True Tickets

7/6/2018 Terms of Use

Welcome to DPZ Digital, Inc’s (“Company” or “True Tickets” or “we” or “our” or “us”) proprietary online blockchain-based ticketing service.  These Terms of Use (this “Agreement”) govern your use of such service, whether accessible through True Tickets’ websites, including www.true-tickets.com and www.truetickets.io, or its mobile device applications (collectively, the “Service”).  Please read this Agreement carefully, as it (among other things) requires in Section 14 that you and the Company arbitrate certain claims instead of going to court and restricts class action claims.  

Please press or click “Accept” if you agree to be legally bound by all terms and conditions herein.  If you are viewing this on your mobile device, you can also view this Agreement via a web browser at http://www.true-tickets.com/terms-of-use.  Your acceptance of this Agreement creates a legally binding contract between you and the Company.  If you do not agree with any aspect of this Agreement, then do not press “Accept,” in which case you may not use the Service. 

Note for Children.  Use of the Service by anyone under the age of 13 is prohibited.  Children under the age of 18 require parental approval.

Note on our Technology; How it Works. The Service is a blockchain ticketing platform and is contracted by venues, artists, promoters, or other primary ticketing companies (“Event Organizers”) to issue and sell tickets and may facilitate the resale of tickets in a secondary marketplace. In the event of any show cancellation or change, any refunds or reissues will be handled by the applicable Event Organizer. Because source and origin information related to the tickets are maintained on the Service, any refunds may be issued to the current ticket holder in lieu of the original purchaser. The Service may enable the “resale” of tickets in the True Tickets “Marketplace” at more than face value, in accordance with established rules and policies set forth by the Event Organizer and expressly identified under “View Ticket Rules and Fees” in the mobile application ticket. The Service also enables transfers of Ticket Rights (as defined below) at ticket face value to other Service users identified as “Friends” in the mobile application. Ticket “transfers” may not be transacted on the Service for more than the face value of the underlying ticket.  Any transfers conducted outside of the Service, or any transfers conducted for more than face value, enabled by an offline monetary transfer is an express violation of this Agreement. You understand and agree that when you make a purchase on the Service, you are not purchasing a ticket, but the right to activate the ticket on your mobile device (“Ticket Rights”) according to prescribed and published rules of the Event Organizers that may include but are not limited to geographical and/or time proximity to the event,  and that the terms of purchase may include restrictions on your ability to sell and transfer tickets, in accordance to applicable local laws and regulations. Our Service works in part by generating a unique blockchain ID, which is an encrypted string based upon an identification string unique to the device you use to access the Service and the email address you used to register. This encrypted string is placed into a “blockchain” which helps you and other relevant parties (purchasers, event organizers, artists, etc.) ensure that the validity of your Ticket Rights and to provide the Service’s functionality with respect to the underlying ticket.  However, please be aware that, as a result (and as described in our Privacy Policy), this encrypted string will remain in the blockchain for the Ticket Rights even if you delete your Service account (as described further in Section 8).

  1. Privacy Policy.  The Company’s Privacy Policy, at www.true-tickets.com/privacy-policy (the “Privacy Policy”), describes the collection, use and disclosure of data and information (including location and usage data) by the Company in connection with the Service.  The Privacy Policy, as may be updated by the Company from time to time in accordance with its terms, is hereby incorporated into this Agreement, and you hereby agree to the collection, use and disclosure practices set forth therein. 
  2. License to Use the App.  If you have downloaded and installed any of our mobile applications, including the True Tickets’ mobile device application or the True Tickets Companion Scanner application ( each, the “App”) on a compatible mobile device that you own or control, then subject to your compliance with all the terms and conditions of this Agreement, the Company grants you a limited, nonexclusive, nontransferable, revocable license to use such App for your personal, non-commercial purposes, in the manner enabled by the Company.  If you are using an App on an Apple, Inc. (“Apple”) iOS device or if you downloaded an App on an Android device via the Google Play Store from Google, Inc. (“Google”), the foregoing license is further limited to use permitted by the Usage Rules set forth in Apple’s App Store Terms of Service, or the applicable Google terms and conditions, respectively (collectively, the “App Store Terms”).  Any use of the Apps other than for use in compliance with applicable App Store Terms is strictly prohibited. Any use of our Apps other than for private, non-commercial use is strictly prohibited. 
