limited to, videos, photographs, images, artwork, graphics, audio clips, comments, data, text, other material and information, and associated trademarks and copyrightable works, that the Service makes accessible through the Site, email, and other media.

“User Content” means any Content submitted by Users.

“Organization Page” means User Content that describes an Organizer’s events, affiliations, activity on the Site, or other content.

Accepting These Terms

By accessing or using our Site, you agree to comply with and be bound by these Terms and accompanying Privacy Policy, and Refund Policy and Merchant Agreement (collectively known as the “Agreement”), as applicable to you. If you do not agree to the Agreement, you should not use the Site.

We may revise this Agreement at any time by posting an update to the Site. Your continued use of our Services after a posted change of this Agreement means that you agree to be bound by the changes, so please check the Agreement regularly for any changes.

You affirm that you are at least the age of majority where you reside, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement. You also affirm that you are able to abide by and comply with this Agreement.

Our Services are not intended for children under thirteen. You affirm that you are at least thirteen years of age. If you are under thirteen years of age, then please do not use the Site.

Username and Password

To access certain restricted sections of our Site you will be required to sign up for a QuickTix account. You agree that the confidentiality of your username and password are your responsibility. You agree to accept responsibility for all activities that occur under your username and password and to notify us immediately if you believe there has been unauthorized use of your account or other breach of security.

We reserve the right to suspend or terminate any User account, and to reclaim or re-assign usernames without any liability to you. Usernames may be displayed publicly on the Site. You agree not to create a username that is obscene or offensive to others, or impersonates any person or entity. We reserve the right to reclaim usernames associated with accounts that are inactive for more than 6 months. We may also reclaim usernames on behalf of organizations or individuals, if they hold legal claim or trademark on those usernames.

Account Settlement

QuickTix will mail a check payment, via a mailing agent to Organizer within fourteen (14) business days after the event end date. There is no guarantee Organizer will receive the check within fourteen (14) business days due to possible inconsistent delivery times by mailing agents.

If payment has not been received (21) days after the check has been issued, QuickTix will issue a replacement check upon Organizer request, and put a stop payment on the original check, at no charge. If Organizer wants a replacement check issued prior to the 21 day limit, Organizer must pay a $35.00 fee to stop-payment the original check.

QuickTix can also disburse funds through Alternative Paymention Options such as direct deposit and Paypal. Additional charges/fees may apply with Alternative Payment Options. If an Organizer needs an Alternative Payment Option, the Organizer may reach out to [email protected] to submit a request. QuickTix reserves the right to refuse disbursement of funds through Alternative Payment Options and can exclusively disburse Organizer funds through a mailed check with the above terms in this section applicable.

Should Organizer be delinquent in payment of any loans, costs, and/or fees to QuickTix for any other or prior scheduled event or contractual agreement between QuickTix and Organizer, Organizer agrees that QuickTix may offset any such outstanding balances with funds from a current event prior to paying Organizer. Organizer agrees and understands that QuickTix has the right to withhold any and all payments to Event Organizer for up to 90 days after the end of the event for any reason.

Chargebacks

In order to account for chargebacks, transaction disputes and/or refunds 5% of all funds processed may be kept at the discretion of QuickTix for up to 30 days after the event end date in order to account for potential credit card disputes and/or chargebacks. After the withholding period the funds will be disbursed to the organizer.

Fees

Unless otherwise stated, creating an account, listing an event and accessing the Services are free. We charge fees when you sell or buy paid tickets or registrations. These fees may vary based on individual agreements between QuickTix and certain Organizers. The QuickTix pricing page lists fees that may be charged.

Organizers ultimately determine whether these fees will be passed along to Consumers and shown as “Fees” on the applicable event page or absorbed into the ticket or registration price and paid by the Organizer out of ticket and registration gross proceeds.

The fees charged to Consumers may include certain other charges, including without limitation, facility fees, royalties, taxes, processing fees and fulfillment fees. Therefore, the fees paid by Consumers for an event are not necessarily the same as those charged by QuickTix to the applicable Organizer or the standard fees described on the Services to Organizers. In addition, certain fees are meant, on average, to defray certain costs incurred by QuickTix, but may in some cases include an element of profit and in some cases include an element of loss.

QuickTix does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.

Refunds

Event refund policies must be posted on each Event page. All Organizers using the QuickTix platform must abide by our Refund Policy which covers minimum requirements for refunds.

QuickTix reserves the right to issue a refund to any Consumer at any time for any event and/or any transaction.

Transactions are between Organizers and Consumers. Consumers must contact the applicable Organizer of their event with any refund requests.

