Policies and guidelines for use


Terms and Conditions

TIXSOCIAL A PRODUCT OF TWICKETER INC.

Our goal is for you to love our service and be a happy customer. Respecting your privacy and sensitive information, including your customer's information, is critical for us to reach this goal. We will not share, sell, or give away your information or your user's information to third parties not authorized by you. We hate spam and don't want you to get any more spam because of TixSocial. We will use the information to communicate with our Customers. We are committed to security - We are committed to implementing good practices security. We work hard to maintain our users' privacy and security. We will be a transparent and open company - We communicate openly and freely with our users. We endeavor to quickly relay news, both good and bad. Thanks! The TixSocial TeamTixSocial Terms of Service Agreement & Privacy Statement
1. ACCEPTANCE OF TERMS
TixSocial, Inc. provides its services to you (both the corporation and its services being hereafter referred to as "TixSocial"), subject to the following Terms of Service (TOS), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: tos in addition, when using TixSocial, you and TixSocial shall be subject to any guidelines or rules applicable that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.You will not hold TixSocial responsible for other users' (including event holders') content, actions or inactions. You acknowledge that we have no control over and do not guarantee the quality, safety or legality of events advertised, the truth or accuracy of users' content, listings, or ability to perform, or actually complete a transaction.
2. DESCRIPTION OF TIXSOCIAL
TixSocial provides a simple and quick means for event organizers (TixSocial Event Organizer Accounts to collect registration fees for their events online through the Web. Event organizers and planners may come to the TixSocial web site, fill out a questionnaire about their event, including pricing, location, ticket inventory, etc., and collect registration fees online directly from their event attendees. Payments are all transacted through PayPal, Google Checkout and/or other TixSocial specified payment mode ("TSPM"). For more information, please see https://www.tixsocial.com as used herein, "Customers" means TixSocial event holders ("TixSocial Event Organizer Accounts"), registered event attendees ("TixSocial Events Accounts") and participants in our various referral programs.
3. PAYMENT PROCESSING INFORMATION
The payment processing option when using TixSocial: Fees are accepted using PayPal, Google Checkout, or offline methods. When payment processing occurs directly by TixSocial , it is necessary that TixSocial and Customers transact through the Gateway and be subject to the applicable Gateway Terms of Use. i. TixSocial will collect all monies on behalf of the Event Organizer ("You") and deduct all applicable service charges from registration fees. TixSocial will use PayPal to send all payments to you (event monies minus service charges) at the PayPal email address that you accurately provide on the TixSocial Web Site. We will submit payment for one hundred percent (100%) of the total balance due to you one (1) business day after the Event end date, however, we reserve the right to withhold funds at any time as we determine to be necessary for the processing and settlement of all returns, disputed charges, and other discrepancies. All sales, fees, charges, and funds are payable in U.S. Dollars.ii. It is the responsibility of the Event Organizer to request refunds from TixSocial on the behalf of the Ticket Buyer. It is the responsibility of TixSocial to make the refund to the individual Ticket Buyer, unless the allowed Refund time allowance of 96 hours past the Event end date. If the Event is cancelled for any reason and a complete refund must be issued to all Ticket Buyers, the Event Organizer must inform TixSocial of the cancellation within 24 hours of the originally scheduled event start time. TixSocial will handle all refunds for cancelled events and the buyer will be refunded within thirty (30) days of the date of the cancelled event. No payments shall be made to you from TixSocial due to an Event cancellation. If an Event is rescheduled for a different date and a Ticket Buyer cannot attend the new date, the Ticket Buyer will receive a full refund and the applicable service charges will be deducted from the payment issued to you after the new event. Any credit card charge backs initiated by the Ticket Buyer for any reason, with the exception of fraudulent use of the credit card, shall be charged back to you. TixSocial shall either (i) deduct these costs from your outstanding balance, whether for that particular Event or for any other Event that you list with TixSocial; or (ii) send an invoice to you for said costs if no balance exists. If payment for said invoice is not received by TixSocial within thirty (30) days, TixSocial reserves the right, at our sole discretion, to terminate this Agreement and to cancel all other Events listed by you as provided herein.iii. Upon receipt of a credit card authorization from each individual ticket purchase, TixSocial generates a confirmation message and issues a unique confirmation number. You agree to unconditionally accept, honor, and fulfill all ticketing commitments that have been confirmed by TixSocial. It is your responsibility to verify the customer's membership status, confirmation number, and/or any event restrictions prior to the Event.
4. TICKET BUYER REFUND POLICY
As it applies solely to the Full Service agreement (Section 3,iii), the Ticket Buyer shall request a refund from the Event Organizer within 96 hours of the Event end date. TixSocial will honor refund requests from the Event Organizer within the Refund time allowance of 96 hours past the Event date. Refunds will be initiated by TixSocial and applied to the original form of purchase by the Ticket Buyer within thirty (30) days of Event end date.
