THE PLATFORM
MyTicket.Fun platform is owned by Smart Safety Solutions LLC, Lewes 19958-9776, Delaware - USA, e-mail: contact@MyTicket.Fun.
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Terms of Service
Last Updated: November 1, 2021
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the MyTicket.Fun Platform, you agree to comply with and be bound by these Terms.
These Terms constitute a legally binding agreement ("Agreement") between you and MyTicket.Fun (as defined below) governing your access to and use of the MyTicket.Fun website, including any subdomains thereof, and any other websites through which MyTicket.Fun makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "MyTicket.Fun Services"). The Site, Application and MyTicket.Fun Services together are hereinafter collectively referred to as the “MyTicket.Fun Platform”. Our Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the MyTicket.Fun Platform are incorporated by reference into this Agreement.
Our collection and use of personal information in connection with your access to and use of the MyTicket.Fun Platform is described in our Privacy Policy.
Any and all payment processing services through or in connection with your use of the MyTicket.Fun Platform ("Payment Services") are provided to you by one or more MyTicket.Fun Payments entities (individually and collectively, as appropriate, "MyTicket.Fun Payments") as set out in the Payments Terms of Service ("Payments Terms").
Operators alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Sale of Tourist Products, hereinafter referred to as products or activities (as defined below). The Operators are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any sales of products they offer.
1. Scope of MyTicket.Fun services
1.1 The MyTicket.Fun platform is an online marketplace that allows registered users ("Operators") to publish their products on the MyTicket.Fun platform, to communicate and trade directly with Buyers wishing to purchase these products or activities.
1.2 As the provider of the MyTicket.Fun Platform, MyTicket.Fun does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings, Products or Activities, nor is MyTicket.Fun a retailer of touristic products. The Operators alone are responsible for their Listings and Products. When Buyers make an order, they are entering into a contract directly with each other. MyTicket.Fun is not and does not become a party to or other participant in any contractual relationship between Operators and Buyers, MyTicket.Fun is just a broker that facilitates a trade between Operators and Buyers. MyTicket.Fun is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.
1.3 While we may help facilitate the resolution of disputes, MyTicket.Fun has no control over and does not guarantee:
(a) the existence, quality, safety, suitability, or legality of any Listings or Products,
(b) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or
(c) the performance or conduct of any Member or third party.
Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by MyTicket.Fun about any Member, including of the Member's identity or background or whether the Member is trustworthy, or safe.
1.4 If you choose to use the MyTicket.Fun Platform as a market place, your relationship with MyTicket.Fun is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of MyTicket.Fun for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of MyTicket.Fun. MyTicket.Fun does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of tourist products.
1.5 To promote the MyTicket.Fun Platform and to increase the exposure of Listings to potential Buyers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. MyTicket.Fun cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The MyTicket.Fun Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement. All the Terms and Conditions of the MyTicket.Fun Platform, even if they have been translated into other languages, will be considered as having legal force only in the English version, this being the official language of the platform.
1.6 The MyTicket.Fun Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. MyTicket.Fun is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by MyTicket.Fun of such Third-Party Services.
1.7 Due to the nature of the Internet, MyTicket.Fun cannot guarantee the continuous and uninterrupted availability and accessibility of the MyTicket.Fun Platform. MyTicket.Fun may restrict the availability of the MyTicket.Fun Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Platform. MyTicket.Fun may improve, enhance and modify the MyTicket.Fun Platform and introduce new MyTicket.Fun Services from time to time.
2. Eligibility, Using the MyTicket.Fun Platform, Member Verification
2.1 In order to access and use the MyTicket.Fun Platform or register an Operator MyTicket.Fun Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
2.2 You will comply with any applicable laws in your local jurisdiction. You also represent and warrant that:
(a) neither you nor your products are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government, EU or UN as a "terrorist supporting" country, and
(b) you are not listed on any U.S. Government, EU or UN list of prohibited or restricted parties.
2.3 MyTicket.Fun may make access to and use of the MyTicket.Fun Platform, or certain areas or features of the MyTicket.Fun Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s sales and cancellation history.
2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to:
(a) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members,
(b) screen Members against third party databases or other sources and request reports from service providers, and
(c) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or offender registrations or an equivalent version of background or registered offender checks in your local jurisdiction (if available).
