Tickrush terms of service
TICKRUSH – TERMS OF SERVICE
These Terms of Service (the “Terms”) constitute a legally binding agreement between:
Tickrush LLC,
(“Tickrush,” “Company,” “we,” “us,” or “our”)
and
You, the individual or legal entity accessing or using the Tickrush application, website, APIs, or related services (collectively, the “Services”).
1. ACCEPTANCE AND LEGAL BINDING EFFECT
1.1 Acceptance by Use
By accessing, downloading, registering for, or using the Services, you:
- Confirm that you have read and understood these Terms
- Agree to be legally bound by them
- Agree to comply with all applicable laws
1.2 Authority to Bind
If you use the Services on behalf of an entity, you represent that you have authority to bind that entity.
1.3 Mandatory Agreement
If you do not agree to these Terms, you must immediately discontinue use of the Services.
2. PLATFORM ROLE AND NEUTRALITY (CRITICAL)
2.1 Technology Platform Only
Tickrush is a neutral technology platform that enables event organizers to create, manage, and promote events.
2.2 No Event Responsibility
Tickrush:
- Does not organize events
- Does not control event content
- Does not guarantee event quality, legality, or safety
2.3 No Agency or Partnership
Nothing in these Terms creates:
An agency relationship
A partnership (owning shares)
A joint venture
between Tickrush and any user or organizer.
3. USER CATEGORIES
3.1 Organizers
Users who create, host, or manage events.
3.2 Attendees
Users who register for, purchase tickets to, gift someone a ticket, or attend events.
3.3 Visitors
Users who browse without registering.
Each category assumes different risks and responsibilities.
4. ELIGIBILITY AND ACCOUNT REQUIREMENTS
4.1 Age Requirement
You must be at least 18 years old (or legal age in your jurisdiction).
4.2 Account Accuracy
You agree to provide accurate, current, and complete information.
4.3 Account Security
You are solely responsible for:
Maintaining account confidentiality
All activities under your account
Tickrush disclaims liability for unauthorized access caused by user negligence.
5. ORGANIZER OBLIGATIONS (HEAVY RISK SHIFT)
5.1 Legal Compliance
Organizers are solely responsible for:
Event legality
Permits and licenses
Tax compliance
Consumer protection compliance
5.2 Content Responsibility
Organizers warrant that all event content:
Is accurate
Is lawful
Does not infringe third-party rights
5.3 Data Responsibility
Organizers are the sole Data Controllers of attendee data.
5.4 Indemnification
Organizers agree to indemnify Tickrush for all claims arising from:
Event execution
Misrepresentation
Data misuse
6. ATTENDEE RESPONSIBILITIES
6.1 Personal Risk Assumption
Attendees attend events at their own risk.
6.2 No Event Guarantees
Tickrush does not guarantee:
Event occurrence
Organizer performance
Venue safety
6.3 Dispute Direction
Event-related disputes must be resolved directly with the Organizer.
7. TICKETING, PAYMENTS, AND FEES
7.1 Third-Party Payment Processing
All payments are processed by third-party processors.
7.2 No Financial Custody
Tickrush does not hold funds as a bank, escrow, or trustee.
7.3 Fees
Tickrush may charge service or platform fees, including per ticket and tax fees.
7.4 Chargebacks
Tickrush disclaims liability for chargebacks and payment disputes.
8. REFUNDS AND CANCELLATIONS
8.1 Refunds Time
Refunds can only be done 48 hours before the event.
8.2 Third-party or Gifted Tickets Refunds
No refunds for gifted tickets from interest page or ticket that is gifted from third-party.
8.3 Organizer-Controlled Refunds
Refunds are determined solely by Organizers.
8.4 No Refund Obligation
Tickrush has no obligation to issue refunds.
8.5 Event Changes
Tickrush is not responsible for event changes or cancellations.
