Terms of Service

Last updated: April 20, 2018

Welcome to YAPSODY, the professional ticketing system that turns event organizers in professional presenters without the restrictive lock-in periods or high fees imposed by other professional ticketing systems. By using YAPSODY, you agree to comply with the following Terms of Use, which describe your legal rights and obligations.

Definitions

  • API Services: Web-based third-party services that are integrated with or accessible via YAPSODY (E.g., Facebook, Payment Gateways, Google Analytics, Heap Analytics, Event Directories, MailChimp).
  • Content: Data, text, graphics, images, event listings and other material displayed on, uploaded to, transmitted to/by, downloaded from, or accessible via YAPSODY.
  • Customer: A User who accesses or engages with YAPSODY in a capacity other than that of a Seller, including visitors who may access YAPSODY without the intent to sell or purchase Merchandise.
  • Data: All information related to Customers, Sellers, Seller Merchandise, and/or Transactions that are stored by YAPSODY.
  • Electronic Payment: Payments made on YAPSODY, by credit card, debit card, Paypal, bank transfer or other similar electronic means.
  • Electronic Payment Data: Data provided by Users in connection with Electronic Payments such as credit card numbers, debit card numbers, bank account numbers, security codes, PIN codes, passwords, and passcodes.
  • Marks: The YAPSODY name and its trademarks, service marks and logos.
  • Merchandise: Anything offered for sale or transfer on YAPSODY.
  • Non-Personal User Data: Data (other than Personal User Data and Electronic Payment Data) such as demographic data, Internet Protocol (IP) addresses, browser information, hardware information, approximate geographic location, etc. that cannot be used to specifically identify a User.
  • Online Store: Any interface made available by YAPSODY that is accessible to Customers and whose content is predominantly controlled by a Seller.
  • Payment Gateway: A third-party application that facilitates the authorization and processing of Electronic Payments.
  • Permitted Seller Merchandise: Seller Merchandise that is not prohibited pursuant to this TOU.
  • Permitted User Content: User Content that is not prohibited pursuant to this TOU.
  • Personal User Data: A User’s name, address, email ID, phone number, and other Data that can be used to easily identify a User other than Electronic Payment Data that may be collected via YAPSODY in connection with a Transaction, survey, inquiry, or otherwise.
  • Privacy Policy: YAPSODY’s privacy policy, which can be found at www.YAPSODY.com/ticketing/privacy-policy, which is incorporated by reference into this TOU.
  • Seller: Any entity who creates or accesses a Seller Interface or who uses YAPSODY for the purpose of promoting, selling or transferring Merchandise to a Customer or for the purpose of displaying Content.
  • Seller Interface or Box Office Interface: An interface used by a Seller to manage Seller Merchandise or Content provided by a Seller.
  • Seller Merchandise: Merchandise offered by a Seller.
  • Seller Terms of Sale: Terms of Sale posted by a Seller.
  • Seller Transaction: A Transaction involving the sale, exchange, and/or transfer of Seller Merchandise to a Customer via YAPSODY
  • Software: The functionality available on YAPSODY.com and any application (including Yapsody’s mobile applications and YapSecure payment app) marketed under the YAPSODY brand and its respective source code.
  • Terms of Sale: Terms and conditions of sale as posted on YAPSODY or on a ticket or voucher printed from YAPSODY.
  • Terms of Use or TOU: All terms and conditions governing the use of YAPSODY, which shall include this document and the following documents which are incorporated by reference: the Privacy Policy found at www.YAPSODY.com/ticketing/privacy-policy, the GDPR addendum found at www.YAPSODY.com/ticketing/gdpr, and any other documents that may be referred herein and therein.
  • Transaction: Any exchange of Merchandise via YAPSODY.
  • Transaction Services Provider: Providers of financial services that facilitate the processing of Electronic Payments (e.g., Payment Gateways, electronic payment processors, merchant account providers, credit card issuers).
  • User: Any Seller or Customer
  • User Account: A YAPSODY account by which a User must register and enter a username and passcode to gain access.
  • User Content: Content provided by a User.
  • User Data: Data pertaining to Users, including Personal User Data, Non-Personal User Data, and Electronic Payment Data.
  • Website: The YAPSODY.com domain and any Content thereon.
  • YAPSODY (as referred to in this Terms of Use): Collectively the Website and the Software.
  • YAPSODY Content: Content that is owned, controlled, or provided by YAPSODY.
  • YAPSODY Merchandise: Merchandise other than Seller Merchandise.
  • YAPSODY Related Parties: YAPSODY, YAPSODY’s parent company and its owners, officers, directors, employees, shareholders, agents, and affiliates.