2.5 The access to or use of certain areas and features of the MyTicket.Fun Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the MyTicket.Fun Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the MyTicket.Fun Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
3. Modification of these Terms
MyTicket.Fun reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the MyTicket.Fun Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the MyTicket.Fun Platform will constitute acceptance of the revised Terms.
4. Account Registration
4.1 Operators must register an account ("MyTicket.Fun Account") to access and use certain features of the MyTicket.Fun Platform, such as publishing or sales a List or a product. If you are registering an MyTicket.Fun Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.
4.2 You can register an MyTicket.Fun account using an e-mail address and create a password, while providing a valid mobile phone number, for further communications, both between MyTicket.Fun and members, and between Buyers and Operators members, to complete transactions.
4.3 You must provide accurate, current and complete information during the registration process and keep your MyTicket.Fun Account and profile page information up-to-date at all times.
4.4 You may not register more than one (1) MyTicket.Fun Account unless MyTicket.Fun authorizes you to do so. You may not assign or otherwise transfer your MyTicket.Fun Account to another party.
4.5 You are responsible for maintaining the confidentiality and security of your MyTicket.Fun Account credentials and may not disclose your credentials to any third party. You must immediately notify MyTicket.Fun if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your MyTicket.Fun Account. You are liable for any and all activities conducted through your MyTicket.Fun Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).
4.6 MyTicket.Fun may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your MyTicket.Fun Account. For example, we may enable Members to link their MyTicket.Fun Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to stock Listings on behalf of other Members, or we may enable Operators to add other Members as Co-Operators (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by MyTicket.Fun to ask for your credentials, and you shall not request the credentials of another Member.
5. Content
5.1 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the MyTicket.Fun Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by MyTicket.Fun or its licensors, except for the licenses and rights expressly granted in these Terms.
5.2 Subject to your compliance with these Terms, MyTicket.Fun grants you a limited, non-exclusive, non-sub licensable, revocable, non-transferable license to download and use the logos of the Platform, in order to be able to print them and display them in your website or social media, in places of sale, on the means of transport, or at the Operator's headquarters, for your personal and commercial use.
5.3 MyTicket.Fun respects copyright law and expects its Members to do the same. If you believe that any content on the MyTicket.Fun Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.
6. Service Fees
6.1 MyTicket.Fun may charge fees to Sellers in consideration for the use of the MyTicket.Fun Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fee page.
6.2 MyTicket.Fun reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any sale made prior to the effective date of the fee change.
6.3 You are responsible for paying any Service Fees that you owe to MyTicket.Fun. The applicable Service Fees (including any applicable Taxes) are collected by MyTicket.Fun Payments. MyTicket.Fun Payments will deduct any Operator Fees from the Listing Fee before remitting the payout to the Operator. Except as otherwise provided on the MyTicket.Fun Platform, Service Fees are non-refundable.
7. Terms specific for Operators
7.1 Terms applicable to all Listings
7.1.1 When creating a Listing through the MyTicket.Fun Platform you must:
(a) provide complete and accurate information about your sale products, and
(b) provide any other pertinent information requested by MyTicket.Fun. You are responsible for keeping your Listing information (including quality and price) up-to-date at all times.
7.1.2 You are solely responsible for setting the net price for the listed products (the tax rate, if any, will be calculated automatically by the platform, depending on the percentage of taxes you declare and the gross price will be displayed).
7.1.3 Any terms and conditions of your commercial policy must not conflict with these Terms or the cancellation policy or civil or commercial laws of your country.
7.1.4 The placement and ranking of Listings in search results on the MyTicket.Fun Platform may vary and depend on a variety of factors, such as Buyers search parameters and preferences: place, price, cancellation history, reviews and ratings, distance from the customer.
7.1.5 List on MyTicket.Fun only the products you want to trade on this platform. Failure to comply with buyers' orders may result in the blocking of your account and penalties for unpaid fees to the platform. If you sell the same products or services outside the platform, the products listed by you on the MyTicket.Fun platform must be available at all times and delivered when it are ordered.
