Terms of Service
ETA User Agreement - US/Canada
Introduction and Key Terms
- THIS AGREEMENT AND THESE TERMS AND CONDITIONS
- This Agreement is between TheMovement, LLC (“Movement”) and you (“User”, “you”, “your”). Whether you are using the Movement Services to purchase Tickets (“Buyer”) or sell Tickets (“Seller”), this Agreement governs your access to and use of the Movement Services.
- Please note:
- ETA is a service offered by TheMovement, LLC, hence forth will be referred to as ("Movement")
- Movement does not routinely screen the content of any Listing or its suitability for individual Users;
- Movement does not own or set the Sale Price of any Tickets;
- Movement does not endorse any Users or any Listings and reserves the right to remove a Listing it deems inappropriate from the Movement website (“Website”) at any time and for any reason;
- Movement does not confirm the identity or suitability of Users; Users interact with and contact one another at their own risk;
- Movement provides an online platform to facilitate the sale, discovery and purchase of Tickets; and
- Movement is not party to the agreement between a Buyer and Seller for the sale and purchase of Tickets using the Movement Services. Therefore, Movement is not responsible for the Listing, the Event or the Ticket(s) purchased. Delivery of Tickets is the Seller’s responsibility and Movement is unable to guarantee that Sellers will complete Transactions in every single case.
- Changes to this Agreement: We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Website. Your continued use of the Movement Services will constitute your acceptance of the new Agreement so please make sure you read any such notification carefully. If you do not agree with the terms of this Agreement or any revised version of this Agreement, you must immediately stop using the Movement Services, including removing any Listings that you have posted.
- About Movement: TheMovement, LLC is a company registered in the United States.
- Contacting Movement: If you have any questions or want any further information regarding this Agreement, please contact email@example.com.
- Contacting You: If we need to contact you, we will do so using the telephone number or email address that you have provided with your Account.
- While some of the events listed on the Website may appeal to children, the Website is not targeted at children under the age of 15, and they are not permitted to use the Website. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the Website, you affirm you are at least 15 years old.
Registration, Your Account and User Content
- Registration: In order to set up a Listing or buy Tickets using the Movement Services you must:
- be at least 15 years old, or the legal age of majority in the country where you reside, and able to enter into legally binding contracts; and
- set up a phone-number or password-protected Account providing your correct full name (or business name, if you are a business) and email address (all your details must be kept up to date at all times), further details can be added at a later date if desired. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene.
- You can also register to join by logging into your account via a Third-Party Social Media Site. Please note that by connecting to the Website and the Movement Services using a Third-Party Social Media Site, you are giving Movement permission to (i) access and use your information from that service as permitted by that service; and (ii) to store your authorisation access to that Third-Party Social Media Site.
- Password (or mobile sign in code): You are solely responsible for maintaining the security of your password (or mobile security code) and for all activity that occurs on your Account. You shall not permit anyone other than you to use your Account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password (or mobile security code) or the use by anyone else of your username or password. You may not use another user's account without that user's permission. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password (or mobile sign in code) if we believe your account is no longer secure or if we receive a complaint that your username violates someone else's rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Website for any reason.
- Companies: If you are accepting this Agreement on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity (and “you” refers and applies to that company or other legal entity).
- Financial Checks: You permit Movement and/or a third party contractor to carry out financial checks for the purposes of verifying your financial status (which does not include a credit check but does include a fraud check) and you agree that Movement may pass your Account and payment card details to such third party contractor to carry out such checks.
- User Content: We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit profile information, comments, questions, Feedback, images and other content or information (“User Content”). User Content shall include all information posted, transmitted or otherwise made available by Users on the Movement Services in connection with the creation or booking of Listings.
