Community Guidelines
Contents
1. Introduction
These terms and conditions are applicable to all websites and applications (apps) where posted. Other terms and conditions are valid only when posted for individual organizers and/or websites and apps and are not in conflict with this agreement.
This text is uses male words as terms for all humans of various genders. This is not a discrimination or social preference of any kind. It's purpose s the readability of this text, especially for screen reader systems.
When using the term "Organizer", this text means persons or organizers that create events using our services. These event informations will be displayed to customers. Customers can purchase tickets for these events at our website, enabling them to attend these event, purchase products or donate to organizers. Tickets, items, goods and donations are collectively named "Products" hereafter. Organizers and Customers will be called "Users" collectively.
Texts, images, charts, graphics and other media content will be embedded on Ticket-Bob and are referred to as "User Content". Ticket Bob cannot be made liable when this content violated any rights and Ticket-Bob was not given prior notice and given time to verify the claims and act upon it.
Ticket-Bob is a brokering platform. We mediate contracts between organizers and customers. Ticket-Bob is not party of these trades. A contract is closed exclusively between an organizer and a customer only. Ticket-Bob is authorized by organizers to support the contract processing.
When purchasing a Ticket-Bob license, contract partner to an organizer is E-Goline Services, Ralph Schuster in 65451 Kelsterbach, Elsterberger Weg 23, Germany. VAT-Id: DE 303 321 546.
Payment Processing
Payment processing will be performed by sub-processors only, contracted by Ticker-Bob, e.g. PayPal or Sumup. Contract party for the sole purpose of payment processing is E-Goline Services, Ralph Schuster in 65451 Kelsterbach, Elsterberger Weg 23, Germany. VAT-Id: DE 303 321 546.
Agreement
These community guidelines are a binding agreement between users and Ticket-Bob. They define obligations and right when using services. User acting upon behalf of an organization or company agree on behalf of their organization or company and its subsidiaries. They confirm that they are authorized to do so. The term "Users" will also refer to the respective organization or company as a legal entity for these cases.
By accepting the community guidelines, users declare that they had read and understand these terms and conditions.
2. Ticket-Bob Services
Ticket-Bob provides services to organizers that support the creation of profiles and event pages, promote these pages and organizers to customers. It also supports management of tickets, collecting donations and processing the orders for other products. This is conducted on behalf of organizers.
Ticket-Bob ist neither creator, organizer or owner of events that are displayed or promoted. The liability of compliance with local, federal, regional, national or other laws and regulations is entirely assigned to organizers. All organizers are obligated to deliver their goods and fulfill services in quality and as described on Ticket-Bob. Ticket-Bob is no contract party at any time. We will transmit required payment data to our subcontractors only. Ticket-Bob is acting as a limited service provider on behalf of the organizer - to capture, forward and reconcile payments.
3. Data Protection and Consumer Information
Our Privacy Policy is applicable to all customer data that is collected by Ticket-Bob.
Organizers are required and assert to comply to our Privacy Policy and all local, federal, national and other laws and regulations when collecting, processing or saving customer data.
4. Validity and Termination
These terms and policies are in effect from the time of first access to Ticket-Bob. They will be valid until its termination. A termination is possible according to chapter 4. In the event of termination, the common terms and policies are cancelled. However, single terms and policies may be effective for both Ticket-Bob and organizers even after the termination.
Ticket-Bob can void your right to use services at any time when violations are detected, services are used abusively or used in a way not intended by Ticket-Bob, or when violated against local, federal, regional, national or other laws and regulations in order to avoid liability claims against Ticket-Bob.
Ticket-Bob can terminate its service completely or partly at any time. However, we will do our best not to disrupt any current activities of any organizer and will inform in a timely manner about our intent. Organizers agree that Ticket-Bob will not be liable for third-party damages in case of termination of all or selected services.
Application of these terms and policies are revoked by deletion of an organizer or user account. Application of terms and policies end without personal user accounts except for the common usage of services.
Policies of this agreement that will stay in effect after termination are liability limitations, releases, idemnification, arbitrations, warranties and policies regarding copyrights and licenses
5. Release and Idemnification
This section defines how Ticket-Bob will be released from any compensations and other liability claims when using the services.
