This Terms of Use Agreement (this “Agreement”) is a legal agreement between you (“you” or “your”) and Ideabud, LLC, its affiliates, and each of their respective successors and assigns (collectively, “Ticketbud,” “we,” “our” or “us”) governing your access to, and use of, the www.ticketbud.com website and all social media accounts, and other online products and services offered by Ticketbud (collectively, the “Website”) for the purchase and sale of tickets (the “Service”) and any documents or other materials associated therewith (the “Materials”).
By accessing or using the Website either as an organizer of an event (each an “Event Organizer”) or as the purchaser of a ticket (each a “Buyer”), you agree to be bound by this Agreement, our Privacy Policy and all laws, rules and regulations applicable to your use of the Website.
PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATE, UNDER WHICH: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST TICKETBUD ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN
INDIVIDUAL BASIS.
By registering your event on the Website, you agree that you are solely responsible for any and all acts and omissions that occur while you use the Website, and you agree not to engage in unacceptable use of the Website. Ticketbud reserves the right to permanently remove your content, your event listing and or your account from Ticketbud, for any reason and to take any legal action that is otherwise necessary to enforce this Agreement. This includes unacceptable use of the Service, violations of this Agreement, or violation of the terms of services of our
payment processors.
Ticketbud has sole discretion over what is deemed acceptable or unacceptable use. Your content must be genuine, honest and not fraudulent.
You may not use the Website to post content (including photos, logos, videos and copy) or engage in any conduct that is fraudulent, offensive, illegal, harmful, or inappropriate for general audiences and further agree that you will not:
Ticketbud monitors the content on the Website and makes every effort to ensure it complies with the requirements set forth in this Agreement. However, due to the nature of the platform there may be circumstances in which content that does not meet our standards circumvents our monitoring efforts. If you find offensive or inappropriate content on the Website, please report it to us immediately using the contact information included below.
Ticketbud provides an event registration and ticketing platform for event organizers to offer tickets to their own events. The Website may not be used to resell tickets or sell tickets to any event of which you are not the owner or organizer. You may not use the Website to sell material goods or merchandise unless it is related to an event being hosted on the Website.
We will not routinely attempt to match your personally identifiable information to your usage of the Website or to other information in our possession. However, in instances where we, in our sole discretion, suspect or determine that the Website is being used for any unacceptable, inappropriate or illegal purposes, personally identifiable information relating to your use of the Website may be disclosed to other parties as we deem appropriate. Such information may also be disclosed pursuant to any authorized law enforcement investigation, regardless of whether it was initiated by us or by another party.
If you use email through the Website to communicate, you represent and agree that:
If you violate any of these rules regarding use of email, or if your use email results in bounce rates, complaint rates or unsubscribe requests in excess of industry standards or if your emails cause disruption to the Service, Ticketbud may (without limitation of any other legal or contractual remedies it has) limit or suspend your access to email provided through the Website.
All right, title and interest in the Website and the Service, including technology and trade secrets embodied therein and any content or developments created or provided in connection with or related to the Website and the Service, including all copyrights, patents, trade secrets, trade dress and other proprietary rights, and any derivative works thereof, shall belong solely and exclusively to Ticketbud or its licensors, and you shall have no rights whatsoever in any of the foregoing. You acknowledge that the Service constitutes a valuable trade secret and/or is the confidential information of Ticketbud or its licensors. Nothing in this Agreement or otherwise will be deemed to grant to you an ownership interest in the Website or the Service, in whole or in part. All content and Materials included as part of the Service, such as text, graphics, logos, button icons, images, audio clips, information, data, forms, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, and software (the “Works”) are the property of Ticketbud or its content suppliers and is protected by copyrights, trademarks, trade secrets, or other proprietary rights and these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Works are copyrighted as individual works and as a collective work under the U.S. copyright laws (17 U.S.C. Section 101, et. seq.) and international treaty provisions, and Ticketbud owns a copyright in the selection, coordination, arrangement and enhancement thereof. You may not modify, remove, delete, augment, add to, publish, transmit, adapt, translate, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Works, in whole or in part. Any use other than as contemplated herein, including the reproduction, modification, distribution, transmission, adaptations, translation, republication, display, or performance, of the Works, except as specifically permitted herein, is strictly prohibited. You understand and acknowledge that unauthorized disclosure, use or copying of the proprietary products and services provided pursuant to this Agreement may cause Ticketbud and its licensors irreparable injury, which may not be remedied at law, and you agree that Ticketbud and its licensors’ remedies for breach of this Agreement may be in equity by way of injunctive or other equitable relief.