- User Content Warranties: In relation to your User Content, you represent and warrant that:
- you have the written consent of each and every identifiable natural person in the User Content to use such person’s name or likeness in the manner contemplated by the Movement Services and this Agreement, and each such person has released you from any liability that may arise in relation to such use;
- you have the written consent of the photographer or other owner of any images included in your User Content to use such pictures in the manner contemplated by the Movement Services and this Agreement;
- Movement's use your User Content as contemplated by this Agreement and the Movement Services will not breach any law or infringe any rights of any third party, including but not limited to any intellectual property rights and privacy rights;
- your User Content is not unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
- Movement may exercise the rights to your User Content granted under this Agreement without liability for payment of any fees or royalties payable under any collective bargaining agreement or otherwise; and
- to the best of your knowledge, all your User Content and any other information that you provide to us is truthful and accurate.
- User Content Licence Grant: By posting any User Content on the Movement Services, you expressly grant, and you represent and warrant that you have all rights, power and authority necessary to grant, to Movement a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide licence to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness, and any third party name, voice, and/or likeness, as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Movement Services and Movement’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Movement Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Movement Services a non-exclusive licence to access your User Content through the Movement Services, and to use, reproduce, distribute, display and perform such User Content as permitted through the functionality of the Movement Services and under this Agreement.
- Movement and User Content: Movement takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends using the Movement Services. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Movement shall not be liable for any damages you incur (or allege to incur) as a result of User Content.
- For U.S. Residents: Under the Digital Millennium Copyright Act of 1998 (the “DMCA”) if you believe in good faith that any content on the Website infringes your copyright, you may send us a notice requesting that the content be removed. The notice must include: (a) your (or your agent's) physical or electronic signature; (b) identification of the copyrighted work on our Website that is claimed to have been infringed (or a representative list if multiple copyrighted works are included in one notification); (c) identification of the content that is claimed to be infringing or the subject of infringing activity, including information reasonably sufficient to allow us to locate the content on the Website; (d) your name, address, telephone number and email address (if available); (e) a statement that you have a good faith belief that use of the content in the manner complained of is not authorized by you or your agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that you or your agent is authorized to act on behalf of the copyright owner. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send us a counter-notice. You may read more information about the DMCA at http://www.loc.gov/copyright. Notices and counter-notices should be sent to firstname.lastname@example.org. There can be penalties for false claims under the DMCA. We suggest that you consult your legal advisor before filing a notice or counter-notice. It is our policy to terminate, in appropriate circumstances, the access rights to the Website of repeat infringers.
Terms and Conditions – Listing and Selling Tickets
Terms and Conditions – Buying Tickets
General Terms and Conditions
DEFINITIONS AND INTERPRETATION
- In this Agreement:
- “Account” means the account set up by you to use the Movement Services.
- “Buyer User Data” means the data collected pursuant to the bespoke questions, if any, that a Seller is able to include in a Listing in order to collect personal data from Buyers during the checkout process, as well as personal data the Buyer is able to upload into the Movement Services.
- “Data Protection Legislation” means all data and privacy laws, rules and regulations to the extent applicable from time to time, including without limitation the following legislation (“EU Data Protection Legislation”): (a) national laws implementing the Data Protection Directive (95/46/EC) and the Directive on Privacy and Electronic Communications (2002/58/EC); and (b) any other applicable national privacy law.
- “Event” means any event or ticketed activity detailed in a Listing for which Tickets may be issued, bought or sold via the Movement Services.
- “Feedback” means feedback, comments and suggestions for improvements to the Movement Services posted by Users.
- “Force Majeure” means any cause beyond Movement’s control including without limitation, acts of God, war, insurrection, riot, civil disturbances, acts of terrorism, fire, explosion, flood, epidemic, theft of essential equipment, malicious damage, strike, lock out, weather, third party injunction, national defence requirements, acts or regulations of national or local governments.
- “Listing” means the Event and Ticket listing(s) created by a Seller or recommended by Movement Curators, for which Tickets are available for sale or distribution and which includes the digital content created for that Event.
- “Order Confirmation” means the written notice confirming a Transaction, issued to the Buyer automatically once the booking process has been completed, at which point a legally binding agreement in respect of the Transaction between that Buyer and that Seller is formed.
- “Payment Processing Method” means one of the two methods of payment processing, either Movement Payments or Stripe Payments, when selling Tickets using the Movement Services. The default option is set to Movement Payments and Sellers can choose to integrate Stripe Payments into their Account to manage their own payment process.
