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Batwing Studios Terms & Conditions

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TicketPro.io Terms & Conditions

Last Updated April 27, 2019

These Terms and Conditions comprises of our Terms of Use and Privacy Policy (collectively the "Terms and Conditions") which together govern our company's relationship with you in relation to this Site and its business.

By entering and using the TicketPro website, the Site http://ticketpro.io ("TicketPro"), or any of our affiliated services (collectively, the "Site"), and by using Our services ("Services") you agree to be bound by this agreement (the "Terms and Conditions"). These Terms and Conditions are a binding agreement between you ("You") and Subtract Music (the "Company", "TicketPro" "Us", "Our", "We").

Please read the following terms carefully: You become a "User" by accessing the Site or Service in any way. For purpose of these Terms and Conditions, "Buyer" shall refer to any individual or entity that are purchasing tickets on the Site and "Seller" shall refer to any individual or entity that are selling event tickets on the Site. Accounts for Sellers to sell event tickets on the Site shall be created by Ticket Pro. Violation of any terms below will result in the termination of your account or restriction of your access to the Site.

DESCRIPTION OF SERVICES: Ticket Pro is a platform for buyers and sellers to directly transact with each other for the purchase and sale of event tickets and related items. Ticket Pro is not the seller in any transaction. Your order and payment details are encrypted and securely transmitted directly to payment processor Stripe. Your payment info is never stored. You will be charged directly by Stripe (https://stripe.com/) on behalf of the Seller.

PURPOSE & USE OF SERVICE: You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including, but not limited, to any applicable copyright or other intellectual property laws).

You understand that We may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service. This Site contains material which is owned by or licensed to us or used with permission of our clients or users. This material includes, but is not limited to, wording, design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions. This Site and all items published by the Company are subject to any and all applicable copyrights, trademarks, and patents of the Company. All trademarks reproduced in the Site which is not the property of, or licensed to, the Company are acknowledged on the Site.

You must not modify, adapt or hack the Service or modify another Site so as to falsely imply that it is associated with the Site, Service or Company, or any other service thereof. Unauthorized use of this Site may give rise to a claim for damages and/or be a criminal offense. You agree to act in a legal and appropriate manner at all times.

We reserve the right to terminate your account as a result of the violation of any of the terms of this Terms and Conditions. Our Site or Services may contain images and content, including but not limited to text, software, images, graphics, data, messages, or any other information, and any other Site content owned, operated, licensed, or controlled by third parties. The Site does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site or any linked Site or featured in any banner or other advertising, and the Site will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services.

TICKETPRO CONTENT: You do not have any ownership or proprietary interest or claim in any of the information and content (in any format whatsoever) on the Site or that are transmitted through Our Services. All such information and content is owned or licensed by the Company. All materials on the Site, including pursuant to the provision of any Services, are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and United States and/or worldwide copyright laws, and may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission from the Company. This Site may contain advertisements, communications, and links posted by independent third parties, over which We exert no control over. We do not get involved in any disputes that may develop between Our advertisers and others, and We do not facilitate communication between third parties. You are urged to use Your own good judgment and common sense when responding to advertisements. We are not responsible for any interactions between Our Users and Our advertisers. You are advised to independently research any information found in Our advertisements.

CODE OF CONDUCT: You agree that when using the Site or Our Service, that you shall comply with all applicable laws, rules and regulations. Additionally, you agree that you will not upload, post, email, transmit or otherwise make available: (1) any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (2) any content that harm minors in any way; (3) content which relates to your impersonating of any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (4) any forged or manipulated headers or identifiers; (5) any content that you do not have a right to make available under any law or obligation; (6) any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (7) 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; (8) 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; (9) any content or devices which disrupts the normal flow of dialogue, (10) interferes with or disrupt the Service or servers or networks connected to the Service; (11) intentionally or unintentionally violates any applicable local, state, national or international law; (12) "stalks" or otherwise harass another; (13) collect or store personal data about other users; or (14) reproduces, duplicates, copies, sells, resells or exploits for any commercial purposes, any portion of the Service, any data on the Service, use of the Service, or access to the Service.

