Last Updated: 7 March, 2018
PLEASE READ CAREFULLY THIS AGREEMENT. IT CONTAINS THE TERMS AND CONDITIONS UNDER WHICH YOU, AS A HOST OF AN EVENT (AS DEFINED BELOW) MAY SIGN UP FOR THE SWARMTIX SERVICE WHICH FACILITATES CUSTOM EVENT CREATION (the “SWARMTIX SERVICE”). IN ORDER TO USE THE SWARMTIX SERVICE YOU MUST AGREE TO THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU WILL NOT BE ELIGIBLE TO REGISTER YOUR EVENT USING OUR PLATFORM.
1. Definitions - “Host” means a person who has created an event through our SwarmTix platform.
- “Event” means an event advertised through the Site which you have submitted pursuant to those terms outlined in Section 3 below.
- “Site” means the website located at https://swarmtix.com through which the SwarmTix Service is provided and operated.
2. How It Works The SwarmTix Service operates by having you first register for an account on the Site. After you’ve registered you can Create an Event on it. If you Create an Event, Attendees will be able to purchase tickets for your Event, using the payment options described in Section 4. If the Event is cancelled, Attendees whose credit cards were charged will receive a refund pursuant to Section 5. Attendees, please note that when you reserve the ticket that you want to purchase, you have a timer of 8 minutes to do so. If there’s another attendee who makes the same reservation as you and finishes the payment process quicker than you, you will lose the reservation along with the ticket in question.
3. Registration In order to use the SwarmTix Service you must first register with SwarmTix. And if you want to create an event you should complete the following three (3) steps:
SwarmTix reserves the right to remove any event for any reason whatsoever, including, and without limitation, any event that promotes pornographic or illegal activity. Swarmtix also reserves the right to disqualify any event that, in SwarmTix’s sole discretion, does not comply with these Terms and Conditions or otherwise.
4. Payment Methods and Rules Attendees can purchase tickets online for Events on our Site using credit cards. SwarmTix is not saving credit cards data, the data is directly provided to the selected payment gateway.
5. Pricing and Availability SwarmTix does not control the inventory or the ticket availability for any event. The prices for each ticket and event are set solely by the Host.
6. Content Posted on The Site The person who submits the Content on our site is the sole responsible for that Content. SwarmTix does not control and is not responsible for the Content submitted by the users. By using the Site, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Additionally, the Site may contain links to third-party websites, which are completely independent of SwarmTix. We do not represent or warrant the accuracy, authenticity or completeness of the information that you can find in any linked third-party Site. Likewise, SwarmTix doesn’t represent or warrant the accuracy, authenticity or completeness of the information that you can find in any such Content posted on, transmitted through, and available through the Site. Users of the Site bear all risks associated with, the use and/or reliance upon any Content, and/or the representations made therein, and under no circumstances will SwarmTix be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Site. By accepting our Terms and Conditions you acknowledge that SwarmTix does not pre-screen or approve Content prior to posting. SwarmTix makes no representations and/or warranties to any of the claims made in any posting on reviews and comments, personal profile, listings, postings, descriptions, messages, group discussions, guides, and message boards or otherwise of any Content, by any user. And further, as to Content: (i) You are solely responsible for the Content that you publish or display; (ii) You understand and agree that SwarmTix may review and delete any Content that in the sole judgment of SwarmTix violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others; and (iii) by posting Content to any public area of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to SwarmTix an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. If someone violates this Agreement, SwarmTix reserves the right to investigate and take appropriate legal action in its sole discretion against them, including without limitation, removing the offending communication from the Site and terminating the membership of such violators. The following is a partial list of the kind of Content that is illegal or prohibited on the Site: Content that (a) contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page); (b) promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (c) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (d) promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) harasses or advocates harassment of another person; (f) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; (g) displays pornographic or sexually explicit material of any kind; (h) involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming"; (i) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (j) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure; (k) is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or (l) solicits passwords or personal identifying information for commercial or unlawful purposes from other users. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.
7. Satisfaction Policies We provide the ticketing software used to process ticket sales and admissions for the events on this website. We are not responsible for the production, experience or cancellation of events on our system. If you are unsatisfied with your experience with an event listed on the SwarmTix system, you must speak to a valid representative of the event or venue.
