Revised: August 12, 2014 – Section 3 – removed Paypal
1. ACCEPTANCE OF TERMS
ATTTENDSTAR, LLC. provides its services to you (both the company and its services being hereafter referred to as “attends”), subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://www.attends.com/terms-of-service. In addition, when using attends, you and attends shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
You will not hold attends responsible for other users’ (including event holders’) content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of users’ content, listings, or ability to perform, or actually complete a transaction.
2. DESCRIPTION OF attends
attends provides a simple and quick means for event organizers to collect registration fees for their events online in their own Event Organizer Accounts. Event organizers and managers may come to the attends web site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect registration fees online directly from their event attendees. Payments are all transacted through Authorize.net, WEPAY, and/or other attends specified payment mode. For more information, please refer to Section 3. As used herein, “Client(s)” refers to attends event holders and “Ticket Buyer(s)” refers to registered event attendees to attends events.
3. PAYMENT PROCESSING INFORMATION
Although attends strongly recommends Client(s) obtain an individual merchant account for payment processing, attends offers multiple avenues for Client(s) to collect payments from ticket buyers. Client agrees to provide all of the necessary information requested by attends in order to correctly process any credit card transactions initiated in the attends system if Client chooses to process payments through one of the integrated payment gateway systems.
Client recognizes that attends is not responsible for the actions of integrated payment gateways and merchant accounts or any associated fees, contracts, etc., including, but not limited to, Authorize.net, or WePay. Client agrees to not hold attends responsible for the timeliness, deletion, mis-delivery or failure to store any user communications or personalized settings processed by and/or requested of any third-party payment gateway or merchant account.
If Client requests the use of attends PAYMENT PROCESSING (hereafter referred to as APP) in order to collect payments and process credit cards from ticket buyers, Client agrees to have monies collected from ticket purchases withheld by attends up to 10 business days from the end of Client’s event. After which, attends will settle Client account by issuing a check of net proceeds to mailing address on file. Client agrees to an additional 3.5% to 4.5% per transaction credit card processing fee, which will be deducted from the final settlement. In addition, any appropriate ticket fees collected during APP for event will be deducted from net proceeds of event during settlement.
attends reserves the right to withold funds from ticket sales collected through APP for at least 72 business hours after the end of the event to allow for refunds and/or cancellations to post to the account. attends will then take up to 10 business days from the end of the event to distribute funds to the event manager. After disbursement of funds, any refund or chargeback requests from ticket buyer’s merchant services will be billed to the Client and due upon receipt, in addition to a $10.00 Chargeback Processing Fee per chargeback received. attends will fight every legitimate chargeback that is received. In the case of Cancellation of the Event, attends will refund ALL monies collected from ticket buyers, on behalf of the Client, BUT will retain ALL FEES charged to Client, to cover Website Administration of the Event and Credit Card Processing Fees incurred by attends for handling the transactions, both incoming and outgoing. Client agrees to pay any chargeback amounts that may come in through the use of AttendStar.
Certain types of events may not be eligible for APP and attends reserves the right to deny any event and/or Client the use of APP. Each event that requests APP is subject to prior approval before ticket sales can be initiated in attends. In addition, attends reserves the right to make any changes to APP terms and conditions without prior notice.
4. TICKET BUYER REFUND POLICY
Client agrees to refund any and all monies to any ticket buyer that requests a refund if a refund is permitted in the Terms and Conditions the ticket buyer has agreed to when making an AttendStar ticket purchase. Client agrees to not withhold attends responsible for any refunds and refund requests of any kind.
In the instance of refund requests from ticket buyers for events using APP, the amount of any refunds issued will be deducted from net proceeds during settlement if refund is issued before date of event and allowed in Terms and Conditions of ticket purchased. After completion of event, even if before settlement, Client is solely and unconditionally responsible for any refunds requested by ticket buyer(s).
5. CLIENT BILLING
Unless agreed to in writing by both parties, Client agrees to provide credit card information for attends to bill to collect ticket fees if Client uses PayPal, or Authorize.net payment systems. AttendStar bills at $100 increments. If Client balance does not reach $100, attends will charge any balance after the event.
If Client fails to provide a valid credit card or the credit card is declined , attends reserves the right to suspend all ticket sales for the event and for any event posted by Client thereafter until the card can be charged.
For accounts with or without a credit card on file we reserve the right to change the event payment options to APP to recover monies due. Then will convert the client back to the desired payment option once past due fees are collected.
6. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that attends assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
7. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being the Registration Data) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or attends has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, attends has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). attends is concerned about the safety and privacy of all its users, particularly children. For this reason you must be at least 16 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the attends account, and that said Guardian has expressly given permission to access the Service.
8. ACCOUNT, PASSWORD AND SECURITY
You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify attends of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. attends cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
In using the attends Services, you understand that you are liable for all Information, in whatever form, you make available to your customers. You agree not to use the Service to:
a. upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. Impersonate any person or entity, including, but not limited to, an attends representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;
h. upload, post, email, 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;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
j. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; or
k. stalk or otherwise harass another.
You acknowledge that attends does not pre-screen any Content working in coordination with the Service, but that attends and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that attends may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of attends, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
10. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
You agree to indemnify and hold attends, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service. This includes the resale of any tickets to any event not originally hosted on the attends system within your user account.
13. MODIFICATIONS TO SERVICE
attends reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. attends will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that attends shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that attends, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due to attends, or if attends believes that you have violated or acted inconsistently with the letter or spirit of the TOS. attends may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that attends may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that attends shall not be liable to you or any third-party for any termination of your access to the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because attends has no control over such sites and resources, you acknowledge and agree that attends is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that attends shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
16. attends’S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by attends, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. attends grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by attends for use in accessing the Service.