- “Sale Price” means the price at which a Seller offers a Ticket for sale using the Movement Services, which can be nil (i.e. some Events may be free) and which includes any and all additional costs and charges which may be set by the Seller.
- “Service Charge” means the service charge payable to Movement for the provision of the Movement Services, which at the Seller’s election may either be charged to the Seller (in which case such amount will be collected by Movement prior to settlement of sales proceeds) or charged to the Buyer (in which case such amount will show in the subtotal on the checkout page and will be paid by the Buyer on top of the Sale Price as part of the total Transaction Value) for providing the platform, which is inclusive of VAT at the then-current rate.
- “Stripe Payments” means the integration of Stripe by a Seller to process payments made by a Buyer; payments shall be made directly to the Seller and all queries and disputes which relate to Stripe Payments shall be governed by <a herf="https://stripe.com/">Stripe.</a>
- “Third-Party Social Media Site” means third party websites and applications that enable users to create and share content or to participate in social networking, including, but not limited to, Facebook, Twitter and Google Chrome.
- “Ticket(s)” means an electronic ticket or other type of evidence of the right to occupy space at or to attend an Event.
- “Transaction” means a transaction undertaken via the Movement Services where the Buyer agrees to buy and the Seller agrees to sell one or more Tickets at the listed Sale Price(s).
- “Transaction Value” means the total amount payable by a Buyer pursuant to a Transaction, which includes all the costs and fees set out in paragraph 12.2.
- “Movement Account Information” means the personal data you upload when registering your Account.
- “Movement Payments” means the Payment Processing Method option which requires no set up by the Seller and through which the Transaction Value gets paid to Movement who will remit the net Sale Price amount(s) to the Seller 48 hours after the end of the Event, subject to the terms of this Agreement.
- “Movement Services” means all of Movement’s online services, including but not limited to the Website, the software application available for download to a smartphone which contains a modified version of the Website and all mobile services, any software provided and any related tools and services provided by Movement.
- “Venue” means any site, facility or location where an Event is held.
- “Website” means any website run or provided by Movement, including any software application available for download to a smartphone which contains a modified version of the Website.
- Interpretation: The terms “including”, “include”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
- Headings: The headings used in this Agreement are for reference purposes only and do not affect its interpretation.
AGREEMENT TERM AND TERMINATION
- Commencement and Term: This Agreement shall commence on the date that you register an Account with Movement and shall continue indefinitely subject to earlier termination by either you or Movement.
- Termination by Movement: Movement may terminate this Agreement if:
- any abusive or threatening behaviour is reported to Movement as being carried out by you or via your Account;
- Movement suspects any unauthorised use of your Account and/or the Movement Services;
- Movement suspects any fraudulent activity or other illegal activity relating to your Account;
- you otherwise breach the terms of this Agreement;
- Movement is ordered to do so by any legal or regulatory authority;
- you are an individual, and you are unable to pay your debts as they fall due or are declared bankrupt or if you are a company and you become subject to an administration order or make a voluntary arrangement or composition with your creditors, or an encumbrancer takes possession of or a receiver is appointed over your property or assets, or the company is wound up or ceases or threatens to cease to carry on business except for the purposes of reconstruction; and/or
- Movement provides you with 30 days’ written notice of termination, at Movement’s election.
- Termination by You: You may cancel your Account at any time via the Cancel Account feature or by sending an email to support@Movement.com. If you are a Seller, before cancelling your account, you must cancel any Tickets you have sold for Events that have not taken place, notify Buyers and refund the Buyers, if you are using Stripe Payments, or instruct Movement to refund Buyers, if using Movement Payments. Please note that if your Account is cancelled, Movement does not have an obligation to delete or return to you any User Content you have posted to the Movement Services.
- Consequences of Termination: Termination of this Agreement shall not affect either your or Movement’s rights and liabilities accrued prior to and including the date of termination and/or any terms intended expressly or by implication to survive termination.
