Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our website.
Personal Information Defined.
Personal information is any information that can be used to personally identify an individual consumer, such as name, physical address, e-mail address, telephone number, social security number and any other similar information that can be used to uniquely identify, contact or locate an individual.
Information we collect about you.
The personal information that we will be collecting through this website will be:
This website is not intended for, or designed to attract, individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.
Additionally we will be collecting also:
details of transactions you carry out through this website
your search queries on this website
any information that you post on our website other than event information;
your log-in and password details.
Usage details, IP address.
While you use/ navigate through our website, we may automatically collect certain information about your equipment, browsing actions and patterns, including:
- Details of your visits to our website, including traffic data, location data, logs and other communication data and the resources that you access and use on our website.
- Information about your computer and internet connection, including your IP address, operating system and browser type;
The information we collect automatically is statistical data and cannot be used to identify you as an individual. It helps us to improve our website and to deliver a better and more personalized service by enabling us to:
understand how the visitors use the website and estimate their usage patterns.
collect information about your preferences, about browser type and operating system; recognize the visitors when they return to our website;
customize the website for visitors;
Cookies and other tracking technologies.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies).
Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our website. Flash cookies are not managed by the same browser settings as are used for browser cookies.
Web Beacons. Pages of our website and our e-mails
may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Usually personal data cannot be collected via cookies and tracking technologies, however we may tie the above automatically collected information to your personal information.
Notice. Purpose for collecting personal information.
The purpose for which we collect your personal information is to fulfil your specific request(s) and to fully provide you with our services.
How we use your information.
We will use the personal information you provide:
- to keep you informed about the event you are organizing or the event you are buying tickets for;
- to provide you with information about our services and products;
- to administer your account with us;
We will offer you the opportunity to choose (opt out) whether to have your personal information disclosed to a third party or to be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you.
Kickback Tickets reserves the right to disclose your personal information to third parties if required by a court order, law or legal process, including to respond to any government or regulatory request. We may also disclose your personal information if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our Company, our customers or others.
Kickback Tickets will provide you with access to your personal information that we store and will allow you to correct, amend or delete your personal information if it is not accurate. You can review and change your personal information by logging into the website and visiting your account profile page here http://www.kickbacktickets.com/account.php.
You may also send us an e-mail to email@example.com to request access to, to correct or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.
California Civil Code Section § 1798.83 permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to firstname.lastname@example.org or write us at: 270 Turk Street #804 San Francisco, CA 94102.
Kickback Tickets takes reasonable measures and precautions designed to secure your personal information from accidental loss and from unauthorized access, use, alteration and disclosure. All personal information you provide to us is stored on our secure servers behind firewalls.
270 Turk Street #804 San Francisco, CA 94102
or via our customer service number:
Welcome and thank you for choosing Kickback Tickets as your source for finding and attending great gatherings and events!
Description of Kickback Tickets1. The General Service
Kickback Tickets (KICKBACK) provides an online source for searching and accessing information about events posted to the KICKBACK website, and purchasing tickets to such events through a unique system which can help to ensure their success. This (System) allows both (Purchasers) and (Organizers) to access the KICKBACK website and to search, post, offer and purchase tickets for various events, with KICKBACK acting as an intermediary. The KICKBACK System utilizes a function called (Tipping) to only process payment for purchased tickets once a certain attendance requirement for the event to take place has been met. All parenthetical terms referenced above in this section are defined immediately below.
Definitions2.1 Kickback Tickets
Kickback Tickets (KICKBACK/We/Us/Our) is Kickback Tickets, LLC is a California Limited Liability Company which administers and maintains the website (the Site) through which KICKBACK operates its ticketing intermediary Service and runs the KICKBACK System. Unless otherwise specified in writing, all references to KICKBACK contained herein shall refer to the business entity of KICKBACK as well as to its Site, Service and System.
2.2 KICKBACK Website
The KICKBACK Website (the Site) is the online vehicle, including any Content (as defined below), through which KICKBACK operates its ticketing intermediary Service and runs the KICKBACK System, as well provides User access for Purchasers and Organizers either utilizing the Website and/or having Accounts. The Site includes any code that is owned by us.
2.3 KICKBACK Service
The KICKBACK Service (the Service) is the functional portion of our Site which allows Users to view posted events, Purchasers to buy tickets for events and Organizers to post events and offer tickets. The Service further encompasses the KICKBACK System which facilitates payment processing and the Tipping mechanic.
2.4 KICKBACK System
The KICKBACK System (the System) is the operating portion of our Service which facilitates the purchase of tickets for posted events, is intended to handle all financial transactions conducted through our Site in accordance these TOU and which employs the Tipping mechanic which will determine whether or not Pre-Tipping ticket purchases are processed.
Tipping is the mechanism by which our System determines if payment for purchased tickets for any particular event will be processed. All events posted on our Site will have a particular number of tickets offered for purchase and a particular number which must be purchased in order for that event to take place. Tickets which are purchased through our System prior to the number of required ticket purchases being reached (the “Tipping Point”) will be reserved but payment for them will not be processed until the Tipping Point is reached. Once the Tipping Point is reached, an event is deemed to have “Tipped” and is now considered confirmed by the concerned Organizer(s). Upon an event tipping, all payments for tickets purchased prior to the Tipping Point are then processed by us.
