Terms of Service

Overview

LocalArena Tix Inc. provides a subscription service that allows our members to sell and access tickets to events. These Terms of Use govern your use of our service. As used in these Terms of Use,

"LocalArena Tix service", "our service" or "the service" means the personalized service provided by LocalArena Tix for discovering and accessing the tickets provided, recommendations and reviews, our website, user interfaces, and all content and software associated with our service. References to 'you" in these Terms of Use indicate the member who created the LocalArena Tix account and whose payment method is charged. We may periodically make changes to this User Agreement and shall notify you by any one or more of the following methods posting a revised version on our Site, emailing you at your registered email address or any other acceptable means of notification. The revised User Agreement will become effective thirty (30)days following such notice and your continued use of our Site and Services will constitute acceptance of the revised User Agreement.

Contracting Entity

If you sell Tickets to us you are contracting with LocalArena Tix Inc, 2244 Lakeshore Ave, Unit 1,Oakland, CA 94606.

LocalArena Tix Selling Platform

LocalArena Tix is a ticketing service that allows users to sell (“Seller”, “you”) Tickets (a “LocalArena Tix Transfer”). The Payment shall be determined by the amount LocalArena Tix sells the tickets for (“Market Price”). The Payment shall be equal to [(Market Price) plus (Processing Fees that may be applied by the ultimate selling marketplace)].Payment shall initiate the second Tuesday after the date of the event and take up to 3 business days to arrive in the Seller’s bank account.

Seller initiates the LocalArena Tix Transfer by completing each of the following (i) clicking “List” and then “Confirming” the event in their LocalArena Tix dashboard at app.localarenatix.com (ii)transferring the Tickets for that event to LocalArena Tix by email or electronic transfer. Once Seller has initiated the LocalArena Tix Transfer, LocalArena Tix shall facilitate the sale of the Tickets.

After LocalArena Tix sells the Tickets, LocalArena Tix will pay the Seller in accordance with the terms the Seller and LocalArena Tix agreed upon (the “Payment”). The seller will receive payment through Electronic Bank Transfer (ACH). If you register to create an account to receive payments via our application, you expressly authorize LocalArena Tix to make ACH payments directly to the bank account provided in your account dashboard. You must be at least 13 years old and obtain parental permission if under 18 to receive funds.

Seller acknowledges that it is familiar with and shall comply with all applicable laws, and regulations, including any particular laws for Seller’s jurisdiction. and the terms of this User Agreement when transferring Tickets and otherwise using the Site and our Services. “Restrictions” shall mean each of the following: (i) the constitution, by-laws, agreements, and other rules, regulations and restrictions of the National Basketball Association (“NBA”), Major League Baseball (“MLB”), National Hockey League (“NHL”), National Football League (“NFL”), National Collegiate Athletic Association (“NCAA”), Major League Soccer (“MLS”), English Premier League (“EPL”), Atlantic Coast Conference (“ACC”), Hockey East Association (“Hockey East”) and any other association, concert promoter, theatre, league, conference, team, college or school or other organization that hosts or manages events (each, an “Association”) as they currently exist, and as they may be amended, modified or otherwise supplemented from time to time; (ii) any action taken by the commissioner of any Association, or any other person having authority delegated by the commissioner of any Association pursuant to any document, contract policy, rule, regulation or restriction referred to in clause (i) or (ii) of this definition; and (iii) all bona fide rights, policies, or other restrictions or limitations contained in agreements between us, and/or you, and/or any entity(ies) which purchase, re-sell or otherwise transfer Tickets.

Seller further agrees that LocalArena Tix is not responsible for any repercussions that arise from Seller’s failure to comply with any applicable Restrictions.

By accepting our offer with respect to a Ticket, the Seller is making a binding contract to sell that Ticket to LocalArena Tix. The seller is contractually bound to deliver that exact Ticket within the required delivery timeframe (1 hour of requesting to list the tickets). The seller is obligated to ensure all seat information is accurate. Failure to comply with the above may lead to additional charges as stated in this User Agreement, or as determined in connection with our standard policies

Notwithstanding anything in the above, in the event Seller decides Seller wants the transferred Tickets returned and LocalArena Tix has not, at the time of receiving notice from Seller, sold or agreed to sell the Tickets, LocalArena Tix will transfer the Tickets back to Seller [within one (1) business day of receiving such notice]. In the event Seller decides Seller wants the Tickets back and LocalArena Tix has sold the Tickets, LocalArena Tix is not responsible for any future losses by the Seller. LocalArena Tix will continue to make the payment to the Seller as stated above.

Membership

Your LocalArena Tix membership will continue until terminated. To use the service, you must have. internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, and may be updated from time to time. We offer a number of membership plans, which may have differing conditions and limitations. These conditions and limitations will be disclosed at your sign-up or via other communication.

From time to time, we may offer special promotional offers, plans or memberships ("Offers"). Offer eligibility is determined by LocalArena Tix at its sole discretion and we reserve the right to revoke any Offer and put your account on hold if we determine you are not eligible. We may use information such as method of payment, existing account details, purchase history and historical service use to determine Offer eligibility. The eligibility requirements and other limitations and conditions will be disclosed when you sign-up for the Offer or in other communications made available to you.

