You must follow any policies made available to you within the website. This website is intended for live event producers (“Creators”), including but not limited to venues, promoters, festivals, teams, leagues, conventions, and attractions. You may provide us information through this website about your proposed event or information about you or your business (“Submission”).

Don’t misuse our website. For example, don’t interfere with our website or try to access it using a method other than the interface and the instructions that we provide. You may use our website only as permitted by law. We may suspend or stop providing you access to our website if you do not comply with our terms or policies or if we are investigating suspected misconduct.

Using our website does not give you ownership of any intellectual property rights in our website or the website content you access. You may not use content from our website unless you obtain permission from its owner or are otherwise permitted by law. These Terms do not grant you the right to use any branding or logos used on our website. Don’t remove, obscure, or alter any legal notices displayed on our website.

In connection with your use of the website, we may send messages or contact you. You may opt out of some of those communications.

You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:

• You may use our website only for lawful purposes and in accordance with these Terms. You agree not to use our website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
• To transmit or procure the sending of any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Tixr, a Tixr employee, or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the website or which, as determined by us, may harm Tixr or users of the website or expose them to liability.
• Additionally, you agree not to:
• Use the website in any manner that could disable, overburden, damage, or impair the website or interfere with any other party’s use of the website, including their ability to engage in real-time activities through the website.
• Use any robot, spider, or other automatic device, process, or means to access the website for any purpose, including monitoring or copying any of the material on the website.
• Use any manual process to monitor or copy any of the material on the website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the website, the server on which the website is stored, or any server, computer, or database connected to the website.
• Attack the website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise, attempt to interfere with the proper working of the website.
• If you encounter any website content or a website user that you believe violates the above policies, please report it to us by emailing us at legalnotices@tixr.com.

Your Submission must be accurate and truthful. To the maximum extent permitted by law, Tixr will have no liability related to your Submission arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Tixr also disclaims all liability with respect to the misuse, loss, modification, or unavailability of any of your submissions.

Please be aware if your Submission is selected, you will be required to enter into an exclusive commercial partnership agreement with Tixr and that your Submission, including any trademarks, may appear on the website alongside the website’s content or third-party content, including substantially similar content or in competition with yours. Tixr cannot guarantee exclusive placement as a Creator in any category.

You will be required to obtain all necessary licenses, permits, and authorizations (collectively called "Licensure") for your events. This includes obtaining authorization from state, county, municipal, or other local authorities for the event and any necessary traffic engineering approvals, fire department inspection reports, fire marshal permits, authorization to admit minors, sanitary authorizations, and property operation permits.

You must also adhere to and ensure that the venues where your events take place comply with all relevant laws, regulations, rules, and ordinances. You will also be required to maintain the appropriate licensing and rights to promote, produce, sponsor, host, and sell tickets for your events.

If, at our request, you send certain specific submissions or, without a request from us, you send creative ideas, suggestions, proposals, plans, photographs, testimonials, reviews, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.  We are and shall be under no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit, or delete content comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, obscene, or otherwise objectionable or violate any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of the website or any related website(s). You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments submitted by you or any third party.

Tixr or its parent, subsidiaries, affiliates, or third parties from whom we have permission own the trademarks or service marks that are used on the website. All rights are reserved. These and other graphics, logos, service marks, trademarks, and trade dress of Tixr and its licensors may not be used without prior written consent of Tixr or its licensor, as the case may be. Without limiting the foregoing, our trademarks or trade dresses may not be used in connection with any product or service that is not ours, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits us.

Your use of the website confirms your acknowledgment that the website contains certain content (such as text, graphics, photographs, video, audio, code, and other data or information relating to any subject) (“Content”) that is protected by copyrights, trademarks, trade secrets, or other proprietary rights and that these rights are valid and protected in all forms, media, and technologies existing now or hereinafter developed. All Content is or may be copyrighted as a collective work under U.S. copyright laws, and Tixr owns a copyright in the selection, coordination, arrangement, and enhancement of such Content on the website. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any such Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other property right.