DISCLAIMER: COMPANY PROVIDES THE SERVICE AND THE CONTENT TO YOU "AS IS" AND "AS AVAILABLE". COMPANY TRIES TO KEEP THE SERVICE UP, BUG-FREE AND SAFE, BUT YOU USE IT AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, COMPANY 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. COMPANY DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE SAFE, SECURE OR ERROR-FREE OR THAT THE SERVICE WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS OR IMPERFECTIONS. COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS OR INFORMATION OF THIRD PARTIES, AND YOU RELEASE COMPANY 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. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TICKETPRO DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. TICKETPRO DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED IN THE SITE AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TICKETPRO DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF ACCURACY OR RELIABILITY.

LIMITATION OF LIABILITY: You acknowledge that Ticket Pro is a service allowing Users to buy and sell tickets to concerts, entertainment and other events. The listings on Ticket Pro are provided and fulfilled by a Seller. Ticket Pro does not guarantee accuracy of information, including but not limited to event name, location, venue, time, or date. In no event will Ticket Pro be liable for any damages, or circumstances arising out of this transaction. IN NO EVENT WILL COMPANY OR ITS PROVIDERS, 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, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (even if Company has been advised of the possibility of such damages). ANY UNAUTHORIZED ACCESS TO, USE OF OR ALTERATION TO OUR 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 SERVICE, (e) ANY ERRORS, MISTAKES, INACCURACIES OR OMISSIONS IN ANY CONTENT, (f) YOUR USE OR INABILITY TO USE THE SERVICE, (g) THE COST OF PROCUREMET OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, TRANSACTIONS OR SERVICES PURCHASED OR RECEIVED THROUGH OR FROM THE SERVICE OR (h) ANY OTHER MATTER RELATED TO THE SITE OR SERVICE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY EXPRESSLY 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 SETTLEMENT WITH THE DEBTOR.

INDEMNIFICATION: You shall indemnify and hold the Company, the owners and operators of the Company and the Site as well as their members, managers, officers, directors and employees harmless, against any and all expenses and/or losses, including reasonable attorney fees, incurred by the Company in connection with any claims of any kind, that result directly or indirectly from Your activities, actions, inactions, misrepresentations, breaches or falsities in connection with the Company including without limitation on the Site or via the Services. Such claims shall include, without limitation, claims in respect of any violation of law in any of the Content.

NOTICE: Notices by the Site to Users may be given by means of electronic messages through the Site, and/or Services, by a general posting on the Site, or by electronic mail or mobile messaging. Notice or communications by Users to Company shall be in writing and shall be deemed effectively given: (a) upon personal delivery to the party to be notified, (b) when sent by confirmed electronic mail or facsimile if sent during normal business hours of the recipient, and if not so confirmed, then on the next business day or five (5) days after having been sent by registered or certified mail, return receipt requested, postage prepaid. All communications, inquiries, questions, complaints, cancellations or notices regarding the Site must be directed to TicketPro at: contact@ticketpro.io

DISPUTES & ARBITRATION: You acknowledge and agree that Ticket Pro is not a party to any transaction or dealing between Buyer and Seller. Any dispute arising out of or in connection with a transaction or dealing shall solely be resolved between Buyer and Seller. You represent and warrant that any claim, demand, cause of action or dispute between a Buyer and Seller shall be resolved solely between the Buyer and Seller and You therefore agree to refrain from including, joining, interpleading or otherwise involving Ticket Pro in any such dispute.

Any controversy or claim arising out of or relating to the Company, the Site, the Services or these Terms and Conditions shall first be resolved by good faith discussions between the parties. If the dispute is unable to be resolved, the dispute must be settled by arbitration. THE PARTIES CONSENT AND STIPULATE THAT THE EXCLUSIVE VENUE OF ANY ARBITRATION PROCEEDING AND OF ANY OTHER PROCEEDING UNDER THIS AGREEMENT SHALL BE LOS ANGELES COUNTY, CALIFORNIA. For this purpose, the Parties also expressly consent to personal jurisdiction in the agreed venue.

MISCELLANEOUS: If any provision of these Terms and Conditions is held invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable. The failure of Company to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. These Terms and Conditions comprise the entire agreement between the Company and you, superseding any prior agreements between the Company or any predecessor company and you. These Terms and Conditions are governed in accordance with the laws of the State of California. Ticket Pro may assign its rights to these Terms and Conditions to any third party.