  3. Ownership; Proprietary Rights.  As between you and the Company, the Company owns all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the Service, the software and technology used by the Company to provide Service features and functionality and all usage and other data generated or collected in connection with the use thereof (the “Company Materials”).  Except for as may be expressly set forth herein, you agree not to (i) use any robot, spider or other automatic device, process or means to access the Service, acquire Ticket Rights using the Service or circumvent any security measures or systems used on the Service; (ii) use any device, software or routine that interferes with the proper working of the Service nor shall you attempt to interfere with the proper working of the Service; (iii) take any action that imposes an unreasonable or disproportionately large load on the Service; (iv) access, reload or “refresh” transactional event or ticketing pages, or make any other request to transactional servers, more than once during any three second interval; or (v) reverse engineer, decompile, disassemble, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of the Company Materials. If you provide Company with any ideas, feedback or suggestions regarding the Service (“Feedback”), you hereby assign to Company all right, title and interest in and to such Feedback and acknowledge that Company shall have the right to exploit such Feedback and related information in any manner it deems appropriate on a worldwide, perpetual basis without payment of any compensation to you.  
  4. Prohibited Uses.  As a condition of your use of the Service, you will not use the Service for any purpose that is unlawful or prohibited by this Agreement, or would cause a breach of any applicable agreements with third parties to which you are bound (such as, by way of example, your agreement with your wireless data services carrier).  You may not use the Service in any manner that in our sole discretion could damage, disable, overburden, impair or interfere with any other party’s use of the Service.  You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Service.  In addition, you agree not to use false or misleading information in connection with your user account and acknowledge that we reserve the right to disable any user account with a profile which we reasonably believe is false or misleading (including a profile that impersonates a third party).  By using the Service, you represent and warrant that: (i) you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.    
  5. Mobile Services.  Use of the Service through the App requires usage of data services provided by your wireless service carrier. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the Service.
  6. Third-Party Products and Sites.  The Service may also include advertisements or other links that allow you to access web sites or other online services that are owned and operated by third parties.  You acknowledge and agree that the Company is not responsible and shall have no liability for the content of such third-party products, sites and services, or products or services made available through such third-party sites and services, or your use of or interaction with such third-party sites or services. 
  7. Third-Party Services.  The Service may include features or functionality that interoperate with online services operated by third parties such as Facebook (such services, “Third-Party Services”), pursuant to agreements between Company and the operators of such Third-Party Services (such agreements, “Third-Party Agreements” and such operators, “Operators”) or through application programming interfaces or other means of interoperability made generally available by the Operators (“Third-Party APIs”) which Company does not control.  Third-Party Agreements and Third-Party APIs (and the policies, terms and rules applicable to Third-Party APIs) may be modified, suspended or terminated at any time.  Company shall have no liability with respect to any such modification, suspension or termination.  You are responsible for ensuring that your use of the Service in connection with any Third-Party Service complies with all agreements, policies, terms and rules applicable to such Third-Party Service.
  8. Fees and Payments.  
    1. Payment processing for the Service is provided by Stripe, Inc. or such other third-party payment processor as we may utilize from time to time (“Payment Processor”), and in order to utilize certain aspects of the Service you will be required to agree to certain Payment Processor terms and conditions. We do not collect or store your credit card information. You can find out more about both our privacy practices and our Payment Processor’s privacy practice in our Privacy Policy and the links therein. By providing a credit card or other payment method accepted by True Tickets, you represent and warrant that you are authorized to use the designated payment method and that you authorize our Payment Processor to charge your payment method for the total amount of your transaction and any applicable fees (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled. You must resolve any problem we or our Payment Processor encounters in order to proceed with your use of your account.
