Welcome to AVConnect 2019, a service of AUDIENCEVIEW TICKETING CORPORATION. Your use of the services provided by AVConnect 2019 is subject to the following Terms of Service.
1. ACCEPTANCE OF TERMS.
The following terms and conditions (this "TOS") govern all use by you as a Registrant (as defined below) or other user or visitor of (a) the AVConnect 2019 websites and domains (including all webpages, subdomains and subparts therein contained, the "Site"), (b) any and all services available on or through the Site or otherwise provided by AUDIENCEVIEW TICKETING CORPORATION doing business as AVConnect 2019 (“AVConnect 2019”) in connection with events listed on the Site, and (c) all Software (as defined below) (collectively, the "Services"). The Services are owned and operated by AudienceView Ticketing Corporation or its licensors. The Services are offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be established from time to time by AVConnect 2019 in respect of the Services. BY USING OR ACCESSING ANY PART OF THE SERVICES, YOU AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED HEREIN AND ALL OTHER OPERATING RULES, POLICIES AND PROCEDURES THAT MAY BE ESTABLISHED FROM TIME TO TIME BY AVConnect 2019 IN RESPECT OF THE SERVICES. IF YOU DO NOT AGREE TO ANY OF SUCH TERMS, CONDITIONS, RULES, POLICIES OR PROCEDURES, YOU MAY NOT USE OR ACCESS THE SERVICES.
AVConnect 2019 reserves the right, at its sole discretion, to modify or replace any of the terms or conditions of this TOS at any time. It is your responsibility to check this TOS periodically for changes. Your continued use of the Services following the posting of any changes to this TOS constitutes acceptance of those changes. If any change to this TOS is not acceptable to you, your sole remedy is to cease accessing, browsing and otherwise using the Services.
2. DESCRIPTION OF AVConnect 2019.
AVConnect 2019 provides tools to sell registrations/registrations/reservations for events and other activities, merchandise through an online interface. Payments for registrations purchased by Registrant s are collected by AVConnect 2019 via a payment gateway. This TOS applies to you and your use of the Services as a Registrant and/or other user or visitor of the Services ("you").
3. YOUR USE OF THE SERVICES.
3.1 The Services.
Subject to your compliance with the terms hereof, and applicable laws, rules and regulations, AVConnect 2019 hereby grants you a non-exclusive, non-transferable, non-sublicensable right to access and use the Services solely for the purposes of browsing the Site, and searching for, viewing, purchasing or registering for, and interacting with, an Event. Notwithstanding the foregoing, you shall not, and shall not permit anyone else to, directly or indirectly: (i) modify, reproduce or otherwise create derivatives of any part of the Services or Site Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of the Services (except that this restriction shall not apply to the limited extent restrictions on reverse engineering are prohibited by applicable local law); (iii) rent, lease, resell, distribute or use the Services for timesharing, service bureau, or commercial purposes; (iv) remove or alter any proprietary notices or labels on or in the Services or Site Content; (v) engage in any activity that interferes with or disrupts the Services; or (vi) engage in any fraudulent activity or activity that facilitates fraud.
You understand and agree that the Services may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews which we may undertake from time-to-time; or (iii) causes beyond our control or which are not reasonably foreseeable by us. Our Service is offered as-is, and as-available. We have no control over your ability to access the Services at any particular time and we are not responsible for any limitation of services due to technical difficulties beyond our control, including any interruption of service in providing the Service.
3.3 Registration Limit.
You may be limited to a certain number of registrations for each Event. This policy is intended to discourage other purchasers from engaging in unfair trade practices. If we learn that you are purchasing more than the pre-determined number of registrations for an Event and engaging in practices that AVConnect 2019, in its sole discretion, determine to be unfair, AVConnect 2019 will terminate your account and cancel your registration purchase without prior notice to you.
3.4 Order Confirmation and Billing Information Verification.
If you do not receive an email confirmation of your purchase after submitting payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with AVConnect 2019 whether or not your order has been placed by contacting AVConnect 2019 customer support by emailing AVConnect 2019 at email@example.com. Only you may be aware of any problems that may occur during the purchase process. AVConnect 2019 will not be responsible for such losses (whether monetary or otherwise).
3.5 Event Restrictions.
Some Events listed on AVConnect 2019 may have certain restrictions. For example, some Events will only admit people over a certain minimum age or must have a certain affiliation, such as being a student at a particular college or university. It is your responsibility to determine if a particular Event restriction applies to you (and to your party, if applicable) and to fulfill all criteria in order to gain admittance. No refunds will be given if you are declined entry to an Event due to a restriction.
