Thank you for choosing KIS Ticketfor your business. When you use our products and services you’re agreeing to our terms, so please carefully read these Terms of Service (“TOS”) as they contain important information regarding your legal rights and obligations.
KIS Ticket provides online enterprise level ticket sales and management software and services designed specifically for businesses (“Client”) in the live event presentation and attraction industries (“Software Service”). KIS Ticket provides a marketplace in which you can transact for tickets, parking, merchandise, and other items. We are only a technology provider, and as such we provide ticket selling, delivery, distribution, posting, forwarding, authentication, cancellation and payment processing integration services. You can access our Software Service via the client login page on our website, www.KISticket.com and through our appsand all of the webpages, subdomains, country level domain variants and subparts of those websites (collectively our “Site”). The Site is operated by Weldon, Williams & Lick, Inc., located at 711 North A St. Fort Smith, Arkansas 72901 ("Company," "KIS," "We," "Us," or "Our"), We provides You, the user of the Site ("You" or "Your"), access to and use of the Site subject to the TOS. These TOS(“Agreement”) apply to any use of and access to our Software Service, Website or Apps (collectively, “Services”) by You, Your Affiliatesand Your customers.
This Agreement is effective (“Effective Date”) on the earlier of (a) the date You accept this Agreement by clicking an “I Agree” button or otherwise indicate that you accept this Agreement, the execution date of the Services Agreement between You and Us, or (b) the date You (or an Affiliateor customer) first access or use the Services.
We reserve the right to update the TOS from time-to-time at Our sole discretion. You hereby agree as follows:
THE SITE AND RIGHT TO USE
The Site provides a listing of events and a means of purchasing tickets to such events. Subject to Your compliance with the terms and conditions set forth in the User Agreements. We provide You access to the Sitepursuant to a free, limited, non-exclusive, and revocable license
ACCESSIBILITY AND LIMITATIONS; DISCLAIMERS
You understand and agree that the Site relies upon communications over the worldwide net or internet and may, at times, be inaccessible or inoperable, including: (i) equipment or communications malfunctions, including third party systems; (ii) periodic maintenance, repairs, or administrative reviews; or (iii) other causes beyond Our control or which are not reasonably foreseeable. We are not responsible for any limitation of services due to technical difficulties or the interruption of access to the Site. Further, We neither warrant nor represent that the Site and Services will always function or be error-free and We assume noliability or responsibility for errors or omissions in the Site and Services or for problems with its functioning. Your access to and use of the Site and Services are at your own risk.
You are solely responsible for providing, maintaining, and ensuring compatibility with the Site, all hardware, software, electrical, and other equipment for Your use of the Site.
THE SITE AND ALL SERVICES OFFERED THEREIN ARE PROVIDED ON A STRICTLY "AS IS" AND "ASAVAILABLE" BASIS. WE MAKE NO WARRANTY WITH REGARD TO ANY PRODUCTS, SERVICES, OR TICKETS OBTAINED BY THROUGH THE SITE; THAT THE SITE WILL MEET YOUR REQUIREMENTS; OR THAT ACCESS TO THE SIE WILL BE UNINTERRUPTED, TIMELY, ERROR FREE; NOR DO WEMAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE
WE EXPRESSLY DISCLAIMANY AND ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES, WARRANTIES, AND REPRESENTATIONS, IF ANY, OFFERED BY TICKET SELLER OR OTHER THIRD PARTIES USING OR LINKING TO THE SITE. OUR PROPRIETARY RIGHTS
All or portions of this Site constitute Our proprietary rightsand are protectedby intellectual property laws, including, but not limited to, copyright, trademark, service mark, know-how, processesand patent laws. Your use of the Site is only for Your personal use. You agreenot to copy, duplicate, display, transmit, distribute, modify, or prepare derivative works of any parts of the Site. You may not use the Site for Your own commercial purposesand agree not to reproduce, duplicate, copy, sell, resell, lease, distribute, redistribute, publish, modify or exploit for any commercial purposes.You have no rights to use Our copyrights or trademarks.