Tickets purchased by any User for an event after that event has Tipped will have their payments for purchase processed immediately as the event will already be considered confirmed.
An Event is any type of gathering, trip, show, performance, class, occurrence, etc. which has tickets offered through our Site by an Organizer for purchase. Events must comply with these TOU (for example we won’t facilitate events which are pornographic, hateful or illegal in nature as we are a private Service and Site and not a public forum). We may remove any events violating these TOU from our Site (see below). Events may also be listed as Public or Private.
A Private Event means any event which is posted by an Organizer (posting requires use of an Account) as “invite only.” This means that an Organizer has invited a particular group of people to his/her event and is offering tickets for that event for purchase only by those invitees. Users who have received an invite to a private event may access their option to purchase tickets for that event by clicking on a link to the event description and purchase page on our Site, which will be provided to them by the Organizer in the invitation. Private events will not be searchable or viewable by general Users on our Site and are accessible only invitees to the event.
A Public Event means any event which is posted by an Organizer on our site generally, without any “invite only” restriction. All public events may be viewed by any User on our Site and any User may purchase tickets for such events. A public event may also be viewed on the account profile of an Organizer posting that event; by looking at the profile of an Organizer an Account Holder may view the currently offered events from that Organizer and to a limited extent may also view previous offered events.
2.9 Account Holder
All Account Holders are deemed to be Users of our Site. Registration as an Account Holder is required to organize events and can also provide Users with an opportunity to create and record information such as profile materials and purchase history. As an Account Holder there are certain terms and conditions contained in these TOU by which you must abide that apply above and beyond the general terms and conditions applying to all Users. Without limitation these provisions include: Restrictions upon Age, Password and User Name Requirements, Content Submission Regulation, Event Posting Regulation, Termination, and various rules concerning purchase and sales transaction. It is important that you read the entirety of these TOU before creating an account because upon creating an account you will be accepting all provisions in these TOU that apply to you.
A Purchaser is any User who utilizes our Service to order and/or buy tickets. While Purchasers may not necessarily have registered accounts with KICKBACK and are thus not subject to all of the same terms and conditions as are Account Holders/Organizers, Purchasers will be subject to certain terms and conditions set forth in these TOU which exceed the terms and conditions applicable to Users generally. Terms which are specific to Purchasers in these TOU are set forth below in a specifically designated section; all terms and conditions in these TOU still apply to you as a Purchaser unless otherwise specified.
An Organizer is any Account Holder who posts events and/or offers event tickets for sale. An Organizer’s account will possess various functionality as described below. An Organizer may use their account to purchase tickets for events in the same fashion as any User, but an Organizer may have to use a separate PayPal account to purchase tickets which that same Organizer is offering for sale through KICKBACK. All Organizers will be subject to certain terms and conditions set forth in these TOU which exceed the terms and conditions applicable to Users generally. Terms which are specific to Organizers in these TOU are set forth below in a specifically designated section; all terms and conditions in these TOU still apply to you as an Organizer unless otherwise specified.
2.12 My Kickback
The webpage granted to each Account Holder upon registration shall be called MyKickback and each shall function as the personal account and account management page for the concerned registered Account Holder. Functions on MyKickback may include event creation, viewing of pre-tipping attendees, viewing of post-tipping confirmed attendees/ticket holders, receipt of copies QR code(s) for check-in/admission of ticketed attendees, personal profile information, transaction information and PayPal account linkage, event history, etc.
At the discretion of KICKBACK we may allow Organizers to provide incentives to potential Purchasers to encourage early or multiple ticket purchases; these incentives are called Perks. Perks may be constituted by items such as CDs, posters, t-shirts, special passes, etc. Perks may only be offered by Organizers and may only be offered when specifically designated as a Perk and posted in the appropriate event information field. Perks shall only be posted at the time of event creation and may not be added to an event for which ticket sales have already been activated. Perks shall not be created in the form of contests, sweepstakes or gambling of any kind.
Content is any material, existing or having existed on our Site in any fashion consistent with these TOU from any origin and in any form whether digital, electronic, posted, deleted, archived, embedded, linked or contained in any subpage of our Site or existing as data, designs, text, images, graphics or code whether object, source or otherwise, and without limitation may generally be considered material which we have provided on or as part of our Site or which Users have provided, posted or uploaded to it.
Terms for All Users
The terms and conditions in this Section apply to your use of our Site, Service and System as do all other provisions in these TOU unless specifically designated otherwise. As a User, if you subsequently act as a Purchaser or become an Account Holder/Organizer, you will still be subject to these and all other terms unless we specifically give written indication to the contrary.
3.1 General Use of Services
KICKBACK hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use our Services solely for the purposes of browsing our Site, and searching for, viewing, registering/purchasing tickets for, and otherwise interacting with, an event that is posted on our Site (either public or private), in accordance with these TOU in all and each case(s) and/or to the extent permitted under all applicable laws and regulations (foreign and domestic).
Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly access or use our Site or any account in any fashion which violates these TOU or the rights of any Third Parties and specifically but without limitation you may not and may not permit any other party to:
modify, reproduce, rebroadcast, retransmit, reperform, or otherwise create derivatives of any part of our Service(s) or Site Content;
reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Services (except where not applicable to certain limited extents where restrictions on reverse engineering are prohibited by applicable local law);
otherwise violate any of our intellectual property, or the intellectual property or rights to publicity or privacy of others (whether now know or unknown)
remove or alter any proprietary notices or labels on or in our Services or Site Content;
engage in any activity that interferes with or disrupts our Site or Services; or
engage in any fraudulent activity, activity for which our Site, Services or System is not intended or is forbidden, or any activity that facilitates fraud or illegal activity of any kind.
3.2 User Conduct Restrictions
All Users, whether Purchasers, Organizers or any parties otherwise, are subject to full responsibility for their actions while using our Site and for any content provisions or submissions made to our Site by them or their agents or allowed parties (see discussion of “Content” below), and agree that in no case shall they engage in activity which is or may be viewed as malicious or harmful including without limitation:
upload, post, email, transmit or otherwise make available any Content, including the making of any offers or statements, that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of privacy, fraudulent, hateful, or racially, ethnically or otherwise objectionable;
harm or discriminate against any minors or any persons of any suspect classes or engage in any activities which are or may be viewed as attacking, infringing or denying the Civil or Constitutional rights;
stalk, harass, or threaten any person or party;
facilitate gambling, gaming, lotteries, raffles, contests, sweepstakes and/or any other activity featuring the award of any prize other than a designated Perk or discount for the purchase of tickets offered in accordance with the provisions in these TOU;
impersonate any person or entity, including, but not limited to, a KICKBACK representative, falsely state or otherwise misrepresent your affiliation with a person or entity, violate the right of publicity of any person or entity;
attempt to disguise the origin of any Content posted to our Site or offered/provided through our Services;
upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party;
upload, post, email, transmit or otherwise make available any Content related to the sale or provision of goods and services other than the sale or offer of tickets to events listed on our Site;
upload, post, email, transmit or otherwise make available any Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or to otherwise interact with our Site, Services or System in a manner not consistent with these TOU;
undertake any other action or activity which does or is intended to interfere with our Site, Services, System or servers or networks connected to the same, or disobey any requirements, procedures, policies or regulations of such servers or networks; or
violate any applicable law or regulation (foreign or domestic), including without limitation any laws and regulations (foreign or domestic) regarding the sale or resale of tickets.
(i) KICKBACK and Site Content
All content existing on our Site which exists in accordance with these TOU may either be owned by us or subject to a license held by us. No content accessible through a link provided on our Site by any party other than KICKBACK or otherwise located in any place or fashion which is not controlled by us, including the websites of any third parties, is content which is held or owned by us, or for which we are responsible in any fashion, and any such content is accessed by you at your sole risk and discretion. You agree that absent the express written permission of KICKBACK, you shall not, nor shall you attempt to, appropriate, falsely claim authorship or ownership of, repost, copy, derive, distribute, publicly display, publicly perform, publish, broadcast, rent, lease, offer or sell, reverse engineer, decompile, associate with in a false, diluting or confusing manner, repost to another website or make available in any linked computer system or otherwise infringe or use in an illegal manner, any content on our site which is owned by us, by a party other than yourself, or for which you do not have the explicit legal right to do so.
(ii) Your Content
You agree, represent and warrant that no content which you post to or otherwise transmit or make available to or through our Site or KICKBACK generally shall be, or shall be viewable as infringing upon the rights of KICKBACK or of any third parties including any violation of any copyright, trademark, patent, trade secret, moral right where applicable, right of publicity, right claimable under any international treaty or convention, libelous, defamatory, false, fraudulent, deceptive, misleading, threatening, pornographic, hateful, illegal, or otherwise inconsistent with any rights held by you, KICKBACK, or any third party in accordance with any applicable law, either foreign or domestic. If any content posted or provided by you violates these restrictions or any other provision of these TOU, you shall be viewed as being in violation of these TOU and may be subject to immediate suspension or termination of your privileges of use and/or any of your pending transactions, as well as the indemnification and defense of KICKBACK.
You also understand and agree that any content existing on our Site and/or posted/provided by you may necessarily be subject to the review of KICKBACK personnel or independently contracted parties (without any obligation on the part of KICKBACK to do so) and that such content may be required to be transmitted through various systems and/or presented in a slightly altered or otherwise not original state in order to be compatible with our Site, Service, System and Software.
(iii) Content Provision and Removal
You understand and agree that irrespective of any ownership or license status, any content existing on our Site or otherwise held by KICKBACK may be disclosed KICKBACK in accordance with any legal requirement, investigation by any state, federal or regulatory or legal agency, bureau or body otherwise having jurisdiction, any judicial order or lawful discovery request, any legally enforceable request (such as those under the Freedom of Information Act), and that upon such disclosure KICKBACK is in no way required to inform you of or work with you to limit the amount, form or timing of the disclosure unless KICKBACK has otherwise expressly agreed with you to do so in writing.
You also understand and agree that irrespective of any ownership or license status, KICKBACK may remove and/or delete any content from the Site at any time without prior notice to or authorization from you and may not be compelled to repost any such content under any circumstances.
Terms for Purchasers
If you make any purchase or otherwise place or caused to be placed any order of any tickets posted to or offered through our Site you are considered a Purchaser in addition to being a general User. Without limitation, the terms and conditions contained in this, Part IV of these TOU, apply specifically to you; other portions of these TOU may also still apply.