Agreement

YAPSODY hereby grants to User a non-exclusive, non-transferable license to use YAPSODY in accordance with the TOU for the purposes of promoting and conducting Transactions involving Permitted Seller Merchandise and displaying Permitted User Content (“User License”). User’s use of YAPSODY shall be deemed acknowledgement of, and agreement to, the TOU and any modifications thereof that YAPSODY may publish from time to time at its sole discretion with or without notice. It is User’s responsibility to check for modifications of the TOU whenever using YAPSODY as such modifications shall govern a User’s continued use of YAPSODY. User shall refrain from use of YAPSODY in the event that User does not agree to any portion of the TOU.

Merchant of Record

Users acknowledge that YAPSODY functions exclusively as a software licensor by licensing YAPSODY (or portions thereof) to Sellers for the express purpose of providing a public forum / marketplace for Seller’s to promote Seller Merchandise and conduct Seller Transactions.
Except to the extent otherwise agreed to by YAPSODY in writing, the following shall apply: All Seller Transactions shall be conducted between Sellers and Customers. Sellers shall be the merchants of record for all of their respective Seller Transactions. YAPSODY Related Parties shall not be parties to Seller Transactions. All proceeds related to Seller Transactions shall be collected by Sellers directly from Customers. YAPSODY Related Parties shall at no time have any control or possession over said proceeds. All Seller Transactions involving Electronic Payments shall be processed via a Payment Gateway account procured and controlled by Seller. YAPSODY does not handle or ensure delivery of Seller Merchandise except with respect to tickets and/or vouchers which YAPSODY makes available for printing and email delivery at a Seller’s discretion. Furthermore, YAPSODY does not verify or ensure the authenticity or legitimacy of Seller Merchandise on behalf of Customers. Consequently, YAPSODY is not liable for any injuries or damages that may result to a Customer in connection with a Seller Transaction or Seller Merchandise. Any rights and remedies available to a Customer in connection with a Seller Transaction or Seller Merchandise shall be sought against the Seller and may be subject to applicable Seller Terms of Sale. Nothing set forth in the Seller Terms of Sale shall serve to modify or nullify any portion of this TOU.

Furthermore, as the merchant of record, Seller shall be responsible for the collection and remittance of any and all taxes (e.g., sales taxes, value added taxes, entertainment taxes, etc.) imposed by governmental entities on the sale Seller’s respective Merchandise. Sellers shall indemnify YAPSODY and hold YAPSODY harmless in connection with the collection and remittance of such taxes and any liabilities incurred in connection therewith.

For those sellers who select WePay, Inc. (“WePay”) to process Electronic Payments, please click here to view additional applicable terms and conditions provided by WePay.

Restricted Use of Yapsody

User shall not do (or permit anyone else to do) the following and accepts full responsibility and liability for the following:

