This User Agreement ('Agreement') describes the terms on which TikTiks Inc. (‘TikTiks’/‘we’/‘us’) offers you access to our Services (as defined below) which are made available via TikTiks.com(the ‘Site’) and the TikTiks mobile application (the 'App').
By using the Site, the App and/or our Services, you indicate your acceptance of this Agreement. If you do not accept this Agreement, do not use the Site, the App or our Services. This Agreement may be amended by us from time to time without notice. It is your responsibility to review this Agreement for any changes. Your use of the Site, the App and/or the Services after the posting by us of any amendments or updates to this Agreement will signify your acceptance of such revised terms.
1. The TikTiks Service.
1.1 The Service. TikTiks is an online marketplace that allows fans to buy and sell tickets and related passes to events (the ‘Service’). Individuals or businesses who post tickets or passes for sale through the Service are hereinafter referred to as “Sellers”, and individuals who purchase tickets or passes through the Services are hereinafter referred to as “Buyers”.
1.2 Registration on TikTiks. In order to use our Services, you must register for an account. By registering for an account, you represent and warrant that you are able to form legally binding contracts and that you are over the age of 18. You need an email address, password and a valid credit card to list, sell and purchase tickets or related passes. You are solely responsible for maintaining the security of your email address and password and for all activity that occurs under your account. You should not disclose your account information to any other person.
1.3 Service Fees. We do not charge a fee to register for an account, or to list tickets, or to sell tickets and related passes for sale. However, TikTiks may list the ticket and/or related passes for more than the seller’s asking price. TikTiks charges the Buyers transactional fees for administering the sale and purchase of tickets and related passes through the Service. Buyers will pay a 10% fee on the total sale when the applicable ticket or pass are sold. Buyer total fees will be disclosed to the Buyer prior to completing the purchase of the applicable ticket or pass. See further, ‘Buying and Selling Tickets and Passes’ below.
2. Buying and Selling Tickets and Passes.
2.1 Listing Tickets. By listing tickets or related passes on the Site and App, you represent and warrant that such tickets or related passes are in your possession ('In Hand'). You must verify that tickets and related passes are In Hand by transferring them from your Ticketmaster Account to us by using the "transferring ticket to a friend" option, or by sending us a PDF, PNG, JPEG or other image file of such ticket or pass. You are solely responsible for fulfilling the sale of your tickets or related passes with the exact tickets or related passes you listed.
2.2 Buying Tickets. If you place an order to purchase tickets or related passes, we will obtain an authorization from your credit card with Stripe for the price of the tickets or related passes, plus a 10 percent (10%) transactional fee and applicable taxes (the 'Total'). In most cases, the charge for the Total will be withdrawn from the Buyer’s credit card account within forty-eight (48) hours of placing the order. The Total is remitted to TikTiks, and the price paid for the tickets is disbursed to the Seller according to our payment policy. Although an authorization is not a charge, credit card and debit card issuers may place a hold on funds when we obtain an authorization. Please contact your financial institution to better understand their policies. In all cases, we are not responsible for any bank fees or other penalties resulting from authorizations and/or charges.
2.4 Payments to Verified Sellers. If you sell tickets or related passes through the Service, you will receive payment via Interac Email Transfer or direct deposit about forty eight (48) hours after you sold the applicable tickets or related passes. There will be a $1.50 fee for each payout. Notwithstanding the foregoing, if the Buyer reports an issue within twenty-four (24) hours of the event for which you sold the applicable tickets or related passes, we will withhold your payment pending an investigation. If we determine in our sole discretion that you sold tickets or passes that were fake or otherwise not redeemable, we will refund the purchase price to the Buyer and you will not receive any payment. In addition, we may terminate your account and pursue any other remedies we may have at law.
