1. Introduction
This page tells you information about ArenaSoldOut.com and the legal terms and conditions (the “Terms”) on which we make available to you our platform for selling event tickets and associated products and services (the “Service”).
Please read these Terms carefully and make sure that you understand them before creating an account in the Service.
2. Our contract with you
You agree to these Terms and you enter into a binding contract with ArenaSoldOut.com when you create an account in the Service by clicking the “Create an account” button on ArenaSoldOut.com or downloading any of the platform apps. If you do not agree to any portion of these Terms of Service, please do not use or access the Service.
We may amend these Terms from time to time. You should check the page ArenaSoldOut.com/terms&conditions from time to time to review the current Terms, as they are binding on you.
3. Nature of the service
Our Service allows registration for an account to access our online platform to sell and manage event tickets and associated physical or digital products and services. You may register for an account only if you are the event organizer or an authorized ticket seller (and have the event organizers expressed written permission for all the events you are selling tickets for). If you will be using the Services on behalf of an entity, you agree to these Terms on behalf of that entity and represent that you have the authority to do so.
We provide the Service to you and have no relationship with your customers (“Ticket Buyers”). When you sell tickets or other products and services to Ticket Buyers through the Service, the contractual relationship is between you and the Ticket Buyer. You are responsible for providing your own terms of sale with your Ticket Buyers and accordingly, we will direct any Ticket Buyer who raises queries regarding your events or your other products and services to you.
You agree:
to handle all communication with your Ticket Buyers and not refer them to us for customer support;
to respond to any queries you receive from Ticket Buyers within 5 days;
to accept all liability in relation to the contractual relationship between you and the Ticket Buyer;
to notify your Ticket Buyers immediately, and update your website, if your event is canceled, postponed, or has a material change from the original information given when the event was first put on sale.
We reserve the right to suspend or terminate your access to the Service if you fail to adhere to these contractual relationship requirements with your Ticket Buyers.
When using the Service, you shall:
comply with applicable laws and obligations related to your provision of events, products, or services to Ticket Buyers, or receipt of booking fees, transaction fees, or charitable donations;
provide us with such information and material as we may reasonably require in order to supply the Services and ensure that such information is accurate in all material respects;
maintain and promptly update all information and material as may be required by us in order to supply the Services to keep it true, accurate and complete;
cooperate with us in all matters relating to the Service.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control. Your access to the Service may also be suspended, or your account may be canceled at any point, at our discretion, including (but not limited to) if we suspect that you are using the Service for fraudulent or criminal purposes if we are advised to by law enforcement agencies or if you have failed to pay the service fee (in which case we would typically notify you of the non-payment before suspension or cancellation). We will not be liable for any loss or damage that may arise from misuse of our service.
4. Your account
On sign up, you are immediately able to set up your event, create tickets for your event and, subject to having set up an account with a Payment Processor, sell tickets for your event. You may also set up the sale of any associated physical or digital products.
You must be 18 to set up an account.
For your convenience, we will keep your account open for 120 months after your last sign-in, in case you decide to use our Service again. Prior to closing your account and deleting Your Content in your account, we will attempt to send warning emails to your account email address so that you have an opportunity to keep your account open or export any data that you wish to retain.
You can close your account at any time by emailing our customer support team at [email protected] from the email address of the account owner.
We will not refund any fees already paid for the Service.
Account Security
You are responsible for maintaining the confidentiality of your account and are fully responsible for all activities that occur as a result of access to your account using your access credentials. You should not share apps or API credentials with anyone. You agree to immediately notify us by emailing [email protected] of any unauthorized use of your apps and API credentials or account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.
Transmission of information via the internet is not completely secure. We cannot guarantee the security of your data transmitted to our site and any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
5. Payment Processors
Our Service allows you to take payments for your events and products/services from Ticket Buyers online using payment processors with whom we have partnered.
Your use of the payment service requires you to set up an account with the Payment Processor you wish to use which will be subject to the Payment Processor’s own terms and conditions and privacy policy. You will have a direct relationship with the Payment Processor and will be required to read and accept their terms and conditions before taking payments from Ticket Buyers via the payment services offered through our Service.
In carrying out certain functions, the Payment Processor acts as a data processor to both you and us but in other respects, it acts as the controller. Payment Processor activities carried out as controller are carried out in accordance with the Payment Processor’s own privacy policy. By using our service, you acknowledge and agree to us sharing personal information and/or information about your transactions made via our Service with the Payment Processor.
If we receive notice from the Payment Processor that your use of our service is in breach of their terms or of any agreement between you and them, you and us, or you and a Ticket Buyer or appears fraudulent, in breach of money laundering regulations or as part of other harmful activity, we may take actions including, but not limited to, those necessary to rectify your breach, removing your ability to use our service and/or the suspension or termination of your account. The Payment Processor reserves the right to refuse the use of its payment services to anyone, for any reason, and at any time.