The TICKETBUD name and logo and all other related names, design marks, product names, feature names and related logos are trademarks of Ticketbud and may not be used, copied or imitated, in whole or in part, without the express prior written permission of Ticketbud. In addition, the look and feel of the Service (including all page headers, custom graphics, button icons, and scripts) constitutes the service mark, trademark and/or trade dress of Ticketbud and may not be copied imitated or used, in whole or in part, without the express prior written permission of Ticketbud.
Ticketbud does not control the content our users choose to publish through the Service (thev“User Content”). However, Ticketbud takes all steps to comply with applicable laws andvexpects users of the Service to do the same. You are responsible for complying with all laws applicable to User Content.
You acknowledge that we do not review any User Content in advance of publication through the Service. However, we reserve the right, in our sole discretion, to alter or remove any User Content and terminate your right to use the Service. The Website is designed to be search engine optimized for the benefit of Event Organizers. However, User Content designed solely to link to other websites and/or advertise products through the Service will be deleted and we will terminate your right to use the Service. We may copy User Content and disclose User Content for any reason, including, without limitation, if required to do so by law.
Ticketbud may periodically make improvements, add, change, and/or update the information and documents on the Website without notice. Ticketbud assumes no liability or responsibility whatsoever for any errors or omissions, including technical inaccuracies and typographical errors, in the content of the Website. Information we publish on the Website may contain references or cross references to certain Ticketbud products, programs, or services that are unannounced or only available in the U.S. Such references do not imply that Ticketbud intends to announce or make available such products, programs, or services in any other jurisdiction.
The Website (excluding linked sites) is controlled by Ticketbud from its corporate offices in Austin, Texas, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these jurisdictions have laws that may differ from the laws of the State of Texas, by accessing the Website both you and Ticketbud agree that the statutes and laws of Travis County, Texas, without regard to the conflicts of laws
principles thereof, will apply to all matters relating to use of the Website.
Ticketbud and you agree to arbitrate all disputes and claims between us except for (i) claims seeking injunctive relief in connection with the intellectual property of Ticketbud, and (ii). claims for amounts less than $10,000. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
You agree that, by entering into this Agreement, you and Ticketbud are each waiving the right. to a trial by jury or to participate in a class action. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other a written Notice of Dispute (“Notice”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Ticketbud and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Ticketbud may commence an arbitration proceeding. During the arbitration, the amount of any
settlement offer made by Ticketbud or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Ticketbud is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator is bound by the terms of this Agreement. All issues are for the
arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless Ticketbud and you agree otherwise, any arbitration hearings will take place in Austin, Texas. The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The payment of arbitration fees will be governed by the AAA rules.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party. seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND TICKETBUD AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Ticketbud agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
If your claim is for $10,000 or less, you agree that any such disputes will be resolved through the courts located in Travis County, Texas.
