Accepting These Terms 1.1 What's What.
ShakeSphere's products, features and offerings are available (a) online through various ShakeSphere properties including without limitation, SoldOutt, ;(b) off platform, including without limitation, entry management, marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "ShakeSphere Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by SoldOutt in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content." 1.2 Who's Who. When these Terms use the term "Seller," we mean event creators or product owner listing products and services using the Services to create events or product offering displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), (b) buy products or vouchers, (C) Fund raising campaigns or (d) for any other reason. Sellers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your." When these Terms use the term "ShakeSphere," "we," "us," or "our," that refers to ShakeSphere Co., Ltd. and each of its and their respective officers, directors, agents, partners and employees.
1.3 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in the comprise ShakeSphere's "Terms." These Terms are a legally binding agreement between you and ShakeSphere governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself. 2. ShakeSphere's Services and Role 2.1 What We Do. ShakeSphere's Services provide a platform for Sellers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events, including but not limited to other general products or voucher deals, fund raising campaign to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the ShakeSphere Properties. 2.2 How We Fit In. ShakeSphere is not the creator, organizer or owner of the events, products, vouchers and fund raising campaign listed on the Services. Rather, ShakeSphere provides its Services, which allow Sellers to manage ticketing and registration and promote their events, products and vouchers. The Seller is solely responsible for ensuring that any event page, product, voucher, fund raising campaign displaying on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page, including products or vouchers are delivered as described and in an accurate satisfactory manner, including but not limited to the product quality, delivery time, product claim. The Seller of a paid event, product, voucher, fundraising campaign selects the payment processing method for its event i.e. bank transfer including without limitation, credit cards. Consumers must use whatever payment processing method the Seller selects. If the Seller selects a payment processing method that uses a third party to process the payment, then neither ShakeSphere nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Seller's designated payment provider. ShakeSphere acts as the Seller's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Seller.
5. License to the ShakeSphere Services 5.1 License to Services. We grant you a limited, non-exclusive, non-transferable, non-sublicensable (except to sub-Users registered via the Services), revocable right to use our Services solely to (a) browse the Services and search for, view, register for or purchase tickets or registrations to an event listed on the Services; and/or (b) create event registration, organizer profile and other webpages to promote, market, manage, track, and collect sales proceeds for an event (c) list products or vouchers with its details (d) organize fund raising campaigns. Your use of the Services must be in compliance with these Terms and in compliance with all applicable local, state, provincial, national and other laws, rules and regulations. 5.2 Use of Sub-domains. ShakeSphere may provide you with the right to use a sub-domain within the Site (e.g., [sub-domain prefix].soldoutt.com) for a given event or Seller. All such sub-domains are the sole property of ShakeSphere and we reserve the right to determine the appearance, design, functionality and all other aspects of such sub-domains. In the event ShakeSphere provides you with a sub-domain, your right to use such sub-domain will continue only for so long as your event, product, voucher, or fund raising campaign is actively selling on the Services and you are in compliance with the Terms, including without limitation, these Terms of Service. If ShakeSphere terminates your right to use a sub-domain for any other reason, it will provide you with a new sub-domain.
5.3 Use of own domain names. Seller may use and own a domain name while using only the Site as a part of ticket, merchandise, and voucher selling, including fund raising platform from ShakeSphere’s products. ShakeSphere has no responsibility on the performance or any information on the sites using the domain name of the Seller. The Seller shall ensure to comply with local and international laws in terms of contents, events, and products on the site using the domain name. Any change on the Seller’s domain name without pre-informing ShakeSphere in written form in advance shall not be liability to ShakeSphere for the impacts to ShakeSphere’s products and ShakeSphere reserves the right to charge for any damage to ShakeSphere’s products from such a change accordingly.