4. SALES & PAYMENT.
Paypal (on AVConnect 2019’s behalf) acts as a payment processor for registrations and merchandise in connection with Events.
4.2 Cancelled Events.
Occasionally, Events are cancelled or postponed by the Event Owner due to weather conditions or situations affecting the staff or audience. If an Event is cancelled or postponed, refunds will be determined by the Event Owner. To find out about the refund availability and process:
you will be notified by email if you have opted in to receive email updates; or
you can review notices posted on this website or contact the Event Owner via the email at firstname.lastname@example.org.
If the Event was moved or rescheduled, the Event Owner may set refund limitations. Contact us for exact instructions.
If a refund is to be issued, then the following refund method applies:
If you booked online or by phone using a credit card, AVConnect 2019 will automatically refund to the credit card used for purchase within 14 days of notice that a refund for this Event applies.
If you purchased the ticket(s) independently of the AVConnect 2019 platform, you will need to return the registrations directly to the place where you purchased the registrations.
Refunds are not permitted. Registrants may transfer a registration to another member of their organization, by contacting email@example.com. All communications or disputes regarding refunds are between AVConnect 2019 and Registrant. All communications and disputes regarding chargebacks and refunds are between you and AVConnect 2019. If you are a Registrant and you wish to request a refund in connection with an Event listed on the Services, you should contact AVConnect 2019 directly.
5. Event Content.
All complaints or concerns about an Event should be communicated to AVConnect 2019.
You acknowledge and agree that AVConnect 2019 may reserve the right to set the terms and conditions for the Events, and you agree to be bound by such additional terms and conditions, including, without limitation, in respect of:
Admission to Events (e.g. latecomers may not be admitted until a suitable break); and
the right to change/withdraw advertised artists, programs or seating without notice.
6. YOUR REGISTRATION OBLIGATIONS.
To access certain functionality of the Services, you must be a registered user of the Services. To be a registered user of the Services, whether as a Registrant or other user, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the account creation form (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 AVConnect 2019 has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, AVConnect 2019 has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Services (or any portion thereof). You must be at least 18 years of age, or the legal age of majority where you reside if that jurisdiction has an older age of majority, to register for an account.
You represent and warrant the following (i) you are over (18) years of age, (ii) you have the right power, and authority to enter into and perform your obligations hereunder, (ii) you are not buying registrations specifically for resale and are not a re-seller, wholesaler, or bulk purchaser of registrations, (iv) you will not use our Services for any unacceptable uses, as partially listed herein, (v) you will only use our Services to transmit and disseminate information reasonably related to your ticket purchase and/or Event information; and (vi) the information you provide, including but not limited to all information concerning your name, address, credit card number, and other identifying information of any nature will be true, complete and correct, and you will update all information as it changes.
7. ACCOUNT, PASSWORD AND SECURITY.
As part of the account creation process, you will create a password and account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by sub-users registered under your account. You agree to (a) immediately notify AVConnect 2019 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. AVConnect 2019 cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that AVConnect 2019 shall be the sole arbiter of such dispute in its sole discretion and that AVConnect 2019's decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties
You agree to defend, indemnify and hold AVConnect 2019, its licensors, parents, affiliates, suppliers, advertisers and sponsors, and each of their respective directors, officers, employees, consultants, agents and representatives, harmless from any and all damage (whether direct, indirect, incidental, consequential or otherwise), loss, liability, cost and expense (including, without limitation, reasonable attorneys' and accounting fees) resulting from any claim, demand, suit, proceeding (whether before an arbitrator, court, mediator or otherwise), or investigation made by any third party (each a "Claim") due to or arising out of: your use of, contribution to or connection with the Service; your violation of this TOS; and/or your violation of any rights of any third party. AVConnect 2019 shall provide notice to you of any such Claim, provided that the failure or delay by AVConnect 2019 in providing such notice shall not limit your obligations hereunder. AVConnect 2019 reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting AVConnect 2019's defense of such matter.
