Welcome to Collard Tickets

Terms of Use

LAST UPDATED ON September 26, 2021

 

Agreement between User and Collard tickets

Please read this Terms of Use agreement (the “Terms of Use”) carefully. These Terms of Use govern the use of collardtickets.com,“Collard tickets” (the “Digital Properties”) of Collard tickets (“Collard tickets”), and apply to all users visiting the Digital Properties, including using the services and resources available or enabled via the Digital Properties (each a “Service” and collectively, the “Services”). By clicking on the “I Accept” or “Sign Up” button, completing the registration process, and/or browsing the website , YOU ARE ENTERING INTO A BINDING CONTRACT, and you represent that (1) you have read, understand, and agree to be bound by these Terms of Use, (2) you are of legal age to form a binding contract with Collard tickets, and (3) you have the authority to enter into the Terms of Use personally or on behalf of company you have named as the user, and to bind that company to these Terms of Use. The term “you” refers to the individual or company, as applicable, identified as the user when you registered with a Digital Property. If you do not agree to be bound by the Terms of Use, you may not access or use any Digital Property or the Services.

Please be aware that Section 14 of these Terms of Use, below, contains provisions governing how claims are resolved that you and we have against each other, including, without limitation, any claims that arose or were asserted prior to the effective date of these Terms of Use. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. Unless you opt out of the arbitration agreement: (1) you will only be permitted to pursue claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding; and (2) you are waiving your right to seek relief in a court of law and to have a jury trial on your claims.

Your use of, and participation in, certain Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental Service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Service. The Terms of Use and any applicable Supplemental Terms are referred to herein as the “Terms.”

PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY COLLARD TICKETS IN ITS SOLE DISCRETION AT ANY TIME. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Digital Properties and/or the Services. Otherwise, your continued use of the Digital Properties and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS.

 

Collard tickets Marketplace.