  • Directly or indirectly modify, reproduce, create derivatives of, reverse engineer, decompile or attempt to use or expose any portion of YAPSODY.
  • Loan, resell, sublicense, or distribute any part of YAPSODY without the express written consent of YAPSODY or use YAPSODY in a manner that violates the federal, state, or local laws of any applicable jurisdiction.
  • Use any Online Store or Box Office for the purpose of exhibiting, promoting, or transacting anything other than Permitted Seller Merchandise and Permitted User Content.
  • Directly or indirectly use YAPSODY or any Content in a manner that is inconsistent with any portion of the TOU.
  • Engage in any activity that directly or indirectly disrupts normal operation of YAPSODY or promotes fraudulent or illegal activity.
  • Misrepresent a Seller’s identity; the source or ownership of any Content; the availability, deliverability, refundability, or characteristics of Merchandise; or the affiliation between a User, venue, event, organization, Seller, or item of Merchandise.
  • Offer to sell or transfer Merchandise to which a Seller does not have the requisite legal rights.
  • Refuse to refund or otherwise appropriately compensate Customers for Seller Merchandise that is defective, unavailable, or, in the case of tickets, events that have been cancelled, postponed or materially changed or as otherwise required by law.
  • Promote or transact Merchandise that is prohibited by applicable law, which includes tickets and vouchers related to events that are prohibited by applicable law.
  • Exhibit or post Content that is prohibited by applicable law; encourages or incites unlawful activity, violence or hatred; promotes discrimination based on race, religion, gender, ethnicity, nationality, or sexual orientation; is threatening, abusive, vulgar, obscene, profane, or pornographic in nature; defames a third party; or infringes on a third-party’s intellectual property, legal, contractual, or privacy rights; Note that presenters are allowed to post “adult” events (e.g., events of a sexual or pornographic nature) provided that (i) the Event Category selected is “Adult”, (ii) no images, video, or links to such content depicting nudity or sex acts is posted on or uploaded to the Yapsody domain, AND (iii) neither the event nor any content posted on YAPSODY in any way involves, endorses, suggests, or promote the illegal or immoral exploitation of minors. “Adult” events may be submitted to search engines, but they shall not be searchable on the Yapsody search portal. Yapsody reserves the right to remove, without any liability, any content or any event that it believes, in its sole discretion, violates this section.
  • Register for a YAPSODY account if the person registering or the intended account User is under 13 years old. If User is at least 13 years old and under 18 years old, User may only use YAPSODY under the supervision of a parent or legal guardian who manages User’s account provided that User does not provide YAPSODY any information about him/herself.
  • Use the Software in a manner that violates or otherwise contravenes the rules, regulations, or terms of use relating to applicable Transaction Services Providers.
  • Store any false, inaccurate, or non-current User Data in a User Account.

Refunds

YAPSODY does not set refund policies on behalf of Sellers. It is the responsibility of the Seller to communicate its refund policy to Customers and to issue refunds in accordance therewith and in accordance with applicable laws. Consequently, Customers’ requests for refunds should be directed to the respective Seller and in no event shall be directed to YAPSODY. Any refund-related issues or disputes shall be strictly between the Customer and the Seller; YAPSODY shall not be liable for any refund-related claims in connection with Seller Merchandise; and Seller hereby agrees to indemnify, defend, and hold harmless YAPSODY in connection therewith.

Communication Tools

YAPSODY makes available to Sellers tools such as email (“Communication Tools”) for contacting Customers with whom Sellers have Transacted Merchandise via Yapsody or whose contact information Sellers have otherwise provided to YAPSODY (“Communication Recipients”). By using the Communication Tools, Sellers warrant and represent that (i) Sellers have the right to contact the Communication Recipients; (ii) the Communication Recipients’ contact information (e.g., email addresses) was gathered in accordance with applicable regulations in the respective jurisdiction(s); (iii) any communication with Communication Recipients is not in violation of any privacy policy under which the contact information was collected; (iv) Sellers will not use the Communication Tools in a manner that violates any applicable laws or regulations such as, for example, U.S. CAN-SPAM, European Union GDPR, or Canadian CASL; (v) Sellers will not use the Communication Tools for purposes other than to accurately and truthful promote Permitted Seller Merchandise; (vi) Sellers will modify the communication preferences of Communication Recipients in accordance with the requests of those Communication Recipients or YAPSODY; (vii) for email communications, Sellers shall provide “unsubscribe” links in every email and will not send emails to any recipient who has unsubscribed. YAPSODY may limit or suspend a Seller’s access to Communication Tools at its sole discretion for reasons such as excessive email bounces, complaints, or unsubscribe requests.