9. SERVICE MODIFICATIONS/SUSPENSIONS.
AVConnect 2019 reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) for any reason or no reason with or without notice. You agree that AVConnect 2019 shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
Without limiting in any way any other rights or remedies that AVConnect 2019 may have, AVConnect 2019 and its licensors, in any of their sole discretion, may terminate your password, accounts (or any part thereof) and/or your right to use the Services, and remove and discard any and all of Your Content within the Services, at any time for any reason or no reason, including, without limitation, for lack of use, failure to timely pay any fees or other monies due AVConnect 2019, or if AVConnect 2019 believes that you have violated or acted inconsistently with the letter or spirit of this TOS. You agree that any termination of your right to use the Services may be effected without prior notice, and acknowledge and agree that AVConnect 2019 and its licensors may immediately deactivate or delete your account and all related Content and files related to your account and/or bar any further access to such files or the Services. Further, you agree that AVConnect 2019 and its licensors shall not be liable to you or any third-party for any termination of your right to use or otherwise access the Services. All provisions of this TOS that by their nature should survive termination of your right to use the Services shall survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, and intellectual property protections and licenses).
The Services may provide, or third parties may provide, links to other Internet websites or resources. Because AVConnect 2019 has no control over such websites and resources, you acknowledge and agree that AVConnect 2019 is not responsible for the availability of such websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such websites or resources. You further acknowledge and agree that AVConnect 2019 shall not be responsible or liable for any damage or loss caused or alleged to be caused by or in connection with any use of or reliance on any such Content, advertising, products, services or other materials available on or through any such website or resource.
15. DISCLAIMER OF WARRANTIES.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. AVConnect 2019 (INCLUDING ITS LICENSORS) HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. AVConnect 2019 AND ITS LICENSORS MAKE NO WARRANTY THAT: (I) THE SERVICES WILL MEET YOUR REQUIREMENTS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY, SAFETY OR LEGALITY OF ANY CONTENT, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU, OR EVENTS ATTENDED, THROUGH THE SERVICES, OR THE SERVICES THEMSELVES (OR ANY PART THEREOF), WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE SERVICES WILL BE CORRECTED. AVConnect 2019 AND ITS LICENSORS ARE NOT RESPONSIBLE AND SHALL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, ACTIONS OR INACTIONS OF ANY USER, Registrant OR OTHER NON-EVENT OWNER, EVENT OWNER OR THIRD PARTY BEFORE, DURING AND/OR AFTER AN EVENT; AND AVConnect 2019 AND ITS LICENSORS WILL HAVE NO LIABILITY WITH RESPECT TO ANY WARRANTY DISCLAIMED IN (I) THROUGH (V) ABOVE. YOU ACKNOWLEDGE THAT AVConnect 2019 AND ITS LICENSORS HAVE NO CONTROL OVER AND DO NOT GUARANTEE THE QUALITY, SAFETY OR LEGALITY OF EVENTS ADVERTISED, THE TRUTH OR ACCURACY OF ANY USERS' (INCLUDING Registrant s', OTHER NON-EVENT OWNERS' AND EVENT OWNERS') CONTENT OR LISTINGS, OR THE ABILITY OF ANY USER (INCLUDING Registrant s, OTHER NON-EVENT OWNERS AND EVENT OWNERS) TO PERFORM, OR ACTUALLY COMPLETE A TRANSACTION. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. Notwithstanding the foregoing, you may report the misconduct of users, Registrant s, other non-Event Owners, Event Owners and/or third parties in connection with the Site or any Services to AVConnect 2019. AVConnect 2019, in its sole discretion, may investigate the claim and take necessary action.
16. LIMITATION OF LIABILITY.
AVConnect 2019, AND ITS LICENSORS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES OR UNDER ANY LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS TOS, FOR: (I) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVConnect 2019 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), (II) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, (III) AMOUNTS IN EXCESS OF US$1,000.00 IN THE AGGREGATE FOR ALL CLAIMS WITH RESPECT TO THE SERVICES, OR (IV) ANY MATTERS BEYOND AVConnect 2019'S REASONABLE CONTROL. AVConnect 2019 AND ITS LICENSORS SHALL HAVE NO LIABILITY WITH RESPECT TO ANY OF YOUR CONTENT OR ANY CONTENT OF ANY OTHER USER OF THE SERVICES. IN ADDITION, AVConnect 2019 IS NOT AFFILIATED WITH, AND HAS NO AGENCY OR EMPLOYMENT RELATIONSHIP WITH, ANY THIRD PARTY SERVICE PROVIDER USED IN CONJUNCTION WITH THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY FPM SERVICE), AND AVConnect 2019 AND ITS LICENSORS HAVE NO RESPONSIBILITY FOR, AND HEREBY DISCLAIM ALL LIABILITY ARISING FROM, THE ACTS OR OMISSIONS OF ANY SUCH THIRD PARTY SERVICE PROVIDER. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE SERVICES, YOU HEREBY AGREE TO RELEASE AVConnect 2019, ITS LICENSORS AND THEIR AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES FROM ALL DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSSES, LIABILITIES, COSTS AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH DISPUTES BETWEEN YOU AND THIRD PARTIES (INCLUDING OTHER EVENT OWNERS, Registrant s, AND OTHER NON-EVENT OWNERS) IN CONNECTION WITH THE SERVICES, YOUR ACCESS AND USE OF THE SERVICES, OR ANY EVENTS LISTED THEREON.