9. PROHIBITED USES
Users may not:
- Violate laws
- Upload malicious code
- Misrepresent events
- Harass other users
- Scrape or reverse engineer the Services
Violation may result in immediate termination.
10. CONTENT OWNERSHIP AND LICENSE
10.1 User Content Ownership
Users retain ownership of content they submit.
10.2 License to Tickrush
Users grant Tickrush a worldwide, royalty-free license to use content for platform operation.
10.3 Content Removal
Tickrush may remove content at its sole discretion.
11. INTELLECTUAL PROPERTY RIGHTS
11.1 Tickrush Intellectual Property
All rights, title, and interest in and to the Services, including but not limited to:
- Software
- Source code
- Object code
- Algorithms
- User interface designs
- Logos, trademarks, and branding
- Documentation and content
are owned exclusively by Tickrush LLC or its licensors and are protected by intellectual property laws.
11.2 Limited License to Users
Tickrush grants users a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose, subject to these Terms.
11.3 Restrictions
Users may not:
- Copy, modify, or create derivative works
- Reverse engineer or decompile
- Remove proprietary notices
- Exploit the Services commercially without authorization
Any unauthorized use terminates the license immediately.
12. USER CONTENT AND REPRESENTATIONS
12.1 User Content Definition
“User Content” includes any data, text, images, videos, listings, or materials submitted by users.
12.2 User Representations and Warranties
Users represent and warrant that:
- They own or have rights to all User Content
- Content is accurate and lawful
- Content does not infringe third-party rights
12.3 No Pre-Screening Obligation
Tickrush does not pre-screen User Content and disclaims responsibility for its legality, accuracy, or appropriateness.
12.4 Content Takedown Rights
Tickrush may remove User Content at its sole discretion, without notice, and without liability.
13. DMCA & COPYRIGHT INFRINGEMENT POLICY (US)
13.1 Notice Procedure
If you believe content infringes your copyright, submit a DMCA notice to support@tickrush.com including all legally required information.
13.2 Counter-Notification
Users may submit counter-notices as permitted by law.
13.3 Repeat Infringers
Tickrush reserves the right to terminate repeat infringers.
13.4 No Liability for Good-Faith Actions
Tickrush disclaims liability for content removal performed in good faith under copyright law.
14. PLATFORM AVAILABILITY AND PERFORMANCE DISCLAIMERS
14.1 No Uptime Guarantee
Tickrush does not guarantee uninterrupted or error-free operation.
14.2 Maintenance and Updates
The Services may be modified, suspended, or discontinued at any time.
14.3 Feature Changes
Tickrush may add, remove, or modify features without notice.
14.4 Beta and Experimental Features
Beta features are provided “as is” with no warranties and may be removed at any time.
15. DATA ACCURACY AND RELIANCE DISCLAIMERS
15.1 No Accuracy Warranty
Tickrush does not guarantee accuracy or completeness of event listings or user content.
15.2 User Reliance Risk
Users rely on the Services at their own risk.
15.3 No Professional Advice
Content provided through the Services does not constitute legal, financial, or professional advice.
16. SECURITY DISCLAIMERS (ToS ALIGNMENT)
16.1 Security Efforts
Tickrush uses commercially reasonable security measures.
16.2 No Absolute Security
Tickrush does not guarantee that data will be secure from unauthorized access.
16.3 User Responsibility
Users are responsible for securing their accounts and devices.
17. THIRD-PARTY SERVICES AND INTEGRATIONS
17.1 External Dependencies
The Services may integrate with third-party platforms.
17.2 No Control or Endorsement
Tickrush does not control third-party services and does not endorse them.
17.3 Risk Allocation
Use of third-party services is at the user’s own risk.
18. EXPORT CONTROL AND SANCTIONS
18.1 Compliance Obligation
Users agree to comply with export control laws and sanctions regulations.
18.2 Restricted Users
The Services may not be used by sanctioned individuals or entities.
