summary of changes

1.1 terms of Service

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)

2.1 terms of use

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)

3.1privacy policy

3.2 Applications

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 tried to get even more specific about the categories of agents we may transfer personal data to (Section 5.4)
  • We have tried to get even more specific about the categories of agents we may transfer personal data to (Section 5.4)
  • We have tried to get even more specific about the categories of agents we may transfer personal data to (Section 5.4)

5.1 merchant agreement

TicketGateway may make available to you features and tools that allow you to contact other users of the Services or third parties via email (the “Email Tools”). In the event that you use these Email Tools, you represent, warrant and agree that:

  • You have all right and authority necessary to send emails to the addresses on your recipient list, including without limitation, that such addresses were gathered on an opt-in basis in any jurisdiction where that is required by applicable local, state, provincial, national or other law, rule or regulation, and your emailing of such addresses complies with the privacy policy under which the recipient emails were gathered and which was disclosed to recipients at the time of gathering;
  • Your use of the Email Tools is in compliance with all applicable local, state, provincial, national and other laws, rules and regulations, including those relating to spam and email;
  • Your use of the Email Tools will be solely to advertise, promote and/or manage a bona fide event that you have listed on the Services;
  • Your use of the Email Tools and the content of your emails complies with Section 8.1 of these Terms of Use;
  • You will not use false or misleading headers or deceptive subject lines in emails sent using the Email Tools;
  • You will identify the email message as an advertisement or commercial in nature;
  • You will not hide, disable, remove, or attempt to hide, disable or remove the unsubscribe link that TicketGateway includes on every email; and
  • You will not email any person that you know or have reason to know has opted out of receiving emails from you.

5.2 Remedies

If you fail to abide by any of the foregoing, if your use of the Email Tools results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails are found to cause disruption to the Services, TicketGateway may, among other actions, limit or suspend your access to the Email Tools.

6.1 Attendee Refund Policy Requirements

As part of certain registration processes on the Services, you will create an account or change or add information about your account. You agree (a) to provide true, accurate, current and complete information about yourself, or if you are using the Services on behalf of an entity, the entity, as prompted by each Service registration form (the “Registration Data”); and (b) to maintain and promptly update the Registration Data to keep it true, accurate, current and complete. In the event of any dispute between two or more parties as to account ownership, you agree that TicketGateway shall be the sole arbiter of such dispute in its discretion and that TicketGateway’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.

6.2 Security

You are responsible for maintaining the confidentiality of your password and account details, 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 immediately notify TicketGateway of any unauthorized use of your password or account or any other breach of security.

6.3 Age Restrictions

TicketGateway is concerned about the safety and privacy of children. For this reason, and to be consistent with the terms of use of any third-party service providers used by TicketGateway, you must be at least eighteen (18) years of age, or the legal age of majority where you reside, to use the Services. Otherwise you may use the Services only with the involvement of a parent or guardian. In any event, you may not use the Services if you are under the age of thirteen (13).

8.1 API Terms of Use

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 other users of the Services. You agree (1) to use the Services in accordance with your Community Guidelines ; and (2) not to use the Services to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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 TicketGateway’s Raffles, Contests and Sweepstakes Guidelines;
  • Impersonate any person or entity, including, but not limited to, an TicketGateway representative, 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, right of publicity or personality, 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 bona fide events listed on the Services 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 viruses or any other computer code, files or programs that interrupt, destroy or limit the functionality of or to otherwise interact with the Services in a manner not permitted by the Terms of Service (including without limitation these Terms of Use and the API Terms of Use available here);
  • 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;
  • Attempt to probe, scan or test the vulnerability of any TicketGateway server or network or breach any security or authentication measures, unless you are an authorized contractor of TicketGateway specifically engaged to provide such services;
  • Attempt to avoid or circumvent any technological measure implemented by TicketGateway to protect the Services or Content on the Services, including without limitation, encryption technology used to protect sensitive personal information;
  • Solicit any User to use a third party service that competes with TicketGateway;
  • Advertise your event but complete sales independent of the Services in order to circumvent the obligation to pay fees related to the Services;
  • Intentionally or unintentionally violate any applicable local, state, provincial, national or other law, rule or regulation, including without limitation laws and regulations regarding the sale of tickets;
  • Resell tickets or registrations;
  • Collect credit card number, expiration date or CSC code or any other credit card information other than in the fields under “Payment” on the order payment page;
  • Collect social security or insurance number, financial account number, drivers’ license number, health information or other sensitive information required to be secured under applicable local, state, provincial, national or other law, rule or regulation or for which disclosure is required in case of a data breach without first obtaining TicketGateway’s prior written consent; or
  • Stalk or otherwise harass any person or entity.