Notices to you may be made via either email or regular mail to the address in AVConnect 2019's records. The Services may also provide notices of changes to this TOS or other matters by displaying notices or links to notices to you generally on the Services. Any notice from you to us shall be sent in writing to our mailing address at AUDIENCEVIEW TICKETING CORPORATION, 200 WELLINGTON ST W, 2ND FLOOR, TORONTO, ON, M5V 3C7.
20. TRADEMARK INFORMATION.
The trademarks, service marks, and logos of AVConnect 2019 or its licensors (the "AVConnect 2019 Trademarks") used and displayed in connection with the Services are registered and unregistered trademarks or service marks of AVConnect 2019 or its licensors. Other company, product, and service names used in connection with the Services may be trademarks or service marks owned by third parties (the "Third Party Trademarks", and, collectively with AVConnect 2019 Trademarks, the "Trademarks"). The offering of the Services shall not be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed in connection with the Services without the prior written consent of AVConnect 2019 specific for each such use. The Trademarks may not be used to disparage AVConnect 2019, any third party or AVConnect 2019's or third party's products or services, or in any manner (in AVConnect 2019's sole judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any site is prohibited unless AVConnect 2019 approves the establishment of such a link by prior written consent specific for each such link. All goodwill generated from the use of any AVConnect 2019 Trademark shall inure to AVConnect 2019's benefit.
21.1 Entire Agreement.
This TOS (constitutes the entire agreement between you and AVConnect 2019 and governs your use of the Services as a Registrant or other non-Event Owner, superseding any prior or contemporaneous agreements, proposals, discussions or communications between you and AVConnect 2019 on the subject matter hereof. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third party Content, third party software or the Services in a manner other than as governed by this TOS.
22.2 Choice of Law.
This TOS and the provision of the Services to you are governed by the laws of the province of Ontario, Canada, as such laws are applied to agreements entered into and to be performed entirely within Ontario, Canada by Canadian residents.
Any controversy or claim arising out of or relating to this TOS or the provision of the Services shall be exclusively settled by binding arbitration in accordance with the Arbitration Act (Ontario). 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 Toronto, Ontario, Canada, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. Subject to the foregoing arbitration provision, you and AVConnect 2019 agree to submit to the personal jurisdiction of the courts located within the city Toronto, Ontario. Either you or AVConnect 2019 may seek any interim or preliminary relief from a court of competent jurisdiction in Toronto, Ontario, necessary to protect the rights or property of you or AVConnect 2019 (or its agents, suppliers, and subcontractors) pending the completion of arbitration. IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY AVConnect 2019 IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT YOU SET UP AN ACCOUNT, TO THE FOLLOWING ADDRESS: •, ATTENTION: LEGAL DEPARTMENT. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, MAILING ADDRESS AND EMAIL ADDRESS, AS WELL AS A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH AVConnect 2019 THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH AVConnect 2019, OR YOUR USE OF THE SERVICES.
21.4 Waiver; Invalid Provisions.
The failure or delay of AVConnect 2019 to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. No oral waiver, amendment or modification shall be effective under any circumstance whatsoever. If any provision of this 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 this TOS shall remain in full force and effect.
You may not assign your account or this Agreement, and such any assignment by you will be null and void; provided, however, that you may assign your account to the Services to a successor in interest in connection with the sale of your business as a going concern or in connection with the sale of all, or substantially all, of your assets. AVConnect 2019 has the right to assign this TOS at any time with or without notice to you.
21.6 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 Services or this TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in this TOS are for convenience only and have no legal or contractual effect.
Please report any violations of this TOS by email to firstname.lastname@example.org