    2. You acknowledge that by entering into this Agreement, you are also entering into the separate agreements referenced in Section 8.1 directly with our Payment Processor, that True Tickets is not a party to such separate agreements and that True Tickets is not an affiliate of our Payment Processor. You acknowledge and agree that True Tickets does not control our Payment Processor or its performance of payment processing services, and that True Tickets shall have no liability of any kind for any act or omission (including negligence) of our Payment Processor or any claim, demand, suit, damage, judgment, liability, loss, expense or cost incurred by you in relation to the performance or non-performance of payment processing services by our Payment Processor, other than to the extent to which any of the foregoing may arise from the gross negligence or willful misconduct of True Tickets.
  9. Termination.  You may terminate this Agreement at any time, for any reason or for no reason, by deleting your Service account through the Service user interface.  If you are for any reason unable to delete your account through the Service user interface, you may also send us a request for deletion of your account to customerservice@true-tickets.com.  Such requests will be honored within a reasonable time period after they have been received, provided that you give us all reasonably necessary information and cooperation.  As described above in the “Note on our Technology,” you understand and agree that when your Service account is deleted, all encryption keys associated with entries related to your transactions with respect to Ticket Rights on the Service will be deleted, however, the encrypted string on the blockchain will remain, and we cannot delete this. It is possible that this string could be decrypted by third parties using advanced hacking techniques, despite our use of advanced encryption technologies.  You agree that Company will have no liability for such malicious activities, or misuse of your personal data as a result thereof.  You agree that the Company, in its sole discretion, without prior notice and for any or no reason, may terminate this Agreement, your account or your use of the Service, cancel your orders or Ticket Rights acquired through the Service, refuse to honor pending and future orders for Ticket Rights made from all credit card accounts or online accounts True Tickets believes may be associated with you, cancel a pending purchase of Ticket Rights associated with any person acting or believed to be acting in concert with you or exercise any other remedy available, if True Tickets believes that your conduct or the conduct of any person with whom True Tickets believes you act in concert, or any resale of Ticket Rights purchased through the Service, violates or is inconsistent with this Agreement or the law, or violates the rights of True Tickets, a customer of True Tickets or another user of the Service..  Violating any limitations or terms on the Service, including but not limited to utilizing automated means to process or place orders for Ticket Rights or purchasing Ticket Rights for a number of tickets that exceeds the stated limit will be deemed to be a violation of this Agreement. If we are unable to verify or authenticate any information or Ticket Rights you provide during any registration, ordering, purchase, Ticket Right posting, sale, authentication, delivery, payment or remittance process, or any other process, or if we are no longer able to verify or authorize your credit card or bank account information, your orders may be canceled, we may refuse to honor all pending and future purchases made on such credit card accounts and/or on any online accounts associated with such credit card accounts, and you may be prohibited from using the Service. You agree that monetary damages may not provide a sufficient remedy to True Tickets for violations of this Agreement and you consent to injunctive or other equitable relief for such violations. We are not required to provide any refund to you if we exercise any of our rights or remedies because you have violated this Agreement or any of our rights. The Company may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice.  You agree that any termination of your use of the Service or any account you may have or portion thereof may be effected without prior notice, and you agree that the Company shall not be liable to you or any third party for any such termination.  Sections 3–15 and 17-19 will survive any termination of this Agreement.
  10. Apple.  You hereby acknowledge and agree that Apple: (i) is not a party to this Agreement; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the Service; (iii) is not responsible for addressing claims by you or any third party relating to the Service, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the Service or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of this Agreement with the right to enforce its terms against you directly.