  1. Collard tickets. Collard tickets offers an online marketplace that allows Users (as defined below) to buy (each, a “Buyer”) and sell (each, a “Seller”) tickets and other related items to events (each or together (as the context may require), a “Ticket”). As such, our Services are merely designed to act as a marketplace to connect Buyers and Sellers, and Collard tickets makes no guarantee with respect (a) to the existence, quality, safety or legality of the Tickets, (b) the truth or accuracy of a Seller’s listings or content, (c) the ability of Sellers to sell Tickets or the ability of Buyers to pay for them, or (d) that a Seller or Buyer will complete any transaction.
  2. No Endorsement. Unless otherwise expressly stated by Collard tickets, the display of any Tickets or Sellers on our Digital Properties does not in any way imply, suggest or constitute an endorsement by us of those Tickets or that Seller, or any sponsorship of us by such Seller, or any other affiliation between such Seller and us.
  3. Tickets. Sellers set the Ticket prices/value (the “Ticket Price”) and the Ticket Prices may exceed the face value of the Ticket. Unless otherwise noted on a Ticket, on the listing or on a confirmation page or email, Tickets may be transferable, even if another person’s name appears on the face of the Ticket. Some Sellers may offer Tickets for sale, even though they may not have them in their possession at the time of their listing or completion of sale. In that case, it is still expected that all Sellers will have the Tickets delivered to you well in advance of the Event, and a failure to provide you the Tickets prior to the Event will be subject to the Buyer Guarantee. For further information regarding tickets that are not in the possession of the Seller at the time of sale, please see Section 5 regarding Speculative Ticketing. 
  4. Buying Tickets. Buyers are solely responsible for completing their transactions in their purchase of Tickets, including the payment of applicable fees. By committing to purchase a Ticket, you are entering into a binding contract with the Seller to purchase the applicable Ticket. All sales are final, and except for cancelled events, you will not receive a refund for any completed purchase. You cannot change or cancel orders after the sale is complete.
    1. Agreement. You agree to supply Seller and Collard tickets with the appropriate information necessary for delivery of tickets, including, but not limited to, email address and physical address (if applicable). If you provide incorrect information for the delivery of Tickets, or you are unavailable to receive the tickets when they are delivered, you will not be eligible for a refund or Buyer Guarantee (referenced below).
    2. Number of Tickets or “Ticket Limits”. In an effort to give all interested customers an opportunity to purchase Tickets to an event or other items via the Service and to discourage unfair Ticket buying practices, our clients often set limits on the number of seating and/or parking rights, or tickets a single customer may purchase. You will be advised of any such limits during the purchase process, or by a system limitation on the number of Tickets you may purchase during your online session. Tickets purchased for an event during multiple online sessions via the Service may be totaled to ensure that any limitations imposed by Collard tickets client is not exceeded. Each Collard tickets account must be linked to a unique individual, and must contain valid and verifiable information. Multiple accounts may not be used to circumvent or exceed published ticket limits. If you exceed or attempt to exceed the posted ticket limits for a particular event, Collard tickets may cancel, without notice, any or all Ticket purchase transactions made by you for such an event and return the Tickets to our Client, in addition to prohibiting your Ticket purchasing abilities for the event.
    3. Use of Ticket Bot Technology. You may not attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct Ticket transactions on the Collard tickets online marketplace. You may not use ticket bot technology to search for, reserve, or purchase Tickets through the Collard tickets online marketplace. For the avoidance of doubt, this specifically prohibits you from using automated ticket purchasing software on the Collard tickets online marketplace, and prohibits you from circumventing any security measure, access control system, or other technological control or measure on the Collard tickets online marketplace that is used to enforce posted event Ticket purchasing limits or to maintain the integrity of posted online Ticket purchasing order rules.
  5. Buyer Guarantee.
    1. Generally. We want Buyers to be able to buy Tickets with confidence. As such, with every qualified order, Collard tickets works to ensure: (i) Buyers will receive their Tickets by the date communicated to them at the time they placed their order; (ii) the Ticket(s) purchased will be valid and honored by the applicable venue/event; (iii) the Ticket(s) will be the same as those you ordered; and (iv) if an event is cancelled we will provide you a refund or credit as described in Section 7.3. Due to the outbreak of COVID-19, certain venues and events may have additional restrictions on entry including, without limitation, screening for symptoms of COVID-19. If you are denied entry to a venue or event due to factors unrelated to whether your ticket is valid for entry, this Buyer Guarantee does not apply.
    2. How We Make It Right. In the event you experience any issue(s) covered by our Buyer Guarantee, please contact us immediately. We will work with you on a case-by-case basis to resolve any verified issue(s) covered by this Buyer Guarantee, by either providing you with a full refund or, subject to applicable laws, issuing you a credit for use on a future purchase, or finding replacement Ticket(s) of comparable or greater value, to be determined by Collard tickets in its sole discretion. As used herein “comparable or greater value” is determined by Collard tickets in its sole and reasonable discretion based on cost, quantity, availability and other relevant factors.
    3. Other Terms. In order to receive the benefit of this Buyer Guarantee, you must be in compliance with our Terms. If you fail to contact us immediately upon becoming aware of an issue with your Ticket(s), we may be unable to find your replacement Ticket(s) and/or obtain a full refund. Our Buyer Guarantee does not apply to cases of “buyer’s remorse” or any other reason not stated in Section 1.5(a).
  6. Collard tickets Properties. The Digital Properties, the Services, and the information and content available on or in the Digital Properties and the Services (as these terms are defined herein) (collectively, the “Collard tickets Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by Collard tickets in a separate license, your right to use any Collard tickets Properties is subject to the Terms.
    1. Updates. You understand that Collard tickets Properties are evolving. As a result, Collard tickets may require you to accept updates to Collard tickets Properties that you have installed on your computer or mobile device. You acknowledge and agree that Collard tickets may update Collard tickets Properties with or without notifying you. You may need to update third-party software from time to time in order to use Collard tickets Properties.
    2. Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Collard tickets Properties or any portion of Collard tickets Properties, including the Digital Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Collard tickets Properties (including images, text, page layout or form) of Collard tickets; (c) you shall not use any metatags or other “hidden text” using Collard tickets name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Collard tickets Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in or on the Digital Properties (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Digital Properties for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Collard tickets Properties in order to build a similar or competitive website, application or service; (g) except as expressly stated herein, no part of Collard tickets Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Collard tickets Properties. Any future release, update or other addition to Collard tickets Properties shall be subject to the Terms. You further acknowledge and agree that (i) you will not access any Digital Property for the purpose of bringing a claim or action against Collard tickets including, but not limited to patent infringement or ADA compliance, and (ii) agree that violation of the foregoing will result in a fee of not less than $1000,000. Collard tickets, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of Collard tickets Properties (in addition to any other right or remedies) shall result in the automatic and immediate termination of the licenses granted by Collard tickets pursuant to the Terms.