7.1.6 Upon receipt of an order from MyTicket.Fun, a legally binding agreement is formed between you and buyer, subject to any additional terms and conditions of the sales that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. MyTicket.Fun Payments will calculate the total value for each order plus the Operator's fees (if sales tax, or VAT, or GST is applicable) at the time of the purchase request pursuant to the Payments Terms.
8. Order Changes, Cancellations and Refunds, Resolution Center
8.1 Operators and Buyers may not make any changes to an order placed through the MyTicket.Fun platform and agree to pay any additional listing fees, sales fees or buyer fees and/or taxes associated with such changes to the order.
8.2 Please note that you have can cancel an order for a fun product up to 48 hours before the scheduled time. If you do not cancel the order within this period, the legal right to cancel an order for this products ceases. Please make sure you want the products you order.
8.3 If a Buyer cancels a confirmed sale in a timely manner, the Operator will receive a full refund of the Total Fees for such sale. In some cases, MyTicket.Fun may allow the Buyer to reimburse a new order, in which case MyTicket.Fun Payments will credit the amount for the Buyer's subsequent sales, at its instructions.
8.4 In certain circumstances, MyTicket.Fun may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed order and initiate corresponding refunds and payouts. This may be for:
(a) where MyTicket.Fun believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to MyTicket.Fun, other Members, third parties or property, or
(b) for any of the reasons set out in these Terms.
8.5 If a Buyer or MyTicket.Fun cancels a confirmed order, and the Buyer receives a refund in accordance with the Refund Policy, or the applicable cancellation policy set by the Operator and mentioned in the Listing, after the Operator has already been paid, MyTicket.Fun Payments will be entitled to recover the amount of any such refund from the Operator, including by subtracting such refund amount out from any future Payouts due to the Operator.
8.6 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, or Damage Claims related to orders. You agree to pay all amounts sent through the Resolution Center in connection with your MyTicket.Fun Account, and MyTicket.Fun Payments will handle all such payments.
8.7 MyTicket.Fun may directly refund payments made to the Operator within 48 hours from the date of payment. After this period the Buyer will have to either wait for the refund from the Operator of MyTicket.Fun and later from MyTicket.Fun to the Buyer if this is done in good faith, or to request the refund directly from the Operator, which will be made on amicably or administratively (in court).
9. Ratings and Reviews
9.1 Within a certain timeframe after completing a order, Buyers and Operators can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of MyTicket.Fun. Ratings and Reviews are not verified by MyTicket.Fun for accuracy and may be incorrect or misleading.
9.2 Ratings and Reviews by Buyers and Operators must be accurate and may not contain any offensive or defamatory language.
9.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.
9.4 Ratings and Reviews are part of a Operator’s public profile and may also be surfaced elsewhere on the MyTicket.Fun Platform (such as the Listing page) together with other relevant information such as number of orders, number of cancellations and other information.
10. Disputes, Penalties
10.1 Operator Members and Buyers agree to cooperate with and assist MyTicket.Fun in good faith, and to provide MyTicket.Fun with such information and take such actions as may be reasonably requested by MyTicket.Fun, in connection with any Damage Claims or other complaints or claims made. Any part shall, upon MyTicket.Fun reasonable request and at no cost, participate in mediation or a similar resolution process with another Member, which process will be conducted by MyTicket.Fun or a third party selected by MyTicket.Fun, with respect to losses for which a Member is requesting payment from MyTicket.Fun.
10.2 To prevent abuses, disputes must be in good faith and resolved amicably between the Operator and the Buyer.
10.3 For any dispute opened by the Buyer, the Operator has the obligation to remedy it within 48 hours.
If the Operator considers that the dispute is unjustified or in bad faith, he will be able to file an appeal. In this case, an MyTicket.Fun officer will mediate the dispute if possible.
11. Rounding off
MyTicket.Fun generally supports payment amounts that are payable from or to Buyers or Operators to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where MyTicket.Fun’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, MyTicket.Fun may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Buyers or Operators to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, MyTicket.Fun may round up an amount of $21.50 to $22.00, and round down an amount of $41.49 to $41.00.
12. Taxes
12.1 As a Operator you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable Sales tax, or VAT, or GST, or other indirect sales taxes or income taxes ("Taxes").