Users of the Website may be required to agree to written or electronic agreements, including privacy policies, non-disclosure agreements, license agreements, terms of use, and other terms and conditions, as a condition of visiting the Website or receiving Service or Materials. In the event of any conflict with such other terms and conditions and this Agreement, such other terms and conditions shall prevail; provided, however, in no event will any third-party terms and conditions modify the rights and obligations of Ticketbud. Certain portions of the Service permit event organizers (“Event Organizers”) to enter into ticketing, sponsorship and other transactions with third parties (“Transactions”). All Transactions conducted in connection with the Service are subject to and governed by this Agreement as well as any descriptions of services, fees, or other terms and conditions presented on the Website (the “Additional Terms and Conditions”). Notwithstanding anything to the contrary, Ticketbud assumes no responsibility with respect to the interactions or agreements between Event Organizers and any third parties using the Service. When you use the Service in any manner you are agreeing to abide by and be subject to the applicable rules set forth in this Agreement along with the Additional Terms and Conditions. The Additional Terms and Conditions are subject to change without prior notice at any time, so you should review the Additional Terms and Conditions each time you use the Service. Event Organizers are solely responsible for all interactions and agreements with third parties using the Service, for arranging for payment, refund and the exchange of the goods or services purchased, if applicable, and for the results and performance of any Transaction or relationship entered into through the Service. You acknowledge that Ticketbud is not responsible or liable for any action or inaction of any party to a Transaction, for any failure to perform, to pay or refund any amounts due, or to deliver any merchandise or services as promised, or for any other aspect of the Transaction. We reserve the right to close accounts and stop ticket transacting for any events associated with abusive practices, including but not limited to “spam” or unauthorized email, attempting to circumvent copyright laws, and/or attempting to use the Website to redirect users to other abusive or illegal activities.
Certain portions of a Transaction may be processed by third party service providers (e.g., PayPal) (“Third Party Service Providers”). Such processing services are subject to the terms and conditions and fee descriptions made available by the Third Party Service Providers. You must accept the terms of the Third Party Service Provider and their fees prior to completing a Transaction. Ticketbud assumes no responsibility for services offered by Third Party Service Providers.
Each ticket purchased by Buyer is a license to attend a specific event granted by the Event Organizer. ALL SALES ARE FINAL; NO REFUNDS OR EXCHANGES. Tickets sold through the Website grant a revocable license to the Buyer that may be revoked at any time for any reason without compensation. Resale or attempted resale of any ticket issued hereunder at a price higher than the face value appearing thereon is grounds for seizure and cancellation without compensation. The Buyer assumes all risk or danger incidental to the attraction, whether occurring prior to, during, or subsequent to, the actual attraction. The terms of sale of each ticket issued pursuant to a Transaction initiated on the Website are subject to any and all terms imposed by the applicable Event Organizer. In order to be admitted to an event, each Buyer must present the original ticket in its original, undamaged, unaltered form, to the applicable venue at the appropriate time. Entry may be refused for various reasons, including misconduct, failure to comply with any safety and health policies required by the venue where you will attend any event, intoxication, etc., as determined by the Event Organizer (in its sole discretion). If. you are refused entry for any such reason, you shall not be eligible for any refund or compensation from Ticketbud.
Ticketbud is a Member of Event Protect. Event Protect has developed the industry standard in event cancellation protection for ticketing platforms. Event Protect provides its members with worldwide protection against the ticket revenue loss incurred from a cancellation / postponement / abandonment / curtailment of all types of events.
If you experience an event cancellation that is covered under the Event Protect program, Event Protect will provide a refund platform via which appropriate approved refunds will be made directly to ticket holders. Refunds will be inclusive of booking fees and extras which were purchased as part of an event package.
As an Event Organizer using the Website you can view the Event Protect cancellation coverage terms and conditions by visiting: https://www.eventprotect.co/event-protect-standard.
Transactions sold through the Website will be individually presented for protection within the Event Protect program at time of sale. The grant of coverage protects the financial obligations of our Event Organizers to their Buyers and removes the requirement for Ticketbud to reimburse ticket holders in the case of a cause within the scope of the Event Protect program resulting in event cancellation.
Please note, the Event Protect program does not protect or insure your Buyers directly and such clients or customers have no rights under the program. It is the Event Organizer who receives protection under the program as part of it participation in Event Protect. If you would like to discover more about Event Protect, please visit: https://www.eventprotect.co/event-protect-standard.