5. FURTHER SERVICE UNDERSTANDINGS
Unless explicitly stated otherwise, any new features that augment or enhance the Service, shall be subject to the TOS. You understand and agree that the Service is provided AS-IS and that TixSocial assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
6. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service registration form (such information being 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 TixSocial has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TixSocial has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). TixSocial is concerned about the safety and privacy of all its users, particularly children. For this reason, and to be consistent with TSPM's Terms of Use, you must be at least 16 years of age to register for an account. If you are under the age of 18, you hereby represent that you are using the Service with the consent of your parent or guardian (Guardian), and that said Guardian is at least 18 years old, is the legal Guardian of the person listed on the TixSocial account, and that said Guardian has expressly given permission to access the Service.
7. ACCOUNT, PASSWORD AND SECURITY
You will create a password and account during the Service registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify TixSocial 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. TixSocial cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
8. CONDUCT
In using the TixSocial Services, you understand that you are liable for all information, in whatever form, (Information) you make available to your customers. You agree not to use the Service to: a. Upload, post, email, transmit or otherwise make available any Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;b. Harm minors in any way;c. Impersonate any person or entity, including, but not limited to, an TixSocial representative, forum leader, or falsely state or otherwise misrepresent your affiliation with a person or entity;d. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Information transmitted through the Service;e. Upload, post, email, transmit or otherwise make available any Information that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);f. Upload, post, email, transmit or otherwise make available any Information that infringes any patent, trademark, trade secret, copyright or other proprietary rights (Rights) of any party;g. Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas that are designated for such purpose and within the scope of such designation;h. Upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;j. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law; ork. Stalk or otherwise harass another. You acknowledge that TixSocial does not pre-screen any Content working in coordination with the Service, but that TixSocial and its designees shall have the right (but not the obligation) in their sole discretion to rescind use of the Service. You acknowledge and agree that TixSocial may preserve Information and may also disclose Information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Information violates the rights of third-parties; or (d) protect the rights, property, or personal safety of TixSocial, its users and/or the public. You understand that the technical processing and transmission of the Service, including your Information, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
9. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Information. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
10. INDEMNITY
You agree to indemnify and hold TixSocial, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Information you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service, other than as provided within the scope of the Service.
12. MODIFICATIONS TO SERVICE
TixSocial reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. TixSocial will not be responsible to you for refund, in whole or part, of service fees for any reason. You agree that TixSocial shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. TERMINATION
You agree that TixSocial, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Information within the Service, for any reason, including, without limitation, for lack of use, failure to timely pay any fees or other moneys due TixSocial, or if TixSocial believes that you have violated or acted inconsistently with the letter or spirit of the TOS. TixSocial may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that TixSocial may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TixSocial shall not be liable to you or any third-party for any termination of your access to the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TixSocial has no control over such sites and resources, you acknowledge and agree that TixSocial is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TixSocial shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
15. TIXSOCIAL'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software used in connection with the Service (Software) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that information presented to you through the Service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TixSocial, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. TixSocial grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Services by any means other than through the interface that is provided by TixSocial for use in accessing the Service.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN AS IS AND AS AVAILABLE BASIS. TixSocial EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. TixSocial MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TixSocial OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TixSocial SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TixSocial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
18. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS OF THE TOS SECTIONS MAY NOT APPLY TO YOU.REGARDLESS OF THE PREVIOUS PARAGRAPH, IF WE ARE FOUND TO BE LIABLE, OUR LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE TOTAL FEES YOU PAID TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY, AND (B) $100.
19. RELEASE
IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE US (AND OUR OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
20. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service. Our mailing address is TixSocial, Inc , USA.
21. TRADEMARK INFORMATION
TixSocial, trademarks and service marks, and other TixSocial logos and product and service names are owned by and /or trademarks of TixSocial (the TixSocial Marks). Without TixSocial's prior permission, you agree not to display or use in any manner, the TixSocial Marks.
22. GENERAL INFORMATION
A. Entire Agreement. The TOS constitutes the entire agreement between you and TixSocial and governs your use of the Service, superseding any prior agreements between you and TixSocial. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party Information or third-party software. B. Choice of Law. The TOS and the provision of Service to you are governed by the laws of the state of Wisconsin, U.S.A as such laws are applied to agreements entered into and to be performed entirely within Wisconsin by Wisconsin residents. C. Arbitration. Any controversy or claim arising out of or relating to the TOS or the provision of Service shall be finally settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Milwaukee,Wisconsin, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. However, you and TixSocial agree to submit to the personal jurisdiction of the courts located within the city and county of Milwaukee,Wisconsin. Either you or TixSocial may seek any interim or preliminary relief from a court of competent jurisdiction in Milwaukee,Wisconsin necessary to protect the rights or property of you or TixSocial (or its agents, suppliers, and subcontractors) pending the completion of arbitration. D. Invalid Provisions. The failure of TixSocial to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the 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 the TOS remain in full force and effect. E. 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 Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. F. Titles. The section titles in the TOS are for convenience only and have no legal or contractual effect.
