Summary of Changes to TicketGateway

Our new Terms of Service covers the basic legal terms applicable to all of our services. It contains many of the same or similar provisions as our old Terms of Service, however, we made several key changes that we wanted to call out specifically:

  • We limited our ability to terminate your use of our services to certain specific reasons (Section 4.2)
  • We clarified the reasons that a user may terminate their account (really whenever you want) (Section 4.3)
  • We further clarified people and entities that we cannot do business with due to US laws (Section 5.1)
  • We added some separate amendments applicable to our European and Australian users that we believe they would normally expect to see (Section 5.2 and 5.3)
  • We increased the amount of our potential liability under our Limitation of Liability (Section 6.3)
  • We added language clarifying why we need a release from all users of disputes between users or users and third parties (Section 6.4)
  • We added that our services are protected by copyright and patent rights (Section 6.6)
  • We added a new binding arbitration provision and class action waiver (Section 6.10)

Our new Terms of Use contains many of the provisions from our old Terms of Service. However, we wanted to separate the two to make them more readable. The difference between our Terms of Service and Terms of Use is that the Terms of Service contains basic legal terms, whereas, the Terms of Use talks to how users should and should not use our services or different parts of our services. Among other changes:

  • We clarified our role in connection with transactions on our services (Section 4.1 and 4.2)
  • We clarified how our fees work in that organizers do not pay to list events on our services and ticketing fees are only paid when a paid ticket is sold (Section 4.3)
  • We added minimum requirements on organizers around communicating refund policies and adhering to those policies and certain minimum requirements set out in our Attendee Refund Policy Requirements (Section 4.4)
  • We added specific language addressing how our email tools can and cannot be used (Section 5)
  • We added more information about age restrictions on our services (Section 6)
  • We clarified that you own the content you upload to our website and that our license to use that content is limited to our provision of our services (including promotional and marketing services) (Section 7.2)
  • We added a provision clarifying our rights to any feedback and revisions you propose to our services (Section 7.3)
  • We added to the prohibitions on what you can and cannot do on our services (Section 8)
  • We more specifically clarified the ownership and relative rights to payment and non-payment data gathered by us from attendees on our services (Section 14)

Our Privacy Policy has numerous changes from the old version. In general, we have tried to be more specific in how we collect, use, store, transfer and disclose your personal information. The major changes include:

  • We have tried to get even more specific on the categories of information we collect (Section 3)
  • We have tried to get even more specific about the categories of agents we may transfer personal data to (Section 5.4)
  • We have given more information about our storage of personal data (Section 6)
  • We have given more information about our retention of personal data (Section 8)
  • We have given more information about our marketing communication practices and how you can control your preferences related to receiving marketing communications sent from or through our services (Section 10.2)

Our Cookie Policy remains very similar to the Cookie Policy previously in effect.

Our new Merchant Agreement incorporates many of the provisions from our old Organizer Terms of Service relating to payment, refunds, chargebacks and other paid event specific items. However, we have made significant changes in order to make sure we adhere to the requirements of our payment processing partners and the various credit card and other payment frameworks in which we have to participate in order to process transactions on behalf of organizers. We encourage our users who are organizers of events with paid tickets to read the new Merchant Agreement in its entirety.

We have created these minimum requirements that we expect organizers to adhere to with respect to paid tickets that they have sold through our services. If you are an attendee, this policy, read along with the organizer refund policy to which you agreed for a given event, will help you understand your rights in case of a dispute. If you are an organizer, we expect that you can meet these very basic requirements.

We took the language in our old Terms of Service (Section 7.3) about the Digital Millennium Copyright Act of 1998 and spun it out into a new more functional policy that explains step by step how someone can ask to have content removed from our services if they believe in good faith that it is infringing their copyright or trademark rights. This policy may be applicable to both users and non-users. Following the steps laid out in it will be the most efficient and quickest way to lodge a complaint about materials on our services that you believe infringe your copyright or trademark rights.

Our new API Terms of Use covers the basic legal terms applicable to all third-party developers that use the Ticketgateway APIs. It contains many of the same or similar provisions as our old one, however, we made several key changes that we believe benefit third party developers:

  • We incorporated our Terms of Use into the API
  • We clarified how you may store Site Content when using the Ticketgateway APIs (Section 3.2)
  • We clarified what information you must display or make available when using Site Content on Your Application (Section 3.3)
  • We clarified your branding obligations in connection with using the Ticketgateway APIs for Your Application (Section 3.4)
  • We clarified the terms of our license, clarified how you may terminate the license, and added a provision clarifying that Ticketgateway that may terminate the license if allowing you access would violate the law or expose Ticketgateway to legal liability (Sections 4.1 and 4.2)
  • We added additional restrictions to the use of our license to protect the integrity of the Ticketgateway APIs (Section 4.4)
  • We have added provisions clarifying our security requirements, including
    (i) ensuring proper consent is received,
    (ii) allowing for the termination of services during a security issue,
    (iii) and requiring reasonable security measures in place to protect your user's information (Section 4.5)
  • We clarified the representations and warranties as to Content obtained from Ticketgateway APIs (Section 6)
  • We clarified what constitutes Ticketgateway Confidential Information and your responsibilities relating to this information (Section 10)

These programs are only applicable to a small subset of users because we broke them apart separately and included references to them near the product feature that they cover rather than in our other more generally applicable policies. They are essentially the same as the equivalent terms that were in our old Terms of Service.