All compensations (for direct or indirect damages, consequent damages or other damages), losses, liabilities, costs or expenses of any type and nature - resulting from disputes between users or between users and thirs parties - are released. You also abstain from any applicable legal regulations or policies, that state this at its core: A general release will not affect claims that the releasing party did not know at the time of its issuance, or of which it could not assume existance for its advance - even when it would had a major impact on settlement with the releasing party.
As a user, you are required to defend and idemnify Ticket-Bob, its employees and partners, subcontractors and data processors against all compensation claims, losses, liability claims, costs and expenses - including proper counsel fees and accounting costs. You have to compensate Ticket-Bob in case there are claims, lawsuits, trials and examination by third parties when caused by you or in connection with: a) violations by you against terms and policies, b) usage of services in a way that violates against terms and policies, c) violations by you against local, federal, regional, national or other laws and regulations or violations of third parties's rights by you, d) imbursement and payment of taxes by Ticket-Bob, and e) your events. Regulation e) is obsolete when the claim results from negligence of misbehaviour of Ticket-Bob. You agree to fully cooperate with Ticket-Bob in that case in order to avoid any further damages and regulate the claims.
6. Disclaimer of Warranties and Assumption of Risks
All services are provided according to the best possible quality standards. Nevertheless, Ticket-Bob cannot guarantee service in a few cases.
The services are provided "as is" and without any guarantee of availability. Ticket-Bob therefore rejects any explicit or implied warranty. This includes, among other things, market access and standards, legal claims and non-infringement of the rights of third parties as well as the suitability of the services for certain purposes. This includes in particular the guarantee if services (a) do not meet your wishes or requirements and (b) the uninterrupted availability of the services, (c) the fault-free availability of the services.
Customers accept that Ticket-Bob cannot be held responsible for the safety, quality, legality and accuracy of events and products or their descriptions. The presented content is exclusively the content of the respective organizer and is not checked by Ticket-Bob before it is passed on to customers. In particular, the content of individual events and products can change at any time, even after a sales contract has been arranged. Ticket-Bob has no control over this and therefore accepts no liability. Likewise, no liability can be assumed for the acts or omissions of third parties in connection with the implementation of events carried out with the help of Ticket-Bob. Ticket-Bob rejects any liability claims resulting from this.
Users acknowledge and agree that some events cause risks that arise from voluntarily participating in them. Among other things, this concerns health risks, risks from injuries, risks to physical integrity or life.
The above exclusions of liability apply to the extent permitted by law and may vary regionally. Legally binding guarantees, if any, are limited to the legally permissible maximum of their duration.
7. Limitation of Liability
All liability is limited to the amount of the fees and license costs incurred by Ticket-Bob. Liability claims can be asserted a maximum of 3 months after the placement of a purchase contract, but a maximum of 3 months after the end of an event.
The exclusions or limitations of liability do not affect those warranties and liabilities to which users are entitled by law, provided that it is a matter of intentional action, negligence or breach of contract or tacit violation of these terms of use.
8. Binding Arbitration
The parties understand that without this binding provision they would have the right to bring an action in court and hear the dispute in court.
(a) Contact us first! If you have any questions or concerns about the Services, please contact us first. We will try to answer your questions or to resolve your concerns.
(b) In the unlikely event that our customer service is unable to resolve your concerns, the parties (you and we) hereby agree to resolve any dispute or claim arising from these Terms, regarding the Services or regarding our relationship through binding arbitration and solely on an individual basis to negotiate.
We further agree that under no circumstances will disputes be resolved through joint, consolidated, or proxy proceedings.
This arbitration provision will survive the termination of these Terms.
(c) This Arbitration Agreement is intended to be broadly interpreted. It includes: (i) all claims arising from or in connection with Ticket-Bob; (ii) all claims from a previous agreement and (iii) all claims that may arise after termination.
(d) The place of jurisdiction is Frankfurt am Main, Germany, regardless of other circumstances that could justify a change of the place of jurisdiction.
(e) If the provisions of this Section are found to be invalid or unenforceable, this Section shall be void in its entirety and Section XX shall replace it.
9. Organizer Obligations
As the organizer, you are obliged to:
(a) obtain or hold all necessary licenses, permits or other rights to events or related articles and media. This includes, in particular, obligations that result from legal and official provisions from the implementation of events.
(b) to comply with the legal and official regulations before, during and after an event.
