Effective Date: July 30, 2018
WELCOME TO AMPLIFY SELL BY TEXT! WE ARE OWNED AND OPERATED BY IQX CORP.
These Terms are a legal and binding agreement between iQX Corp. (“iQX” “our” and “we”) and you (also referred to as “your”) that governs the iQX Amplify Sell By Text for Eventbrite services (Eventbrite also referred to as the “Ticketing Platform”), either through the Ticketing Platform integration of Amplify Sell By Text (the “Application”) or made available through other services provided by iQX to you (collectively, “Amplify Sell By Text” or the “Services”).
BY USING THE SERVICES, YOU AGREE TO NOT TEXT WHILE DRIVING ANY VEHICLE.
When you access, browse, or use our Services, information will be collected, transferred, processed, stored, and disclosed in accordance with our Terms. These Terms govern the information collection and disclosure practices for the Services.
When you opt-in to receive text marketing and sales messages from us, you are agreeing to receive recurring marketing messages from time to time through an automated telephone dialing system. These marketing messages may include offers to purchase tickets to live events and experiences, to purchase merchandise and/or other offers from third parties.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE OUR SOFTWARE OR SERVICES.
1. Your Account. Our Services provide an interactive buying experience through the use of SMS and MMS text messaging. STANDARD TEXT MESSAGING RATES APPLY. Our Services communicate opportunities to purchase live event tickets, live experiences, products, merchandise, and/or services (“Offers”) from third-party ticketing companies, event promoters, venues, festivals, merchants, and businesses (“Organizers”).
2. Eligibility. You must be a resident of the United States or Canada and 18 years of age or older to use the Services. By registering for an Account, you certify that you are 18 years of age or older and a United States or Canada resident.If you are registering on behalf of an entity, you represent and warrant that you have authority to bind that entity to these Terms.
3. Updates. When iQX provides updates, supplements, or add-on components to the Services (collectively, “Updates”), these Terms will apply to the Updates unless iQX provides additional terms along with the Update (“Additional Terms”), in which case those Additional Terms will apply to the Update.
5. License to Use of the Services. Conditioned on your compliance with these Terms, iQX grants you a limited, personal, revocable, non-exclusive and nontransferable license to access and use the Services. iQX reserves the right to discontinue your access to the Services.
6. License Restrictions. The license granted in Section 5 is conditioned on your compliance with the following:
(a) You acknowledge that Amplify and Amplify Sell by Text names, logos, trademarks, patents, copyrights, software, platforms, APIs, documents, manuals, specifications, methods, functionalities, tools, procedures, algorithms, data, technical data, materials, tools, contents, trade secrets, design rights, databases, compilations, technology, products, services and all related creations, in each case whether registered or unregistered (the “Amplify Creations”), and related goodwill, are the exclusive property of iQX.
Moreover, you acknowledge that the content on our Services included in Offers from our Organizers, including without limitation, any text, software, graphics, photos, sounds, music, videos, interactive features and any trademarks, service marks and logos, contained therein (collectively “Organizer Materials”) are owned or licensed to us, subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions. The Organizer Materials shall also be considered Amplify Creations.
(b) You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Services, except and only to the extent that applicable law expressly permits, despite this limitation;
(c) You must not download, copy, resell, distribute, exploit, develop or create other developments based on the Services or any Amplify Creations, neither in whole or in part, without the express and written permission from iQX;
(d) You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the Services or any features or functionality of the Services or any Amplify Creations to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
(e) You must not modify or make any derivative works of the Services, in whole or in part;
(f) You must not remove any proprietary notices or labels on the Services or the Amplify Creations or any copy thereof;
(g) You must not use the Services in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
(h) You must not attempt to interfere, with the proper functioning of the Services or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the Services or any portion thereof;
(i) You must not make any use of the Services in any manner not permitted by these Terms or documentation provided by iQX related to the Services; and
(j) You must use the Services in compliance with all applicable laws.