4.1 Purchase Transactions Generally
All purchase transactions (“purchases”) made through our Site are executed through PayPal and you must have a PayPal account or use the PayPal system as a guest to make purchase of any tickets offered through our Site. We are not affiliated with PayPal and are not responsible for any actions taken by PayPal in relation to any purchase which you make or any problems with the PayPal website, system or service including any interruptions to any of the same, rejections or limitations by PayPal of your use of their website, system or service, or any of their fees or refund policies of any kind. In using our Site and making any purchase you also represent and warrant that you have reviewed and agreed to the applicable terms and conditions which govern use of PayPal as the third party service method for facilitating your purchase/payment transaction(s).
4.2 Purchase Processing
When you purchase tickets through our Site your ticket order will be queued for processing via PayPal. If you make your purchase of any tickets prior to the Tipping Point of the concerned event, you will receive an order confirmation sent to the email listed on your purchase order form (or your account if you are an Account Holder/Organizer making a purchase), but your payment for that purchase will not be sent by us to PayPal for processing until the Tipping Point has been reached. Once the concerned event does Tip, you will receive an additional email notification and we will authorize processing of your payment as the event will then be considered “confirmed.” The amount of your processed payment will be deposited directly into the applicable account of the concerned Organizer and our Service Fee (see below) will deposited directly into our account(s) by PayPal; WE DO NOT HOLD YOUR MONEY AT ANY TIME DURING A PURCHASE TRANSACTION. If you make your purchase of any tickets after the Tipping Point of a concerned event has been reached, the purchase transaction will be handled in the same manner as described immediately above, except that processing of the transaction via PayPal will be authorized by us immediately as that concerned event will already be considered “confirmed.”
When you make a purchase of any tickets through our Site, our Service Fee will be added to your total purchase price and processed accordingly with the transaction. Our Service Fee is $0.99 (ninety-nine cents) per transaction plus 2.5% of the total base price of the ticket(s) purchased. Our Service Fee is split out of the total purchase price which you pay by PayPal and PayPal processes this fee directly into our account(s). You do not pay us our Service Fee directly nor do we deduct it from your total payment to the concerned Organizer regarding any transaction or event. PayPal also has its own fees which it will charge; these fees may apply to you or may be applied to the concerned Organizer regarding any transaction or event. In any case, we do not make any representation or warranty of any kind as to the nature or amount of any fees which PayPal may charge and we are not responsible for such fees or related activity of any kind in any way; we recommend that you review the rates and policies which PayPal applies to its own fees before you use our Site.
When you enter into a purchase transaction through our Site, you enter into a contractual relationship with the Organizer(s) offering the concerned ticket(s). You do not enter into any contractual relationship of any kind with us (other than the terms and conditions stated in these TOU). We are not responsible for the physical availability or availability otherwise, or condition, quality or quantity of any tickets that you purchase in any transaction and we do not hold or otherwise reserve any tickets for you or any other party at any time. Any problem that you have regarding the availability, condition, quality or quantity of any tickets which you order through our Site or otherwise is a matter between yourself and the concerned Organizer.
Notwithstanding the forgoing, in all practical instances we will email you a copy of your ticket containing a QR Code upon the processing of your purchase with the intent that you may use that copy to check yourself in or be checked in to the concerned event, provided that the Organizer allows and facilitates such mode of check-in. In no case or event do we ever guarantee this service nor do we ever handle or act as responsible for the actual checking-in or admittance of you or any party to any event. Notwithstanding the forgoing, at our discretion we may provide Organizers with a guest list on their account pages which may be utilized by such Organizers to check-in and/or keep track of event attendees.
When you enter into a purchase transaction through our Site, you enter into a contractual relationship with the Organizer(s) offering the concerned ticket(s). You do not enter into any contractual relationship of any kind with us (other than the terms and conditions stated in these TOU). We are not responsible for the actual occurrence or quality of any event or for your satisfaction or quality of experience regarding any event. If and only if an event is cancelled, we may issue you a refund of the Service Fees which we have charged you in accordance with the following terms:
the event must be cancelled and not rescheduled within a period of 30 (Thirty) days following the actual scheduled date of the event upon its cancellation;
the cancellation may not be the result of any force majeure (including any governmental act);
you must not have received any reimbursement from the Organizer or other responsible party of any monies paid by you for the cost of your ticket(s) in accordance with that Organizer’s/party’s refund policy or where one does not exist, within a period of 45 (Forty-five) days following the actual scheduled date of the event upon its cancellation;
you must provide us with a written request for a refund affirming that your refund request meets the aforementioned three requirements and this request may not be issued to us prior to 90 (Ninety) days following the actual scheduled date of the event upon its cancellation.
In any other case where a refund is requested or in the event that an event is cancelled and rescheduled by an Organizer multiple times, we will treat such requests on a case by case basis, but we are not responsible for issuing such refunds to you or any other party.