We have no responsibility for and hereby disclaim all liability (including, but not limited to) any losses, costs, fees, and penalties of whatever nature arising from the service provided to you by the Payment Processor, including the acts and omissions of the Payment Processor.
6. Our fees
The fees for using our Service are set out on the page ArenaSoldOut.com/pricing and are charged on a usage basis. A chargeable use or activity is the sale of a ticket, or the sale of an associated product or service. We may also offer add-on services which will be charged as specified on our platform or as agreed with you.
Our fees are non-refundable, even if an event is canceled.
7. Event Organizer content and Acceptable Content Standard
As between you and us, you own all rights in and have responsibility for ensuring the legality, reliability, integrity, accuracy and quality of all content (which may include, text, pictures, information about your event and associated products and services, event reviews, comment) which you upload to ArenaSoldOut.com platform (“Your Content”). By uploading Your Content, you grant us an unconditional, non-exclusive, transferrable, royalty-free, worldwide license to use Your Content in any manner necessary for the provision of the Service.
You must comply with the following Acceptable Content Standards when submitting Your Content to our platform:
– You must ensure Your Content is accurate and complies with applicable law in any country from which it is posted;
– You must not use our platform to collect content from Ticket Buyers or event attendees that you do not need, for example, Ticket Buyer card details (these should only be collected by the Payment Processor), Ticket Buyer government or social security numbers, Ticket Buyer passwords or any other excessive or unnecessary personal data, in particular special category data being information revealing racial or ethnic origin, political opinions, religious or similar beliefs, trade union membership, physical or mental health conditions, sexual life, sexual orientation, biometric or genetic data. This provision does not prevent you from collecting special category data to the extent this is necessary for your event e.g. to allocate seating for people with disabilities.
Your Content must not:
– be unlawful, harmful, threatening, defamatory, obscene, deceitful, fraudulent, infringing, harassing, morally repugnant, or racially or ethnically offensive;
– facilitate illegal activity;
– depict sexually explicit images;
– promote violence;
– be discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age;
– infringe any copyright, database right, trade mark or any other intellectual property right of any other person;
– conceal identity or be likely to deceive any person.
We may remove Your Content from our platform and Service where, in our sole opinion, it violates our Acceptable Content Standards. We reserve the right to suspend or terminate your access to the Service if you materially breach our Acceptable Content Standards, to seek reimbursement from you for any costs we incur resulting from your breach, and to disclose information to law enforcement authorities as required or as we deem reasonably necessary.
8. Disclaimer
While we endeavor to ensure that the Service is available 24 hours a day, we do not guarantee the availability of the Service and shall not be liable if for any reason the Service is unavailable at any time or for any period.
Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance, or repair or for reasons beyond our control.
We do not warrant the accuracy and completeness of the material in the platform. We may make changes to the material in the platform, or to the functionality of the Service, at any time without notice.
We will provide the Service with reasonable care and skill. The Service is provided “as is” and except for the warranties contained in these Terms, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions of satisfactory quality and fitness for a particular purpose).
9. Liability
We are not a party to any transactions, other relationships, or disputes between you and Ticket Buyers or you and event attendees. Furthermore, we do not pre-screen Ticket Buyers and are not responsible for any fraudulent transactions by Ticket Buyers. We exclude any and all liability arising out of any actions that we may take in response to breaches of our Acceptable Content Standards and these Terms. You agree to indemnify us and our officers, directors and partners from any cost, claim, or demand, including reasonable legal fees:
– in relation to any dispute(s) with one or more of your Ticket Buyers and/or your relationship with Ticket Buyers and event attendees;
– and made by any third party due to or arising out of Your Content and your use of the Service. You are solely responsible for your actions when using the Service.
Our total liability to you for all other losses arising under or in connection with the provision of our Services, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to $ 50,00.
Nothing in these Terms seeks to limit or exclude consumers’ legal rights.
10. Law and jurisdiction
These terms shall be governed by and construed in accordance with European and Estonian laws.
Any disputes relating to these terms shall be subject to the exclusive jurisdiction of the courts of Estonia.
11.Penalty for Overdue Payments
Access to the platform applications and services is contingent upon the absence of overdue payments on issued invoices. In the event of overdue invoices, access to the applications and services may be restricted. Access may be restored upon payment of all invoices and the absence of any debts.
Penalties for overdue payments are applied as specified in the invoice.
12. Our details
ArenaSoldOut.com is a partner and official representative of the TixGear ticketing platform
ArenaSoldOut.com brand is owned and operated by ABH TEAM OU
This website is owned and operated by ABH TEAM OU
We are registered in Estonia Commercial Register under registration number 14162982, and our registered office and place of business are at:
Narva mnt 5a, Kesklinna district,
Tallinn city, Harju county,
10117 Estonia.
You can find the online version of the register at https://www.inforegister.ee/
You can contact us:
by post, to the postal address given above;
using our website contact form;
by telephone, on the contact number published on our website; or by email, using the email address published on our website.