2.5 Payments to Unverified Sellers. If you sell tickets or related passes through the Service, you will receive payment via Interac Email Transfer or direct deposit about twenty-four hours (48) hours after the date of the event. There will be a $1.50 fee for each payout. Notwithstanding the foregoing, if the Buyer reports an issue within twenty-four (48) hours of the event for which you sold the applicable tickets or related passes, we will withhold your payment pending an investigation. If we determine in our sole discretion that you sold tickets or passes that were fake or otherwise not redeemable, we will refund the purchase price to the Buyer and you will not receive any payment. In addition, we may terminate your account and pursue any other remedies we may have at law.
2.6 Invalid Tickets. If we receive a report that tickets you sold on the Site or App were not valid for entry, you will be notified by email and we'll investigate to try to determine what caused the issue, and, if necessary, we'll reach out to you to request documentation. In this situation, except in cases where the venue or primary is responsible for the invalid ticket (as determined by our investigation), TikTiks will charge your payment method an amount equal to the greater of (i) 150% of the price of the ticket(s) sold or (ii) the full amount incurred by TikTiks to remedy the issue for the buyer (the “Invalid Ticket Charge”).
If you fail to respond to this email and or to take any other actions required by TikTiks to investigate the invalid ticket claim, you may be charged an amount equal to 150% of the cost of the original tickets, in addition to the Invalid Ticket Charge described in the paragraph above. A response constitutes an acknowledgment of our request and a bona fide effort to investigate the claim and obtain documentation. However, failing to respond, and not being able to provide documentation are not the same. We understand that every team and venue is different, and there may be cases where you cannot obtain documentation to assist in the investigation. In these cases, we'll work with you and use your history with us, specifically your invalid ticket claim rate, to determine the resolution.
2.7 Reporting an Issue. If you are a Seller, you have twenty-four (24) hours from the time your tickets or related passes are sold to 'Report an Issue' (e.g., you no longer have the exact tickets you listed for sale, or you can no longer send your tickets on or before the Expected Delivery Date) without a monetary penalty. You can 'Report an Issue' by following the 'Report an Issue' link in your Sale Notification email or by clicking the 'Report an Issue' link on the Menu screen or by calling 1-888-684-5845. When Reporting an Issue, you understand and agree that your modification (including but not limited to, your modification of the Expected Delivery Date) may not be accepted, and TikTiks may, in its sole discretion, cancel the sale without further notice to you and not pay you for that sale. If you Report an Issue more than three (3) times within a twelve (12) month period, TikTiks reserves the right, in its sole discretion, to issue you a warning, or temporarily or permanently suspend you from using TikTiks' Site, App or Services. If you are a Buyer, you have forty-eight (48) hours from the time of the event you purchased tickets or related passes for to Report an Issue, for example if you are unable to redeem such ticket or pass at the event.
2.8 Event Cancellations. If an event is cancelled, we will remove the event and any listings for tickets or passes for such event from the Site and the App. If you sold tickets to an event that is cancelled, we will cancel the sale and you will not be paid. If you had already been paid for the sale, we will charge your credit card for the amount you received for the original sale.
2.9 Event Postponement. If you sold tickets to an event that is postponed or rescheduled, you are not permitted to resell those tickets or related passes or in any way invalidate or change a ticket or related pass you sold to the postponed or rescheduled event.
2.10 Removing Listings for Tickets or Related Passes. If you upload electronic tickets or related passes for sale and then subsequently remove the listing, we are not responsible if you are unable to use your tickets or related passes due to technical or any other reasons.
2.11 Fraud Protection. In our effort to protect Buyers, we may call you to verify your account, request proof of ownership of the event tickets or passes, screen ticket sales or listings for signs of fraud, which may result in automatic cancellation of listings or sales and temporary or permanent suspension of accounts. If your transaction is cancelled in error, or your account suspended in error, please contact us and we may reinstate your account or listing, in our sole discretion.
2.12 TikTiks Buyer’s Guarantee. In the event that you are rejected for entry at the venue with the tickets you purchased on the Service, you must notify us immediately by using the Report an Issue feature or by calling us toll free at 1-888-684-5845. We will work with you to determine the reason why you were rejected. If it is deemed an issue related to our Service, we will procure for you seats of similar value, determined by TikTiks, for that event. If we can not procure replacement seats, we will process a full refund to your method of payment.