CODE OF CONDUCT
When using the Site You agree that You will comply with all applicable laws, rules and regulations, and that you will not: (i) use the Site for any unlawful purpose; (ii) Impersonate any person or entity, whether actual or fictitious, including any ticket buyer or any employee or representative of Ours or Our Client’s; (iii) harvest or collect information about Site users; (iv) use any area of the Site for any purpose other than the use of the Services provided on the Site.
You agree not to use, implement, or employ, or directly or indirectly aid, encourage, or solicit anyone else from using, implementing, or employing any automated or manual device, process, or program (e.g. robot, spider, spyware, etc.) to (1) monitor, observe, track, gather, copy, or transmit any of the content or user information contained on the Site without Our express written permission or (2) interfere or attempt to interfere with the operation of the Site.
You are solely responsible for Your use this Site, and You agree not to engage in unacceptable conduct while using the Site, including, use of the Site to: (i) disseminate, store or transmit unsolicited messages or commercial e-mail ("spam"); (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, maliciousor knowingly false; (iii) disseminate, store, or transmit files, graphics, software, material, or other content that actually or potentially infringes the intellectual property rights, or rights of privacy or publicity of any person; (iv) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (v) impersonate any person or entity; (vi) export, re-export or permit downloading of any message or content in violation of any law, regulation or legal restriction; (vii) interfere, disrupt, or attempt to gain unauthorized access to other passwords or accounts on the Site or any other computer network; (viii) disseminate, store or transmit viruses, trojan horses, or any other malicious code or program; (ix) harm minors in any way; (x) solicit personal information from anyone under eighteen (18) years of age; (xi) solicit confidential information; (xii) interfere with or disrupt the Site or the servers or network connected to provide service to the Site; (xiii) "stalk" or otherwise harass another person; (xiv) violate any applicable local, state, national or international law; or (xv) engage in any other activity deemed by Us, in Our solediscretion, to be unacceptable. We may disclose Your personally identifiable information relating to Your use of this Site as We deem appropriate, including toto any authorized law enforcement personnel.
TICKETS AND TRANSFERS
Many of the Services use e-mail and web site downloads to deliver electronic tickets which can be printed out, copied, saved and forwarded to others, either physically (i.e., after being printed out) or digitally. While multiple copies and print-outs of the same ticket can be created, only the first copy or print-out that is presentedand scanned for admission at an event will be valid for admission. Once a ticket is scanned for admission, all other copies and print-outs of that ticket will no longer be valid. Therefore, You agree to be responsible for safe guarding all tickets and ticket information or e-mails and other sources where tickets can be obtained. You agree that if a ticket is copied, reprinted or sentto another person, or another person is given access to a ticket, neither Us nor anyone else will have any liability or responsibility for any print-outs or copies of the ticket not being valid for admission due to the previous admission scanning of another print-out or copy of the same ticket. Similarly, You agree that you are solely responsible for transfer errors caused by You providing an inaccurate e-mail address, for lost, stolen, damaged or destroyed tickets, and for lost, stolen, deleted, improperly addressed, forwarded or misdirected e-mails linking to Internet sites (or pass codes or Internet addresses) where tickets or ticket information are accessible.
VIOLATION OF TERMS
If You violate the TOS or this Agreement, you may be prohibited from using the Services now or in the future, your transactions, distributions, deliveries, credit authorizations, payments, payment receipts, registrations, log-ins, ticket forwards, ticket postings, ticket sales, ticket purchases, ticket forwarding receptions, ticket orders, group management or participating or ticket management (any of the foregoing, or any other activities or transactions for which you use the Services, an “Activity”), or package, group or other tickets, may be cancelled, set-offs and debits may be taken against your accounts and credits and payments that would otherwise be owed to you, and appropriate legal actions may be.
Events may be cancelled or postponed by the Us or Our Clients due to weather conditions or situations affecting the performers, players, other personnel or staff or the audience. Please review the terms and conditions governing the provisions applicable to cancelled or postponed events by Our Client. We assume no liability, obligation, or responsibility for any such event cancellation or postponement.
REFUNDS AND CREDITS
Refund and credit policies vary depending on the type of event and the Client. We provide flexibility for Clients to post their own policies with respect refunds and credits. Please review the terms and conditions governing the provisions applicable to refunds and credits by Our Client. We assume no liability, obligation, or responsibility for any refunds and credits.
