Terms And Conditions Of Use
(Effective March, 2015)
This web site located at www.Groupmatics.com (this “Site”) is provided by Groupmatics, LLC The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site.
PLEASE READ THESE TERMS AND CONDITIONS OF USE OF THIS SITE (THE “TERMS”) CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR ACCESS AND USE OF THIS SITE. BY ACCESSING OR USING THIS SITE OR DOWNLOADING ANY MATERIALS FROM THIS SITE, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS CONCERNING YOUR USE OF THIS SITE. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE. Changes; Termination
Groupmatics, LLC reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms at any time. Changes to the Terms shall be effective as of the date indicated above. YOUR ACCESS TO AND CONTINUED USE OF THIS SITE AFTER ANY CHANGES ARE POSTED SHALL CONSTITUTE ACCEPTANCE OF THOSE CHANGES.
You agree that Groupmatics, LLC may, at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content (as defined below). Groupmatics, LLC may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of Groupmatics, LLC You agree that Groupmatics, LLC may, at any time, terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content. Access to this Site may be monitored by Groupmatics, LLC
The provisions in the Terms regarding ownership of Site Content and Site Code (as defined below), confidentiality, disclaimer of warranty, limitation of liability and indemnification shall survive any termination of the Terms.
To access certain features of this Site, you may be asked to register with us on the electronic forms provided and such registration may require you to provide personally identifying information such as your name, address and email address. You agree that you will register only if you are 18 years or older and to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If Groupmatics, LLC has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Groupmatics, LLC reserves the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof).
Registration and accessing this Site is free, but Gouping Inc. may charge service fees and shipping, delivery or fulfillment fees (collectively referred to as the “Fees”). The Fees will be disclosed to you prior to the finalization of your purchase or listing of tickets for sale.
Third-party group organizers (“Organizers”) that are not affiliated with Groupmatics, LLC are responsible for creating and configuring your group’s member area on this Site and for the listing, selling and delivery of the tickets. Organizers are solely responsible for providing correct and accurate information about any tickets listed on this Site. You acknowledge that Groupmatics, LLC shall not be liable for any acts or omissions of any Organizer with respect to the offer, sale, purchase and delivery of any tickets. The fulfillment of orders, including delivery and shipment of tickets, is the sole responsibility of the Organizer. Further, Groupmatics, LLC is not responsible for any information available in any group member area that is posted or provided by the Organizer or other members.
YOU ARE BUYING TICKETS FROM A THIRD PARTY, Groupmatics, LLC IS NOT THE TICKET SELLER.
To use certain features of this Site, you will need a user name and password. You will not allow others to use your user name and password and are responsible for maintaining the confidentiality of your password. You are responsible for all activities (whether by you or by others) that occur under your user name and password, including, without limitation, any purchases or posts made using your account. You agree to notify Groupmatics, LLC immediately of any unauthorized use of your user name or password or any other breach of security of which you become aware. You agree that Groupmatics, LLC will not be liable for any loss or damage caused by your failure to protect your password and for any unauthorized use of your account and you will be liable for the losses of Groupmatics, LLC and others due to such unauthorized use.
Ownership; Copyright and Trademark Information
All Site Content and Site Code is the exclusive property of Groupmatics, LLC or its licensors. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of Groupmatics, LLC or its licensors. The names of other companies and products mentioned herein may be the trademarks or service marks of their respective owners. Nothing in the Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site, any Site Content or Site Code.
All Site Content and Site Code is Copyright © 2011, Groupmatics, LLC and subject to the copyright of its licensors or third-party content providers. All rights reserved.
“Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed or used on this Site. “Site Code” refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site.
Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Groupmatics, LLC grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for your personal, non-commercial use only.
You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except with Groupmatics, LLC’s express written consent, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in such Site Content.
Your use of this Site, Site Content, User Content (as defined below) and Site Code is entirely at your own risk. The information posted to this Site and the Site Content and User Content may contain inaccuracies and typographical errors. THIS SITE, THE SITE CONTENT, USER CONTENT AND SITE CODE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” Groupmatics, LLC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND RELATING TO YOUR ACCESS AND USE OF THIS SITE, THE SITE CONTENT, USER CONTENT AND THE SITE CODE, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF (A) SUITABILITY FOR A PARTICULAR PURPOSE OR FITNESS FOR A PARTICULAR PURPOSE, (B) MERCHANTABILITY, (C) ACCURACY AND COMPLETENESS, (D) NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, AND (E) FREEDOM FROM INTERRUPTION, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE BY LAW INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION.
Groupmatics, LLC HAS NO CONTROL OVER EVENT CANCELLATIONS OR POSTPONEMENTS AND HAS NO LIABILITY IN CONNECTION WITH SUCH SITUATIONS. YOU SHOULD CONTACT YOUR EVENT ORGANIZER OR THE ISSUER OF THE TICKETS REGARDING THESE MATTERS.
Copyright Infringement Claims
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
Groupmatics, LLC does not knowingly permit anyone to post materials on this Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). Groupmatics, LLC will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Groupmatics, LLC will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Groupmatics, LLC the following information:
1 a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
2 a description of the copyrighted work that you claim has been infringed;
3 a description of where the material that you claim is infringing is located on this Site;
4 your address, telephone number, email address and all other information reasonably sufficient to permit Groupmatics, LLC to contact you;
5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6 a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner, or authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to Groupmatics, LLC’s designated agent:
By mail: Groupmatics, LLC
26202 Detroit Rd. Suite 300
Westlake, OH 44145
By Email: firstname.lastname@example.org
(Please include “Notice of Infringement” in the subject line.)