6. Licenses and Permits Sellers Must Obtain If you are a Seller, without limiting the generality of any representations or warranties provided elsewhere in these Terms of Service, you represent and warrant to us that: (a) You and your affiliates will obtain, prior to the start of ticket sales, product, voucher, or fund raising campaign, all applicable licenses, permits, and authorizations (individually and collectively, "Licensure") with respect to events, products, vouchers, or fund raising campaigns hosted or be sold by you or your affiliates on the Services. Licensure includes but is not limited to property operation permits and fire marshal permits; (b) You and your affiliates will comply, and will ensure that the venues for each event hosted by you or your affiliates on the Services will comply, with all applicable laws, regulations, rules and ordinances; (c) You will only request that ShakeSphere offer tickets to an event, product, voucher, or fund raising campaign after you have obtained any specific Licensures for such event, product, voucher, or fund raising campaign, including, but not limited to, any state, county, municipal or other local authority's authorization of the event, traffic engineering authorizations, fire department inspection reports, authorization to receive minors (if applicable), sanitary authorization (if applicable), and any other potential applicable authorization; and (d) you and your affiliates will maintain in force throughout the term of access to the Service the applicable Licensure for organizer or seller to promote, produce, sponsor host and sell tickets for all events, products, vouchers, or fund raising campaigns hosted by you or your affiliates on the Services (d) Without limiting the generality of any release provided under these Terms of Service, as a material inducement to ShakeSphere permitting you to access and use the Services, you hereby agree to release ShakeSphere, and each of its and their respective parent companies, officers, affiliates, representatives, shareholders, contractors, directors, agents, partners and employees from all damages (whether direct, indirect, incidental, consequential or otherwise), losses, liabilities, costs and expenses of every kind and nature, including, without limitation, attorneys' fees, known and unknown, arising out of or in any way connected with your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. (e) Without limiting your indemnification obligations elsewhere under these Terms of Service, you agree to defend, indemnify and hold ShakeSphere, and its affiliates and subsidiaries, and each of its and their respective officers, directors, agents, co-branders, licensors, payment processing partners, other partners and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any Claim due to or arising out of your or your affiliates' Licensure, any failure to obtain or maintain any Licensure, or any error in obtaining or maintaining any Licensure. You agree to provide evidence of Licensure and related information prior to offering tickets or registrations for events on the Site, selling product, voucher, or raising fund and promptly upon the reasonable request of ShakeSphere from time to time.
7. Fees and Refunds. 7.1 Fees That We Charge. Creating an account, listing an event, product, voucher, or fund raising campaign and accessing the Services subject to agreement between ShakeSphere and you. However, we charge fees when you sell or buy paid tickets or registrations, sell products, vouchers, or organize fund raising campaigns. These fees may vary based on individual agreements between ShakeSphere and certain Sellers. In addition, certain fees are meant, on average, to defray certain costs incurred by ShakeSphere, but may in some cases include an element of profit and in some cases include an element of loss. ShakeSphere does not control (and thus cannot disclose) fees levied by your bank and/or credit card company, including fees for purchasing tickets and registrations in foreign currencies or from foreign persons. Be sure to check with your bank or credit card company prior to engaging in a transaction to understand all applicable fees, credit card surcharges and currency conversion rates.
7.2 Bank Transfer Processing Disclaimer
(a) If the Seller of a paid event, product, voucher, or fund raising campaign selects the payment processing method as bank transfer, bank transfer payment is valid with the uploaded image by the user matches the information provided in the registration information.
As ShakeSphere does not have access to the Bank Account for receiving payments, ShakeSphere is not entitled to guarantee the accuracy of amount deposited in the Bank Account. The obligation of the payment verification shall be entitled to the Seller and in the case that there is any malfunctioning, upon request, ShakeSphere team may void the order and deactivate the ticket(s) within that order making it impossible for the ticket holder to check-in at the venue or no delivery of products, or vouchers.
(b) Bank Transfer processing is provided as a third-party service for a fee in return only. ShakeSphere does not act as a monetary firm and/or have no right or claim on the amount transferred to the Bank Account.7.3 Refunds (a) If you are a Consumer, the refund terms shall be solely according to the Seller. You acknowledge that should you receive a refund for your ticket, you will discard any ticket that we or any Seller has delivered, and will not use it (or any copy of it) to attend the event. For the products and vouchers, the items will not be delivered to you. Violation of the foregoing constitutes fraud. You acknowledge that the applicable procedure to check the validity of the ticket must always be followed. ShakeSphere will not be held liable under any circumstances for any costs arisen from non-compliance by Sellers with applicable procedures that must be implemented by Sellers to check validity of tickets, or delivery of any returned products. ShakeSphere will not be held liable under any circumstances for costs and/or damage associated with tickets, products, vouchers, or fund raising campaign arisen from situations with fraud and/or for damage associated with the purchase or payment.
