The following Terms of Service of TourismExchange's Metcove Ticketing Service applies both to service providers and buyers.
1. ACCEPTANCE OF TERMS
TourismExchange's Metcove Ticketing Service provides its services to you (both the corporation and its services being hereafter referred to as "Metcove"), 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 on Metcove web site. In addition, when using Metcove, you and Metcove 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 Metcove responsible for other users' (including service providers') content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of e-Ticketing advertised, the truth or accuracy of users' content, listings, or ability to perform, or actually complete a transaction.
2. DESCRIPTION OF Metcove
Metcove provides a simple and quick means for event Holders a.ka. Metcove Event Organizer Accounts to collect fees for their e-Ticketing online through the Web. support and other extended service providers may come to the Metcove web site, fill out a questionnaire about their offerings, including pricing, location, etc., and collect fees online directly from their buyers. Payments are all transacted through PayPal, Google Checkout and/or other Metcove specified payment mode ("MSPM"). For more information, please see http://www.Metcove.com. As used herein, "Customers" means Metcove event holders ("Metcove Event Organizer Accounts"), registered event attendees ("Metcove Events Accounts") and participants in current or future referral programs.
3. PAYMENT PROCESSING INFORMATION
There are two types of payment processing options when using Metcove: 1. Self Service (collecting registration fees using PayPal, Google Checkout, or offline methods) and 2. Full Service (using Metcove payment processing gateway). Depending on the payment processing option you choose when using Metcove, monetary collections will be made by you directly (Self Service) or by Metcove (Full Service). While both menthods are described below, only the Full Service method is currently supported.
A. Self Service
You will collect all monies directly and by signing up for and using Metcove, you agree to submit payment to Metcove for service charges owed upon receipt of the Invoice (sent monthly for service charges incurred in the previous month). For more information: http://www.Metcove.com/fees
You accept the responsibility to provide refunds to Ticket Buyers at your own discretion. Metcove will not be held liable for refunds or lack thereof during the use of ESPM.
B. Full Service
Metcove will collect all monies on behalf of the Event Organizer ("You") and deduct all applicable service charges from registration fees as stated here: http://www.Metcove.com /fees. Metcove will mail all payments to you (event monies minus service charges) at the address that you accurrately provide on the Metcove Web Site. We will submit payment for one hundred percent (100%) of the total balance due to you five (5) business days after the Event end date, however, we reserve the right to withhold funds at any time as we determine to be necessary for the processing and settlement of all returns, disputed charges, and other discrepancies. All sales, fees, charges, and funds are payable in U.S. Dollars.
It is the responsibility of the Event Organizer to request refunds from Metcove on the behalf of the Ticket Buyer. It is the responsibility of Metcove to make the refund to the individual Ticket Buyer, unless the allowed Refund time allowance of 96 hours past the Event end date. If the Event is cancelled for any reason and a complete refund must be issued to all Ticket Buyers, the Event Organizer must inform Metcove of the cancellation within 24 hours of the originally scheduled event start time. Metcove will handle all refunds for cancelled events and the buyer will be refunded within thirty (30) days of the date of the cancelled event. No payments shall be made to you from Metcove due to an Event cancellation. If an Event is rescheduled for a different date and a Ticket Buyer cannot attend the new date, the Ticket Buyer will receive a full refund and the applicable service charges will be deducted from the check issued to you after the new event. Any credit card chargebacks initiated by the Ticket Buyer for any reason, with the exception of fraudulent use of the credit card, shall be charged back to you. Metcove shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with Metcove; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by Metcove within thirty (30) days, Metcove reserves the right, at our sole discretion, to terminate this Agreement and to cancel all other Events listed by you as provided herein.
Upon receipt of a credit card authorization from each individual ticket purchase, Metcove generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by Metcove. It is Your responsibility to verify the customer's membership status, confirmation number, and/or any event restrictions prior to the Event.
4. TICKET BUYER REFUND POLICY
As it applies solely to the Full Service agreement (Section 3B, iii), the Ticket Buyer shall request a refund from the Event Organizer within 96 hours of the Event end date. Metcove will honor refund requests from the Event Organizer within the Refund time allowance of 96 hours past the Event date. Refunds will be initiated by Metcove and applied to the original form of purchase by the Ticket Buyer within thirty (30) days of Event end date.
5. 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 Metcove assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
6. YOUR REGISTRATION OBLIGATIONS
In using the Metcove Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to:
You acknowledge that Metcove does not pre-screen any Content working in coordination with the Service, but that Metcove 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 Metcove 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 Metcove, 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.
- 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 Metcove 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, the Canadian Stock and Exchange Commissions, 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.
8. 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 Canada, the United States or the country in which you reside.
You agree to indemnify and hold Metcove, 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.
10. MODIFICATIONS TO SERVICE
Metcove 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. Metcove will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that Metcove shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Metcove, 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 Metcove, or if Metcove believes that you have violated or acted inconsistently with the letter or spirit of the TOS. Metcove 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 Metcove 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 Metcove shall not be liable to you or any third-party for any termination of your access to the Service.
12. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
13. LIMITATION OF LIABILITY
- a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. Metcove 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. Metcove 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 Metcove OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Metcove 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 Metcove 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.
14. 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. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Metcove has no control over such sites and resources, you acknowledge and agree that Metcove 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 Metcove 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.