  11. Disclaimers; No Warranties.  WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY TICKET PURCHASED OUTSIDE THE SERVICE. THE SERVICE AND ANY MEDIA, INFORMATION OR OTHER MATERIALS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY, AND ITS LICENSORS AND PARTNERS, DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.  THE COMPANY AND ITS LICENSORS AND PARTNERS DO NOT WARRANT THAT THE FEATURES AND FUNCTIONALITY OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE AVAILABLE THE FEATURES AND FUNCTIONALITY THEREOF ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.  IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE FOREGOING DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
  12. Indemnification; Hold Harmless.  You agree to indemnify and hold the Company and its affiliates, officers, directors, employees, agents, and third-party partners and suppliers harmless from any claims, losses, damages, liabilities, costs and expenses, including reasonable attorney’s fees, (any of the foregoing, a “Claim”) arising out of or relating to your use or misuse of the Service or any third party product or service, violation of this Agreement or infringement, misappropriation or violation of the intellectual property or other rights of any other person or entity, provided that the foregoing does not obligate you to the extent the Claim arises out of the Company’s willful misconduct or gross negligence.  The Company reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
  13. Limitation of Liability and Damages.  UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM OR RELATE TO THE SERVICE, INCLUDING YOUR USE THEREOF, OR ANY OTHER INTERACTIONS WITH THE COMPANY, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE EXCEED FIVE U.S. DOLLARS.  APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE, THE COMPANY’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.  
  14. Arbitration.  
    1. Agreement to Arbitrate.  This Section 14 is referred to herein as the “Arbitration Agreement.”  The parties agree that any and all controversies, claims, or disputes between you and Company arising out of, relating to, or resulting from this Agreement, shall be subject to binding arbitration pursuant to the terms and conditions of this Arbitration Agreement, and not any court action (other than a small claims court action to the extent the claim qualifies).  The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
    2. Class Action Waiver.  THE PARTIES AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S).
    3. Procedures.  Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA“) rules and procedures (the “AAA Rules“), as modified by this Arbitration Agreement. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of this Agreement as a court would, including without limitation, the limitation of liability provisions in Section 13.  You may visit http://www.adr.org for information on the AAA and http://www.adr.org/fileacase for information on how to file a claim against the Company.  
    4. Venue. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less, you or Company may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on each party, but subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by either or both parties unless the arbitrator requires otherwise.
    5. Governing Law.  The arbitrator will decide the substance of all claims in accordance with the laws of the state of California, without regard to its conflicts of laws rules, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Service users but is bound by rulings in prior arbitrations involving you to the extent required by applicable law.
    6. Costs of Arbitration.  Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees“) will be governed by the AAA Rules.  Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees.
    7. Confidentiality.  All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties. 
    8. Severability.  If a court decides that any term or provision of this Arbitration Agreement other than Section 14.2 is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified.  If a court decides that any of the provisions of Section 14.2 is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of this Agreement will continue to apply.
  15. Claims.  YOU AND THE COMPANY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.  OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
  16. Changes to Agreement.  The Company may make modifications, deletions and/or additions to this Agreement (“Changes”) at any time.  Changes will be effective: (i) thirty (30) days after we provide notice of the Changes, whether such notice is provided through the Service user interface, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the Changes or a version of this Agreement incorporating the Changes, whichever comes first. 
  17. Electronic Communications.  When you communicate with the Company through the Service or send us e-mail, you are communicating with us electronically. You hereby: (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The foregoing does not affect any rights you may have which cannot be waived under applicable law.
  18. Miscellaneous.  This Agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law.  You agree that any action at law or in equity arising out of or relating to this Agreement or the Service that is not subject to arbitration under Section 14 shall be filed only in the state or federal courts in California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.  The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same.  A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.  If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not (except as otherwise set forth in Section 14.8) affect the validity and enforceability of any remaining provisions.  This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.  This is the entire agreement between us relating to the subject matter herein and shall not be modified except in a writing, signed by both parties, or by a change to this Agreement made by the Company as set forth herein.
  19. Contact Information.  The Service is provided by True Tickets.  If you have any questions, complaints or claims with respect to the Service, you may contact True Tickets at customerservice@true-tickets.com.