(b) If you are a Seller, you acknowledge that the applicable procedure to check the validity of the ticket, product, voucher, or fund raising campaign must always be followed. The refund policy to Consumers can be indicated by the Seller. Any refund from the credit card provider which is not caused by ShakeSphere system shall be charged back to back with you during the settlement period as agreed upon by ShakeSphere and you. The sevice fee shall not be refunded for any cases which is not caused by ShakeSphere.
8. Modifications to the Terms or Services ShakeSphere reserves the right to modify these Terms from time to time (collectively, "Modifications"). If we believe the Modifications are material, we will inform you about them by doing one (or more) of the following (a) posting the changes through the Services; (b) updating the "Updated" date at the top of this page; or (c) sending you an email or message about the Modifications. Modifications that are material will be effective thirty (30) days following the "Updated" date or such other date as communicated in any other notice to you. Modifications that are simply addressing new functions we add to the Services or which do not impose any additional burdens or obligations on you will be effective immediately. You are responsible for reviewing and becoming familiar with any Modifications. Your continued use of the Services following Modifications constitutes your acceptance of those Modifications and the updated Terms. In certain circumstances, ShakeSphere may seek a Modification to these Terms that will only apply to you. This type of Modification must be accomplished by way of a written or electronic document signed by you and an authorized officer of ShakeSphere.
1.3 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in the comprise ShakeSphere's "Terms." These Terms are a legally binding agreement between you and ShakeSphere governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
If the Seller or Consumer provides Personal Data for a certain purpose, ShakeSphere may use the Personal Data in connection with the purpose for which it was provided. For instance, if the Seller or Consumer contacts ShakeSphere by e-mail, ShakeSphere will use the Personal Data the Consumer provides to answer the Seller’s or Consumer’s question or resolve the Seller’s or Consumer’s problem and will respond to the email address from which the contact came.
Access and Use
If the Seller or Consumer provide Personal Data in order to obtain access to or use of the Services or any functionality thereof, ShakeSphere will use the Seller’s or Consumer’s Personal Data to provide the Seller or Consumer with access to or use of the Services or functionality and to analyze the Seller’s or Consumer’s use of such Services or functionality. For instance, if the Seller or Consumer supplies Personal Data relating to the the Seller’s or Consumer’s identity or qualifications to use certain portions of the Services, ShakeSphere will use that information to make a decision as to granting the Seller or Consumer access to use such Services and to assess the Seller’s or Consumer’s ongoing qualification to use such Services e.g. Zoom registration, third-party service registration.
Internal Business Purposes
ShakeSphere may use the Seller’s or Consumer’s Personal Data for internal business purposes, including without limitation, to help ShakeSphere improve the content and functionality of the Services, to better understand ShakeSphere’s Users, to improve the Services, to protect against, identify or address wrongdoing, to enforce the ShakeSphere’s Terms of Service, to manage the Seller’s or Consumer’s account and provide the Seller or Consumer with customer service, and to generally manage the Services and ShakeSphere’s business.
ShakeSphere Marketing Communications
Where it is in accordance with the Seller’s or Consumer’s marketing preferences, ShakeSphere may use the Seller’s or Consumer’s Personal Data to contact the Seller or Consumer in the future for ShakeSphere’s marketing and advertising purposes, including without limitation, to inform the Seller or Consumer about services or events ShakeSphere believes might be of interest to the Seller or Consumer, to develop promotional or marketing materials and provide those materials to the Seller or Consumer, and to display content and advertising on or off the Services that ShakeSphere believe might be of interest to the Seller or Consumer.
Aggregated Personal Data