Terms of Service
Last updated: April 20, 2018
Last updated: April 20, 2018
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.
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.
User shall not do (or permit anyone else to do) the following and accepts full responsibility and liability for the following:
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.
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.
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.
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.
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.
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.
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.
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.
• 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:
Attention: DMCA Compliance Manager
5348 Vegas Drive, Suite 495
Las Vegas, Nevada 89109
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.
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.