User Accounts

User is responsible for maintaining the confidentiality of its respective User Account password and any sensitive information stored in its User Account. Seller is responsible for all activity that occurs within Seller’s User Account, including as it relates to the Box Office and Online Store, regardless of the actual User performing the activity. If User believes that the security of his/her User Account has been compromised in any manner, it is User’s responsibility to reset the User Account password and to suspend or terminate any third-party access that may have been granted to other Users. In rare cases, YAPSODY may (but shall not have the obligation to) suspend access to a User Account if it believes in good faith that not doing so may cause significant imminent damage (financial or otherwise) to a User Account or to any User, Content or Seller Merchandise in connection therewith. Notwithstanding the foregoing, YAPSODY shall not be liable for any loss or damage arising from its good faith suspension of a User Account due to an alleged security breach or from activity (whether authorized or unauthorized) performed in connection with a User Account, and User hereby agrees to hold YAPSODY harmless in connection therewith.

In the event that a dispute arises among multiple parties as to ownership of a User Account, User agrees that YAPSODY shall be the sole arbiter of such dispute and that YAPSODY’s decision shall be final and binding on all parties except to the extent otherwise directed by a court of competent jurisdiction. YAPSODY’s options in handling such a dispute may include the temporary suspension or termination of any such User Account.

Content

The YAPSODY Content is protected by copyrights, trademark, and/or other intellectual property laws. User agrees not to copy, reproduce, distribute, publish, display, repost on any website, or create derivative works of the YAPSODY Content without the express written permission of YAPSODY or as otherwise expressly permitted pursuant to the TOU, or to the extent that YAPSODY Content sharing functionality is provided by YAPSODY. YAPSODY reserves all rights to YAPSODY Content not granted herein.

By providing User Content, User grants to YAPSODY a non-exclusive, irrevocable, transferable, royalty-free license to use, reproduce, adapt, and distribute said Content throughout the world via YAPSODY and API Services (“User Content License”). Seller also hereby grants to YAPSODY a license to use Seller’s name and logo, and the name and logo of the underlying organization that is selling or promoting Merchandise, in connection with YAPSODY advertising and promotion.

User acknowledges that YAPSODY does not pre-screen User Content whether posted directly on the Website or in the form of links to third-party websites that Users post on YAPSODY. User warrants and represents that (i) User has the right to grant the User Content License; (ii) User Content does not misrepresent any Merchandise, Seller, venue, event, or organization; and (iii) User Content does not infringe upon the rights of any third party or violate any applicable laws or regulations. Furthermore, Users shall be liable for any User Content, links to content on third-party websites that User provides, and any reliance on such Content by any other User. User hereby agrees to indemnify, defend, and hold harmless YAPSODY Related Parties in connection therewith. Notwithstanding the foregoing, YAPSODY shall have the right to remove any Content or links, in whole or in part, that it believes, in its sole discretion, violates this section or any portion of the TOU. Accounts of Users who knowingly or repeatedly post User Content in violation of the TOU may be suspended or terminated at YAPSODY’s sole discretion with or without notice.

Service Suspension

YAPSODY reserves the right to temporarily suspend or discontinue operation of YAPSODY, in whole or in part, with or without notice for reasons including, without limitation, maintenance and network difficulties. YAPSODY shall in no way be liable to any User or any third party for any damages to User in connection therewith.

Termination

YAPSODY shall have the right to terminate, revoke, or suspend a User Account or User License or to delete Seller Content for any reason at its sole discretion without prior notice and without liability to any User or third-party.

