The following terms and conditions (this "TOS") govern all use by you as an Organizer (as defined below) of (a) the PepperTix OU websites and domains (OUluding all webpages, subdomains and subparts therein contained, the "Site"). 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 form time to time on the site by PepperTix. If you dont agree to any of such terms, conditions, rules, policies or procedures, do not use or access the services.
PepperTix reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
PepperTix provides a web-based marketing tool for event-organizers, promoters, musicians ("Organizers" or "you") to collect payments with respect to the sale of tickets/registrations from users who want to attend such events ("Buyers") with event registration fees. 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, either PayPal, Braintree or other third party payment service methods (collectively, "Facilitated Payment Modes" or "FPM"). For more information, please see www.peppertix.com. This TOS applies to you and your use of the Services as an Organizer. For the Terms of Service Agreement that applies to you and your use of the Services as a Buyer and/or other non-Organizer user or visitor, please see www.peppertix.com/tos-buyers.
PepperTix hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of creating an event page with respect to, and promoting, managing, tracking, and collecting event registration fees for, an event that you have registered on the Site, in each case in compliance with this TOS, and 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: modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); 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); rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes (except for the limited commercial purpose of collecting event registration fees through the Site as an Organizer in accordance with this TOS); remove or alter any proprietary notices or labels on or in the Services or Site Content; or engage in any activity that interferes with or disrupts the Services.
There is one type of payment processing option Organizers may select when using the Services: "Facilitated Payment Processing" or "FPP", which consists of collecting event registration fees using FPMs. Depending on the payment processing option the Organizer selects when using the Services, monetary payments will be made to the Organizer directly by Buyers (via FPP).
(a) Independent Relationship.
(b) Services Fees.
Organizers will collect all monies directly from Buyers under the FPP option. By registering for and using the FPP option, you agree to pay PepperTix all then-applicable PepperTix Service Fees and Credit Card Processing Fees, which are based on the number of tickets sold by you and/or the value of such tickets, and which charges are described in greater detail at www.peppertix.com/fees, which payments shall be due and payable upon receipt of the invoice setting forth such charges; and accept the responsibility for providing refunds to Buyers at your own discretion. PepperTix will not be responsible or liable for, and Organizer hereby agrees to fully indemnify PepperTix and its affiliates for, refunds, errors in issuing refunds, or lack of refunds in connection with the use of the FPP option. Invoices are sent monthly for Service Fees incurred in the previous month.
Under the FPP option, it is the responsibility of the Organizer to communicate its refund policy to Buyers and to issue refunds to Buyers via the Site or somehow in another way. An Organizer shall ensure that its refund policy is consistent with the terms of this TOS. Refunds issued following the end of the event date will not be processed through the Site, unless otherwise agreed to by PepperTix in its sole discretion. All communications or disputes regarding refunds are between the Organizer and Buyer, and PepperTix will not be responsible or liable for, and Organizer hereby agrees to fully indemnify PepperTix and its affiliates for, refunds, errors in issuing refunds, or lack of refunds. Notwithstanding the foregoing, you acknowledge and agree that PepperTix shall have the right to force a refund of any or all tickets at any time for any reason or no reason, including without limitation if PepperTix receives complaints from a substantial number (as determined by PepperTix in its sole discretion) of Buyers with respect to the applicable event or another event held by Organizer, or PepperTix determines in its sole discretion that Organizer has engaged in any fraudulent activity or made any misrepresentations. Further, if one or more Buyer(s) request a refund, whether due to a cancelled event or for any other reason where PepperTix would reasonably expect to lose a chargeback, PepperTix may, in its sole discretion, issue such refund to such Buyer(s), and Organizer shall then owe the amount of such refund to PepperTix.
(d) Credit Card Chargebacks.
Any credit card chargebacks initiated by a Buyer for any reason with respect to an event shall be charged back to the Organizer of such event. All communications and disputes regarding chargebacks are between the Organizer and Buyer, and PepperTix will not be responsible or liable in any way for, and Organizer hereby agrees to fully indemnify PepperTix and its affiliates for, chargebacks issued in the course of the use of the credit card payment option.