THIRD PARTIES, ADVERTISERS AND LINKS
We may provide advertising space and/or links and pointers to Internet sites maintained by third parties. We have not reviewed all of the third party sites nor reviewed the products or services they may provide. We are not responsible for, nor endorse, the contents or products or services of such third parties or their sites. We do not control in any respect any information, products or services offered or suggested by third parties on the Site. We not endorse or otherwise warrant or guarantee the products or services of third parties that are advertised on the Site or connected to the Site by link.
Your contacts with any third parties or linked sitesare solely between You and such parties and We assume no liability, obligation, or responsibility for any part of any such communications.
If you provide any postings, messages, text, files, images, photos, video, sounds, or other materials through the Site ("Content"), You agree that We may use or not use such Content and Your name, voice, or image and any information as we elect. You grant Us an irrevocable, royalty-free, perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content for any purpose and in any manner in Our sole discretion. You waive all rights related to Our use and release, discharge and hold Us harmless from any claims, causes of action, damages, costs or expenses arising out of or connected with the use of Your Content and agree that users of the Site may view the Content. You certify that You own or have the rights to the Content and have the authority to provide the Content to Us and grant Us the rights stated above.
You grant Us permission to use your name, image, likeness, appearance, and statements in any live or recorded audio, video, or photographic display or other transmission, exhibition, publication or reproduction made of, or at, an Event (regardless of whether before, during or after such Event) for any purpose, in any manner, in any medium or context now known or hereafter developed, without further authorization from, or compensation to You.
THIRD PARTY CONTENT
All Content of third parties is the sole responsibility of the person from whom such Content originated and We are not responsible for user-submitted Content.You may be exposed to Content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such Content posted on, transmitted through, and available through the Site and will not be liable for any Content or for any loss or damage as a result of the use of any Content.
DIGITAL MILLENNIUM COPYRIGHT ACT COMPLIANCE
We respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. If You believe that a work protected by a U.S. copyright which You own has been posted or stored on the Site without Your authorization, You may contact Our agent as follows: Via United States mail, at the address listed above; via e-mail, at info@KISticket.com; or via fax, at 479-783-7050. Please include information sufficient to identify the work, its location on Our Site, when you accessed it, and Your copyright information.
You: (a) have sole responsibility for the accuracy and quality of Your Data and for ensuring that your collection and use of Your Data complies with applicable laws, including those related to data privacy and transmission of personal data; (b) prevent unauthorized access to, or use of, the Services, and notify Us promptly of any unauthorized access or use; and (c) have sole responsibility for obtaining, maintaining and paying for any hardware, telecommunications, Internet and other services needed to use the Services.
USER NAMES AND PASSWORDS
We may reject or require that You change any user name or password under Your account. User names and passwords are for internal business use only and may not be shared with any third party, including any competitor of the Company. You are responsible for any use or misuse of user names or passwords associated with Your account.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant the following: (i) You are over thirteen (13) years of age; (ii) You have the right, power, and authority to enter into and perform the User Agreements; (iii) You are not buying tickets specifically for resale and are not a re-seller, wholesaler, or bulk purchaser of tickets; (iv) You will not use the Site to violate any federal, state, and/or local law; (v) You will only use the Site to communicate information reasonably related to Your ticket purchase and/or Event information; and (vi) the information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct.
WE SHALL NOT BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL, RELATING TO YOUR USE OF THE SITE OR YOU PARTICIPATION OR INABILITY TO PARTICIPATE IN PURHCASING TICKETS, INCLUDING, BUT NOT LIMITED TO: (i) YOUR USE OR INABILITY TO USE THE SITE; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE; (iii) ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY TRANSMISSION OR DATA; (iv) ANY CONTENT OR DATA TRANSMITTED OR RECEIVED OR NOT TRANSMITTED OR RECEIVED; (v) ANY CONTENT OR DATA FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SITE; AND (vi) ANY PROBLEMS OR DIFFICULTIES RELATING TO THE ISSUANCE OR PROCESSING OF TICKETS OR WITH ANY EVENT ITSELF, WHETHER ON THE BASIS OF CONTRACT, TORT OR OTHERWISE.