Personalized URL

Upon registering a Seller account, a User may be given the opportunity to create a personalized web address for Seller’s Online Store (e.g., subdomain: MyVenue.yapsody.com). All such web addresses shall remain the sole property of YAPSODY. YAPSODY shall have the right to revoke the right to use any web address at its sole discretion. The circumstances under which a web address is most likely to be revoked are if a Seller is requesting control of a URL that is already controlled by another User (a “Controlling User”), and it appears to YAPSODY that the Controlling User may be engaged in “cybersquatting” as evidenced by either (a) the Controlling User’s apparent attempt to trade on a web address containing a name that YAPSODY deems to have no significant relation to the Controlling User, or (b) an unreasonably low volume of Merchandise Transaction activity in connection with the web address in question — all of the foregoing as determined by YAPSODY in its sole discretion.

Warranties Disclaimer

YAPSODY IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YAPSODY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THAT OF TITLE AND ALL IMPLIED WARRANTIES INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHEMORE, YAPSODY MAKES NO WARRANTY THAT: (I) THE SERVICES PROVIDED VIA YAPSODY WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (II) INFORMATION OBTAINED VIA YAPSODY WILL BE ACCURATE OR RELIABLE; AND (III) ANY CONTENT OR MERCHANDISE OBTAINED BY A CUSTOMER VIA YAPSODY OR ATTENDANCE OF ANY EVENT FOR WHICH A TICKET WAS PURCHASED VIA YAPSODY IS SAFE, LEGAL, OR MEETS THE CUSTOMER’S EXPECTATIONS. YAPSODY IS NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR ANY CONTENT, MERCHANDISE, OR ACTIONS OF ANY USER OR THIRD-PARTY IN CONNECTION WITH ANY SELLER MERCHANDISE OR EVENT FOR WHICH TICKETS ARE PURCHASED VIA YAPSODY. YAPSODY SHALL HAVE NO LIABILITY WITH RESPECT TO ANY DISCLAIMED WARRANTY EXCEPT TO THE EXTENT OTHERWISE PRESCRIBED BY APPLICABLE LAW.

Limitation of Liability / Release

User acknowledges that YAPSODY has no control over and does not guarantee the quality, safety or legality of Merchandise; or events promoted or sold via YAPSODY; or the truth or accuracy of any User Content. Except to the extent otherwise dictated by law, YAPSODY shall not be liable in tort, contract, or other legal theory for: (i) damages of any kind (including direct, incidental, special, consequential, punitive, or exemplary damages) for any reason, including those arising out of a loss of profits, loss of goodwill, or a Seller’s misuse of User Data; (ii) damages of more than $100.00 USD in the aggregate for all claims arising out of a User’s use of YAPSODY; and (iii) any matters beyond YAPSODY’s reasonable control. Furthermore, use of YAPSODY, including the downloading of any Software, shall be at the User’s sole risk, and YAPSODY shall have no liability with respect to a User’s or third-party’s misuse of any User Content.

User agrees to indemnify, defend, and hold harmless YAPSODY Related Parties from any and all damages, losses, injuries and expenses (including, without limitation, reasonable attorney’s and legal fees) resulting from any claim, demand, lawsuit, or legal proceeding arising out of (i) User Content; (ii) the sale, delivery, and authenticity of Seller Merchandise; (iii) disputes between a Seller and Customer; (iv) disputes between Users; (v) disputes between a User and third party; (vi) disputes related to API Services; and (vii) disputes related to Electronic Payments in connection with Seller Merchandise. Furthermore, YAPSODY shall have no responsibility or liability for the acts or omissions of any API Services provider, include those of Payment Gateways.

Privacy

All User Data is governed by the Privacy Policy, which is hereby incorporated by reference into this TOU and can be found at www.YAPSODY.com/ticketing/privacy-policy. The extent to which YAPSODY may use User Data and make User Data accessible to other Users and third-parties shall be governed by the Privacy Policy terms. Users and third parties with access to User Data shall also be bound by the Privacy Policy. Notwithstanding the foregoing, while YAPSODY may restrict such access to Users and third-parties who violate the Privacy Policy, YAPSODY shall nevertheless have no obligation to take legal action to enforce the Privacy Policy against said entities and shall bear no liability in connection therewith with respect User Data access that was provided in good faith pursuant to the terms of the Privacy Policy. Furthermore, YAPSODY is not liable for the protection or privacy of User Data transferred through email or otherwise through a network.

