The following pages contain our Terms of Service, which governs all use of our Services.
1. ACCEPTANCE OF TERMS
The following terms and conditions govern all use by you as a Buyer (as defined below) or other non-Organizer (as defined below) user or visitor of (a) the MY DATA TICKET, LLC websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by MY DATA TICKET, LLC ("MY DATA TICKET") in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by MY DATA TICKET. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on the Site by MY DATA TICKET. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE PUBLISHED FROM TIME TO TIME ON THE SITE BY MY DATA TICKET. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, DO NOT USE OR ACCESS THE SERVICES.
MY DATA TICKET reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this Contract at any time. It is your responsibility to check this Contract periodically for changes. Your continued use of the Services following the posting of any changes to this Contract constitutes acceptance of those changes. If any change to this Contract is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF MY DATA TICKET
MY DATA TICKET provides a simple and quick means for registered users who are event organizers and planners ("Organizers") to collect payments with respect to the sale of tickets/registrations, merchandise and services for events registered on the Site from users who want to attend such events ("Buyers"). Organizers may visit the Site, fill out a questionnaire about their event, including pricing, location, inventory, etc., and collect event registration fees online directly from Buyers. Payments are all transacted through the MY DATA TICKET payment processing gateway.
3. YOUR USE OF THE SERVICES
MY DATA TICKET hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, registering for, and interacting with, an event that is registered on the Site (or by other means), in each case (i) in compliance with this Contract, and (ii) to the extent permitted under all applicable laws and regulations (foreign and domestic). Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
If you are allowed to download or use any Software in connection with the Services, MY DATA TICKET hereby grants you a personal, non-transferable, non-sublicensable, revocable, non-exclusive license to use the Software solely for your internal use in connection with the Services, and only in accordance with this Contract and the written instructions/directions (if any) provided by MY DATA TICKET in conjunction with the Software. For purposes of this Contract, "Software" shall mean any and all software that is available on or through the Site or otherwise provided by MY DATA TICKET, including without limitation MY DATA TICKET's mobile applications (such as the MY DATA TICKET app). For clarity, the Software will be deemed a part of the "Services" hereunder.
The Software and the transmission of applicable data is subject to United States export controls. No Software may be downloaded or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You shall also be responsible for using the Software in a manner that complies with all federal, state and local laws and the rules and regulations of all credit card companies.
The Software and related documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations Section 12.212. Any use, duplication or disclosure of the Software or such documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Contract.
4.1 MY DATA TICKET Content.
You agree that all material, including without limitation information, data, software, text, design elements, graphics, images and other content (collectively, "Content"), contained in or delivered via the Services or otherwise made available by MY DATA TICKET in connection with the Services (collectively, “Site Content") is protected by copyrights, trademarks, service marks, trade secrets or other intellectual property and other proprietary rights and laws. MY DATA TICKET may own the Content or portions of the Content may be made available to MY DATA TICKET through arrangements with third parties. Except as expressly authorized by MY DATA TICKET in writing or in connection with your use of the intended functionality of the Services, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Site Content, or post any Site Content on any other web site or in a networked computer environment for any purpose. Reproducing, copying or distributing any Site Content for any other purpose is strictly prohibited without the express prior written permission of MY DATA TICKET. You shall use the Content only for purposes that are permitted by this Contract and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
4.2 Your Content.
You acknowledge and agree that if you contribute, provide or make available any Content to the MDT Site ("Your Content"), you hereby grant to MY DATA TICKET a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. MY DATA TICKET reserves the right to remove any of Your Content from the Site at any time if MY DATA TICKET believes in its sole discretion that it does not comply with this Contract. In addition, you agree that MY DATA TICKET may use your name and logo (whether or not you have made it available through the Site) for the purpose of identifying you as an existing or past customer of MY DATA TICKET both on the Site and in marketing and promotional materials.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any Content made available in connection with the Services infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed, or access to it blocked. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA (see http://www.loc.gov/copyright for details). Notices and counter notices with respect to the Services should be sent to:
MY DATA TICKET,LLC
401 E. Las Olas Blvd.
Fort. Lauderdale, FL 33301
5.1 MY DATA TICKET Service Fee
For every ticket you sell using MY DATA TICKET, we charge 2.5% of the ticket value plus $.99 per ticket. No matter how much you charge, we cap our service fee at $9.95 per ticket for event organizers.
5.2 Credit Card Processing Fee
When you collect money through MY DATA TICKET's credit card processing, we charge 3% of the ticket value.
5.3 Payment of Fees
You may choose how you pay the fees referenced in 6.1 and 6.2 herein. You can have your attendees pay for all fees by adding them on top of your ticket price. Or you can pay the fees by including them into the total price of the ticket.
5.4 How you get paid.
After your event, MY DATA TICKET will send you a confirmation email with the details of your event revenue and payout information. You have 96 hours (4 days) from the end of your event to process any refunds and make any adjustments.
On the fifth business day after your event has ended, MY DATA TICKET will issue you a bank transfer for your total event revenue (less MTY DRINK TICKET service and credit card processing fees). You should receive the funds in your account within five business days after that, depending on your bank.