(c) to observe and comply with legal and official regulations in connection with the online sale of articles and tickets. This applies in particular to the information on rights of revocation, withdrawal and termination, if applicable. In particular, you release Ticket-Bob from all claims that arise from disregarding these provisions.
(d) Provide truthful and complete information about the items and tickets you have sold. The withholding of essential features of the items sold is a violation of these provisions and can lead to the immediate termination of your contractual relationship with Ticket-Bob.
(e) Comply with data protection regulations. As an organizer, you come into possession of the personal data of your customers. The corresponding regulations of the GDPR must be observed. Personal data in the category "particularly worthy of protection" (e.g. on religion, health, social insurance) may not be collected.
The following goods and services may not be offered on Ticket-Bob:
- Tickets from other organizers (third parties, resale of tickets)
- Goods and services that are restricted by third party property rights, e.g. pictures, videos.
- Licensed Articles
- Items for which online trading restrictions exist, e.g. pornography, weapons.
- Services that are not related to the organization and implementation of events.
In addition, Ticket-Bob reserves the right to prevent offers if they do not correspond to business conduct or company policy.
10. Copyright Takedown Notice
You can request to have content removed by Ticket-Bob when you own copyrights and think that this content vilates your copyrights.
11. Scraping and Commercial Use of Site Content
Online content is not free for commercial usage when not explicitely stated and offered. Crawling and scraping of websites is prohibited.
12. Fees and Refunds
Fees
Usage of our services is free of charge. However, we charge fees for payment transactions relatively to the amount. Fee rates depend on the specific license or agreement between Ticket-Bob and respective organizers. Fees are included in prices and not extra-charged to customers. Fees do cover the service provision by Ticket-Bob and payment processing.
We have in no way any influence on whether your financial institution will charge additional fees. Organizers need to bear it themselves.
Fees are charged automatically by reduction from the total order amount before paying it out to organizers.
Cancellations and Refunds
All cancellations and requests for refund have to be addressed to the respective organizer. Ticket-Bob offers services to support this process and communication.
As a customer, you are required to return cancelled or refunded items and tickets to the organizer, respectively not to attend events by using such tickets. Non-compliance will be regarded as offense and attempt to defraud. Ticket-Bob is not liable for any costs imbursed to prosecute or ward such attempts. Such responsibility lies fully with the organizer.
As organizer, you are obligated to verify the validity of a ticket and void tickets when applicable. Ticket-Bob is not liable for damages resulting from non-compliance with this policy.
As organizer, you are required to accept and process voidance, cancellations and refunds according to applicable law and regulations. Ticket-Bob is not liable for damages resulting from non-compliance with this policy.
Ticket-Bob is authorized to terminate licenses and agreements with immediate effect when actions and behaviour of an organizer violates against these terms and policies or against legitimate interests of Ticket-Bob.
13. Ticket-Bob Account
To use some services, especially as an organizer, you need to create an account. You agree to adhere to the following rules, among others, when using the services:
(a) The minimum age to use our services is 18 years. Minors may only use the services to the extent that statutory provisions permit.
(b) Users are obliged to provide truthful information about themselves. The information must be kept up to date.
(c) You can also transfer the right to use services to third parties. However, they must have their own account.
(d) As a user, you are obliged not to pass on your access data to other people. Ticket-Bob will never ask for your password either.
(e) You are obliged to report any unauthorized use of your account with Ticket-Bob immediately after you become aware of it.
14. Changes to the Community Guidelines
Ticket-Bob reserves the right to make changes to these Terms from time to time (referred to herein as "Changes"). We will notify you of changes we deem material by (a) posting the changes on the Services, (b) updating the date under "Status" at the top of this page, and / or (c) sending you an email or send notification of changes. Material changes will take effect thirty (30) days after the date under "As of" or the date stated in the notice to you.
Changes that only affect new functions on the services or are not associated with any additional obligations or burdens on your part take effect immediately. It is your responsibility to find out about changes and become familiar with them. If you continue to use the services after the changes come into effect, this will be interpreted as a declaration of consent to the changes and the new version of these terms and conditions.
15. Assignment
We may freely assign these Terms and our resulting rights and obligations without your consent or approval.
16. Entire Agreement
Notwithstanding anything to the contrary herein, these terms and conditions represent the entire agreement between you and Ticket-Bob. They replace all previous agreements, with the exception of separate written service agreements between you and Ticket-Bob.