8. Ticket Purchasing Limits In order to discourage unfair ticket purchase practices, clients may set maximum limits for the number of tickets purchased per person. SwarmTix is not responsible for these limits, nor are we able to circumvent them in any way. Any attempted or actual circumvention of these limits by a customer will result in the termination of any further use of any SwarmTix services and the nullification of any tickets purchased.
9. Cancelled and Postponed Events IF THERE IS A PROBLEM WITH AN EVENT YOU ALONE, AS A HOST, ARE RESPONSIBLE TO NOTIFY THE ATTENDEES, AND NOT SWARMTIX. AS AN INTERMEDIARY, SWARMTIX WILL ADHERE TO YOUR EXCHANGE AND REFUND POLICY. IF YOU CHOOSE TO PURCHASE TICKETS USING A THIRD-PARTY PAYMENT PROCESSOR, THE THIRD-PARTY PAYMENT PROCESSOR’S REFUND POLICY WILL APPLY, AND IT IS YOUR RESPONSIBILITY TO READ ANY SUCH POLICY. IF YOU INSTRUCT SWARMTIX TO REFUND TICKETS SOLD THROUGH OUR PLATFORM, WE WILL PROVIDE SUCH REFUNDS AS SOON AS POSSIBLE. ALL REFUNDS WILL BE PROCESSED AND WILL ONLY BE PROVIDED TO THE PERSON WHO MADE PAYMENT. REFUNDS BY SWARMTIX WILL ONLY BE PROVIDED IN THE SPECIFIC CIRCUMSTANCES REFERRED TO ABOVE, OTHERWISE, ALL TICKET SALES ARE FINAL. PLEASE NOTE THAT THE APPLICATION FEE IS NON-REFUNDABLE FOR CANCELED ORDERES.
10. DISCLAIMER OF WARRANTIES TO THE GREATEST EXTENT PERMITTED BY LAW, THE SWARMTIX SERVICE IS PROVIDED ON AN “AS IS” BASIS AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. SWARMTIX IS NOT RESPONSIBLE FOR ANY FRAUDULENT ACTIVITIES. SWARMTIX’S SERVICES ARE LIMITED TO PROVIDING E-TICKETS & RECEIPTS AND FORWARDING PAYMENT TO THE PROMOTER. ANY OTHER SERVICE OR PRODUCT DOES NOT INVOLVE SWARMTIX AND OUGHT TO BE DEALT WITH DIRECTLY BETWEEN THE HOST AND THE ATTENDEE. SWARMTIX ACTS AS A CONDUIT FOR TRANSMISSION OF APPLICABLE REFUNDS TO ELIGIBLE SUPPORTERS FOR AN EVENT.
11. LIMITATION OF LIABILITY TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWARMTIX BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING AND WITHOUT LIMITATION, LEGAL EXPENSES, LOSS OF BUSINESS, LOSS OF PROFITS, LOSS OF REVENUE, LOST OR DAMAGED DATA, COST OF SUBSTITUTE GOODS OR SERVICES, LOSSES ARISING OUT OF THE SITE OR SERVICE BEING INACCESSIBLE, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSSES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF SWARMTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR SUCH LOSSES OR DAMAGES ARE FORESEEABLE. SWARMTIX IS NOT RESPONSIBLE FOR ANYTHING THAT MAY OCCUR OR HAPPEN AT AN EVENT.
12. General Provisions
a. Changes to this Agreement. SwarmTix reserves the right to change this Agreement at any time. Minor changes will become effective immediately as will any changes required by law but any other material changes to this Agreement will become effective ten (10) days after the latest version of the Agreement is posted on the Site or after you’ve been notified by email.
b. Severability. If any provision of this Agreement is, or becomes, unenforceable, it will be severed from this Agreement and the remainder of this Agreement will remain in full force and effect.
c. Governing Law and Venue. This Agreement shall be governed by the laws of Delaware, US. No choice of laws rules of any jurisdiction shall apply to this Agreement. You consent and agree that the courts of Delaware, US shall have jurisdiction over any legal action or proceeding brought by you arising out of or relating to this Agreement, and you consent to the jurisdiction of such courts for any such action or proceeding.