Refund Protect Enhanced Refund Protection is an optional extension to Ticketbud’s standard Agreement as stated above and provides a right to a refund in certain defined circumstances outlined below.
By selecting the enhanced set of terms and conditions which may be offered to you by Ticketbud within your booking, you will have the ability to apply for a 100% refund of your transaction should you not be able to attend your booking due to unforeseen and/or emergency circumstances. Refund Protect Enhanced does offer limited coverage for Covid-19 related circumstances.
Refund Protect is not insurance, your refund application and payment will be handled in Ticketbud’s name by Refund Protect who act as the administrator of the Refund Protection extension provided by Ticketbud.
For full Terms and Conditions of these enhanced terms of sale, please visit: refundable.me/extended/en/
Event Organizers using the Service agree to grant Ticketbud the right to make refunds on their event upon the occurrence of any of the following circumstances:
You agree to pay all fees in accordance with the fee descriptions published by Ticketbud on the Website and any other fees applicable to a Transaction. Fees are subject to change without prior notice at any time, so you should review the fees each time you use the Website.
Notwithstanding anything to the contrary herein, in the event of any refunds of Transactions by an Event Organizer (or the cancellation of any events associated with such Transactions) and/or any Force Majeure event, you agree that Ticketbud shall be entitled to retain any fees charged by Ticketbud in connection with its processing and facilitation of any such Transactions.
ALL TICKETBUD SERVICES, INCLUDING THE INFORMATION, CONTENT, THE SERVICE AND MATERIALS MADE AVAILABLE BY THIRD PARTY SERVICE PROVIDERS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TICKETBUD DISCLAIMS ALL WARRANTIES IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
IN NO EVENT SHALL TICKETBUD BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL DAMAGES OR SIMILAR DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUE, OR LOSS OF DATA OR ITS USE, ARISING OUT OF OR RELATING TO THE TICKETBUD WEBSITE OR OTHERWISE, WHETHER IN CONTRACT OR TORT, INCLUDING NEGLIGENCE, STATUTORY OR OTHERWISE.
IN THE EVENT TICKETBUD IS LIABLE FOR ANY DAMAGES ARISING IN CONNECTION WITH THE WEBSITE OR OTHERWISE, SUCH LIABILITY SHALL BE LIMITED TO DIRECT DAMAGES NOT TO EXCEED THE FEES ACTUALLY RECEIVED BY TICKETBUD FOR THE AFFECTED TRANSACTIONS.
TICKETBUD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO ANY TRANSACTION OR YOUR USE OF THE WEBSITE OR THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE AWARE AND UNDERSTAND THAT ATTENDING ANY EVENT FOR WHICH TICKETS MAY BE PURCHASED ON OR THROUGH THE WEBSITE (THE “ACTIVITY”) IS A POTENTIALLY DANGEROUS ACTIVITY AND INVOLVES THE RISK OF SERIOUS INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU FURTHER ACKNOWLEDGE THAT YOU ARE AWARE OF THE HIGHLY CONTAGIOUS NATURE OF BACTERIAL AND VIRAL DISEASES, INCLUDING THE 2019 NOVEL CORONAVIRUS DISEASE (COVID-19) (THE “DISEASE”), AND THE RISK THAT YOU MAY BE EXPOSED TO OR CONTRACT THE DISEASE BY ENGAGING IN THE ACTIVITY, WHICH MAY RESULT IN SERIOUS ILLNESS, PERSONAL INJURY, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE. YOU ACKNOWLEDGE THAT YOU UNDERSTAND THAT TICKETBUD CANNOT GUARANTEE THAT YOU WILL NOT BE INJURED OR BECOME INFECTED WITH THE DISEASE OR OTHER INFECTIOUS DISEASES DUE TO YOUR PARTICIPATION IN THE ACTIVITY AND THAT ENGAGING IN THE ACTIVITY MAY INCREASE YOUR RISK