Unless otherwise expressly authorized herein or in services, you must not access or use for any commercial purpose any part of services or materials available through services, including the Content. You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, transfer, or upload for any commercial purposes any portion of services, use of services, or access to services.

It is a condition of your use of this website that all your submissions are correct, current, and complete.  

To the maximum extent permitted by law, Tixr will have no liability related to your Submission arising under the laws of copyright, libel, privacy, obscenity, or otherwise. Tixr also disclaims all liability concerning the misuse, loss, modification, or unavailability of any of your Submissions.

By providing your Submission to Tixr, you agree that:

• We may review but are in no way obligated to review or notify you of our review of your Submission for any reason, including compliance with these Terms or areas where services are available or used.
• You are providing your Submission to Tixr at your own discretion, and Tixr does not in any way certify or provide approval or permission prior to you providing your Submission.
• We may store your Submission and are under no obligation to return your Submission in whole or parts.
• We may display your Submission to any and all of Tixr’s affiliates, subsidiaries, and employees for the purpose of providing services, including on any website, domain, or online platform owned or operated by Tixr or our affiliates or subsidiaries.
• By uploading or providing your Submission, you grant Tixr and its affiliated companies a nonexclusive, worldwide, royalty-free, transferable, sublicensable, perpetual, and irrevocable license to use your Submission to access, utilize, reproduce, transmit, adapt, modify, perform, display, distribute, translate, publish, and create derivative works based on your Submission, either in its entirety or in part, for various purposes, including in furtherance of services, Tixr's internal use (such as employee or shareholder communications), and to promote Tixr or services, or to identify you as a current or past customer of Tixr, both on services and in marketing, advertising, and promotional materials.

You confirm and warrant that you possess all the rights, authority, and power required to grant the aforementioned license and that your Submission does not infringe upon, violate, misappropriate, or otherwise conflict with the rights of any third party and comply with all applicable local, state, provincial, national, and other laws, rules, and regulations.

Please click here to review the Tixr Privacy Policy for more information on how we treat your Submission.

We are constantly changing, updating, and improving our website. We may add or remove functionalities or features, and we may suspend or stop a service altogether.

You can stop using our website at any time. We may also stop providing services to you or add or create new limits to our website at any time.

If our website contains links to other sites and resources provided by third parties, these links are provided for your convenience only and are not intended and should not be construed as any endorsement or approval of, association with, or control over any such organization or site or the contents thereof. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them, and we disclaim all warranty and liability as to the accuracy, completeness, suitability, or utility thereof. If you decide to access any of the third-party websites linked to our website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

OUR WEBSITE IS PROVIDED TO YOU “AS IS” AND ON AN “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, WE PROVIDE NO WARRANTY OR UNDERTAKING AND MAKE NO REPRESENTATION OF ANY KIND THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE, OR ANY OF OUR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE FOR: PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

You agree to defend, indemnify, and hold harmless Tixr, including Tixr’s officers, directors, agents, co-branders, licensors, payment processing partners, vendors, other partners, independent contractors, and employees, from any and all kinds of damages (direct, indirect, incidental, consequential, or otherwise), losses, lawsuits, fines, penalties, liabilities, costs, and expenses, whether known or unknown, that arise from any of the following circumstances:

• Your use or misuse of services or any event that is featured on services;
• Your violation of these Terms;
• Your Licensure (as defined above), any failure to secure or uphold such Licensure, or any mistakes made in obtaining or maintaining said Licensure;
• Any feedback (as defined above) that you provide us;
• Your Submission; or
• Any violation of any rights of a third party.
  

Tixr reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses.

These Terms are governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms or the services shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Charlotte and Mecklenburg County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.

You agree that any claim or cause of action arising out of or related to these Terms or your use of our services must be commenced within one (1) year after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred. This limitation does not apply where prohibited by law.

