ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AS SET FORTH BELOW AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
WE FACILITATE PURCHASES OF TICKETS ONLY
WE DO NOT PROVIDE EVENTS
We partner with Event providers solely in order to facilitate your purchase of tickets to events through the Services, or otherwise feature events through the Services (collectively, “Events”). You acknowledge that we solely facilitate sales of tickets to Events, and we have no responsibility, and shall not be liable, with respect to the Events or Event providers, including without limitation, cancellation of Events or any inconvenience you may experience due to such cancellation or any other causes out of our control. We have no control over or responsibility for Events, Event providers, or their websites, resources, materials, content, products or services, and we do not guarantee the quality, safety or legality of Events or the truth or accuracy of descriptions of Events or any other information regarding Events. In addition, Event providers may offer Events in connection with third parties, including charities; we solely facilitate your purchase of tickets to such Events and have no control over or responsibility with respect to such third parties (e.g., any anti-money laundering and “know your customer” screenings, if applicable), including in connection with any charitable donations or solicitations for charitable donations in connection with any Event. Descriptions or images of, or references to, Events through the Services do not imply our endorsement of such Events. Without limiting the foregoing, we shall not be responsible for (i) any lost, stolen or damaged tickets, (ii) the failure of an Event provider to honor a ticket, (iii) an Event provider’s breach of any warranty to you, or (iv) any other action, omission or wrongdoing of an Event provider.
YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE CURRENTLY EIGHTEEN (18) YEARS OF AGE OR OVER (TWENTY-ONE (21) YEARS IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY) AND YOU ARE CAPABLE OF LAWFULLY ENTERING INTO AND PERFORMING ALL THE OBLIGATIONS SET FORTH IN THIS AGREEMENT.
In connection with your use of the Services, you may have the ability to register for an Account using either information you provide to us or via your login credentials for your account with a third-party social media platform or other services (e.g., Facebook) (in each case, your “Account”). By using the Services through your account with a third-party social media platform or other service, you permit us to access certain information from such account for use by the Services, and you understand that we may make available information or content from such account through the Services in connection with your Account. You must provide accurate and complete information and keep your Account information updated. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. In addition, you agree to not have more than one Account with us at any given time. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You may never publish, distribute or post login information for your Account. You may deactivate your Account, either directly or through a request via the contact information below.
In addition to affirmatively registering for an Account, Fevo may also create an Account on your behalf when you use our Services utilizing your telephone number and/or email address. This Account may be used by you to log into your Account and view past purchases and other Account information.
Any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively, “User Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, in compliance with all applicable laws, rules and regulations, and does not and will not misappropriate, infringe, or otherwise violate the intellectual property rights of any third party. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any Content you access on or through the Services is or will continue to be accurate.
NOTICES AND RESTRICTIONS
In the event you submit User Content through the Services, you hereby do and shall grant us and any user of the Services a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform publicly, and otherwise fully exploit the User Content in connection with the Services and, with respect to us, our and our affiliates’ (and our successors’ and assigns’) businesses, including without limitation, for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and, in each case including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users does not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without misappropriation, infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby grant us a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable and transferable license to use such Feedback and related information in any manner. We will treat any Feedback you provide to us as non-confidential and non-proprietary to you. We will have no obligation under any circumstances to compensate you for any Feedback. You agree that you will not submit to us (as Feedback or otherwise as User Content) any information or ideas that you consider to be confidential or proprietary, or for which you expect to be compensated.
AVAILABILITY OF CONTENT
RULES OF CONDUCT
You shall not (and shall not permit any third party to) either (1) take any action or (2) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation, any User Content, that:
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, or other “spamming”;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
You shall not (directly or indirectly) and shall not attempt to, except to the limited extent applicable laws specifically prohibit such restriction: (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), (ii) gain unauthorized access to the Services or any part of it, other user accounts, or other systems or networks connected to the Services, via hacking, password mining, or any other means, or remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services, (iii) interfere with the proper working of the Services or any activities conducted through the Services, (iv) probe, scan, or test the vulnerability of the Services or any system or network, or use any robot, spider, scraper or other automated means to access the Services (INCLUDING USING ANY “BOT” OR OTHER AUTOMATED MECHANISM TO MAKE PURCHASES), (v) modify, translate, or otherwise create derivative works of any part of the Services, (vi) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder, (vi) create extensions of, products related to, or that interoperate with, the Services. You further acknowledge and agree that you will access the Services for its intended purpose and not access the Services for the purpose of bringing a legal claim or action against us including, but not limited to, patent infringement or ADA compliance. You shall abide by all applicable local, state, national and international laws and regulations.