If Consumers receive a refund as a consumer for your ticket, you must discard any ticket that we or any Organizer has delivered. Failure to do so constitutes fraud. QuickTix will not be held liable under any circumstances for any costs arisen from non-compliance by Consumers with applicable procedures that must be implemented by Organizers to check validity of tickets. QuickTix will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

If you are an Organizer, you acknowledge that the applicable procedure to check the validity of the ticket must always be followed. QuickTix will not be held liable under any circumstances for any costs arisen from non-compliance by Organizers with applicable procedures that must be implemented by Organizers to check validity of tickets. QuickTix will not be held liable under any circumstances for costs and/or damage associated with tickets arisen from situations with fraud and/or for damage associated with the purchase of the ticket through non-official means, such as third parties.

Event Cancellation and Rescheduling

If the decision to cancel an event is made, QuickTix reserves the right to issue full refunds to Consumers, including service fees, for the canceled event. Organizer agrees that if an event is canceled and full refunds are issues to Consumers, Organizers will pay QuickTix for any and all service fees originally charged to the Consumer, and additional costs, including but not limited to, credit card charge back fees related to refunding tickets.

Organizers agree to process refunds for Consumers of any rescheduled event at the Consumers request. Should a Consumer request a refund due to a rescheduled event, Organizers agree to pay QuickTix for any and all service fees originally charged to the Consumer, and additional costs, including but not limited to, credit card chargeback fees related to refunding tickets.

Change of Venue or Event

If an event is changed or a venue for an event is changed, Organizers agree that refunds will be given to Consumers at the Consumer's request. Organizers agree to pay QuickTix for any and all service fees originally charged to the Consumer, and additional costs, including but not limited to, credit card chargeback fees related to refunding tickets.

Event Promotion and Advertising

This Agreement does not obligate QuickTix to promote or advertise any event listed on the platform. Organizer's acknowledge and understand it is their sole responsibility to promote and/or advertise the event.

Ticket Delivery

Ticket delivery options are event specific and are determined by the Organizer. Consumer assumes all risk of ticket loss, theft, delay, damage, or destruction during delivery of tickets. Tickets lost, stolen, delayed, damaged, or destroyed during delivery may not be replaced.

If Consumer receives physical tickets, lost, stolen, delayed, damaged, or destroyed physical tickets will be replaced or refunded at the discretion of QuickTix, including tickets lost, stolen, delayed, damaged, or destroyed during delivery to ticket purchaser.

Use of sub-domains

QuickTix may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].quicktix.org) for a given organization. All such sub-domains are the sole property of QuickTix and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domain, your right to use such sub-domain will continue only for so long as your event is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Services. If QuickTix terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

Community Guidelines and Responsibility for User Content

All Users agree to post or make available content (including any event page, organization page, or other content) and otherwise use the Site in a manner that:

All Users agree NOT to post or make available content (including any event page, organization page, or other content) and otherwise use the Site in a manner that:

Without limiting the foregoing, you understand that all User Content posted on, transmitted through, or linked from the Site, is the sole responsibility of the person or entity from which such User Content originated. You understand that QuickTix does not control, and is not responsible for User Content made available through the Site, and that by using the Site, you may be exposed to User Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. QuickTix makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any User Content.

QuickTix does not and cannot review all User Content or other communications and materials posted to or created by Users accessing the Site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute User Content and other communications and materials on the site, QuickTix is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, QuickTix reserves the right to block or remove communications or materials that it determines to be in violation of the Code of Conduct.

You are solely responsible for any User Content contributed by you. User Content will not be treated as confidential. Unless otherwise specified, or if an option does not exist on the Site to hide or restrict access to specific User Content, you should assume that such User Content will be displayed publicly. If the Site provides you with the option to do so, you are responsible for indicating what User Content is shared publicly or shared with Posters. We reserve the right to edit or delete any User Content without notice, in whole or in part, at our sole discretion. See section below for details on the Digital Millennium Copyright Act.

Violation of any part of this section may result in the removal of some or all of your User Content (including User Profile, Event, Organization Page and Content), refunds issued to consumers and cancellation of event sales, removal or reversal of some or all of your displayed actions taken on the Site, including but not limited to actions to create an event, organization, and/or register for an account or other event on the Site; and/or termination of your QuickTix account at the sole discretion of QuickTix.

You acknowledge that we shall have the right (but not the obligation) in our sole discretion to pre-screen, refuse, or move any Content that is submitted to the Site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

Intellectual Property

Organizers agree not to post material that Organizers do not have an ownership right of patent, copyright, and/or other intellectual property right to. QuickTix reserves the right to remove any content from an event page or Organizer page that may infringe on the intellectual property rights of a third party.

Limitation of Liability

QuickTix has no special relationship with or fiduciary duty to you. You acknowledge that QuickTix has no control over, and no duty to take any action regarding: which users gain access to the Site; what affects the User Content or QuickTix Content may have on the users; how users may interpret the User Content or QuickTix Content; or what actions users may take as a result of having been exposed to the User Content or QuickTix Content.