4.6 Purchaser Age Restriction
KICKBACK provides a service which allows for the purchase and sale of tickets to events via credit card and other digital transactions, many of which may form the basis for contracts; further KICKBACK provides a means by which its Users may view, access or host certain events which may be only intended for private or mature audiences. For these reasons and because KICKBACK respects the rights, privacy and safety of all its Users, you are not permitted to make a purchase through our Site if you are under 15 years of age. When you make a purchase you certify that you meet this age requirement. If you do not meet this age requirement but you still make a purchase, or if we suspect you do not meet this age requirement, we will consider you in violation of these TOU and may terminate your any of your pending transactions immediately without prior notice to you and may refuse to process any of your future transactions.
Further, if you have used an unauthorized form of payment to circumvent the age requirement (such as a parent’s credit card) this will also constitute a violation of these TOU and we may terminate your pending transactions and refuse to process any of your future transactions and will be under no obligation to restrict our disclosure of any information regarding such transactions or charges if we are requested or compelled to release such information as part of any chargeback, investigatory or legal proceeding.
Terms for Organizers and Account Holders
As an Organizer you have created (or will create) an account on our Site which renders you an Account Holder, which means that are offering or intend to offer tickets for events for events that you are either hosting/organizing or are directly affiliated with. Without limitation, the terms and conditions contained in this, Part V of these TOU, apply specifically to you; other portions of these TOU may also still apply.
5.1 Account Creation
When you register an account with us you will be prompted to complete a Site Registration Form. You agree to provide true, accurate, current and complete information about yourself when completing this form (Registration Information) as well as to maintain and promptly update your Registration Information to maintain its currentness and accuracy. If you provide any information that is untrue, inaccurate, offensive, not current or incomplete, or KICKBACK has reasonable grounds to suspect that such information is untrue, inaccurate, offensive, not current or incomplete, KICKBACK has the right to suspend or terminate your account(s) without notice to you and to refuse any and all of your current or future use of our System.
5.2 Account Holder Age Restriction
KICKBACK provides a service which allows for the purchase and sale of tickets to events via credit card and other digital transactions, many of which may form the basis for contracts; further KICKBACK provides a means by which its Users may view, access or host certain events which may be only intended for private or mature audiences. For these reasons and because KICKBACK respects the rights, privacy and safety of all its Users, you are not permitted to create an account with us if you are under 18 years of age. When you create an account you certify that you meet this age requirement. If you do not meet this age requirement but you still create an account, or if we suspect you do not meet this age requirement, we will consider you in violation of these TOU and may terminate your account(s) immediately without prior notice to you and may refuse to process any of your pending transactions.
5.3 Passwords and Account Security
When registering your account with us, you will create an account name (your email) and a password. You are responsible for maintaining the confidentiality of your account name and password, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by any other parties whom you authorize or allow to use your account, either directly or implicitly. In the event of any unauthorized use of your password or account or other breach of security or attempt thereof, you agree to immediately notify KICKBACK; further you agree to ensure that you exit from your account at the end of each session in which you use it. KICKBACK cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree to notify KICKBACK of the dispute and that KICKBACK may, in its sole discretion, be the sole arbiter of such dispute and that KICKBACK’s decision (which may include termination or suspension of any account subject to dispute and/or report to any other bodies having competent jurisdiction over the issue) shall be final and binding on all parties.
5.4 Account Features (MyKickback)
Upon creation of an account with us, you will have access to the following basic features:
a basic account management page where you may create a profile, adjust your settings, create postings for new events and view history information of your past events;
a page tab which will direct you to an information field sheet with required information that you must provide in order to post an event;
linkage (controlled by us) from our Site to your PayPal account such that we may authorize and/or submit information for the processing of payments made by Purchasers to your event(s);
email and posting capability so that you may send official invitations to your private events through our Site and may post updates regarding any of your events;
other general features which may enhance your experience and/or capabilities as an Organizer, which we may provide and/or update from time to time.
5.5 Posting RequirementsA. Events
Any event for which you post and offer tickets to on our Site must be accurately and honestly described in terms of the time of its expected/intended occurrence, duration, location, cost of attendance, nature and intended audience/participants; you may not post or otherwise offer tickets to any event on our site that is discriminatory, hateful, pornographic or otherwise in violation of these TOU, particularly, and without limitation, Sections 3.1 and 3.2, by its nature of by virtue of audience/participants intended, expected, sought or invited.
B. Posting Information
When you offer tickets for sale through our Site, you agree to either post in your initial posting information, or to make available prior to the concerned Tipping Point, the following:
a brief description of the event including its time, location and lineup/featured presenters/instructors/sponsors etc. (if applicable);
basic information about yourself or your company as the event Organizer including contact information or other information that Purchasers may need to get necessary information about the event;
the cost of tickets and information regarding any other items which might materially impact the cost of attendance;
an accounting of the total number of tickets needed to reach the Tipping Point;
any terms and conditions of ticket sale and/or attendance which you intend to enforce including age or other similar restrictions on ticket purchase or attendance, as well as your policy concerning refunds and/or rescheduling;
any other information elements which might materially impact the experience of a Purchaser or otherwise have an effect on his/or her ability to attend the event or his/her safety in doing so.