23. VIOLATIONS
Please report any violations of the TOS please email support@twicketer.com
24. TIXSOCIAL PRIVACY POLICY Registration In order to use this web site, and TixSocial Event Organizer must first complete the registration form. During registration an Event Organizer is required to give its contact information (such as email address). Any information provided is to improve the experience to our Customers. Cookies A cookie is a piece of data stored on the user's hard drive containing information about the Customer. By setting a cookie on our site, the user would not have to log in a password more than once, thereby saving time while on our site. We use cookies for the convenience of our event Customers. Log Files We use IP addresses to analyze trends, administer the site, track user's movement, and gather broad demographic information for aggregate use. Links This web site contains links to other sites. Please be aware that we, TixSocial, are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by TixSocial at this Web site. Newsletter We will offer a newsletter to our Customers. If a Customer wishes to subscribe to our newsletter, we ask for contact information such as name and email address. You will have the choice to Opt-Out of this newsletter. This information will not be made available to any third party for advertising or direct marketing purposes. Surveys & Contests From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the Customer therefore has a choice whether or not to disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site. Security All financial transactions occur on secure, SSL protected Gateway servers. This web site takes every precaution to protect our users' information. When users submit sensitive information via the web site, your information is protected both online and off-line. We encrypt all passwords and other sensitive information in our database. We also protect user-information off-line. All of our Customer's information, not just the sensitive information mentioned above, is restricted in our offices. Only employees who need the information to perform a specific job (for example, our billing clerk or a customer service representative) are granted access to personally identifiable information. Furthermore, ALL employees are kept up-to-date on our security and privacy practices. If you have any questions about the security at our web site, you can contact us here. Supplementation of Information In order for this web site to properly fulfill its obligation to our Customers, it is necessary for us to supplement the information we receive with information from 3rd party sources, primarily TSPM. This information is not shared with any additional outside parties. Site and Service Updates We also send the Customer site and service announcement updates. Customer is not able to un-subscribe from service announcements, which contain important information about the service. We communicate with the user to provide requested services and in regards to issues relating to their account via email or phone. Correction/Updating Account Information If a Customer's identifiable information changes (such as your e-mail), or if a user no longer desires our service, we will endeavor to provide a way to correct, update or remove that personal data provided to us. This can usually be done at account page or by contacting our Customer Support as support@twicketer.com Notification of Changes If we decide to change our privacy policy, we will post those changes on our web site so our Customers are always aware of what information we collect, how we use it, and under circumstances, if any, we disclose it. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.
25. CUSTOMER REFERRAL TERMS
These provisions are a part of TixSocial's Terms of Service ("TOS") and all are applicable to the following referral programs to the extent relevant. TixSocial reserves the absolute right to determine such relevance. A. Referral of Event Holders Program. TixSocial will pay a referral fee to persons or entities ("Referrers") that refer revenue-generating event holding Customers to TixSocial pursuant to the following terms and conditions. a. Prior to an event holder Customer's initial use of the TixSocial event registration services ("Services), the Referrer must have contacted the event holding Customer and have been instrumental in getting the Customer initially to try the TixSocial event holding Services. b. The Referral must be properly registered with TixSocial and the Referrer must fully comply with the all instructions with respect thereto. c. TixSocial will pay the Referrer thirty-five percent (35%) of the "net revenue" (amount actually paid to TixSocial for providing the Service to Customer) generated by actual net ticket sales for the Customer's account during the period 12 months next following the date of the Customer's first TixSocial event registration. d. The referral fee will be paid at the beginning of each month to Referrer if the amount due and unpaid is five dollars ($5.00) or more. Any unpaid balances will be added to any balances due in subsequent months. e. TixSocial reserves the absolute right to change, modify or terminate this offer and/or its terms at any time. f. TixSocial reserves the absolute right to determine what, if any amounts are properly due Referrers hereunder. B. Event Attendee Referral Program TixSocial provides software that makes it possible for event holders to offer 3rd parties a bonus in exchange for referring attendee Customers to their event(s). These Terms of Service apply to both event holders and to those who refer such Customers to them using TixSocial software. TixSocial will make a good faith effort to provide information and instructions necessary to use the software correctly and expects users will correctly do so. These instructions can be found on the TixSocial web site. However, please understand that: a. TixSocial is neither a party to any agreements (actual or implied) entered into by event holders and those who refer Customers to their events, nor is it an agent, employee, partner or other representative of either the event holder or the referring party (the "Parties"). b. TixSocial has no responsibility for any failure or alleged failure of performance of the Parties one to another or to any third party, and the Parties agree to hold TixSocial harmless against any claims arising out of or related to their use of the Attendee Referral Program. c. TixSocial does not screen or investigate in any way its Customers to determine their ability, bona fides or willingness to perform the obligations that may be undertaken pursuant to this program. The Parties need to resolve all questions between themselves. TixSocial makes no representations and gives no assurances that event holders will perform, including paying any money owed to those who refer customers to their events. d. TixSocial will not settle, mediate or otherwise assume responsibility for resolving disputes between event holders and those who refer customers to their events. e. TixSocial assumes no liability arising from the use or misuse of the software, or in the event that the software fails to operate as expected, even if such failure results in the loss of data or in the misrepresentation of data necessary for the parties to fulfill commitments entered into using the software.