- User Licence: Subject to your compliance with this Agreement, Movement grants you a limited, non-exclusive, non-transferable licence, to access and view content via the Movement Services for your personal use and solely for the purposes expressly permitted by the Movement Services. This license is expressly conditioned on your preexisting agreement to comply with, and your actual compliance with, each of the provisions described in this Agreement.
- User Licence Restrictions: You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Movement Services, except as expressly permitted in this Agreement. No licences or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Movement or its licensors, except for the licences and rights expressly granted in this Agreement.
- Trademarks: Movement logos as well as the name and any designs found on the Website are registered trademarks of Movement. Movement's trademarks may be used publicly only with our written permission. Except as expressly stated in this Agreement, Movement does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information.
Movement SERVICE RULES
- Rules: In connection with your use of the Movement Services, you may not and you agree that you will not:
- breach any local, state, provincial, national, or other law or regulation, or any order of a court;
- infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
- interfere with or damage the Movement Services, including, without limitation, through the use of viruses, bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- use the Movement Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to the Movement Services;
- "stalk" or harass any other User of the Movement Services or collect or store any personally identifiable information about any other User (except as expressly permitted by the Movement Services);
- submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable, includes the image or likeness of individuals under 18 years of age, encourages or otherwise depicts or glamorizes drug use (including alcohol and cigarettes), characterizes violence as acceptable, glamorous or desirable, or contains any personal contact information or other personal information identifying any third party;
- submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- register for more than one Account or register for an Account on behalf of an individual other than yourself;
- recruit or otherwise solicit any Seller or other User to join third party services or websites that are competitive to Movement, without Movement’s prior written approval;
- impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity, including any employee or representative of our company;
- use automated scripts to collect information or otherwise interact with the Movement Services;
- use the Movement Services to find a Seller or Buyer and then complete the transaction independent of the Movement Services in order to circumvent the obligation to pay any fees related to Movement’s provision of the Listing;
- as a Seller, submit any Listing with a false or misleading price information, or submit any Listing with a price, service or activity that you do not intend to honour;
- use, display, mirror or frame the Movement Services, or any individual element within the Movement Services, Movement’s name, any Movement trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Movement’s express written consent;
- access, tamper with, or use non-public areas of the Movement Services, Movement’s computer systems, or the technical delivery systems of Movement’s providers;
- attempt to probe, scan, or test the vulnerability of any Movement system or network or breach any security or authentication measures;
- avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Movement or any of Movement’s providers or any other third party (including another User) to protect the Movement Services or any content thereon;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Movement Services;
- reproduce or scan Tickets in a format or medium different from that provided by the Website;
- use any automated software or computer system to search for, reserve, buy or otherwise obtain Tickets, discount codes, promotional codes, vouchers, gift cards or any other items available on the Website, including sending information from your computer to another computer where such software or system is active; and/or
- advocate, encourage, or assist any third party in doing any of the foregoing.
- Legal Action: Movement reserves the right to investigate and take appropriate legal action against any illegal and/or unauthorised use of the Movement Services. Movement may involve and cooperate with law enforcement authorities in prosecuting Users who breach this Agreement, including, without limitation, civil, criminal and injunctive redress. You agree that monetary damages may not provide Movement a sufficient remedy and that Movement may pursue injunctive or other relief for your violation of these Terms. If Movement determines that you have violated these Terms or the law, or for any other reason or for no reason, Movement may cancel your Account, delete all your User content and prevent you from accessing the Website at any time without notice to you. If that happens, you may no longer use the Movement Services or the Website. You will still be bound by your obligations under these Terms. You agree that Movement will not be liable to you or any third party for termination of your access to the Website or to your account or any related information, and Movement will not be required to make the Website or your account or any related information available to you.
WARRANTIES AND INDEMNITIES
- True Information: You represent and warrant that the information that you submit to Movement for your Account and in your use of the Movement Services is true, accurate and complete and you will not use false information, including name and email address, in using the Movement Services.
- Legal Compliance: You represent and warrant that in using the Movement Services, you shall comply will all applicable local, regional, national and international laws, regulations, codes of practice and the terms of this Agreement. You further warrant that you are aged 15 years or over and can enter into legally binding contracts.