3. Intellectual Property Rights.
3.1 Ownership of Intellectual Property Rights and License. The Site, the App, the Services, and the information and materials that contained therein, are the property of TikTiks and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, TikTiks grants you a non-transferable, non-exclusive, license to (a) use the Site for your use, and (b) download, install and use one copy of the App on a mobile device that you own or control for your use (the 'License’). Nothing in this Agreement gives you a right to use the TikTiks names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Site. Any future release, update, or other addition to functionality of the Site or the App shall be subject to the terms of this Agreement.
3.2 Feedback. If you provide TikTiks with any suggestions, comments or other feedback relating to any aspect of the Site, the App and/or Services (‘Feedback’), TikTiks may use such Feedback in the Site, the App and/or Services or in any other TikTiks products or services (collectively, ‘TikTiks Offerings’). Accordingly, you agree that: (a) TikTiks is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to TikTiks, (c) TikTiks (including all of its successors and assigns and any successors and assigns of any of the TikTiks Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any TikTiks Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from TikTiks or anyone else in respect of the Feedback.
4. Prohibited Conduct
4.1 Offline Transactions. You agree not to use the Site, the App or the Service to (a) contact other TikTiks users, (b) invite contact with other TikTiks users, or (c) solicit sales outside of TikTiks.
4.2 Inappropriate Behavior. You agree not to use inappropriate images, abusive language or behave in an abusive manner to any TikTiks employee or user. You also agree to behave appropriately and in compliance with venue standards of conduct at events for which you have purchased tickets and related passes through the Service.
4.3 Illegal Activity. You agree not to use the Services for unlawful purposes or in an unlawful manner. You agree to comply with all applicable local, provincial, federal and international laws, statutes and regulations regarding use of the Site, the App and/or the Services and the listing, selling, buying, and use of tickets and related passes. This includes, but is not limited to, laws pertaining to pricing your tickets. You acknowledge that TikTiks does not monitor or obtain the face value or total amount paid by the Seller of tickets listed on the Site or App. You agree to pay any and all local, provincial, federal, or international taxes that may be due. You agree not to use, or permit anyone to use, information provided through the Site or App for any unlawful or unauthorized purpose. You agree not to register under a false name or use an invalid or unauthorized payment method. You agree not to copy, modify, or distribute any content from the Site or App, including TikTiks’ copyrights and trademarks, and/or link to the Site without TikTiks's prior written permission.
4.4 Double Posting and Removal of Tickets. Once a ticket or related pass is posted, we strongly discourage posting such ticket or related pass for sale elsewhere. If you do post your ticket or related pass for sale elsewhere and the ticket or related pass sells elsewhere or otherwise leaves your control after you list it, you must immediately remove your listing from TikTiks.
4.5 Stolen Property. The sale of stolen property on TikTiks is strictly forbidden and violates provincial, federal and international law. TikTiks strongly supports law enforcement efforts to recover stolen property that is listed on the Site or App, and we will cooperate with such law enforcement efforts.
4.6 Misrepresentation of Tickets or Related Passes. You must accurately answer all questions asked during the listing for sale process. You must not withhold any relevant information, whether or not we request it. Inaccurate presentation of the possession status of a ticket or pass, seat locations, quantity, quality, or other information is not allowed.
4.7 Speculative Tickets. We do not allow the listing or selling of speculative tickets or 'spec tickets' (tickets or related passes that the Seller does not yet actually own).4.9 Unauthorized Access and Interference. TikTiks's Site contains robot exclusion headers and rules in robots.txt. Information on our Site and App is subject to constant updates and changes. Much of the information on our Site and App is also proprietary or is licensed to TikTiks by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our Site or App for any purpose without our express handwritten permission.
4.9 Unauthorized Access and Interference. TikTiks' Site contains robot exclusion headers and rules in robots.txt. Information on our Site and App is subject to constant updates and changes. Much of the information on our Site and App is also proprietary or is licensed to TikTiks by our users or third parties. You agree that you will not use any robot, spider, scraper, or other automated means to access our Site or App for any purpose without our express handwritten permission.