It is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or otherwise. If a Buyer desires to request a refund, Buyer must request the refund from the Organizer. All communications or disputes regarding refunds are between the Organizer and Buyer and MY DATA TICKET will not be responsible or liable in any way for refunds, errors in issuing refunds, or lack of refunds in connection with the Services. All communications and disputes regarding chargebacks and refunds are between the Organizer and Buyer and MY DATA TICKET will not be responsible or liable in any way for chargebacks in connection with a Buyer's use of the Services. If you are a Buyer and you wish to request a refund in connection with an event listed on the Services, you should contact the applicable Organizer directly.
6. YOUR REGISTRATION OBLIGATIONS.
7. ACCOUNT, PASSWORD AND SECURITY.
As part of the Site registration process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, 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 (a) immediately notify MY DATA TICKET of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. MY DATA TICKET cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that MY DATA TICKET shall be the sole arbiter of such dispute in its sole discretion and that MY DATA TICKET'S decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
8.1 Certain Restrictions.
Whether you are using the Services as a Buyer or other non-Organizer, 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 Vendors, Organizers, Buyers and other non-Organizers. You agree not to use the Services to:
9 . INDEMNITY.
You agree to defend, indemnify and hold MY DATA TICKET, and its affiliates, and each of its and their respective officers, directors, agents, co-branders, other partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your Content; the events listed on the Service; your use of, contribution to or connection with the Service; your violation of this Contract; and/or your violation of any rights of another. MY DATA TICKET shall provide notice to you of any such Claim, provided that the failure or delay by MY DATA TICKET in providing such notice shall not limit your obligations hereunder. MY DATA TICKET reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting MY DATA TICKET's defense of such matter.
10. SERVICE MODIFICATIONS/SUSPENSIONS.
MY DATA TICKET reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that MY DATA TICKET shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
11. SERVICE MODIFICATIONS/SUSPENSIONS.
MY DATA TICKET reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that MY DRINK TICEKT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
MY DATA TICKET, in its sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due MY DATA TICKET, or if MY DATA TICKET believes that you have violated or acted inconsistently with the letter or spirit of this Contract. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that MY DATA TICKET may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that MY DATA TICKET shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this Contract that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because MY DATA TICKET has no control over such websites and resources, you acknowledge and agree that MY DATA TICKET is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that MY DATA TICKET shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
14. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MY DATA TICKET HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. MY DATA TICKET MAKES NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. MY DATA TICKET IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, BUYER OR OTHER NON-ORGANIZER, ORGANIZER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND MY DATA TICKET WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT MY DATA TICKET HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING BUYERS', OTHER NON-ORGANIZERS' AND ORGANIZERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING BUYERS, OTHER NON-ORGANIZERS AND ORGANIZERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Buyers, other non-Organizers, Organizers and/or third parties in connection with the Site or any Services to MY DATA TICKET. MY DATA TICKET, in its sole discretion, may investigate the claim and take necessary action.
15. LIMITATION OF LIABILITY.
MY DATA TICKET SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS CONTRACT, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MY DATA TICKET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$100.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND MY DATA TICKET'S REASONABLE CONTROL. MY DATA TICKET SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, MY DATA TICKET IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND MY DATA TICKET HAS NO RESPONSIBILITY FOR, AND HEREBY DISCLAIMS ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE MY DATA TICKET, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER ORGANIZERS, BUYERS, AND OTHER NON-ORGANIZERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
IN CONNECTION WITH THE FOREGOING RELEASE, YOU HEREBY WAIVE FLORIDA LAW OR STATUTE, WHICH SAYS, IN SUBSTANCE:
"A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."<
Notices to you may be made via either email or regular mail to the address in MY DATA TICKET's records. The Services may also provide notices of changes to this Contract or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at MY DATA TICKET, LLC., 401 E. Las Olas Blvd., Suite 130-542, Fort. Lauderdale, FL 33301
19. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of MY DATA TICKET (the "MY DATA TICKET Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of MY DATA TICKET. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with MY DATA TICKET Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of MY DATA TICKET specific for each such use. The Trademarks may not be used to disparage MY DATA TICKET, any third party or MY DATA TICKET's or third party's products or services, or in any manner (in MY DATA TICKET's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless MY DATA TICKET approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any MY DATA TICKET Trademark shall inure to MY DATA TICKET's benefit.
20.1 Choice of Law.
This Contract and the provision of the Services to you are governed by the laws of the state of Florida, U.S.A., as such laws are applied to agreements entered into and to be performed entirely within Florida by Florida residents.
The failure or delay of MY DATA TICKET to exercise or enforce any right or provision of this Contract shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this Contract is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Contract shall remain in full force and effect.
20.2 Time to File Claim.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Contract must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this Contract are for convenience only and have no legal or contractual effect.
Should any portion of this Contract be found to be invalid or unenforceable, it shall not effect the remainder of this Contract.
In consideration of the terms and obligations of this Contract, the parties hereto have executed this Contract as of the date set forth below. This Contract may be executed in multiple counterparts and each of such counterparts, when taken together, shall constitute one and the same instrument.