Billing and Cancellation

The membership fee for the LocalArena Tix service and any other charges you may incur in connection. with your use of the service, such as taxes and possible transaction fees, will be charged to you. Payment Method on the specific payment date indicated. The length of your billing cycle will depend.on the type of subscription in which you are then enrolled if different than the one you chose when you signed up for the service. In some cases, your payment date may change, for example, if your Payment Method has not been successfully settled, when you. change your subscription plan or if your paid membership began on a day not contained in a given. month. We may authorize your Payment Method in anticipation of membership or service-related charges. through various methods, including authorizing it for up to approximately one month of service as .soon as you register.

To use the LocalArena Tix service you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated with your account in the event that your primary Payment Method is declined or no longer available to use for payment of your subscription fee. You remain responsible for any amounts that are due and owing that remain uncollected. If a payment is not successfully settled due to card expiration, insufficient funds, nay other reason we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. You can update your Payment Methods at any time by accessing your account details through the "My Account" page.

By accessing your account details through the "My Account" page, you can cancel your LocalArena Tix. membership at any time, and you will continue to have access to the service through the end of the billing period for which you already paid. To the extent permitted by the applicable law, payments are non-refundable, and we do not provide refunds or credits for any unused partial months of membership or unused LocalArena Tix content. We may change our subscription plans and the price of our service from time to time. Any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you via the above-described notice methods.

LocalArena Tix Service

You must be at least 18 years of age to become a member of the LocalArena Tix service.

The LocalArena Tix service and any tickets accessed through the service are for your personal and non-commercial use only and may not be shared with individuals beyond your household. During your LocalArena Tix membership we grant you a limited, non-exclusive, non-transferable right to access the service and tickets provided. Except for the foregoing, no other right, title or interest shall be transferred to you.

You agree to use the LocalArena Tix service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. You agree to abide by the rules and regulations of the venues. and organizers that you have access to, and any conduct or behavior that breaches those rules may result in your LocalArena Tix membership being terminated.

Except as explicitly authorized by us, you agree not to circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the protections or elements of the LocalArena Tix service, including the user interface, copyright notices, and trademarks: use any robot, spider, scraper, AI or other automated means to access the LocalArena Tix service. decompile, reverse engineer, or disassemble any software or other products or processes accessible through the LocalArena Tix service; insert any code or product or manipulate the content of the LocalArena Tix service in any way;- use any data mining, data gathering, or extraction method;- upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any software, hardware, or equipment associated with the LocalArena Tix. Service.- You agree that each subscription to the LocalArena Tix service allows for access to 1 ticket per event.

• Unused tickets in a given month do not carry over to future months.

• LocalArena Tix reserves the right to resell any tickets that are unclaimed up to 72 hours before the event of the ticket.

• LocalArena Tix reserves the right to suspend or deactivate your account upon discovery of data mining, bot usage or other nefarious activity to acquire tickets as determined by Local Arena Tix’s sole discretion.

• You must have an active and valid subscription for LocalArena Tix to transfer tickets to you. Violating the Agreement

• We may investigate any potential or suspected violations of the User Agreement, security protocols or best practices, third-party rights or applicable law, any actions or any other misconduct or potential abuse on or through the Services or attempts. When assessing whether and which measure(s) to take against a user, we will take the legitimate interests of the user into account and shall in particular consider if the user is responsible for the misconduct.

• We may take any actions we deem appropriate in our reasonable discretion for the conduct described. previously. Without limiting other remedies, these actions may include limit, or temporarily or permanently suspend, or terminating your services, restricting or prohibiting access to, you and your activities on, our Site and/or Services, removing listings, canceling sales, requiring you to send Tickets to LocalArena Tix within a specified time, reduce or eliminate any discounts, withhold payment, and take technical and legal steps to keep you from using our Site and/or Services.

• We reserve the right to report any activity that we believe to be illegal or otherwise in contravention of this User Agreement or any Restrictions and we will respond to any verified requests relating to a criminal investigation (i.e. a subpoena, court order or substantially similar legal procedure) from local and foreign law enforcement or regulatory agencies, other government officials or authorized third parties.

Passwords and Account Access

You are responsible for any activity that occurs through the LocalArena Tix account. By allowing others to access the account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are bound by any changes that they may make to the account, including but not limited to changes to the subscription. plan. To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account-related notices. We can terminate your account or place your account on hold in order to protect you or LocalArena Tix from identity theft or other fraudulent activity.

Warranties and Limitations on Liability

The LocalArena Tix service is provided "as is" and without warranty or condition. Our service may not be uninterrupted or error-free. You waive all special, indirect, and consequential damages against LocalArena Tix. These terms will not limit any non-waivable warranties or mandatory consumer protection rights that may apply to you.

Class Action Waiver

Where permitted under the applicable law, you and LocalArena Tix agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, where permitted under the applicable law, Prior to bringing any claim in a court of law you agree to participate in binding mediation to resolve your issues.

You and LocalArena Tix agree that unless both parties agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise bring any form of representative or class action proceeding.

Miscellaneous

LocalArena Tix is not responsible for the content or programming of the events on the service.

To find more information about our service or if you need assistance with your account, please contact our Customer Support team. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

LocalArena Tix may from time to time change these Terms of Use. We may assign or transfer its agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.

We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration

Cookies

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If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select "Remember Me", your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

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Last Updated: April 30, 2024