BY USING THE SITE AND COMPANY’S SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS IN THEIR ENTIRETY, AND YOU AGREE TO BE BOUND BY THEM.

TicketPro.io Privacy Policy

Last Updated May 2, 2019

This Privacy Policy shall describe how Subtract Music ("TicketPro") collects, uses, and shares information about you to your use of TicketPro’s website and related services (hereinafter the "Site"), and all content and services that TicketPro owns, controls, and makes available. By using the Site and TicketPro’s services, you agree to TicketPro’s Terms and Conditions and other terms as described by this Privacy Policy. If you do not agree with this Privacy Policy, you shall discontinue your use of the Site and TicketPro’s services. This Privacy Policy is fully incorporated into TicketPro’s Terms and Conditions, and therefore governs your use of the Site and TicketPro’s services. By using the Site and TicketPro’s services, you do hereby accept this Privacy Policy.

Protecting your private information is our priority. This Privacy Policy applies to users of theTicketPro Site and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to the Site include TicketPro and https://www.ticketpro.io/ The TicketPro Site is an online platform which facilitates the buying and selling of event tickets between users. By using the TicketPro Site, you consent to the data practices described in this statement.

Collection of your Personal Information: In order to better provide you with products and services offered on our Site, TicketPro may collect personally identifiable information, such as your: Name, Email Address and the last 3 digits of your credit card used in connection with the Site ("Your Data").

Use of your Personal Information: TicketPro collects and uses your personal information to operate its Site and deliver the services you have requested. Personally identifiable information is used for; (i) analytical and statistical purposes, (ii) managing the Site and our services, (iii) processing and facilitating your transactions, (iv) sending you notices, updates, and changes to our policy, support and administration matters (v) monitoring usage and activity, (vi) improving the Site and our services, (vii) research & development regarding preventative measures to ticket fraud, manipulation, duplication, and other scam-like procedures.

TicketPro may also use your personally identifiable information to inform you of other products or services available from TicketPro and its affiliates.

Sharing Information with Third Parties: You expressly acknowledge and agree that Your Data will be shared with the applicable Seller of the live event ticket that You select to purchase. Other non-personally identifiable information may be shared with analytics providers. Your Data will not be sold or distributed to outside parties of the specific events. TicketPro does not sell, rent or lease its customer lists to third parties.

TicketPro may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on TicketPro or the Site; (b) protect and defend the rights or property of TicketPro; and/or (c) act under exigent circumstances to protect the personal safety of users of TicketPro, or the public. TicketPro may also disclose your personal information in connection with any proposed merger, purchase, sale, or any other type of business acquisition or combination of all or any portion of TicketPro’s assets, or transfer of all or a portion of TicketPro to another company;

Do Not Track: TicketPro does not track the members or users of our Site, over time or across third party websites and therefore we do not respond to Do Not Track (DNT) signals. However, some third party Sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such Sites, you are advised to look through such Site’s policies regarding DNT signals.

Security of your Personal Information: TicketPro attempts to secure your personal information from unauthorized access, use, or disclosure, however TicketPro cannot guarantee that such information will remain safe or will not be compromised.

Children Under Thirteen: TicketPro does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this Site.

California Privacy Rights: If you live in California and are using our services, you can request a list of the personal information that is collected and the information that has been shared with third parties for their marketing purposes. We will also give you a list of the third parties that have received your information. You can make a request one time each year. To exercise your rights, you can call or email us with the information provided below. Mention in any email that you are making a "California Shine the Light" inquiry. We will use our best efforts to respond within 30 days.

Your Rights: You are entitled to access and correct your data by doing so directly on the websites or by requesting us to do so via the contact us section or emailing us at: contact@ticketpro.io

E-mail Communications: From time to time, TicketPro may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication. If you would like to stop receiving marketing or promotional communications via email from TicketPro, you may opt out of such communications by contact@ticketpro.io

Changes to this Statement: TicketPro reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our Site, and/or by updating any privacy information on this page. Your continued use of the Site and/or services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.