Additionally, you agree that you will not:
5. Complaints and Violations.
5.1 Investigations. We may investigate complaints and violations of our policies or the policies of venues, artists, or teams. You agree to cooperate fully with such investigations, including without limitation: providing us specific information regarding your right to a ticket or related pass, the source of a ticket or related pass, your acquisition of a ticket or related pass, and the price you paid for a ticket or related pass.
5.2 Violations, Termination and Suspension. We may take any action that we deem appropriate in our sole discretion (including without limitation: issuing a warning, temporarily or permanently suspending you from using the Site, the App or Services, denying access, removing a listing, requiring you to edit a listing, cancelling a sale, requiring you to send the ticket(s) to the Buyer within a specified time, or withholding a payment to you, if: (a) you breach this Agreement or any policy or term it incorporates by reference; (b) you breach any representation or warranty you make under this Agreement; (c) you're unwilling to cooperate with our investigation of a complaint or reported violation; (d) we're unable to verify or authenticate any information you provide; (e) you engage in an activity set forth in Section 4 of this Agreement; or (f) we believe your conduct may cause legal liability for you, for other users, or for TikTiks. You agree that payments owed to you for sales made through this Site or App may be suspended or delayed pending our investigation. TikTiks is not obligated to pay you for any sales if we have a good faith basis to believe such sales were unlawful.
5.3 Disclosure of Information. You agree that TikTiks may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other relevant third parties. TikTiks will cooperate to ensure that violators are prosecuted to the fullest extent of the law. TikTiks will also respond to all inquiries initiated by governmental agencies or as otherwise legally compelled.
6.1 Modification or Suspension of the Site, App and/or Services. TikTiks reserves the right at any time to modify or discontinue, temporarily or permanently, the Site, the App, or with the Services without notice for any reason. You agree that we shall not be liable to you or any third party for any modification, suspension or discontinuance of the Site, the App and/or the Services.
6.2 Maintenance. From time to time, the Site, App and/or our Services may be temporarily unavailable due to maintenance. You agree that we shall not be liable to you or any third party for any losses incurred in connection with unavailability of the Site, the App and/or the Services.
6.3 Sale of Tickets. TikTiks does not provide any guarantee that your tickets or related passes will sell and will not provide any compensation for tickets or related passes that do not sell on our Site or App, including for unsold tickets or related passes resulting from a Site or App outage or maintenance. TikTiks also does not guarantee how long it will take for a listing to appear on the Site after it is posted and is not responsible for unsold tickets or related passes resulting from any listing delays.
6.4 DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE SITE, THE APP AND THE SERVICE, AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." TIKTIKS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.
7. Limitation of Liability and Indemnity.
7.1 LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL TIKTIKS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS SITE, THE APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE SITE OR THE APP, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE SITE OR THE APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE SITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE SITE OR THE APP OR SERVICES. THESE LIMITATIONS SHALL APPLY EVEN IF TIKTIKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TIKTIKS’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID TIKTIKS IN THE PRIOR 12 MONTHS (IF ANY). THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
7.2 GENERAL INDEMNITY. YOU AGREE TO INDEMNIFY AND HOLD TIKTIKS AND (IF APPLICABLE) TIKTIKS'S PARENT, SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, ATTORNEYS, AGENTS, EMPLOYEES, LICENSORS AND SUPPLIERS (THE 'TIKTIKS INDEMNITEES') HARMLESS AGAINST ANY CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LIABILITIES, LOSSES, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH YOUR BREACH OF THIS USER AGREEMENT, YOUR IMPROPER USE OF TIKTIKS'S SITE, APP OR SERVICES, AND/OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
8. General Provisions.
If you have any questions about this Agreement or if you wish to make any complaint or claim with respect to the Site, the App or Service, please contact us at: firstname.lastname@example.org.
Last Updated: November 17, 2016