Upon receipt of a credit card authorization from each individual ticket purchase, PepperTix generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by PepperTix through the Services, and it is your responsibility to verify the Buyer's membership status, confirmation number and/or any event restrictions prior to the subject event.
(b) Taxes; Withholding.
You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, "Taxes") apply to your use of the Services and for collecting, remitting and reporting the correct amounts of all such Taxes to the applicable governmental authorities, even if PepperTix provides you with tools that assist you in doing so. PepperTix does not represent or warrant that any tax tools will meet all tax requirements that may be applicable to you. PepperTix cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires PepperTix to pay any Taxes attributable to your use of the Services, you agree to indemnify and reimburse PepperTix for such Taxes and all costs and expenses related thereto.
All Service Fees charged by PepperTix do not include any Taxes except to the extent that a Tax is expressly set forth in the applicable invoice or billing statement, and you agree to pay any Taxes that are imposed and payable on such Service Fees (other than those calculated based on PepperTix'S net income) to PepperTix.
PepperTix reserves the right to withhold the payment of any amounts owed to you hereunder if PepperTix suspects or determines that such amounts have been generated in (A) a fraudulent manner, (B) violation of this TOS, or (C) violation of any applicable laws or regulations (foreign or domestic), or if PepperTix is required to do so by applicable laws or regulations (foreign or domestic). Such withholding may be temporary or permanent (as determined by PepperTix).
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 PepperTix 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. PepperTix 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 PepperTix shall be the sole arbiter of such dispute in its sole discretion and that PepperTix'S decision (which may incclude termination or suspension of any account subject to dispute) shall be final and binding on all parties.
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 PepperTix 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. PepperTix may own the Site Content or portions of the Site Content may be made available to PepperTix through arrangements with third parties. Except as expressly authorized by PepperTix 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 PepperTix. You shall use the Site Content only for purposes that are permitted by this TOS and any applicable laws and regulations (foreign and domestic). Any rights not expressly granted herein are reserved.
You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), you hereby grant to PepperTix 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 does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and complies with all applicable laws and regulations (foreign and domestic). In addition, Your Content must be accurate and truthful. PepperTix reserves the right to remove any of Your Content from the Site at any time if PepperTix believes in its sole discretion that it does not comply with this TOS. In addition, you agree that PepperTix 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 PepperTix 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. 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 by Email: firstname.lastname@example.org
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 Buyers and other users of the Services. You agree not to use the Services to:
upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
harm minors in any way;
impersonate any person or entity, including, but not limited to, an PepperTix representative or forum leader, 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 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 events listed on the Site 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 software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with the Services in a manner not permitted by this TOS or expressly authorized by PepperTix;
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;
stalk or otherwise harass any person or entity.
You acknowledge that PepperTix does not pre-screen any Content provided or made available by you or any third party in connection with the Services, but that PepperTix and its designees shall have the right (but not the obligation) in their sole discretion to monitor, alter, edit, or remove any of your Content, in whole or in part, and/or rescind and terminate your right to use the Services at any time (with or without notice) for any reason or no reason. You acknowledge and agree that PepperTix may preserve your Content and may also disclose your Content for any reason, including without limitation if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this TOS; (c) respond to claims that any of your Content violates the rights of third parties; and/or (d) protect the rights, property, or personal safety of PepperTix, its users and/or the public. 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.
PepperTix may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].peppertix.com). All such sub-domains are the sole property of PepperTix. In the event PepperTix provides you with a sub-domain, your right to use such sub-domain may be terminated by PepperTix at any time (with or without notice) for any reason or no reason.
The following terms and conditions describe the terms and conditions of PepperTix's referral programs. PepperTix reserves the absolute right to determine whether you or any other user of the Services qualifies for any of the referral programs that PepperTix may invent and implement.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. By way of illustration and not limitation, you agree to comply with all applicable laws and regulations (foreign and domestic) regarding the transmission of technical data exported from the European Union or the country in which you reside.