12.2 Tax regulations may require us to collect appropriate Tax information from Operators, or to withhold Taxes from payouts to Operator, or both. If a Operator fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.
12.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your headquarters is located may require Taxes to be collected from Operators on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Operators.
13. Prohibited Activities
13.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the MyTicket.Fun Platform. In connection with your use of the MyTicket.Fun Platform, you will not and will not assist or enable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
- use the MyTicket.Fun Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies MyTicket.Fun endorsement, partnership or otherwise misleads others as to your affiliation with MyTicket.Fun;
- copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the MyTicket.Fun Platform in any way that is inconsistent with MyTicket.Fun’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
- use the MyTicket.Fun Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Operator, any product that you do not yourself own or you have not permission to sell through the MyTicket.Fun Platform;
- contact another Member for any purpose other than asking a question related to a your own order, Listing, or the Member's use of the MyTicket.Fun Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
- use the MyTicket.Fun Platform to request, make or accept a order independent of the MyTicket.Fun Platform, to circumvent any Service Fees or for any other reason;
- request, accept or make any payment for Listing Fees outside of the MyTicket.Fun Platform or MyTicket.Fun Payments. If you do so, you acknowledge and agree that you:
(a) would be in breach of these Terms;
(b) accept all risks and responsibility for such payment, and
(c) hold MyTicket.Fun harmless from any liability for such payment;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- misuse or abuse any Listings or services associated with the MyTicket.Fun as determined by MyTicket.Fun in its sole discretion.
- dilute, tarnish or otherwise harm the MyTicket.Fun brand in any way, including through unauthorized use of Collective Content, registering and/or using MyTicket.Fun or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to MyTicket.Fun domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the MyTicket.Fun Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by MyTicket.Fun or any of MyTicket.Fun's providers or any other third party to protect the MyTicket.Fun Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the MyTicket.Fun Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the MyTicket.Fun Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
13.2 You acknowledge that MyTicket.Fun has no general obligation to monitor Member Content nor to actively seek facts or circumstances indicating illegal activity, but has the right to review, disable access to, or edit any Member Content, in order to:
(a) operate, secure and improve the security of the MyTicket.Fun Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes);
(b) ensure Members’ compliance with these Terms;
(c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body;
(d) respond to Member Content that it determines is harmful or objectionable; or
(e) as otherwise set forth in these Terms. Members agree to cooperate with and assist MyTicket.Fun in good faith, and to provide MyTicket.Fun with such information and take such actions as may be reasonably requested by MyTicket.Fun with respect to any investigation undertaken by MyTicket.Fun or a representative of MyTicket.Fun regarding the use or abuse of the MyTicket.Fun Platform.
13.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who:
(a) engages in offensive, violent or sexually inappropriate behavior,
(b) you suspect of stealing from you, or
(c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to MyTicket.Fun by contacting us with your police station and report number (if available).
You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
14. Term and Termination, Suspension and other Measures
14.1 This Agreement shall be effective until such time when you or MyTicket.Fun terminate the Agreement in accordance with this provision.
14.2 You may terminate this Agreement at any time by sending us an email. If you cancel your MyTicket.Fun Account as a Operator, any confirmed order(s) will be automatically cancelled and your Buyers will receive a full refund. If you cancel your MyTicket.Fun Account as a Buyer, any confirmed order(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.
14.3 Without limiting our rights specified below, MyTicket.Fun may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.
14.4 MyTicket.Fun may immediately, without notice, terminate this Agreement and/or stop providing access to the MyTicket.Fun Platform if:
(a) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards,
(b) you have violated applicable laws, regulations or third party rights, or
(c) such action is necessary to protect the personal safety or property of MyTicket.Fun, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
14.5 In addition, MyTicket.Fun may take any of the following measures:
(a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if:
(b) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights,
(c) you have provided inaccurate, fraudulent, outdated or incomplete information during the MyTicket.Fun Account registration, Listing process or thereafter,
(d) you and/or your Listings or products fail to meet any applicable quality or eligibility criteria,
(e) you have repeatedly received poor Ratings or Reviews or MyTicket.Fun otherwise becomes aware of or has received complaints about your performance or conduct,
(f) you have repeatedly cancelled confirmed orders or failed to respond to order requests without a valid reason, or
(g) such action is necessary to protect the personal safety or property of MyTicket.Fun, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
- cancel any pending or confirmed order;
- limit your access to or use of the MyTicket.Fun Platform;
- temporarily or permanently revoke any special status associated with your MyTicket.Fun Account;
- temporarily or in case of severe or repeated offenses permanently suspend your MyTicket.Fun Account and stop providing access to the MyTicket.Fun Platform.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by MyTicket.Fun and an opportunity to resolve the issue to MyTicket.Fun's reasonable satisfaction.