8.2 Certain Remedial Rights

You acknowledge that TicketGateway does not pre-screen Your Content or the Content of any other User in connection with the Services, but that TicketGateway and its designees shall have the right (but not the obligation) to monitor, alter, edit or remove any of Your Content, in whole or in part, based on violations of the Terms of Service, including without limitation, these Terms of Use. If we believe that Your Content could be changed so as to not violate the Terms of Service, we will attempt to send you notice prior to taking any such action, provided, that if we must act immediately to comply with applicable local, state, provincial, national or other law, rule or regulation or to limit our liability, we may take such action without prior notice. You acknowledge and agree that TicketGateway may preserve Your Content and account information and may also disclose Your Content and account information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to

  • Comply with legal process;
  • Respond to claims that any of Your Content violates the rights of third parties;
  • Enforce or administer the Terms of Service, including without limitation, these Terms of Use; and/or
  • Protect the rights, property and/or personal safety of TicketGateway, its users and/or the public, including fraud prevention. You understand that the technical processing and transmission of the Services, including Your Content, may involve transmissions over various networks and/or changes to conform and adapt to technical requirements of connecting networks or devices.

9.1 Organizer Referral programs and Public Affiliate Marketing programs Terms

TicketGateway may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix] for a given event. All such sub-domains are the sole property of TicketGateway and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event TicketGateway provides you with a 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 of Service, including without limitation, these Terms of Use. If TicketGateway terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.

10.1 referrals and public affiliate marketing programme

The additional terms and conditions relating to TicketGateway’s Organizer Referral Program are available here and are incorporated into these Terms of Use by reference.

The additional terms and conditions relating to Public Affiliate Marketing Programs are available here and are incorporated into these Terms of Use by reference.

11.1 additional services

TicketGateway may, upon request, and for such fees as TicketGateway may establish from time to time in its sole discretion, provide additional services to you beyond the basic functionality of the Site and Applications, including without limitation, marketing and promotion services, leasing ticket scanning and other equipment, providing on-site entry management consultants to assist you with your event set-up 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 the Terms of Service, including without limitation, these Terms of Use. Such additional services shall be set forth in additional terms and conditions or other written agreements between you and an authorized officer of TicketGateway, and shall set forth the applicable fees and the other terms and conditions relating to such additional services.

12.1 service modifications

TicketGateway isn’t a job shop, it isn’t a white label solution and it isn’t a walled garden built specifically for each Organizer. TicketGateway is one of the broadest and most full featured event ticketing and registration platforms in the world. We are constantly evolving our products and services to better meet the needs of our entire user base. Because of this, we do not guarantee any set of product features or functionality and reserve the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, any part of the Services for any reason. Because you only pay fees to TicketGateway as you use the Services, there would be no refund of fees already due following any such change to the Services.

14.1 Privacy Policy

All information provided by Users or collected by TicketGateway in connection with the Services is governed by TicketGateway’s Privacy Policy, a copy of which is located here. The Privacy Policy is incorporated into the Terms of Service by reference. TicketGateway strongly recommends that you review the Privacy Policy.

14.2 Co-Ownership

TicketGateway follows a “co-ownership model” with respect to Attendee Information (as defined below). This means that all Attendee Information inputted by an Attendee on event pages posted by an Organizer on the Services will be shared with the applicable Organizer and may also be used by TicketGateway in accordance with our Privacy Policy, including marketing or promotion of other events or services that may be of interest to the applicable Attendee. Note that Payment Data (as defined below) will not be shared with Organizers. Each Attendee acknowledges and agrees to this sharing and understands and agrees that each Organizer is solely responsible for the use of Attendee Information that was provided to such Organizer through the Services and that TicketGateway is responsible only for its own use of Attendee Information. Each Organizer represents, warrants and agrees that

  • It will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to Attendee Information;
  • It will at all times comply with any applicable policies posted on the Services with respect to Attendee Information; and
  • Upon a request of a given Attendee or as permitted in Section 8.2 of these Terms of Use, TicketGateway is authorized at its discretion to delete or anonymize Attendee Information of a requesting Attendee from the Services at which time it will no longer be available to Organizer through the Services or will no longer be linked to an identifiable Attendee through the Services. However, Attendees should note that Attendee Information may still be available in the Organizer’s own databases if transmitted prior to TicketGateway receiving the underlying request. For purposes of this Section, “Attendee Information” means information about a given Attendee made available on or through the Services, including, without limitation, name, address, e-mail address, past event attendance, event interests, credit card type, last 4 credit card digits and phone numbers, but excluding Payment Data.

14.3 Payment Data

TicketGateway will not share with an Organizer any Payment Data. “Payment Data” means any full credit card number or other full payment account number and the related expiration date and security code entered by an Attendee on the Services in order to purchase a ticket or registration, make a donation or purchase merchandise related to events, so long as such information is entered in the fields under “Payment” on the order payment page. Note that if an Attendee enters such information in other areas of the Services or otherwise provides it to another User, it may not be encrypted and may be automatically shared with the applicable Organizer, so Attendees should enter such information only under “Payment” on the order payment page.