Although QuickTix and the Site will make reasonable efforts to store and preserve the material residing on the Site, neither QuickTix nor the Site is responsible or liable in any way for the failure to store, preserve or access User Content or other materials you transmit or archive on the Site. You are strongly urged to take measures to preserve copies of any data, material, content or information you post or upload on the Site. You are solely responsible for creating backups of your User Content.

THE SERVICES, CONTENT, SITE AND ANY SOFTWARE OR OTHER PRODUCTS OR SERVICES OFFERED HEREUNDER ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THAT THE USE OF THE SITE WILL (A) BE TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; (B) MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) BE FREE FROM ERRORS, OR THAT DEFECTS WILL BE CORRECTED; (D) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, WE SHALL NOT BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

By using this Site, you acknowledge that QuickTix is not responsible or liable for any harm resulting from (1) use of the Site; (2) downloading information contained on the Site, including but not limited to downloads of content posted by users; (3) unauthorized disclosure of images, information or data that results from the upload, download or storage of content; or (4) the temporary or permanent inability to access or retrieve any content from the site, including, without limitation, harm caused by viruses, worms, Trojan horses, or any similar contamination or destructive program.

QuickTix is not liable for any contracts, contractual obligations or any other obligations that may arise by statute or operation of law, resulting from any employment or commercial relationship, whether attempted or formalized, between Consumers and Organizers.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Indemnity

You release, indemnify, defend and hold harmless QuickTix, our parent, subsidiary, and affiliated companies, and all of their respective past and present officers, directors, members, managers, employees, agents, representatives affiliates, suppliers, successors and assigns (hereafter the “Released Parties”) from and against any and all claims, damages, losses, expenses, and liabilities (including without limitation reasonable fees and costs for attorneys and investigations), arising out of, based on, or in connection with (i) your misuse of the Site, Services or Content; (ii) a dispute with another User of our Site; (iii) your breach of this Agreement; (iv) your violation of any law or the rights of any third party, including intellectual property rights; (v) your User Content; (vi) your negligence resulting in damages of any kind to persons and property, (vii) defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to your use of the Site or Service.

Without limiting the foregoing, the Released Parties shall have no liability in connection with:

  1. any incorrect or inaccurate information caused by QuickTix's electronic or printing error, or by any of the equipment or programming associated with or utilized in the operation of the Site;
  2. technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, internet connectivity or electronic transmission errors, or network hardware or software or failure of the Site;
  3. unauthorized human intervention in any part of the Site’s operation;
  4. technical or human error which may occur in the administration of the Site or Service; or
  5. any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from your use of the Site or Service.

Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any content on this Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act by providing our Copyright Agent with the following information in writing:

  1. Identification of the work or material being infringed.
  2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that QuickTix is capable of finding and verifying its existence.
  3. Contact information about the notifying party (“Notifying Party”), including name, address, telephone number and email address.
  4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
  5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
  6. The Notifying Party’s physical or electronic signature.

The QuickTix designated Copyright Agent to receive notifications of claimed infringement is:

Applicable Law

This Agreement shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles.

Binding Arbitration

In the event of a dispute arising under or relating to this Agreement, the Content, the Site or the Services (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in Sharon, Massachusetts may enforce the arbitrator’s award. The arbitration shall be administered by the Judicial Arbitration and Mediation Services (“JAMS”) pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, if applicable, or otherwise pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules (the “JAMS Rules”). Such disputes will be resolved by the arbitrator as determined under the JAMS Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in Sharon, Massachusetts. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

Disputes

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

Non-waiver

The failure of QuickTix to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

Assignment

You may not assign any of your rights under these Terms, and any such attempt will be void. QuickTix may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

Termination

QuickTix reserves the right in its sole discretion to refuse, suspend, or terminate your account, your access to our Site or any portion of our Site without notice. We may terminate this Agreement, at our discretion without explanation and notice, though we will strive to provide a timely explanation in most casts. If you wish to terminate this Agreement, you may do so by notifying QuickTix at any time and closing your account for the Service. Your notice should be sent in writing. Termination of the Agreement may result in the immediate deletion of any or all of your User Content. QuickTix will not have any liability whatsoever to you for any suspension or termination, including for deletion of your User Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement

The Agreement constitutes the entire agreement between you and QuickTix with respect to your use of our Site and Service for selling tickets, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to our Site and Service.

Links to third party websites

Our Site may contain links to third party websites. Any such links are provided for your convenience only. We do not control those websites, and we are not responsible for their contents or practices, including their privacy practices. We do not endorse the operators of those sites, nor do we endorse or make any representations with respect to the contents of those sites or any products offered on those sites.

PCI DSS Compliance

QuickTix abides by PCI DSS Compliance to protect credit card information.

Contact Us

If you have any questions about these Terms or our site in general, please contact us at [email protected]