 

Registration.

  1. Registering Your Account. In order to access certain features of Collard tickets Properties you may be required to become a Registered User. For purposes of the Terms, “Registered User” is an end user of the Services (“User”) who has registered an account on the Digital Properties (“Account”), or has a valid account on the social networking service (“SNS”) through which the User has connected to the Services (each such account, a “Third-Party Account”).
  2. Access Through a SNS. If you access the Collard tickets Properties through a SNS as part of the functionality of the Digital Properties, the Application and/or the Services, you may link your Account with Third-Party Accounts, by allowing Collard tickets to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Collard tickets and/or grant Collard tickets access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Collard tickets to pay any fees or making Collard tickets subject to any usage limitations imposed by such third-party service providers. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND COLLARD TICKETS DISCLAIMS ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
  3. Registration Data. In registering an account on the Services, you agree to (1) provide true, accurate, current and complete information about yourself as prompted by the registration form (the “Registration Data”); and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You represent that you are (1) at least thirteen (13) years old; (2) of legal age to form a binding contract; and (3) not a person barred from using Collard tickets Properties under the laws, your place of residence or any other applicable jurisdiction. You are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to (1) notify Collard tickets immediately of any unauthorized use of your password or any other breach of security; and (2) exit from your Account at the end of each session. If you provide any information that is untrue, inaccurate, not current or incomplete, or Collard tickets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Collard tickets has the right to suspend or terminate your Account and refuse any and all current or future use of Collard tickets Properties (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself (and you agree that violation of the foregoing will result in a fee of not less than $1000,000). You agree that you shall not have more than one Account per platform or SNS at any given time. Collard tickets reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use Collard tickets Properties if you have been previously removed by Collard tickets, or if you have been previously banned from any of Collard tickets Properties.
  4. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Collard tickets.
  5. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Collard tickets Properties, including but not limited to, a mobile device that is suitable to connect with and use Collard tickets Properties, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Collard tickets Properties.

 

Ownership.

  1. Collard tickets Properties. You agree that Collard tickets and its suppliers own all rights, title and interest in Collard tickets Properties and all content therein or thereon. You agree that you have no right or title in or to any such content or the Collard tickets Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Digital Properties, the Services, or Collard tickets Properties.
  2. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Collard tickets through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Collard tickets has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Collard tickets a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Collard tickets Properties.

User Conduct.

  1. Unauthorized Use or Access. You agree that you will not, under any circumstances:
    1. Interfere or attempt to interfere with the proper functioning of Collard tickets Properties or connect to or use Collard tickets Properties in any way not expressly permitted by the Terms;
    2. Systematically retrieve data or other content from our Collard tickets Properties to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, spiders, or otherwise;
    3. Use, display, mirror or frame Collard tickets Properties, or any individual element within Collard tickets Properties, Collard tickets name, any Collard tickets trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Collard tickets express written consent;
    4. Use any unauthorized software that accesses, intercepts, “mines” or otherwise collects information from or through Collard tickets Properties or that is in transit from or to Collard tickets Properties, including, but not limited to, any software that reads areas of RAM or streams of network traffic used by Collard tickets Properties;
    5. Intercept, examine or otherwise observe any proprietary communications protocol used by a client, a server or Collard tickets Properties, whether through the use of a network analyzer, packet sniffer or other device;
    6. Make any automated use of Collard tickets Properties, or take any action that imposes or may impose (in Collard tickets sole discretion) an unreasonable or disproportionately large load on the infrastructure for Collard tickets Properties;
    7. Bypass any robot exclusion headers or other measures Collard tickets takes to restrict access to Collard tickets Properties, or use any software, technology or device to send content or messages, scrape, spider or crawl Collard tickets Properties, or harvest or manipulate data;
    8. Use, facilitate, create, or maintain any unauthorized connection to Collard tickets Properties, including, but not limited to: (i) any connection to any unauthorized server that emulates, or attempts to emulate, any part of Collard tickets Properties; or (ii) any connection using programs, tools or software not expressly approved by Collard tickets;
    9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide Collard tickets Properties, or to obtain any information from Collard tickets Properties;
    10. Upload, post, e-mail, transmit or otherwise make available any material 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;
    11. Solicit or attempt to solicit personal information from other Users of Collard tickets Properties;
    12. Use Collard tickets Properties to collect, harvest, transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
    13. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting, or in any way use Collard tickets Properties to send altered, deceptive or false source-identifying information; or
    14. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, but not limited to, clear GIFs, 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as “spyware,” “passive collection mechanisms” or “pcms”).