TO THE FULLEST EXTENT PERMITTED BY LAW, OURLIABILITY, EITHER JOINTLY OR SEVERALLY, SHALL NOT EXCEED THE COSTS OF THE SERVICES CHARGES IN CONNECTION WITH YOUR TRANSACTION OR $500, WHICHEVER IS LESS.
SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
We are not responsible for damages or losses that result from participating in, or reliance on or use of information, services, or merchandise provided on or through third party sites orfor changes or discontinuances of services from such third parties.
You agree to indemnify, hold harmless, and defend Us, Our shareholders, directors, officers, employees, and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney's fees, asserted by any person, arising out of or relating to: (i) the User Agreements and/or any breach by You thereof; (ii) Your use of the Site, including any data, content, or material transmitted or received by You; (iii) any unacceptable or objectionable use of the Site, as we determine in Our sole discretion; (iv) any negligent or willful misconduct by You; and (v) as otherwise provided in the User Agreements.
COMPLIANCE WITH LAWS
The sale or purchase of tickets to Events may be regulated by certain state, county and city laws or regulations. This Site is further subject to United States export controls. You acknowledge that complying with laws is Your responsibility, and You agree not to hold Us liable for Your failure to comply with any law or Our failure to notify You of any law.
This Site is controlled, operated and administered by Us within the United States. We make no representation that materials on the Site are appropriate or available for use at other locations outside of the United States and access to them from territories where the contents or products available through the Site are illegal is prohibited. If You access this Site from a location outside of the United States, You are responsible for compliance with all local laws and regulations.
We reserve the right to change the User Agreements, and/or any part thereof, at any time with or without notice shall not be liable to You should We exercise Ourright to modify or discontinue the Site. You understand the most recent version of the TO Swill be located on the Site and Your continued use of Site constitutes an affirmative acknowledgment of any modification to the TOS and consent to abide and be bound by any terms thereof.
Any dispute or claim arising out of or in any way related tothis Agreement, Your use of the Site and Services, or to products or services sold or distributed by us or through us, or the interpretation, creation, performance, breach, or termination thereof, shall be finally settled by binding arbitration in Fort Smith, Arkansas, under the Commercial Arbitration Rules of the American Arbitration Association (“Rules”), by a single arbitrator appointed in accordance with said Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
The User Agreements shall be governed by the law of the State of Arkansas excluding its conflict of law principles. The arbitration proceedings shall be governed by federal arbitration act and by the Rules, without reference to state arbitration law.
You agree that, any provision of applicable law not withstanding, neither party will request, and the arbitrators shall have no authority to award, punitive or exemplary damages against the other party.
If any provision(s) of the User Agreements is held by the arbitrator to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Our failure to exercise or enforce any right or provision of the User Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Us in writing. No waiver shall constitute a continuing waiver of any such term, provision or condition of the User Agreements.
You agree that the User Agreements and any documents referred to or incorporated therein are the entire and only agreement between the parties and supersedes any prior or other understandings, representations or warranties.
In order to avoid irreparable injury to Us, in the event of any breach or threatened breach by You of the provisions of the User Agreements, We shall be entitled to an injunction and/or other equitable relief restraining such breach. Nothing in the User Agreements shall be construed as prohibiting Us from pursuingany other remedies available to Us for such breach or threatened breach, including the recovery of monetary damages from You.
Except as provided herein, all notices relating to the Site, Your use thereof, and/or the User Agreements sent by either party shall deemed to be delivered when sent via e-mail to the other party's last known e-mail address.
No rights, obligations, or duties under the User Agreements shall be assigned or delegated by You. Any such attempted assignment or delegation shall be void and of no effect.
Except as otherwise expressly provided in the User Agreements, the User Agreements shall inure to the benefit of and be binding upon both parties, their successors, assigns, heirs, executors, administrators, and legal representatives.
YOU ACKNOWLEDGE THAT BY USING THIS SITE, YOU HAVE READ, UNDERSTOOD AND AGREED TO THE FOREGOING STATEMENTS AND TERMS OF SERVICE