THIS SECTION CONTAINS IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS. ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OR THE SERVICES WILL BE RESOLVED THROUGH BINDING ARBITRATION OR IN SMALL CLAIMS COURT (IF APPLICABLE) AND ONLY ON AN INDIVIDUAL BASIS. BOTH PARTIES AGREE THAT CLASS, CONSOLIDATED (EXCEPT FOR THE LIMITED SITUATIONS MENTIONED BELOW), OR REPRESENTATIVE ARBITRATIONS AND CIVIL ACTIONS ARE NOT ALLOWED, AND ANY RIGHT TO PURSUE SUCH ACTIONS IS WAIVED BY EACH PARTY.

THE PARTIES ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, THEY WOULD HAVE THE RIGHT TO FILE A LAWSUIT IN COURT AND HAVE A JURY TRIAL. THEY ALSO UNDERSTAND THAT, IN SOME CASES, THE COSTS OF ARBITRATION MIGHT BE HIGHER THAN LITIGATION, AND THE RIGHT TO DISCOVERY COULD BE MORE RESTRICTED IN ARBITRATION THAN IN COURT.

It's important to understand how we handle disagreements. If any issues arise concerning these Terms or services, we aim to resolve them amicably. However, if a dispute can't be settled through discussion, we've agreed to use binding arbitration or small claims court (if your claim qualifies) to reach a resolution. THIS MEANS YOU AND TIXR WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN CLASS ACTIONS OR REPRESENTATIVE PROCEEDINGS.

This agreement covers nearly all disputes and legal claims between you and Tixr. This includes claims based on contract, tort, statute, fraud, misrepresentation, or any other legal theory, even if the claims arose before these Terms or after you stop using services.

Either you or Tixr can still bring an individual action in small claims court if it qualifies. Also, disputes related to intellectual property theft, piracy, or unauthorized use can be brought in state or federal courts.

17.1 Arbitration Process

If we can't resolve a dispute through direct communication, either you or Tixr can initiate binding arbitration. This applies to any disagreements related to these Terms, your use of our services, or our overall relationship.

The arbitrator, a neutral third party, will have the authority to decide the dispute and can provide any relief that would be available in court, but only to the extent justified by the claims.

The arbitrator's decision is final and binding, with very limited exceptions for court review.

All disputes will be handled on an individual basis. Neither you nor Tixr can participate in or bring a class action, consolidated action, or representative proceeding.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement, regardless of any state laws or any contrary choice of law that might otherwise apply.

This arbitration requirement remains in effect even after the termination of these Terms or any other agreement between the parties.

17.2 Class Actions Waiver

BOTH PARTIES AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS, AND NEITHER PARTY MAY BRING OR PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR IS NOT AUTHORIZED TO CONSOLIDATE CLAIMS FROM MULTIPLE INDIVIDUALS OR PRESIDE OVER ANY FORM OF CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. HOWEVER, THE ARBITRATOR MAY GRANT ALL RELIEF AVAILABLE IN COURT, INCLUDING PUBLIC INJUNCTIVE RELIEF, BUT ONLY AS AUTHORIZED BY LAW AND JUSTIFIED BY THE CLAIMS.

Different arbitrations may involve overlapping factual or legal matters. Therefore, to the fullest extent permitted, and subject to Section 17.7 below, you and we agree that if one of us initiates an arbitration against the other, and we determine, in our sole discretion, that the arbitration involves one or more issues of fact or law that are also present in an ongoing arbitration between us and a third party,  the arbitration involving you will, at our request, either be assigned to the same arbitrator handling the similar arbitration or be paused until the similar arbitration is resolved. Any decisions made in the similar arbitration will not be binding in your arbitration.

17.3 Notice of Dispute Requirement

If either you or Tixr wants to start arbitration, we must first send the other party a written Notice of Dispute. This notice should explain the nature of the dispute and the relief sought. If the dispute is not resolved within 60 calendar days of sending the Notice, either party may initiate arbitration.