14.6 If we take any of the measures described above:
(a) we may refund your Buyers in full for any and all confirmed orders that have been cancelled, irrespective of preexisting cancellation policies, and
(b) you will not be entitled to any compensation for pending or confirmed orders that were cancelled.
14.7 When this Agreement has been terminated, you are not entitled to a restoration of your MyTicket.Fun Account or any of your Member Content. If your access to or use of the MyTicket.Fun Platform has been limited or your MyTicket.Fun Account has been suspended or this Agreement has been terminated by us, you may not register a new MyTicket.Fun Account or access and use the MyTicket.Fun Platform through an MyTicket.Fun Account of another Member.
14.8 If MyTicket.Fun takes any of the measures described in this Section 15 you may appeal such a decision by contacting our customer service.
15. Liability
MyTicket.Fun is not liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. MyTicket.Fun is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents; such liability is limited to the typically occurring foreseeable damages. Essential contractual obligations are such duties of MyTicket.Fun in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract. Any additional liability of MyTicket.Fun is excluded.
16. Indemnification
To the maximum extent permitted by applicable law, you agree to release, defend (at MyTicket.Fun’s option), indemnify, and hold MyTicket.Fun and its affiliates and subsidiaries, including but not limited to, MyTicket.Fun Payments, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
(a) your breach of these Terms or our Policies or Standards,
(b) your improper use of the MyTicket.Fun Platform or any MyTicket.Fun Services,
(c) your interaction with any Member, orders, participation in an Activity, participation in the Group Payment Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use, or
(d) your breach of any laws, regulations or third party rights. The indemnification obligation according to this Section 17 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
17. Dispute Resolution and Arbitration Agreement
17.1 This Dispute Resolution and Arbitration Agreement shall apply if you bring any claim against MyTicket.Fun in the United States (to the extent not in conflict with Section 19).
17.2 Overview of Dispute Resolution Process. MyTicket.Fun is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 17.1 applies:
(1) an informal negotiation directly with MyTicket.Fun’s customer service team, and
(2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 17 and except as provided in Section 17.6). Specifically, the Consumer Arbitration Rules provide:
- Claims can be filed with AAA online (www.adr.org);
- Arbitrators must be neutral and no party may unilaterally select an arbitrator;
- Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
- Parties retain the right to seek relief in small claims court for certain claims, at their option;
- The initial filing fee for the consumer is capped at $200;
- The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
- The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.
17.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and MyTicket.Fun each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact MyTicket.Fun’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.
17.4 Agreement to Arbitrate. You and MyTicket.Fun mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the MyTicket.Fun Platform, the Group Payment Service, or the Collective Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and MyTicket.Fun agree that the arbitrator will decide that issue.
17.5 Exceptions to Arbitration Agreement. You and MyTicket.Fun each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction:
(a) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights;
(b) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
17.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.
17.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, MyTicket.Fun agrees that any required arbitration hearing may be conducted, at your option,
(a) in the county where you reside;
(b) in Delaware County;
(c) in any other location to which you and MyTicket.Fun both agree;
(d) via phone or video conference; or
(e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.
17.8 Modification of AAA Rules - Attorney’s Fees and Costs. You and MyTicket.Fun agree that MyTicket.Fun will be responsible for payment of the balance of any initial filing fee under the AAA Rules in excess of $200 for claims of $75,000 or less. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, MyTicket.Fun agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA Rules, to recover attorneys’ fees and expenses if it prevails in arbitration.
17.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.10 Jury Trial Waiver. You and MyTicket.Fun acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.11 No Class Actions or Representative Proceedings. You and MyTicket.Fun acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and MyTicket.Fun both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section 17.11 is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section 17.11 is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and MyTicket.Fun agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.