Compliance with Law
You agree not to use this Site for unlawful purposes or in an unlawful manner and you agree to comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of this Site and the listing, selling, buying and use of tickets. You agree to pay any and all local, state, federal, or international taxes that may be due.
Third-Party Sites; Affiliations
Groupmatics, LLC is not affiliated with any of the sporting teams, event venues, ticketing companies or other organizations that issue tickets that may be available through this Site.
Information/Submissions Provided By You
You agree that any information or materials that you or individuals acting on your behalf submit or post on this Site or otherwise provide to Groupmatics, LLC will not be considered confidential or proprietary. By submitting or posting any information, images or other materials to this Site or otherwise providing any such information, images or other materials to Groupmatics, LLC (“User Content”), you grant to Groupmatics, LLC an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Content, and you further agree that Groupmatics, LLC is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Groupmatics, LLC or that is contained in any User Content. You warrant that you will not provide any User Content to Groupmatics, LLC which (a) is false, fraudulent, inaccurate, defamatory, harassing, threatening, or is obscene or pornographic; (b) infringes the intellectual property rights, including copyrights, of any third party or any rights of publicity or privacy of any third party; (c) violates any law, statute, ordinance or regulation; or (d) advocates illegal activity. Groupmatics, LLC reserves the right (but assumes no obligation) to delete, move or edit any User Content for any reason.
Limitation of Liability
IN NO EVENT SHALL Groupmatics, LLC BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S ACCESS OR USE OF THIS SITE, SITE CONTENT, USER CONTENT AND SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEB SITE OPERATED BY ANY THIRD PARTY OR ANY CONTENT OF THIS SITE OR ANY OTHER WEB SITE, EVEN IF Groupmatics, LLC IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
You will not hold Groupmatics, LLC responsible for any Organizers’ or other users’ content, actions, or inactions, including, without limitation, the listing and selling of tickets in violation of local, state, national or international laws. Groupmatics, LLC has no control over and does not guarantee the accuracy, quality, safety, or legality of items advertised, the truth or accuracy of Organizers’ and users’ content or listings, the ability of Organizers to sell items, the ability of buyers to pay for items, or that an Organizer and buyer will actually complete a transaction.
Regardless of the disclaimers set forth herein, if Groupon Inc. is found to be liable, our liability to you or to any third party is limited to the greater of (a) the total amount of Fees paid to Groupmatics, LLC in the 12 months prior to the action giving rise to the liability, and (b) $100.
You agree to defend, indemnify and hold harmless Groupmatics, LLC and its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of this Site, (ii) any of your User Content or (iii) breach by you of the Terms.
Choice of Law; Notice Regarding State Laws; Jurisdiction; Entire Agreement
This Site is controlled, operated and administered by Groupmatics, LLC from its offices within the United States of America. Those who choose to access this Site from locations outside the United States do so on their own initiative and risk. Users located outside the United States should not provide any personal information or personally identifiable information via this Site. By providing personal information to this Site, all users fully understand and consent to the collection and processing of such information in the United States of America. You may not use this Site or export Site Content in violation of U.S. export laws and regulations.
All matters relating to your access to, and use of, this Site shall be governed by the laws of the State of Ohio, without giving effect to its conflict of laws provisions. You agree that any claim or dispute either party may have against the other must be resolved exclusively by a state or federal court located in Cleveland, Ohio. Both parties agree to submit to the personal jurisdiction of the courts located within Cleveland, Ohio for the purpose of litigating all such claims or disputes.
No agency, partnership, joint venture, employer-employee or franchisor-franchisee relationship is intended or created by the Terms, whether between Groupmatics, LLC and any Organizers or other users.
You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Groupmatics, LLC
The Terms constitute the entire agreement between Groupmatics, LLC and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision of the Terms, or a portion thereof, to be unenforceable, you and Groupmatics, LLC agree (without waiving rights of appeal) that unenforceable provisions shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect.
Additional Terms for Organizers
Ticket Information. You agree to provide correct and accurate information about the tickets you list on this Site and are responsible for fulfilling the order with the exact tickets listed.
Fulfillment and Cancellations or Postponements. You grant Groupmatics, LLC the right to charge you (and you agree to reimburse Groupmatics, LLC) in any of the following events: (i) your failure to deliver the tickets you’ve listed or delivery of invalid, fraudulent, counterfeit, or misrepresented tickets, (ii) any event cancellation for which you have received payment and (iii) any event postponement if the primary ticket issuer is providing refunds for returned tickets.
Buyer’s Information. Buyers’ names and addresses are provided to Organizers for the sole purpose of shipping the specific purchased tickets and may not be used by Organizers for any other purpose. If you are an Organizer, you agree not to include in your shipment to buyers any promotional or other commercial material that is not provided or approved by Grouping Inc, other than materials specifically related to your member organization. You agree not to represent to any buyer that you are affiliated with or a representative of Groupmatics, LLC
Misrepresentation. You must accurately answer all questions asked during the listing for sale process, including on what date your tickets and not withhold any relevant information, whether or not it is requested. Inaccurate presentation of ticket possession status, seat locations, quantity, quality or other information is not allowed.
Payment Correction. If you are an Organizer, you authorize Groupmatics, LLC to withhold payment or charge your payment method any amount you owe Groupmatics, LLC if (a) a sale is cancelled for any reason; (b) you have committed fraud or other illegal act or omission during any selling activity; (c) you are not able to produce the exact seats that you listed on this Site; (d) you deliver incorrect or misrepresented tickets for any order or portion of an order; (e) you fail to ship tickets by the expected ship date; or (g) you otherwise owe Groupmatics, LLC or its affiliates a specific amount. Groupmatics, LLC may also first deduct any amount you owe Groupmatics, LLC from any amount Groupmatics, LLC owes you.