Notices

• GENERAL: Notices from YAPSODY to Users shall be made by email unless otherwise required by law. Notices from Users to YAPSODY may be submitted to YAPSODY’s support team by filling out the online inquiry form in the Website support section.

• MISCONDUCT: Users and third parties may report the misconduct of other Users or API Services providers to YAPSODY’s support team by filling out the online inquiry form in the Website support section. Any investigation or action taken by YAPSODY in connection with such report shall be entirely in YAPSODY’s sole discretion except as otherwise required by law.

• DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) — REMOVING COPYRIGHT INFRINGING CONTENT: If you are the lawful copyright owner of Content; you have not given your consent for that Content to be displayed on, uploaded to, transmitted to/by, downloaded from, or accessible via YAPSODY; and you believe in good faith that no exception (e.g., Fair Use) applies that would otherwise serve as a defense to a claim of copyright infringement; then you or your agent may send to YAPSODY a takedown notice requesting that said Content be removed or blocked. Since the takedown notice is legal in nature and serves to initiate a legal process, your claims must be truthful, made in good faith, and contain all the elements prescribed by the Digital Millennium Copyright Act (DMCA) in order for YAPSODY to be able to take action.

By submitting a copyright takedown notice to YAPSODY, you agree to the following: (a) YAPSODY may share the notice in its entirety (including your identity and contact information) with the alleged infringer(s), and (b) you accept full liability for and indemnify YAPSODY Related Parties in connection with any damages incurred by YAPSODY or a third party that have arisen in connection with actions that YAPSODY has taken in accordance with the DMCA in response to your notice. Consequently, we strongly recommend that you consult with an attorney before submitting a copyright takedown notice.

The easiest and quickest way submit a takedown notice and for YAPSODY to take timely action is to email it to DMCA@yapsody.com. Alternatively, you may also mail it to:

Yapsody, Inc.
Attention: DMCA Compliance Manager
5348 Vegas Drive, Suite 495
Las Vegas, Nevada 89109
USA

We strongly recommend that if you mail us a physical notice, you also follow up with a soft-copy via email as soon as possible.

Trademark Information

The Marks may be used by Users in connection with the promotion and/or sale of Permitted Seller Merchandise provided that usage of the Marks does not (i) imply or in any way indicate that YAPSODY controls the Permitted Seller Merchandise or is the merchant of record thereof, (ii) disparage YAPSODY Related Parties or API Services providers, or (iii) damage the goodwill in the Marks. Any other use of the Marks shall require the express written consent of YAPSODY. YAPSODY reserves the right to revoke any User’s right to use the Marks for any reason.

General

  • User warrants and represents that it will not violate the terms of this TOU, with special emphasis on the section of this TOU entitled “Restricted Use of the Services”.
  • The TOU constitutes the entire agreement between User and YAPSODY and supersedes any prior versions of this TOU. This TOU is separate and apart from any Seller Terms of Sale that may apply when transacting Merchandise or any applicable terms of service provided by an API Service or Content provider in connection therewith.
  • Yapsody, Inc., a Nevada corporation, owns all rights to license YAPSODY services to Users. This TOU is governed by the laws of the state of Nevada, United States as applied to contracts entered into and performed entirely within Nevada by entities domiciled in Nevada. Any legal claims arising in connection with the TOU shall be resolved, on an individual basis absent consolidation with the claims of any other party, through binding arbitration to be conducted in Las Vegas, Nevada in accordance with the rules of the Judicial Arbitration and Mediation Service. Judgment on the arbitration award may be entered in any court having jurisdiction in Las Vegas, Nevada, and User agrees to submit to the personal jurisdiction of the courts located therein.
  • Provisions related to liability, indemnification, disclaimers of warranties, intellectual property protections, and protection of User Data shall survive termination of this agreement.