7. Fees and Payment Terms
(a) STANDARD TEXT MESSAGING RATES APPLY. Additionally, for paid tickets, we will charge customers a fee of 3%, with a minimum of $0.99 and a maximum of $2.50, for each ticket sold through iQX Amplify (“Service Fees”). For free tickets, we do not charge the Service Fee;
(b) All fees, prices, discounts, and promotions are subject to change without notice. The price charged for a fee, product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (if applicable). We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence;
(c) We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
8. Amplify Sell By Text Services
(a) Amplify Sell By Text integrates through an on-platform extension available within the Organizer’s profile in their Ticketing Platform Account. Please be informed that Ticketing Platform’s terms of service apply.
(b) Organizers are solely responsible for all of Organizer’s Materials that are uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the Services and their accounts. iQX does not claim ownership of any Content. iQX is under no obligation to enable the transmission of Content through the Services and may, in its discretion, edit, block, refuse to post, or remove Content at any time. iQX does not represent or warrant that the Content does not infringe the rights of any third party or violate any agreement with or policy of iQX or any applicable law. If iQX suspects violations of the foregoing, iQX may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators;
(c) Organizers may use the Services to create and send marketing campaigns and facilitate sales directly through Multimedia Messaging Service (MMS) and Short Message Service (SMS) text messages to You, once you have subscribed to our Services (“Our Subscribers”). Use of the Services may be governed by various local, state, or federal law and regulation, including CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Cellular Telephone Industries Association requirements, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction and under any other applicable laws). iQX may in its sole discretion limit your use of the Services or implement features to assist with legal compliance, but you are solely responsible for your use of the Services and compliance with all applicable rules, regulations, and laws. By using Amplify Sell By Text, you further understand that neither iQX or the Ticketing Platform are responsible for, and make no representations about, your compliance or the Organizer’s compliance with any State or Federal consumer protection surrounding the use of text messaging or automated telephone dialing systems;
(d) By using or subscribing to our Services, you are expressly permitting us to send MMS and/or SMS marketing messages to You from time to time to enrich the user experience of Our Subscribers. You acknowledge and accept that SMS/MMS marketing messages we send to You may include Organizer Materials, may include content from other Ticketing Platform Account holders, and may also include marketing and/or advertising content that is not directly related to Organizer Materials, and;
(e) You may purchase tickets directly through the Services. When you do so, your encounter with the Services will direct You to a Services purchase path that is integrated to a Services shopping cart to check out and complete your ticket purchase. Ticket purchase payments for sales through the Services will be processed by the Ticketing Platform’s Payment Processing Service while acting as the Organizer’s limited agent solely for the purpose of using its third-party payment providers to collect payments made by You on the Ticketing Platform services with respect to an event and passing such payments through to the Organizer in the manner agreed upon between the Organizer and the Ticketing Platform. The Organizer is solely responsible for fulfilling all sales associated with their Account and their Ticketing Platform Account and handling all requests from You (including returns, refunds, etc.) that are made through Amplify Sell By Text;
(g) Fees for the provision of the Services will be processed through iQX Amplify’s payment processing service. iQX will not refund the Service Fee it has processed for any Ticketing Platform paid ticket refund you initiate in relation to any tickets sold through Amplify Sell By Text;
9. Reservation of Rights. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest or other rights to the Services other than the right to use the Services in accordance with Sections 5and 6. iQX reserves and retains its entire right, title and interest in and to the Services, including all copyrights, trademarks and other intellectual property and proprietary rights therein or relating thereto.
10. Services Availability and Support. iQX has no obligation, and may not provide support in relation, to the Services or your Account. iQX does not guarantee availability of the Services or your Account and your access is permitted only if and when they are available. Your use of the Services and access to your Account may occasionally be restricted for service, upgrades, maintenance, or other reasons. It may also be restricted for service, upgrades, maintenance, or other reasons by third parties, such as mobile carriers. To the maximum extent authorized under applicable law, iQX reserves the right to suspend your Account, your use of the Services, and discontinue your access to Content provided or made available to you through the Services at any time without notice.