18.3 Termination Right
Tickrush may terminate access for export compliance violations.
19. DISCLAIMER OF WARRANTIES (MAXIMUM EXTENT)
19.1 “AS IS” AND “AS AVAILABLE”
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
19.2 DISCLAIMED WARRANTIES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TICKRUSH DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY
- AVAILABILITY
- SECURITY
- RELIABILITY
19.3 NO EVENT OR OUTCOME WARRANTY
TICKRUSH DOES NOT WARRANT THAT:
- EVENTS WILL OCCUR
- ORGANIZERS WILL PERFORM
- ATTENDEES WILL ATTEND
- VENUES WILL BE SAFE
- PAYMENTS WILL BE ERROR-FREE
19.4 JURISDICTIONAL DISCLAIMER
Some jurisdictions do not allow certain warranty exclusions. In such cases, exclusions apply to the maximum extent permitted by law.
20. LIMITATION OF LIABILITY (CRITICAL)
20.1 EXCLUDED DAMAGES
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TICKRUSH SHALL NOT BE LIABLE FOR:
- INDIRECT DAMAGES
- INCIDENTAL DAMAGES
- CONSEQUENTIAL DAMAGES
- SPECIAL DAMAGES
- EXEMPLARY DAMAGES
- LOSS OF PROFITS
- LOSS OF DATA
- LOSS OF BUSINESS
- REPUTATIONAL HARM
20.2 TOTAL LIABILITY CAP
IN NO EVENT SHALL TICKRUSH’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES EXCEED:
THE GREATER OF:
(a) THE AMOUNT PAID BY THE USER TO TICKRUSH IN THE PRECEDING ONE (1) MONTH, OR
(b) USD $100
20.3 BASIS OF THE BARGAIN
Users acknowledge that the limitations of liability form an essential basis of the bargain between the parties
20.4 NO LIABILITY FOR THIRD PARTIES
Tickrush shall not be liable for acts or omissions of:
- Organizers
- Attendees
- Vendors
- Payment processors
- Venues
21. INDEMNIFICATION (EXPANDED AND AGGRESSIVE)
21.1 User Indemnity Obligation
Users agree to indemnify, defend, and hold harmless Tickrush LLC, its officers, directors, employees, agents, and affiliates from any claims, damages, losses, liabilities, costs, and expenses arising from:
- Use or misuse of the Services
- Event organization or attendance
- Violation of these Terms
- Violation of laws or regulations
- Infringement of third-party rights
- 21.2 Organizer-Specific Indemnity
Organizers specifically indemnify Tickrush for claims arising from:
- Event cancellation or injury
- Misrepresentation
- Refund disputes
- Data protection violations
21.3 Defense Control
Tickrush reserves the exclusive right to control the defense and settlement of any indemnified claim.
22. ASSUMPTION OF RISK
22.1 GENERAL RISK ACKNOWLEDGMENT
Users acknowledge that using an online platform involves inherent risks.
22.2 EVENT-RELATED RISKS
Attendees assume all risks associated with:
- Travel
- Venues
- Crowds
- Activities
- Health and safety
22.3 TECHNOLOGY RISKS
Users assume risks related to:
- Internet connectivity
- System outages
- Data transmission
Tickrush disclaims liability for all such risks.
23. FORCE MAJEURE
23.1 Force Majeure Events
Tickrush shall not be liable for failure or delay due to events beyond its reasonable control, including:
- Natural disasters
- Pandemics
- Government actions
- Internet failures
- Labor disputes
- Acts of war or terrorism
23.2 No Refund Obligation
Force majeure events do not obligate Tickrush to issue refunds.
24. SUSPENSION AND TERMINATION RIGHTS
24.1 Termination for Convenience
Tickrush may suspend or terminate access at any time, with or without cause.
24.2 Termination for Cause
Tickrush may immediately terminate access for:
- Policy violations
- Legal risk
- Security threats
24.3 No Liability for Termination
Tickrush shall not be liable for losses arising from suspension or termination.