When offering tickets to an event, whether public or private, in the posting/invitation, you must convey the threshold of the Tipping Point; a Tipping Point must be at least 1 ticket and no Tipping Point may be reached less than 24 hours prior to the scheduled start of the event (meaning that you may assign a certain date by which your event must Tip, but in any case if your event has not Tipped prior to 24 hours before the scheduled time of the event, it will automatically be canceled). Likewise, you may not post or issue invites to an event scheduled to take place less than 24 hours from the time of posting/invitation. YOU WHOLLY AGREE AND ACKNOWLEDGE THAT IF YOUR EVENT DOES NOT TIP, PAYMENTS FOR PURCHASE ORDERS OF YOUR OFFERED TICKETS WILL NOT BE PROCESSED AND YOU WILL NOT RECEIVE ANY MONEY FOR SUCH PURCHASE ORDERS OR ANY EXPECTANCY THEREOF.
You agree that all ticketed events will honor advanced confirmation of tickets purchased for such events. When ticket purchase(s) is/are processed, we auto-generate an event ticket for each Purchaser and email it to them using the requisite information from the concerned event creation page; without limitation you agree that any and all such tickets generated by us shall be honored by you and shall function as advance confirmation from you to Purchasers buying such tickets and shall gain them admission to the concerned event upon presentation at entry/registration (if such presentation is required by you) for the concerned event. In all reasonably possible cases, tickets generated by us to serve as advanced confirmation shall bear a QR code which may be used for purposes of checking in ticket holders at the event if necessary. You will be able to view the advanced confirmation list at any time after your event has tipped and can email confirmed event attendees with updates concerning the event.
In all cases you must maintain a true, accurate and current list of Purchasers for your event which is at least held by you at the point of event entrance/registration/commencement so that you may properly confirm attendance of and admit Purchasers as they arrive. Such a list, as provided by us, may be accessed by you at your MyKickback Page.
5.7 Purchase Transactions
You are required to have a PayPal account when establishing an account with us. We do not currently facilitate transactions through other vehicles/methods. You understand and acknowledge that your receipt of payment for purchases of tickets offered for your event through our Site is governed and executed by PayPal and that once we authorize/send information to PayPal for the processing of any purchase payments of your offered tickets, you have no relationship with us or expectation of us regarding receipt of concerned monies of any kind and that any problems which you have or experience with such processing is entirely between you and PayPal. Our only responsibility to you in terms of payment processing is to authorize/send information for such processing upon the reaching of the Tipping Point for your event(s) and/or to do the same for purchase orders made after that Tipping Point has been reached. You further understand and acknowledge that PayPal has its own service fees, which it may deduct from processed payments to be received by you, and that we are in no way responsible for such fees or otherwise keeping you apprised of their existence, nature or amount.
When the Tipping Point for your event has been reached, we will provide the necessary authorization/information to PayPal to process payment for tickets to your event. Posting by us to PayPal typically occurs the same day as such provision but will be executed within a period of no more than 5 (Five) business days absent our prior notification to you of extenuating circumstances. When purchases are made for tickets to an event you have posted after that event has already Tipped, we will we will provide the necessary authorization/information to PayPal to process payment for tickets to your event. Posting by us to PayPal typically occurs the same day as such provision but will be executed within a period of no more than 3 (Three) business days absent our prior notification to you of extenuating circumstances. In most cases PayPal will take 3-5 (Three to Five) business days to process transfer of requested funds into any other account linked to your PayPal account; we are not responsible for, nor do we guarantee the timing of such transfer or make any binding representation as to the services controlled by PayPal. If your event does not Tip, we will not provide authorization/information needed to initiate processing of payment for any purchase orders made and you relieve of us from all responsibility and/or liability for doing so. WE DO NOT HOLD YOUR MONEY OR YOUR TICKETS AT ANY POINT DURING THE PURCHASE TRANSACTION OR PROCESSING OF THE SAME. Our fees for transactions are charged to the concerned Purchaser(s) and are transferred upon (and only upon) processing of payment for purchaser orders by PayPal to our account(s) without relation to or effect upon your own receipt of payments.
You agree to provide us with true and accurate information required to facilitate the processing of any payments to you and you agree and acknowledge that without such information we cannot do so.
We do not record or report tax information regarding monies received by you for any transaction concerning any tickets offered or events posted through our Site because we do not hold or issue any money for or to you at any time. Our own tax responsibilities concerning our Service Fees are executed entirely independently of your interests or involvement. You are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and/or other taxes, duties, levies and charges (collectively, "Taxes") may be applicable to your use of our Site and for collecting, remitting and reporting the correct amounts of all such taxes to the applicable governmental authorities. In the event that a governmental authority requires KICKBACK to pay any taxes or other tax related fees or costs attributable to your use of our Site, Services or System, you agree to indemnify and reimburse KICKBACK for such taxes and all costs, fees and expenses resulting or related thereto, including any costs of investigation, penalties, judgments, liens or attorney’s fees.
No portion of this statement or any other provision contained in these TOU shall be taken by you as tax advice in any form; KICKBACK may not advise or make any recommendations to you concerning your tax responsibilities/liabilities and does not purport to offer any such advice in this or in any other legal, accounting, or regulatory regard.
If you cancel an event after the Tipping Point for that event has been reached for any reason, either within or beyond your control, you agree to immediately notify all concerned Purchasers either through the email mechanism(s) provided via our Site (or if unavailable/insufficient, then through your own), and you agree to immediately notify us. If the cancelled event will be or may be rescheduled by you, or has already been, you must also notify all concerned Purchasers of the change; rescheduled events are still considered “canceled” for the purposes of these TOU.