11. Termination. You may terminate your Account or your use of the Services at any time. iQX reserves the right to terminate your Account and these Terms and to suspend or terminate the Services or your access thereto at any time with or without prior notice. Sections 6, 7, 9, 11-18 and 21-22 of these Terms will survive any termination.
12. DISCLAIMER OF WARRANTIES. WE DO NOT WARRANT THAT OFFER SPECIFICATIONS, PRICING, OR OTHER CONTENT MADE THROUGH OUR SERVICES BY ORGANIZERS IS COMPLETE, ACCURATE OR ERROR FREE. IN THE UNFORTUNATE EVENT THAT ANY ERROR RELATES TO AN UNDERLYING OFFER, WE RESERVE THE RIGHT TO REFUSE OR CANCEL ORDERS IN OUR SOLE DISCRETION. IF WE HAVE CHARGED YOUR CREDIT CARD PRIOR TO CANCELLATION, WE WILL REFUND YOUR CREDIT CARD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,iQX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, iQX HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SERVICES WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
13. EXCLUSION OF DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IQX WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES, INCLUDING ANY DAMAGES TO OR FOR LOSS OF DATA OR PRIVACY, REVENUE, PROFITS, OR PROPERTY (INCLUDING BUILDINGS, WIRING, FIXTURES, DEVICES, COMPUTERS, PERIPHERALS, AND ANIMALS) OR FOR INJURY OR DEATH, ARISING FROM OR RELATING TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES.
14. LIMITATION OF LIABILITY AND EXCLUSIVE REMEDIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND TO THE EXTENT THEY ARE NOT EXCLUDED OR DISCLAIMED UNDER SECTION 13, iQX’S MAXIMUM, AGGREGATE LIABILITY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER THESE TERMS FOR ANY AND ALL DAMAGES, INJURIES, AND LOSSES ARISING FROM ANY AND ALL CLAIMS AND CAUSES OF ACTION ARISING OUT OF, BASED ON, RESULTING FROM OR IN ANY WAY RELATED TO THESE TERMS, YOUR ACCOUNT, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (I) $10.00; OR, (II) THE AGGREGATE AMOUNT PAID OR OWING FOR THE SERVICES DURING THE 6 MONTHS PRIOR TO THE DATE THE CAUSE OF ACTION GIVING RISE TO LIABLITY AROSE.
15. IMPORTANT CONSUMER NOTICES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN DAMAGE LIMITATIONS SUCH AS THE LIMITATION OF LOSS OR LIABILITY FROM INTENTIONAL ACTS (INCLUDING FRAUD, FRAUDULENT MISREPRESENTATION, AND FAILURE TO DISCLOSE DEFECTS), PRODUCT LIABILITY, OR FOR DEATH OR PERSONAL INJURY. NOTHING IN SECTIONS 12, 13, OR 14 WILL BE INTERPRETED AS EXCLUDING LIABILITY WHICH CANNOT BE EXCLUDED UNDER APPLICABLE LAW. IF YOU LIVE IN OR ARE OTHERWISE SUBJECT TO THE LAWS IN ONE OF THOSE JURISDICTIONS, ANY DAMAGES LIMITATIONS WILL BE DEEMED LIMITED TO THE EXTENT (IF AT ALL) PERMISSIBLE UNDER THAT LAW AND, IF ANY LIMITATION IS NOT PERMITTED, THE EXCLUSIONS IN SECTION 12, 13, OR 14 MAY NOT APPLY TO YOU.
16. Independent Remedies. The disclaimer and limitation of warranties and the exclusion of damages under Sections 12, 13 and 14 are independent of your exclusive remedies in these Terms and the disclaimer and limitations of warranties and exclusion of damages survive even if the exclusive remedies fails of their essential purpose or otherwise are deemed unenforceable. Each of the limitations in Sections 12and 13apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability, or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
17. Indemnity. You agree to defend, indemnify, and hold iQX, its directors, officers, employees, agents, partners, suppliers, and licensors harmless and will keep them indemnified from any claim or demand, including reasonable attorneys’ fees, relating to, arising from, or allegedly arising from (a) Your Content, your use of the Services, and activities occurring under your Account; (b) your violation of these Terms; or (c) your violation of any other party’s rights or applicable law. iQX reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with iQX.