17.12 Severability. Except as provided in Section 17, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.
17.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if MyTicket.Fun changes this Section 17 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of MyTicket.Fun’s email to you notifying you of such change. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and MyTicket.Fun (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and MyTicket.Fun.
17.14 Survival. Except as provided in Section 17.12, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the MyTicket.Fun Platform or terminate your MyTicket.Fun Account.
18. Feedback
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the MyTicket.Fun Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the MyTicket.Fun Platform, or by other means of communication. Any Feedback you submit to us may be used by us for any business purpose and will be considered non-confidential and non-proprietary to you.
19. Applicable Law and Jurisdiction
These Terms are governed by and construed in accordance with United States law. If you act as a consumer and the mandatory legal regulations for consumer protection in your country of residence contain provisions that are more favorable to you, those provisions apply regardless of the choice of U.S. law. As a consumer, you can bring any legal proceedings regarding these Terms before the competent court of your place of residence or the Delaware Court of Chancellery, where MyTicket.Fun is based. If MyTicket.Fun wishes to exercise any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you reside. If you act as a business, you agree to submit to the exclusive jurisdiction of the Delaware Court of Chancery.
20. General Provisions
20.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between MyTicket.Fun and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between MyTicket.Fun and you in relation to the access to and use of the MyTicket.Fun Platform.
20.2 No joint venture, partnership, employment, or agent relationship exists between you and MyTicket.Fun as a result of this Agreement or your use of the MyTicket.Fun Platform.
20.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
20.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
20.5 MyTicket.Fun’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
20.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without MyTicket.Fun's prior written consent. MyTicket.Fun may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.
20.7 Unless specified otherwise, any notices or other communications to Members, permitted or required under this Agreement, will be provided electronically and given by MyTicket.Fun via email, MyTicket.Fun Platform notification, or messaging service (including SMS and WhatsApp).
20.8 If you have any questions about these Terms please email us.
21. Citizens of the European Union
21.1 General rules
21.1.1 In order to use the MyTicket.Fun Platform you must understand what data we collect, for what purpose and accept the use of your data.
21.1.2 What personal data do we process:
a.) Your name and surname are necessary for your identification as a Member, and for the invoicing of products.
b.) The email address and the telephone number are necessary for the communication that takes place between the Platform and you on the one hand and between the Customer and the Operator on the other hand, both in the acquisition process and in the delivery process.
c.) In order to be able to sell products on the MyTicket.Fun Platform Operators will have to communicate their identity documents, trader documents and fiscal identification data, in order to avoid any kind of fraud or violation of the laws.
d.) The MyTicket.Fun platform will transmit your data only in relation to a commercial transaction concluded by placing and paying an order. The Operator will receive the invoicing and contact data of the Buyer, and the Buyer will receive the commercial identification and contact data of the Operator.
e.) Your data is stored on the MyTicket.Fun Platform and we make considerable efforts to keep it safe.
f.) For any questions regarding your data, as well as your intention to correct certain data, please contact us.
21.1.3 The description of all the rules regarding the data protection on the MyTicket.Fun Platform can be consulted here.
21.2 Operators/Sellers
21.2.1 If you’re a Operator based in the EU, you need to understand the requirements of GDPR and take steps to ensure you comply. Additionally, you may need to make some changes in how you communicate with buyers and how you process any personal information that you collect.
21.2.2 If you’re a Operator based outside the EU but make your items available to EU buyers, you also need to understand and comply with GDPR. If you don’t sell to buyers based in the EU, then no action is required.
21.2.3 Keep in mind that the penalties for non-compliance with GDPR can be significant — according to EU rules this can be up to € 20 million or 4% of annual global turnover, whichever is greater. Under the new law, EU residents can also initiate class-action lawsuits related to the protection and use of their personal information, so it’s important that you understand and comply with the rules.
21.2.4 You’ll find everything you need to know about GDPR and the steps you need to take in how you collect and process any personal information at the EU’s official GDPR website.
21.3 More about personal data protection on the MyTicket.Fun Platform can be found in the GDPR section.