17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. attends EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. attends MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM attends OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT attends SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF attends HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is attends, Inc., 278 Doug Warpoole Road Smyrna, TN 37167
22. TRADEMARK INFORMATION
attends, trademarks and service marks, and other attends logos and product and service names are owned by and /or trademarks of attends (the attends Marks). Without attends’s prior permission, you agree not to display or use in any manner, the attends Marks.
23. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes the entire agreement between you and attends and governs your use of the Service, superseding any prior agreements between you and attends. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software.
B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of Tennessee, U.S.A as such laws are applied to agreements entered into and to be performed entirely within Tennessee by Tennessee residents.
C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Smyrna, Tennessee, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and attends agree to submit to the personal jurisdiction of the courts located within the city and county of Rutherford County, Tennessee. Either you or attends may seek any interim or preliminary relief from a court of competent jurisdiction in Rutherford Country Tennessee necessary to protect the rights or property of you or attends (or its agents, suppliers, and subcontractors) pending the completion of arbitration.
D. Invalid Provisions. The failure of attends to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
E. Time to File Claim. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS to AttendStar, 278 Doug Warpoole Road, Smyrna, TN 37167
In order to use this web site, an attends Client must first complete the registration form. During registration a Client is required to give its contact information (such as email address). Any information provided is to improve the experience to our Clients.
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use.
This web site contains links to other sites. Please be aware that we, attends, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by attends at this Web site.
We will offer a newsletter to our Clients. If a Client wishes to subscribe to our newsletter, we ask for contact information such as name and email address. You will have the choice to Opt-Out of this newsletter. This information will not be made available to any third party for advertising or direct marketing purposes.
Ticket Buyer/Attendee Information & Use
By purchasing a ticket or registering for an event, either free or paid, on attends, the Ticket Buyer automatically opts-in to receive emails and/or promotional material from attends and Client before, during and after the event. attends is not responsible for the content of any emails, newsletters, or transactions initiated or originating from Client for event.
Surveys & Contests
From time-to-time attends will request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the Client therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.
All financial transactions occur on secure, SSL protected servers. This web site takes every precaution to protect our users’ information. When users submit sensitive information via the web site, your information is protected both online and off-line.
We encrypt all passwords and other sensitive information in our database. We also protect user-information off-line. All of our Client’s information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a Client service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our web site, you can contact us
Supplementation of Information
In order for this web site to properly fulfill its obligation to our Clients, it is necessary for us to supplement the information we receive with information from 3rd party sources. This information is not shared with any additional outside parties.
Site and Service Updates
We also send the Client site and service announcement updates. Clients are not able to un-subscribe from service announcements, which contain important information about the Service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone.
Correction/Updating Account Information
If a Client’s identifiable information changes (such as your e-mail), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that personal data provided to us. This can usually be done at account page or by contacting our Client Support.
Notification of Changes
26. CLIENT REFERRAL TERMS
These provisions are a part of attends’s Terms of Service (“TOS”) and all are applicable to the following referral programs to the extent relevant. attends reserves the absolute right to determine such relevance.
A. Referral of Event Holders Program.
attends will pay a referral fee to persons or entities (“Referrers”) that refer revenue-generating paid event holding Clients to attends pursuant to the following terms and conditions.
a. Prior to an event holder Client’s initial use of the attends event registration services (“Services), the Referrer must have contacted the event holding Client and have been instrumental in getting the Client initially to try the attends event holding Services.
b. The Referral must be properly registered with attends and the Referrer must fully comply with the all instructions with respect thereto.
c. attends will pay the Referrer fifty percent (50%) of the “net revenue” (amount actually paid to attends for providing the Service to Client) generated by actual net ticket sales for the Client’s account during the period 12 months next following the date of the Client’s first attends event registration.
d. The referral fee will be paid within 30 business days from the end of each event holding Client’s event.
e. attends reserves the absolute right to change, modify or terminate this offer and/or its terms at any time.
f. attends reserves the absolute right to determine what, if any amounts are properly due Referrers hereunder.
B. Event Attendee Referral Program
attends provides software that makes it possible for event holders to offer 3rd parties a bonus in exchange for referring attendee Clients to their event(s). These Terms of Service apply to both event holders and to those who refer such Clients to them using attends software. attends will make a good faith effort to provide information and instructions necessary to use the software correctly and expects users will correctly do so. These instructions can be found on the attends web site. However, please understand that:
a. attends is neither a party to any agreements (actual or implied) entered into by event holders and those who refer Clients to their events, nor is it an agent, employee, partner or other representative of either the event holder or the referring party (the “Parties”).
b. attends has no responsibility for any failure or alleged failure of performance of the Parties one to another or to any third party, and the Parties agree to hold attends harmless against any claims arising out of or related to their use of the Attendee Referral Program.
c. attends does not screen or investigate in any way its Clients to determine their ability, bona fides or willingness to perform the obligations that may be undertaken pursuant to this program. The Parties need to resolve all questions between themselves. attends makes no representations and gives no assurances that event holders will perform, including paying any money owed to those who refer Clients to their events.
d. attends will not settle, mediate or otherwise assume responsibility for resolving disputes between event holders and those who refer Clients to their events.
e. attends assumes no liability arising from the use or misuse of the software, or in the event that the software fails to operate as expected, even if such failure results in the loss of data or in the misrepresentation of data necessary for the parties to fulfill commitments entered into using the software.