18. Notices. iQX may give you all required notices (including legal process) by any lawful method, including by posting notices on the Services or by sending it to any email address that you provide to iQX. You agree to send iQX notices by mailing them to the following address:
468 North Camden Drive, Suite 200
Los Angeles, CA 90210
19. DMCA Copyright Notice and Takedown Procedures
iQX respects the intellectual property rights of others. If you believe that any Materials or other material available on the Services infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows. Please direct all copyright inquiries to email@example.com.
To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
(d) Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
468 North Camden Drive, Suite 200
Los Angeles, CA 90210
+1 (310) 564-1494
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material is infringing, you should contact an attorney prior to sending notice.After receiving notice, iQX may remove or disable access to infringing material.
20. Modifications to these Terms. iQX reserves the right to change these Terms and any complementary terms at any time. You agree to periodically review these Terms for changes and you can review the most current Terms at any time at http://help.iqxamplify.com/general/terms-of-use. Your continued use of the Services after the effective date indicates your acceptance of the updated Terms. If, at any time, you do not agree to the Terms, you must cancel your Account and stop using the Services. You may text the word STOP to the Services long or short code you are receiving messages from (e.g., text STOP to 84-882) and you will immediately be opted-out from receiving any further messages from us.
21. Insolvency and Business Transitions. If we ever file for bankruptcy or engage in a business transition such as a merger with another company or if we purchase, sell, or reorganize all or a part of the Services or our business or assets, we may disclose your personal information, including to prospective or actual purchasers in connection with one of these.
22. Dispute Resolution. By using our Services, you agree that if a dispute, claim or controversy of any kind arises out of or relates to these Terms or to your Account or any transaction involving your Account, either you or we can choose to have that dispute resolved by binding arbitration. This arbitration provision limits your ability to litigate claims in court and your right to a jury trial. You will not have the right to participate as a class representative or member of any class of claimants for any claim subject to arbitration. This arbitration provision shall survive termination of this Agreement and the closing of your Account.
23. Governing Law. These Terms are governed by the laws of the State of California, without reference to its conflict of laws provisions, and any dispute arising out of or relating to these Terms or your use of the Services will be subject to the exclusive jurisdiction of the federal and state courts in the Los Angeles County, California, other than for actions to enforce any order or judgment entered by such courts. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE OR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
24. General. If any provision of these Terms is determined by a court of competent jurisdiction to be illegal, invalid, or unenforceable, the remaining provisions of these Terms will remain in full force and effect. You and iQX intend that the provisions of these Terms be enforced to the fullest extent permitted by applicable law. Accordingly, you and iQX agree that if any provision is deemed unenforceable, where possible, it will be modified to the extent necessary to make it enforceable, which may include its deletion. Section titles are only for convenience and have no legal or contractual significance. Any list of examples following "including" or "e.g.," is illustrative and not exhaustive, unless qualified by terms like "only" or "solely. iQX may assign these Terms, in whole or in part, at any time, with or without notice to you. You may not assign, transfer, or sublicense your rights, if any, in your Account, to the Services, or under these Terms and any purported assignment, transfer or sublicense shall be null and void. If, at any time, iQX fails to respond to a breach of these Terms by you or others, that failure will not waive iQX’s right to act with respect to subsequent or similar breaches. A waiver will only be binding on iQX if it is in writing and signed by iQX. These Terms (including Additional Terms and any incorporated terms or policies) constitute the entire agreement between you and iQX with respect to your Account and the Services. Both you and iQX warrant to each other that, in entering these Terms, neither iQX nor you have relied on or will have any right or remedy based upon any statement, representation, warranty, or assurance other than those expressly stated in these Terms. The preceding sentence will not limit or exclude any liability that cannot be limited or excluded under applicable law. No one other than you and iQX, or iQX’s successors and permitted assigns, will have any right to enforce any of these Terms.