25. NO FIDUCIARY OR SPECIAL DUTY
25.1 No Fiduciary Relationship
Tickrush does not act as:
- A fiduciary
- An agent
- A trustee
- A financial intermediary
25.2 Independent Parties
Users and Tickrush are independent parties.
26. DISPUTE RESOLUTION AND ARBITRATION
26.1 Mandatory Informal Resolution
Before initiating any formal legal action, users agree to first attempt to resolve disputes informally by contacting Tickrush at support@tickrush.com and allowing at least thirty (180) days for resolution.
26.2 Binding Arbitration Requirement
Except where prohibited by applicable law, all disputes, claims, or controversies arising out of or relating to these Terms or the Services shall be resolved exclusively through final and binding arbitration, rather than in court.
26.3 Arbitration Venue and Law
Arbitration shall:
- Take place in Wyoming, United States
- Be conducted in English
- Be governed by the Federal Arbitration Act (FAA), where applicable
26.4 Arbitration Scope
This arbitration provision applies to:
- Contract claims
- Tort claims
- Statutory claims
- Privacy and data-related claims
26.5 Costs
Each party shall bear its own legal costs unless otherwise required by law.
27. CLASS ACTION WAIVER
27.1 No Class or Representative Actions
To the maximum extent permitted by law, users agree that:
Claims may only be brought on an individual basis
Users waive any right to participate in class actions, collective actions, or representative proceedings
27.2 Severability of Waiver
If this class action waiver is found unenforceable, the arbitration provision shall remain enforceable to the maximum extent permitted by law.
28. GOVERNING LAW AND JURISDICTION
28.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to conflict-of-law principles.
28.2 Exclusive Venue (If Arbitration Is Unenforceable)
If arbitration is found unenforceable, disputes shall be resolved exclusively in state or federal courts located in Wyoming, and users consent to personal jurisdiction therein.
29. SEVERABILITY AND SURVIVAL
29.1 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.
29.2 Survival
The following provisions survive termination:
- Disclaimer of warranties
- Limitation of liability
- Indemnification
- Arbitration and class action waiver
- Governing law
- Intellectual property rights
30. MODIFICATIONS TO TERMS
30.1 Right to Modify
Tickrush reserves the right to modify these Terms at any time.
30.2 Notice of Changes
Changes may be communicated via:
- Website posting
- Apps or In-app notification
30.3 Continued Use
Continued use of the Services constitutes acceptance of revised Terms.
31. TERMINATION EFFECTS
31.1 Effect of Termination
Upon termination:
Licenses granted to users immediately terminate
Tickrush may delete or retain data in accordance with its Privacy Agreement
31.2 No Compensation
Tickrush shall not be liable for any compensation or damages resulting from termination.
32. ASSIGNMENT AND CORPORATE TRANSACTIONS
32.1 Assignment by Tickrush
Tickrush may assign these Terms without restriction in connection with:
- Mergers
- Acquisitions
- Asset sales
- Corporate reorganizations
32.2 User Restriction
Users may not assign their rights or obligations without Tickrush’s prior written consent.
33. ENTIRE AGREEMENT
33.1 Integration Clause
These Terms, together with the Privacy & Data Protection Agreement, constitute the entire agreement between users and Tickrush regarding the Services.
33.2 No Reliance
Users acknowledge that they have not relied on any representations not expressly stated herein.
34. NO WAIVER
Failure by Tickrush to enforce any provision shall not constitute a waiver of future enforcement.
35. FORCE MAJEURE (RECONFIRMED)
Tickrush shall not be liable for delays or failures caused by events beyond its reasonable control, including but not limited to natural disasters, governmental actions, pandemics, or infrastructure failures.
36. CONTACT INFORMATION
Tickrush LLC
Wyoming, United States support@tickrush.com