OF CONTRACTING THE DISEASE. NOTWITHSTANDING THESE RISKS, YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY PARTICIPATING IN THE ACTIVITY. WITH KNOWLEDGE OF THE DANGERS INVOLVED. YOU AGREE TO ACCEPT AND ASSUME ALL RISKS OF INJURY, ILLNESS, DISABILITY, DEATH, AND/OR PROPERTY DAMAGE ARISING FROM THE ACTIVITY, WHETHER CAUSED BY THE ORDINARY NEGLIGENCE OF TICKETBUD OR OTHERWISE. MOREOVER, YOU EXPRESSLY WAIVE. AND RELEASE ANY AND ALL CLAIMS, NOW KNOWN OR HEREAFTER KNOWN, AGAINST TICKETBUD, AND ITS OFFICERS, MANAGER(S), EMPLOYEES, AGENTS, AFFILIATES, MEMBERS, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “RELEASEES”), ON ACCOUNT OF INJURY, ILLNESS, DISABILITY, DEATH, OR PROPERTY DAMAGE ARISING OUT OF OR ATTRIBUTABLE TO YOUR PARTICIPATION IN THE ACTIVITY, WHETHER ARISING OUT OF THE ORDINARY NEGLIGENCE OF THE TICKETBUD OR ANY OTHER RELEASEES OR OTHERWISE.
YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST TICKETBUD OR ANY OTHER RELEASEE, AND FOREVER RELEASE AND DISCHARGE TICKETBUD AND ALL OTHER RELEASEES THEREFROM. IN THE EVENT TICKETBUD IS REQUIRED TO SEEK LEGAL REMEDIES TO RECOVER FEES AND/OR RESOLVE DISPUTES WITH YOU, YOU ACKNOWLEDGE AND AGREE THAT TICKETBUD IS ENTITLED TO RECOVER FROM YOU ALL OF THE COSTS IT INCURS IN CONNECTION WITH ANY SUCH ACTION, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND OTHER RELATED COSTS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS TICKETBUD AND ITS MEMBERS, OFFICERS, DIRECTORS, REPRESENTATIVES, EMPLOYEES, AGENTS, SUBSIDIARIES AND AFFILIATES (EACH, AN “INDEMNIFIED PARTY”) FROM AND AGAINST ANY LOSSES, COSTS, PAYMENTS, DAMAGES, LIABILITIES AND EXPENSES (INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES) INCURRED OR SUFFERED BY AN INDEMNIFIED PARTY ARISING OUT OF OR RELATED TO (i)YOUR BREACH OF THE WEBSITE, (ii) YOUR USE OF THE WEBSITE OR THE SERVICE, (iii) YOUR PARTICIPATION IN THE ACTIVITY, OR (iv) ANY TRANSACTION CONSUMMATED THROUGH THE WEBSITE.
Under the Digital Millennium Copyright Act of 1998 (the “DMCA”), if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent’s) physical or electronic signature; (b) identification of the copyrighted work on our Site that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Site; (d) your name, address, telephone number, and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at www.copyright.gov.
Notices and counter-notices should be sent to the contact information at the end of this Agreement. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice.
We shall not be deemed in default or otherwise liable under this Agreement due to our inability to perform our obligations by reason of any act of God, fire, earthquake, substantial snowstorm, flood, epidemic, pandemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, embargo, war, any law ordinance or regulation, legal order (unless caused by our default hereunder), any failure or delay of any transportation, power, or communications system or any other similar cause not under our control.
We reserve the right, in our sole discretion, to change this Agreement at any time. If we change any term or condition, the new version of this Agreement shall be posted here and shall automatically replace the terms and conditions of the prior agreement and become binding on all users of the Website. Your continued use of the Website following our posting of revised agreement constitutes your acceptance of the revised agreement.
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to support@ticketbud.com or call Ticketbud at 1844-376-6061
This Agreement was last updated on October 29, 2021