- Tax Indemnity: You agree that Movement is not in any way responsible for the accuracy or suitability of any payment of taxes to any entity on your behalf (whether Buyer and/or Seller). If in using the Movement Services you are trading as a business, you hereby indemnify and hold Movement harmless against all liabilities, costs, interests and expenses (including reasonable legal fees) incurred by Movement that arise out of any third party or governmental claim that involves, relates to or concerns any local, regional or national tax obligation or amounts due or owing under any tax regulation, order, law or decree or any dispute concerned the tax status of Movement.
- General Indemnity: You agree to indemnify and hold Movement and its parent and affiliated companies, suppliers, advertisers and sponsors, and each of their officers, directors, employees, agents, legal representatives and sub-contractors (the “Indemnified Parties”) harmless against any claim or demand and all liabilities, costs and expenses (including reasonable legal fees and costs) incurred by an Indemnified Party arising as a result of or in connection with your use of the Website, breach of this Agreement (including any misuse of the Movement Services) and/or your violation of any law or the rights of a third party. We reserve the right to take exclusive control and defense of any claim, and you will cooperate fully with us in asserting any available defenses.
- Movement Disclaimer: Movement disclaims any and all liability for the acts, omissions and conduct of any third party users, Users, advertisers and/or sponsors on the Website, in connection with the Movement Services or otherwise related to your use of the Website and/or the Movement Services. Movement WE PROVIDE THE SITE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". WE TRY TO KEEP THE SITE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, AND TO THE EXTENT THAT APPLICABLE LAW PERMITS THE DISCLAIMER OF EXPRESS OR IMPLIED WARRANTIES, Movement DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR USAGE OF TRADE. Movement DOES NOT GUARANTEE THAT THE SITE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SITE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE US FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES. 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 OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. Movement is not responsible for the products, services, actions or failure to act of any venue, performer, promoter or other third party in connection with or referenced on the Website. Without limiting the foregoing, you may report the misconduct of Users and/or third party advertisers, service and/or product providers referenced on or included in the Website to Movement using our online help desk. Movement may investigate a claim and take appropriate action, in its sole discretion.
- Movement Disclaimer: Due to the nature of Movement’s business, and the fact that Movement cannot control Users’ acts or omissions, Movement makes no warranty, and specifically disclaims all liability, in relation to any goods or services provided by Sellers.
- Event Attendance: Under no circumstances shall Movement be liable for death or personal injury suffered by you or your guests arising out of attendance at an Event unless directly caused by Movement’s gross negligence. Neither shall Movement be liable for any loss or damage sustained to your property or belongings or that of your guests attending an Event.
- Limitation of Liability: IN NO EVENT WILL Movement OR ITS SUPPLIERS, ADVERTISERS AND SPONSORS, BE RESPONSIBLE OR LIABLE TO YOU OR ANYONE ELSE FOR, AND YOU HEREBY KNOWINGLY AND EXPRESSLY WAIVE ALL RIGHTS TO SEEK, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY TYPE (INCLUDING WITHOUT LIMITATION LOSS OF DATA, PROFITS, REVENUE, GOODWILL, REPUTATION, LOSS OF ENJOYMENT OR OPPORTUNITY) OTHER THAN OUT OF POCKET EXPENSES, AND ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, ARISING DIRECTLY OR INDIRECTLY OUT OF OR IN CONNECTION WITH THE Movement SERVICES, THE WEBSITE, THE CONTENT, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE, EVEN IF Movement HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER THE CLAIM IS BASED UPON ANY CONTRACT, TORT, OR OTHER LEGAL OR EQUITABLE THEORY. WITHOUT LIMITING THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT Movement WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR (a) ANY FAILURE OF ANOTHER USER OF THE SITE TO CONFORM TO THE CODES OF CONDUCT, (b) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, WHETHER ARISING IN CONTRACT OR IN TORT, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (c) ANY UNAUTHORIZED ACCESS TO OR USE OF Movement’S SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (d) ANY BUGS, VIRUSES, WORMS, TROJAN HORSES, DEFECTS, DATE BOMBS, TIME BOMBS OR OTHER ITEMS OF A DESTRUCTIVE NATURE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, OR (f) ANY LOST, STOLEN OR DAMAGED TICKETS, OR THE FAILURE OF A VENUE TO HONOR A TICKET. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE Movement SERVICES AND THE WEBSITE IS TO STOP USING THE Movement SERVICES AND THE WEBSITE. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE ALLOCATION OF RISK BETWEEN YOU AND Movement IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Movement. Movement’S AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE USE OF Movement SERVICES OR THE WEBSITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID Movement IN THE PAST TWELVE MONTHS. IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE. Movement’S LIABILITY WILL BE LIMITED UNDER THIS PARAGRAPH TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND THE PROVISIONS OF THIS PARAGRAPH WILL NOT APPLY TO THE EXTENT APPLICABLE LAW PERMITS THE RECOVERY OF DAMAGES, ATTORNEYS’ FEES OR COSTS OTHERWISE PROHIBITED UNDER THIS PARAGRAPH. THE PROVISIONS OF THIS PARAGRAPH THAT (A) PROHIBIT DAMAGES TO BE MULTIPLIED OR OTHERWISE INCREASED, (B) IMPOSE A DAMAGES LIMITATION OF THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID Movement IN THE PAST TWELVE MONTHS, AND (C) PROHIBIT THE RECOVERY OF ATTORNEYS’ FEES AND COSTS, DO NOT APPLY IN CERTAIN STATES, INCLUDING WITHOUT LIMITATION NEW JERSEY, TO CLAIMS BROUGHT UNDER STATUTES PERMITTING SUCH RECOVERY.
- Force Majeure: Movement will not be liable to you for failure to perform any of its obligations under this Agreement to the extent that the failure is caused by reason of Force Majeure.
- If any dispute arises out of this Agreement or any Transaction pursuant to this Agreement, you should contact Customer Services who will try to resolve the matter as expediently as possible. Your complaint shall be acknowledged by Movement as soon as possible.
- Movement shall use reasonable endeavours to consult or negotiate in good faith and attempt to reach a just and equitable settlement that is satisfactory to you and Movement.
- In the unlikely event that we are able to resolve your complaint by negotiation within 28 days, we may attempt to settle a matter via mediation. To initiate a mediation a party must give written notice to the other party to the dispute requesting a mediation. The mediation shall be conducted in accordance with the STAR Code of Practice and Dispute Resolution Procedure current at the date of the referral which sets out the procedures to be adopted, the process of selection of the mediator and the costs involved and which terms are deemed incorporated into this agreement.
- The above does not restrict your statutory rights, your right to make a complaint to Trading Standards or another appropriate regulatory authority, or your right to pursue court proceedings or other forms of settlement such as through the European Union Online Dispute Resolution Platform, a portal through which you can submit a complaint to a registered Alternative Dispute Resolution Provider with the aim of resolving the dispute.
- For U.S. and Canada Residents:
- Any dispute or claim relating in any way to your use of the Website, or to products or services sold or distributed by us or through us, will be resolved by binding arbitration rather than in court, with the following exceptions:
- You may assert claims in small claims court if your claims apply;
- If a claim involves the conditional license granted to you as described in the Ownership of Content and Grant of Conditional License section above, either of us may file a lawsuit in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes; and
- In the event that the arbitration agreement in these Terms is for any reason held to be unenforceable, any litigation against us (except for small-claims court actions) may be commenced only in a federal or state court located within Los Angeles County, California, or Toronto, Ontario, as applicable, and we both consent to the jurisdiction of those courts for such purposes.
- The arbitration agreement in these Terms is governed by the Federal Arbitration Act (FAA) or the Canada Commercial Arbitration Act (CAA), as applicable, including its procedural provisions, in all respects. This means that the FAA or the CAA, as applicable, governs, among other things, the interpretation and enforcement of this arbitration agreement and all of its provisions, including, without limitation, the class action waiver discussed below. State arbitration laws do not govern in any respect.