If your event is cancelled after the Tipping Point for it has been reached, you must issue refunds immediately to all concerned Purchasers and/or if the event is or is to be rescheduled, you must still make refunds available to any concerned Purchasers who request them. Cancelled/Rescheduled events will not be hosted within our System; we will remove your post and any availability for Purchasers to interact further with it. In no case shall an event be considered as having returned below/before the Tipping Point upon the basis of any issued refunds or other results from cancellation/rescheduling. If you wish to have your rescheduled event reposted on our Site, you must create a new posting for the event and notify us in the posting information field that it is a rescheduled event which was previously posted to our site but then cancelled. Allowing the reposting of any rescheduled event is entirely within our discretion.
Without restriction or limitation, you agree to indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly, of your cancellation/rescheduling of an event, your mishandling of any element of the payment processing, ticketing or confirmation procedures, or any User experience or injury derived from attendance or planned attendance at your event.
As an Organizer you are required to have a comprehensive refund policy in place and abide by that policy in the event of any cancellation/rescheduling of your event, or any other occurrence which may impact the experience of any Users attending your event or their ability to do the same. You agree to fully communicate this policy to any and all concerned Purchasers before the Tipping Point for your event is reached. You further agree that to not unreasonably delay any refunds due to any Purchasers under your own policy or as under these TOU, and you agree and acknowledge that KICKBACK has no responsibility to you or to any Users of any kind regarding the refund of monies paid to/processed for/received by/expected by you. All refunds issued by you must be in the same currency as originally received by you.
Your account(s) with KICKBACK and your status as an Organizer in so far as our Site, Service and System is concerned is a privilege provide to you by us and exists and is maintained entirely at our discretion. At any time, with or without cause, we may terminate/suspend your account(s) and/or terminate/suspend any pending transactions with regard to any events, whether or not they have Tipped. You agree that you release us now and forever from any liability incurred by you as a result of our termination/suspension of your account(s) and that you shall indemnify, defend and otherwise hold us harmless for any liability, claims, damages, liens, penalties, fines or fees (including attorney’s fees and/or accounting fees) which we incur or are brought against us by any party as a result, either directly or indirectly of our decision to terminate your account(s). You acknowledge that without limitation, grounds for termination of your account(s) may include any cancellation of any event by you, any User complaints about your event(s) or your conduct otherwise as an Organizer or User generally, any refusal or failure by you to meet your obligations for refunds under these TOU or your own policies, by the order/request of any regulatory, investigatory, law enforcement, government or judicial agency/entity, any violation by you of any provision in this, Part V, of these TOU or party Part III or any other Part, provisions or section thereof. You understand and acknowledge that our termination/suspension of your account(s) do not requirement prior notice to you.
General Terms and Conditions
11. No Warranty
KICKBACK does not guarantee that our website and services will be error free or completely secure, or will operate in an uninterrupted manner, or that errors or defects will always be corrected.
YOUR USE OF THE WEBSITE, THE SYSTEM, AND OUR SERVICES IS AT YOUR SOLE RISK. KICKBACK MAKES NO WARRANTY THAT OUR WEBSITE, SYSTEM OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. OUR SERVICES, SITE AND SYSTEM ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT (INCLUDING, WITHOUT LIMITATION, PATENT, TRADEMARK OR COPYRIGHT INFRINGEMENT), AVAILABILITY, RELIABILITY, TIMELINESS, ACCURACY, SECURITY, COMPLETENESS, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT OR SYSTEM INTEGRATION, WHETHER ARISING BY LAW, EQUITY, CUSTOM OR CONDUCT. KICKBACK MAKES NO WARRANTY OF ANY KIND AS TO THE RESULTS THAT MAY BE OBTAINED FROM OUR SERVICES. FURTHERMORE, KICKBACK MAKES NO WARRANTY OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, REGARDING ANY OFFER SERVED/PRESENTED VIA OUR SERVICES OR ANY PRODUCTS, OR ANY SERVICES OR BENEFITS ORDERED OR OTHERWISE ACQUIRED THROUGH OUR COMPANY OR SYSTEM OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR SERVICES/SYSTEM. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED FROM OUR SITE, INCLUDING ANY CODE, OR THROUGH THE USE OF ANY OF OUR SERVICES, IS DONE AT YOUR SOLE RISK AND DISCRETION AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE CAUSED TO YOUR SYSTEM, YOUR SERVICES, YOUR BRAND/IMAGE/REPUTATION, YOURSELF OR THE LIKE AS A RESULT OF THIS DOWNLOAD OR YOUR USE OF OUR SERVICES AND/OR SYSTEM OTHERWISE.