PepperTix may, upon request, and for such fees as PepperTix may establish from time to time in its sole discretion, provide additional services to you beyond the functionality of the Site, including without limitation leasing ticket scanning and other equipment, providing consultants and staffers to assist you on the date of your event, 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 this TOS. Such additional services shall be set forth in a written Addendum Agreement to this TOS, PepperTix Equipment Lease Agreement, and/or other written agreement between you and an authorized officer of PepperTix, and shall set forth the Service Fees and the other terms and conditions relating to such additional services. As a condition to the lease of any equipment, you shall enter into a separate PepperTix Equipment Lease Agreement.
You agree to defend, indemnify and hold PepperTix, 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; your or any of your affiliates, or any of your or your affiliates officers, directors, agents or employees, use of, contribution to or connection with the Services or violation of any rights of another; your event(s); and/or your violation of this TOS. PepperTix shall provide notice to you of any such Claim, provided that the failure or delay by PepperTix in providing such notice shall not limit your obligations hereunder. PepperTix 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 PepperTixs defense of such matter.
PepperTix 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. PepperTix will not be responsible to you for a refund, in whole or part, of Service Fees for any reason, except for Service Fees (excluding the portion of Service Fees paid over to FPMs and other third party service providers used by PepperTix in connection with providing the Services) related to refunds issued to Buyers. You agree that PepperTix shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
PepperTix, 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 PepperTix, or if PepperTix believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that PepperTix 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 PepperTix 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 TOS 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 PepperTix has no control over such websites and resources, you acknowledge and agree that PepperTix 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 PepperTix 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.
The services are provided on an "as is" and "as available" basis. PepperTix 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. PepperTix makes no warranty that: the services will meet your requirements, the services will be uninterrupted, timely, secure, or error-free, the results that may be obtained from the use of the services will be accurate or reliable, the services themselves (or any part thereof) will meet your expectations, or any errors in the services will be corrected. PepperTix 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 PepperTix will have no liability with respect to any warranty disclaimed in through above. you acknowledge that PepperTix 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 and organizers) to perform, or actually complete a transaction. In addition, PepperTix 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 PepperTix has no responsibility for, and hereby disclaims all liability arising from, the acts or omissions of any such third party service provider. 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 PepperTix. PepperTix, in its sole discretion, may investigate the claim and take necessary action.
PepperTix 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 TOS, for: 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 PepperTix has been advised of the possibility of such damages), the cost of procurement of substitute services, amounts in excess of US$100.00 in the aggregate for all claims from a given organizer with respect to the services, or any matters beyond PepperTix's reasonable control. PepperTix shall have no liability with respect to any of your content or any content of any other user of the services. 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 PepperTix, 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 your event.
Notices to you may be made via email to the address in PepperTix's records. The Services may also provide notices of changes to this TOS 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 to email@example.com.
This TOS constitutes the entire agreement between you and PepperTix and governs your use of the Services as an Organizer, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and PepperTix on the subject matter hereof, other than any written Ticketing Services Agreement, PepperTix Equipment Lease Agreement or Addendum Agreement between you and an authorized officer of PepperTix relating to a specified event or events. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content or third party software or the Services in a manner other than as governed by this TOS.
This TOS and the provision of the Services to you are governed by the laws of Estonia, as such laws are applied to agreements entered into and to be performed entirely within Estonia by Estonia residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the commercial arbitration rules of Estonia. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Tallinn, Estonia, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and PepperTix agree to submit to the personal jurisdiction of the courts located within the city Tallinn, Estonia. Either you or PepperTix may seek any interim or preliminary relief from a court of competent jurisdiction in Tallinn, Estonia, necessary to protect the rights or property of you or PepperTix (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
The failure or delay of PepperTix to exercise or enforce any right or provision of this TOS 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 TOS 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 TOS shall remain in full force and effect.
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 TOS must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email to firstname.lastname@example.org