 

Fees, Purchase Terms, and Credits.

  1. Service Fees. Collard tickets may charge fees for buying and/or selling Tickets through our Services, as well as delivery or fulfillment fees (collectively, “Service Fees”), which is made available to you prior to buying or selling a ticket. Collard tickets reserves the right at any time to change its Service Fees and billing methods. Collard tickets may retain Service Fees if you do not fulfill your obligations hereunder or if the Event is cancelled. You must provide Collard tickets with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) (“Payment Provider”) a condition to signing up for the Services (each, a “Payment Method”). Your Payment Provider agreement governs your use of the designated credit or debit card, and you must refer to that agreement and not the Terms to determine your rights and liabilities. By providing Collard tickets with your credit or debit card number and associated payment information, you agree that Collard tickets is authorized to immediately invoice your Account for all fees and charges due and payable to Collard tickets hereunder and that no additional notice or consent is required. You agree to immediately notify Collard tickets of any change in your billing address or the credit or debit card used for payment hereunder.
  2. Payments by Buyers. As a Buyer you agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable.
  3. Event Cancellations and Postponement.
    1. Event Cancellation. If an event is cancelled and not rescheduled (a “Cancelled Event”), Collard tickets will remove the event and any listing related to the event from the Services, and provide Buyers with notice of the cancellation and further instructions. Buyers are required to retain their Ticket(s) with respect to Cancelled Events and send them back to Collard tickets or to the Seller, as directed by Collard tickets. A Buyer will receive a refund or, subject to applicable laws, a credit, to be determined in Collard tickets sole discretion, once the Buyer has sent back the Ticket(s) in the manner and within the timeline given by Collard tickets, and the Seller will not receive the Ticket Price. 
    2. Event Postponement. If an event is postponed, Collard tickets will work with Buyers, on a case-by-case basis, to attempt to resolve the issues. Refunds or credits will not be issued for postponed events, unless they are cancelled.
    3. Other Event Changes. Collard tickets is not responsible for any other event changes, such as partial performances, venue, line-up or time changes. No refunds or credits will be issued under such circumstances.
  4. Third Party Payment Provider. Collard tickets uses Paymob for payment processing services. By using the Paymob payment processing services you agree to the Paymob privacy & policy agreement available at https://www.paymob.com/en/policy
  5. Credits. Collard tickets may offer promo codes, discount credits, or other types of credits (“Credits”). In order to utilize the Credit, you need to create an account through the Digital Properties and input your information. Credits will expire on the date stated in the offer. If no expiration date is listed, Credits will expire one year after the first day it can be utilized by you. Unless otherwise stated, a Credit is for one-time use only. Thus, if the total price of the Ticket(s) purchased is/are less than the monetary amount of the Credit, the difference cannot be utilized in subsequent purchases. Additionally, a Credit may not be copied, reproduced, distributed, or published either directly or indirectly in any form or stored in data retrieval systems without our prior written approval. Collard tickets reserves the right to withdraw or deactivate any Credit (other than one which has been purchased) for any reason, at any time. Pursuant to Section 1.5, in some circumstances involving the Buyer Guarantee, you may be eligible to select either a refund or a Credit. Upon making a selection between either a refund or a Credit, you will not be able to switch your choice. Credits may only be redeemed through the Digital Properties, and not through any other website or method of communication.