17.4 Arbitration Rules and Procedures

Arbitration will be conducted under the Commercial Arbitration Rules (or the Consumer Arbitration Rules, if applicable) of the American Arbitration Association (AAA), as modified by these Terms. A single arbitrator will oversee the arbitration, and the arbitrator will have the authority to decide all issues related to the dispute, including the scope, enforceability, and applicability of the arbitration agreement.

17.5 Selection of Arbitrator

The parties agree to use the “rank and strike” method to select an arbitrator. AAA will propose at least ten potential arbitrators. Each party will independently submit its preferences by striking up to three candidates and ranking the remaining ones. The candidate with the highest average ranking will be appointed as the arbitrator by AAA.

17.6 Arbitration Location and Hearing Procedures

The arbitration hearing will be held at a location in the United States that's reasonably convenient for both you and Tixr. If we can't agree on a location, the AAA will decide.

For claims of $10,000 or less, the arbitration can be done through written submissions or a phone hearing. For larger claims, the AAA Rules will determine whether an in-person hearing is necessary.

17.7 Grouped Arbitration of Similar Claims

To ensure efficient resolution, if 25 or more claimants submit similar claims within a 90-day period and are represented by the same or coordinated counsel, the claims will be grouped into batches of up to 50 claimants each for arbitration. AAA will appoint a single arbitrator to oversee each batch and conduct the arbitration in a consolidated manner. Hearings will be conducted in Charlotte, North Carolina, or remotely at the arbitrator's discretion. Challenges to AAA's administrative decisions will be heard by a single-process arbitrator. If this batch arbitration process is found unenforceable for a particular claimant, that claimant’s claims will proceed in individual arbitration.

17.8 Arbitration Costs and Legal Fees

The payment of filing, administrative, and arbitrator fees will be governed by the AAA Rules. If you initiate arbitration and seek relief valued at $10,000 or less, we will advance all costs and fees, subject to potential reimbursement. If the relief sought exceeds $10,000 and you demonstrate that arbitration costs would be higher than court costs, we will pay the additional costs. If the arbitrator finds your claims to be frivolous, you will be responsible for reimbursing us for the costs we advanced.

Each party is responsible for its own legal fees and expenses unless otherwise permitted by applicable law. The arbitrator may award attorneys' fees and expenses if requested within 14 days of the ruling.

17.9 Non-Arbitrable Disputes

If any provision of this arbitration agreement is found to be unenforceable with respect to a particular claim, that provision will be severed, and the remaining provisions will continue to apply. Arbitration of all other claims must be completed before any litigation of non-arbitrable claims.

17.10 Opt-Out Right

You can choose not to be bound by this arbitration agreement and class action waiver. To opt out, you must send a written notice to Tixr within 30 days of first using services or agreeing to these Terms. The notice should be emailed to the address specified in Section 24  of the Terms and include the subject line "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT."

If you do not comply with these Terms and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future).

If it turns out that a particular term is not enforceable, this will not affect any other terms.

Your right to use the website and/or any licenses granted under these Terms are not excludable, assignable, or transferable, including by operation of law or otherwise. Any attempted assignment or transfer in violation of the foregoing is null and void.

These Terms constitute the sole and entire agreement between you and Tixr regarding the website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Provisions of these Terms concerning limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum, and intellectual property protections and licenses will survive Termination.

These Terms create no independent contractor, agency, partnership, joint venture, or other relationship. Tixr may freely assign any of its rights and obligations under these Terms.

We may modify these Terms or any additional terms that apply to the website to, for example, reflect changes to the law or changes to our website or services or products offered through our website. You should look at the terms regularly. We will post notice of modifications to these Terms on this page by updating the “Last Modified” date at the top of this webpage. Changes will not apply retroactively and will become effective as soon as this webpage’s “Last Modified” date is posted. If you do not agree to the modified terms for a service, you should discontinue your use of that service.

All feedback, comments, requests for technical support, and other communications relating to our website should be directed to marketing@tixr.com.