- This arbitration agreement is intended to be broadly interpreted, and will survive termination of these Terms. The arbitrator, and not any court or agency, shall have exclusive authority to the extent permitted by law to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of this Agreement, including, but not limited to any claim that all or any part of this Agreement is void or voidable. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would.
- To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Movement Experiences Inc. at: 2 Jackson St Suite #200 San Francisco, CA 94111, USA, Attn: Legal (if in the U.S.) or 17 Phoebe St, Suite 102, Toronto, ON M5T 1A8 Attn: Legal (if in Canada). You may download the forms located at http://www.jamsadr.com. The arbitration will be conducted by JAMS under its Streamlined Arbitration Rules and Procedures or, if applicable, its Comprehensive Arbitration Rules and Procedures, and any applicable supplemental rules including its Consumer Arbitration Standards of Minimum Fairness. The JAMS Rules are available online at http://www.jamsadr.com or by calling (800) 352-5267 (U.S.) or (416) 861-1084 (Canada). Payment of all filing, administration and arbitrator fees will be governed by JAMS's rules. We will reimburse those fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous, but in no event will we pay for attorneys' fees. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
- We each agree that the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. You agree to waive any right to a jury trial or to participate in a class action. If this specific provision is found to be unenforceable, then the entirety of this arbitration section will be null and void and neither of us will be entitled to arbitrate our dispute.
- You agree that these Terms evidence a transaction involving interstate commerce and will be governed by and construed in accordance with U.S. federal law or Ontario law, as applicable, to the fullest extent possible.
- Taxes: As a User of the Movement Services, you agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. Movement cannot and does not offer tax-related advice to any Users. Additionally, please note that each Seller is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. You are also responsible for paying any governmental taxes imposed on your purchase from or use of the Movement Services, including, but not limited to, sales, use, or value-added taxes. To the extent Movement is required to collect such taxes, the applicable tax will be added to your billing account and Movement will issue a receipt on request from a Seller as required by law.
- Waiver: If Movement delays or fails to enforce any of the provisions of this Agreement, it shall not mean that Movement has waived the right to do so.
- Assignment: Movement shall be entitled to assign its rights and obligations under this Agreement provided that your rights are not adversely affected.
- Severability: If it is found by a Court that any provision of this Agreement for any reason is invalid or cannot be enforced, this shall not prevent the other provisions from continuing to remain in full force and operate separately.
- Illegality: If any provision of this Agreement is or becomes illegal, invalid or unenforceable under the law of any jurisdiction, that shall not affect or impair the legality, validity or enforceability in that jurisdiction of any other provision of this Agreement.
- No Partnership/Agency: Nothing contained within this Agreement and no action taken by you or Movement under this Agreement shall create, or be deemed to create, a partnership, joint venture, or establish a relationship of principal and agent or any other relationship between you and Movement beyond the relationship created under this Agreement.
- Entire Agreement: This Agreement and all documents incorporated into this Agreement by reference constitutes the entire agreement between the parties in connection to its subject matter and supersedes any previous agreement, terms and conditions or arrangement between the parties, whether written or oral. Each of the parties agrees that it has not entered into this Agreement in reliance on, and shall have no remedy in respect of any statement, representation, covenant, warranty, undertaking or indemnity (whether negligently or innocently made) by any person (whether party to this Agreement or not) other than as expressly set out in this Agreement. Nothing in this paragraph shall limit any liability for (or remedy in respect of) fraud or fraudulent misrepresentation.
- Notices: A notice provided under this Agreement shall be delivered upon receipt and shall be deemed to have been received (i) at the time of delivery, if delivered by hand, registered post or courier; or (ii) at the time of transmission if delivered by email (and no error message is received in response).
- Governing Law and Jurisdiction: This Agreement shall be governed by and construed in all respects in accordance with the law of the country in which this Website is based, without regard to its conflict-of-law provisions, and the parties agree to submit to the non-exclusive jurisdiction of the courts of such country.
If you have any questions, comments or complaints regarding these Terms or the Website, please contact us at:
California users may also contact the Complaint Assistance Unit of the Division of Consumer Services, California Department of Consumer Affairs, located at 1625 North Market Blvd., Sacramento, CA 95834, (800) 952-5210.