 

Indemnification. You agree to indemnify and hold Collard tickets, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Collard tickets Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) as a Seller, the content of your listings and any errors, inaccuracies or omissions therein; (b) your use of, or inability to use, Collard tickets Properties; (c) your violation of the Terms; (d) your violation of any rights of another party, including any end users of the Services; (e) your violation of any applicable laws, rules or regulations; or (f) any disputes or claims between you and any other User. Collard tickets reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Collard tickets in asserting any available defenses. This provision does not require you to indemnify any of the Collard tickets Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Digital Properties or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Terms or your access to Collard tickets Properties.

 

Disclaimer of Warranties and Conditions.

  1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF COLLARD TICKETS PROPERTIES IS AT YOUR SOLE RISK, AND COLLARD TICKETS PROPERTIES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. COLLARD TICKETS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT ARISING FROM USE OF THE WEBSITE, APPLICATION OR SERVICERS.
    1. COLLARD TICKETS PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) COLLARD TICKETS PROPERTIES WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF COLLARD TICKETS PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF COLLARD TICKETS PROPERTIES WILL BE ACCURATE OR RELIABLE.
    2. THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. COLLARD TICKETS MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
    3. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM COLLARD TICKETS OR THROUGH COLLARD TICKETS PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
    4. FROM TIME TO TIME, COLLARD TICKETS MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT COLLARD TICKETS SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.
  2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT COLLARD TICKETS PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD COLLARD TICKETS PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.
  3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF COLLARD TICKETS PROPERTIES. YOU UNDERSTAND THAT COLLARD TICKETS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR LISTINGS OF USERS OF COLLARD TICKETS PROPERTIES. ANY TICKETS PURCHASED OR SOLD THROUGH COLLARD TICKETS PROPERTIES ARE AT YOUR OWN RISK, AND COLLARD TICKETS MAKES NO REPRESENTATIONS OR WARRANTIES THAT ANY TICKET IS VALID, THAT ANY BUYER WILL PAY FOR A TICKET, THAT ANY SELLER WILL SELL A VALID TICKET, OR THAT ANY PARTY WILL COMPLETE A TRANSACTION.

 

Limitation of Liability.

  1. Disclaimer of Certain Damages. YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL COLLARD TICKETS PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH COLLARD TICKETS PROPERTIES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER OR NOT COLLARD TICKETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF COLLARD TICKETS PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE COLLARD TICKETS PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH COLLARD TICKETS PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON COLLARD TICKETS PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO COLLARD TICKETS PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COLLARD TICKETS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COLLARD TICKETS PARTY’S NEGLIGENCE; FOR(B) ANY INJURY CAUSED BY A COLLARD TICKETS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION; OR (C) ANY DAMAGES THAT CANNOT BE DISCLAIMED BY APPLICABLE LAW.
  2. Cap on Liability. UNDER NO CIRCUMSTANCES WILL COLLARD TICKETS PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO COLLARD TICKETS BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A COLLARD TICKETS PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COLLARD TICKETS PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A COLLARD TICKETS PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION.
  3. User Information. EXCEPT FOR COLLARD TICKETS OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN COLLARD TICKETS PRIVACY POLICY, COLLARD TICKETS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY PERSONALIZATION SETTINGS.
  4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN COLLARD TICKETS AND YOU.

 

Remedies.