12. Limitation of Liability
OUR LIABILITY TO ANY AND ALL USERS, INCLUDING BOTH PURCHASERS AND ORGANIZERS, IS STRICTLY LIMITED. WITH REGARD TO ALL USERS WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES OF ANY KIND; THE USER EXPERIENCE AND PERMISSIONS OF KICKBACK IS PROVIDED SOLELY AT OUR DISCRETION AND WE ARE NOT RESPONSIBLE TO USERS FOR ANY EXPECTATION OR REQUIREMENT WHICH MAY BE HAD WITH REGARD TO THE USE OF OUR SYSTEM OR SITE, OR FOR ANY EXPECTATION OR REQUIREMENT WHICH MAY RESULT FROM ANY OFFER OR REPRESENTATION MADE BY ANY ORGANIZER INCLUDING WITHOUT LIMITATION ANY TICKET PURCHASE, SPECIAL PURCHASE DEAL, SWEEPSTAKE, PRIZE, PROMOTION OR THE LIKE. WITH REGARD TO ORGANIZERS WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITIES OF ANY KIND UNLESS OTHERWISE AGREED BY INDEPENDENT CONTRACT. IN ANY CASE OUR LIABILITY UNDER SUCH CONTRACT OR TO ANY USER OTHERWISE SHALL BE STRICTLY LIMITED TO THE ACTUAL VALUE OF THE CONTRACT OR A REFUND OF AMOUNTS PAID TO US IN THE FORM OF SERVICE FEES CHARGED UPON THE PURCHASE MADE BY THE CONCERNED PARTY UPON A SPECIFICALLY CONCERNED TRANSACTION AT AND ONLY AT THE TIME THAT SUCH LIABILITIES ATTACHED, OR $100.00 (ONE HUNDRED DOLLARS) WHICHEVER IS LESS, IF WE ARE ADJUDGED AS RESPONSIBLE BY A COURT OF COMPETENT JURISDICTION.
14. Reservation of Intellectual Properties
Various information, images and other content contained within and otherwise comprising portions of the KICKBACK Website and System constitutes and may otherwise be construed as intellectual property of KICKBACK, including without limitation various trademarks, copyrights, patents and patentable subject matter, trade secrets, and data elements and source and object code. Unless otherwise expressly permitted by KICKBACK in writing or as expressly (not implicitly) allowed under these TOU, you are never permitted to make use of or to download, access, sublicense or sell any such materials. KICKBACK expressly and implicitly reserves all rights to all its intellectual properties now known or unknown, and failure of KICKBACK to claim or otherwise contemplate any of its rights or potential rights to the same shall not constitute any waiver of any kind.
15. No Waiver
Any failure, oversight, omission or the like on the part of KICKBACK in the reservation, claiming, assertion or enjoyment of any right which it may claim under these TOU or generally through the operation of its System, Website and/or general business activity, now known or unknown, shall not constitute any waiver of any kind.
16. General Age Restriction
As discussed and set forth at various sections herein, the KICKBACK System, Website and Services is not intended to be accessed or otherwise used by any person(s) under the age of 14 (fourteen) and in certain cases particular elements of the KICKBACK System, Website and Services shall not be intended or allowed as accessible or otherwise usable by any person(s) under other ages, such as 18 (eighteen) and 21 (twenty-one). Any violation of this restriction by any person or entity constitutes a violation of these TOU, for which KICKBACK is indemnified by you and otherwise disclaims liability and may terminate/suspend your usage rights and/or account(s).
17. Prohibition on Infringing or Offensive Content
The submission or use of any infringing, false, defamatory or offensive content by any User is prohibited by KICKBACK and any violation of this restriction by any person or entity constitutes a violation of these TOU, for which KICKBACK is indemnified and otherwise disclaims liability.
18. DMCA and Third Party Content
KICKBACK takes copyright and other intellectual property right infringement claims seriously and in the event that KICKBACK receives any bona fide take down order under the Digital Millennium Copyright Act, KICKBACK will comply with such order and will only consider restoration of such content upon a confirmation of non-infringement by a concerned party in the form of a final judgment, arbitration decision or proof of license, or upon KICKBACK’s own investigation and determination, where the latter shall only be conducted at KICKBACK’s sole discretion. KICKBACK shall proceed in a similar fashion regarding any third party claim of infringement as to any submission without proper authorization, by any User, of content held by a third party. Any such action as described under this section by any User may be a violation of these TOU and subject the submitting party/parties to indemnification of KICKBACK as discussed throughout and specifically above at Section 13.
19. Dispute Resolution
All legal proceedings arising out of or in connection with these Terms of Service shall be brought solely in the state or federal courts seated in the City and County of San Francisco, California, which will have exclusive jurisdiction and venue under this agreement.
20. Governing Law
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions.
KICKBACK reserves the right to make amendments to these Terms of Service or to update them at any time. Any such modification, addition, deletion or amendment, shall become effective immediately. It is solely the responsibility of any and all Users and any other concerned or potentially effected entity to review these Terms and Conditions from time to time; KICKBACK is not obligated to provide any notification of such amendments to any of the aforementioned parties.
Any term or provision of these TOU which is adjudged or otherwise determined by a court or other body of competent and authoritative jurisdiction to be illegal or unenforceable shall be automatically deemed as null and void and struck from these Terms and Conditions without any effect to or upon the legality or enforceability of any other provisions contained herein.
23. Entire Agreement
These Terms and Conditions constitute the entire agreement between KICKBACK and you, except to the extent that any expressly agreed upon and written contract is subsequently established between KICKBACK and you in regard to subject matter unrelated to these TOU or otherwise conflicting and expressly designated as controlling, otherwise these TOU supersede all other agreements between KICKBACK and you to any extent regarding shared subject matter or conflicting provisions.
THANK YOU FOR CHOOSING KICKBACK TICKETS!