THIRD PARTY SERVICES
The Services may be provided via third-party websites or may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to the Services. When you access third-party resources on the Internet, including without limitation, third-party Event provider websites in which our Service are integrated, or other services or resources, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.
The terms of your payment will be based on your Payment Method and may be determined by the applicable terms, conditions, and privacy policies of the Payment Processor, as well as agreements between you and the applicable financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due for your Purchase upon demand.
CURRENT INFORMATION REQUIRED.YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR PAYMENT METHOD. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR PAYMENT METHOD CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY US OR OUR PAYMENT PROCESSOR IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR PASSWORD. IF YOUR PAYMENT METHOD INFORMATION IS NOT CURRENT, COMPLETE, OR ACCURATE, WE AND/OR THE APPLICABLE PAYMENT PROCESSOR MAY BE UNABLE TO PROCESS YOUR PAYMENT AND WE WILL ACCORDINGLY BE UNABLE TO FULFILL YOUR PURCHASE.
From time to time, you may become eligible to earn certain experience benefits directly from Event providers through the Services, including based on the size of the group you have created for the corresponding Event (collectively, “Rewards”). In addition to any specific rules and descriptions for each Reward, which are incorporated herein, you acknowledge that Rewards, and the opportunity to earn Rewards, are at our and the Event provider’s sole discretion. We reserve the right, in our sole discretion at any time, to cancel, suspend, terminate or modify any aspect of the Rewards, with or without notice to you. We also reserve the right, in our sole discretion, to terminate your eligibility to earn Rewards at any time, with or without cause, with or without notice, effective immediately, including without limitation, if we deem or suspect any violation of these terms and conditions or the intended use of the Services and/or the Rewards, cheating, fraud or tampering with the operation of Rewards. By participating in the Rewards, you agree to release, indemnify and hold harmless us, our affiliates, suppliers, partners, and each of our and their respective parent companies, subsidiaries, affiliates, partners, employees, contractors, directors, officers, agents, suppliers and representatives, from any and all liabilities, claims, damages, injury, loss, harm, cost or expenses, including without limitation, property damage, personal injury and/or death, that arise from or relate to in any way the Rewards.
WE HAVE NO SPECIAL RELATIONSHIP WITH OR FIDUCIARY DUTY TO YOU. YOU ACKNOWLEDGE THAT WE HAVE NO DUTY TO TAKE ANY ACTION REGARDING:
- which users gain access to the Services;
- what Content you access via the Services;
- or how you may interpret or use the Content.
You release us from all liability for you having acquired or not acquired Content through the Services. We make no representations concerning any Content contained in or accessed through the Services or relating to Events, and we will not be responsible or liable for the accuracy, copyright compliance, or legality of such material or Content contained in or accessed through the Services.
THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED BY US TO THE MAXIMUM EXTENT PERMITTED BY LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOUR USE OF THE SERVICES AND ACCESS TO EVENTS IS SOLELY AT YOUR OWN RISK.
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, or the exclusion of implied warranties, the above exclusions or limitations may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law. You may have other rights, which vary from jurisdiction to jurisdiction.
TEXT MESSAGING / EMAILS POLICY
LIMITATION OF LIABILITY
Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest extent of applicable law.
ARBITRATION CLAUSE & CLASS ACTION WAIVER — IMPORTANT — PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court's rules and if within such court’s jurisdiction, unless such action is transferred, removed or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate.
YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
The arbitrator shall determine all issues of liability on the merits of any claim asserted by you or us and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To the extent that you or we have sought public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration after the party seeking public injunctive relief has first prevailed in arbitration. You and we agree that the litigation of any issues of public injunctive relief shall be stayed pending the outcome of the merits of any individual claims in arbitration.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.
GOVERNING LAW AND JURISDICTION
ENTIRE AGREEMENT AND SEVERABILITY
We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, war (including but not limited to cyber incidents such as ransomware), riots, fires, terrorism, acts of God, natural disasters, failures of the Internet or telecommunications networks, labor disputes, strikes, or mechanical, electronic or communications failure or degradation.
You may contact us at the following address:
12 Little W 12th St
New York, NY 10014
Last Updated: November 19, 2021