  1. Violations. If Collard tickets becomes aware of any possible violations by you of the Terms, Collard tickets reserves the right to investigate such violations. If, as a result of the investigation, Collard tickets believes that criminal activity has occurred, Collard tickets reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Collard tickets is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Collard tickets Properties in Collard tickets possession in connection with your use of Collard tickets Properties, to (1) comply with applicable laws, legal process or governmental request; (2) enforce the Terms, (3) respond to your requests for customer service, or (4) protect the rights, property or personal safety of Collard tickets, its Users or the public, and all enforcement or other government officials, as Collard tickets in its sole discretion believes to be necessary or appropriate.
  2. Right to Cancel Transaction; Other Remedies.
    1. Right to Cancel Transaction. In certain circumstances, we may cancel a Ticket transaction (whether a purchase, listing, and/or transfer) without notice and return the Tickets to our client or to the individual who held the Tickets prior to the completion of the transaction. Such circumstances include, but are not limited to, the following:
      1. if an event is canceled without being rescheduled;
      2. if the buyer’s payment method provider does not remit payment;
      3. if we or our client suspects, in our sole discretion, fraudulent or other illegal activity in connection with a Ticket transaction;
      4. if we or our client suspects, in our sole discretion, unauthorized or fraudulent use of a buyer, seller, and/or transferee’s account with us;
      5. if a buyer, seller, and/or transferee breaches these Terms of Use;
      6. if we or our client deems, in our sole discretion, that a Ticket transaction violates the law;
      7. if there is an error in the pricing of a Ticket offered for sale through our Service; and/or
      8. if we or our client believes, in our sole discretion, that a buyer, seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with a Ticket transaction.
    2. As part of the cancellation of any Ticket transaction, Collard tickets may remove any relevant sales proceeds from the resale Ticket seller’s Collard tickets account, process a reversal of a prior funds transfer made to the seller or charge the payment method on file for such seller and/or cancel a pending Ticket transaction, whether for resale Tickets or primary Tickets.
    3. Other Remedies In certain circumstances, we may, in addition to any applicable remedies listed above, (a) discontinue an individual’s registration with any of the Collard tickets Properties, including any of the Services; and/or (b) pursue any other action which Collard tickets deems appropriate. Such circumstances include, but are not limited to, the following:
      1. if we or our client suspects, in our sole discretion, fraudulent or other illegal activity in connection with a Ticket transaction;
      2. if we or our client suspects, in our sole discretion, unauthorized or fraudulent use of a buyer, seller, and/or transferee’s account with us;
      3. if a buyer, seller, and/or transferee breaches these Terms of Use;
      4. if we or our client deems, in our sole discretion, that a Ticket transaction violates the law; and/or
      5. if we or our client believes, in our sole discretion, that a buyer, seller, and/or transferee has otherwise engaged in inappropriate conduct in connection with a Ticket transaction.

Term and Termination.

  1. Term. The Terms commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Collard tickets Properties, unless terminated earlier in accordance with the Terms.
  2. Prior Use. Notwithstanding the foregoing, if you used Collard tickets Properties prior to the date you accepted the Terms, you hereby acknowledge and agree that the Terms commenced on the date you first used Collard tickets Properties (whichever is earlier) and will remain in full force and effect while you use Collard tickets Properties, unless earlier terminated in accordance with the Terms.
  3. Termination of Services by Collard tickets. If timely payment cannot be charged to your Payment Provider for any reason, if you have materially breached any provision of the Terms, or if Collard tickets is required to do so by law (e.g., where the provision of the Digital Properties or the Services is, or becomes, unlawful), Collard tickets has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Collard tickets sole discretion and that Collard tickets shall not be liable to you or any third party for any termination of your Account.
  4. Termination of Services by You. If you want to terminate the Services provided by Collard tickets, you may do so by ceasing to use the Services.
  5. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Upon termination of any Service, your right to use such Service will automatically terminate immediately. Collard tickets will not have any liability whatsoever to you for any suspension or termination. All provisions of the Terms which by their nature should survive, shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
  6. No Subsequent Registration. If your registration(s) with or ability to access Collard tickets Properties is discontinued by Collard tickets due to your violation of any portion of the Terms, then you agree that you shall not attempt to re-register with or access Collard tickets Properties through use of a different member name or otherwise, and you acknowledge that you will not be entitled to receive a refund for fees related to those Collard tickets Properties to which your access has been terminated. In the event that you violate the immediately preceding sentence, Collard tickets reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

 

International Users. Collard tickets Properties can be accessed from countries around the world and may contain references to Services that are not available in your country. These references do not imply that Collard tickets intend to announce such Services in your country. Collard tickets Properties are controlled and offered by Collard tickets from its facilities in EGYPT. Collard tickets makes no representations that Collard tickets Properties are appropriate or available for use in other locations. Those who access or use Collard tickets Properties from other countries do so at their own volition and are responsible for compliance with local law..

  1. Entire Agreement. The Terms are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.