Wildkiz Corp. and the Site provide interactive online products and services that are facilitated and controlled by Wildkiz Corp. and/or third party event organizers, venues, promoters, or otherwise (“Merchants” and/or “Organizers”). Some of these products and services consist of third party information services, content and transaction capabilities that are facilitated through Wildkiz Corp..
In order to gain access to some of these products and services such as event reservation and/or event tickets you must register for a Wildkiz account. An account is required so we can collect the information necessary to store your event reservations and/or tickets, personal settings and track the usage of your event reservation and/or event tickets.
This Agreement sets forth the T&C that apply to the use of this Site by you the User. By using this Site (other than to read this Agreement for the first time), you agrees to comply with all of the terms and conditions hereof. The right to use this Site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your account information including password(s) and other sensitive data, if any. Your acknowledges that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond the control of Wildkiz Corp., and Wildkiz Corp. shall not be responsible for any data lost while transmitting information on the Internet. While it is Wildkiz Corp.’s objective is to make the Site accessible 24 hours per day, 7 days per week, the Site may be unavailable from time to time for any reason including, without limitation to, routine maintenance, third party service outages, connection disruptions and Site functionality. You understand and acknowledge that due to circumstances both within and outside of the control of Wildkiz Corp., access to the Site may be interrupted, suspended or terminated from time to time with out notice.
Wildkiz Corp. shall have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, Wildkiz Corp. may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.
2. Modified Terms.
3. Your User Account.
By creating a User Account to participate in certain activities and to obtain certain services offered by Wildkiz Corp., you will be asked to provide varying amounts of personal information (“User Data”) including, but not be limited to, you name, email address, city of residence, zip code, IP Address and other general information. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account, including, without limitation, all actions by individuals you share your account information with. You agree to (a) immediately notify Wildkiz Corp. 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. Wildkiz Corp. cannot and will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. In the event of any dispute between two or more parties as to account ownership, you agree that Wildkiz Corp. shall be the sole arbiter of such dispute in its sole discretion and that Wildkiz Corp.’s decision (which may include termination or suspension of any account subject to dispute) shall be final and binding on all parties.
4. Registration Obligation
To be a registered user of the Site, whether as a general user or Ticket Buyer, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Site registration form (the "User Data") and (ii) 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 Wildkiz Corp. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Wildkiz Corp. in its sole digression has the right to suspend or terminate all of your accounts and refuse any and all of your current or future use of the Site (or any portion thereof).
5. User Data
In addition to the information you willingly provide, Wildkiz Corp. may also collect information during your visit to the Site through our automatic data collection tools, which may include Web beacons, cookies, embedded Web links, and other commonly used information-gathering tools. These tools collect certain standard information that your browser sends to Wildkiz Corp. such as your browser type and language, access times, and the address of the website from which you arrived at the Site. They may also collect information about your Internet Protocol (IP) address, clickstream behavior (i.e. the pages you view, the links you click, and other actions you take in connection with the Wildkiz Corp. Site) and product information. Wildkiz Corp. may also use some of these automatic data collection tools in connection with certain emails sent from Wildkiz Corp., and therefore may collect information using these tools when you open the email or click on a link contained in the email. In order to better serve you and present you with relevant data, Wildkiz Corp. may obtain your location data. If you would not like to share your Location Data please refrain from the Site.
Wildkiz Corp. uses User Data information to better meet User needs, to respond to specific requests for information, to send promotional materials, and to make you aware of new or similar products or offerings in which you might be interested.
6. Notifications and Newsletters
As a registered user, Wildkiz Corp. reserves the right to send you email communications from time to time regarding promotions, product and company updates, technical or administrative issues, legal notices, promotional offers or other important information about the Site and products and service of Wildkiz Corp. considered valuable or essential to your continued ability to use them properly. Wildkiz Corp. does not intentionally send unsolicited emails to anyone who has requested that Wildkiz Corp. not contact them.
By accepting these T&C you acknowledge that you may receive promotional communications and emails from Wildkiz Corp. If you would like to opt completely out of receiving communications and any emails from Wildkiz Corp. you may notify the company that you do not wish to receive any future messaging at firstname.lastname@example.org.
7. User Devices.
You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. Wildkiz Corp. shall not be liable for any damages to the User’s equipment resulting from the use of this Site.
8. User Conduct.
This Site and any individual sites or merchant-specific, city-specific, or state-specific sites now or hereinafter contained within or otherwise available through external hyperlinks with our Site (the “Affiliate”) are private property. All interactions on this Site and/or the Affiliate must comply with these T&C. Although we welcome and encourage user interaction on our Site, we do insist and require that all Users restrict any and all activity in connection with the use of this Site and the Affiliate to that which involves lawful purposes only. User shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Wildkiz Corp.’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Wildkiz Corp.’s exclusive discretion restricts or inhibits any other User from using or enjoying this Site and/or any of the Affiliate is strictly prohibited. User shall not use this Site or any of the Affiliate to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of Users of this Site and/or the Affiliate to become Users of other on- or offline services directly or indirectly competitive or potentially competitive with Wildkiz Corp.
The foregoing provisions of this Section apply equally to and are for the benefit of Wildkiz Corp., its subsidiaries, affiliates, Organizers, Merchants and its third-party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.
II. Events and Payment .
1. Description of Service.
Wildkiz Corp. provides you with opportunities to purchase event tickets (“Events” or “Activities”) collectively brought to the ticket buyer (“Ticket Buyer” or “you”) by Wildkiz Corp. and/or third party event organizers, venues, promoters, or otherwise (“Organizers” and/or “Merchants”).
2. Who You Are Buying From.
Wildkiz Corp. acts as third party agent to Organizers who are promoting and/or otherwise providing you with event tickets/reservations. By purchasing a Ticket on the Site, you will either be purchasing that ticket from: (1) Wildkiz Corp.; or (2) the Event Organizer.
3. Amount of Tickets Per Customer.
When purchasing tickets on the Site, you are limited to a specified number of tickets for each event (also known as a “Quantity Limit” or “Limit”). This Limit is controlled by the Organizer and is noted during your purchase process and is verified with every transaction. This policy is in effect to control attendees and discourage unfair ticket buying practices.
4. Order Confirmation.
Upon a successful purchase of Tickets you will receive confirmation message from Wildkiz Corp. in the form of an email and/or confirmation page both of which will contain your order number (“Order Number”). If you do not receive Confirmation or an Order Number after submitting your payment information, or if you experience an error message or service interruption after submitting payment information, it is your responsibility to confirm with Wildkiz Corp. Customer Service whether or not your order has been actually placed and fully processed. Only you may be aware of any problems that may occur during the purchase process. Wildkiz Corp. will not be responsible for losses (monetary or otherwise) if you assume that an order was not placed because you failed to receive confirmation. Your Ticket is not guaranteed until you receive such confirmation. Even if Tickets are present in your Cart your reservation of those Tickets is not guaranteed until you receive Confirmation of your purchase. If you have attempted to purchase Tickets and are not sure if your payment and order has been confirmed please contact email@example.com.
5. Canceled and Postponed Events.
Occasionally, events are canceled or postponed by the Organizer. Should this occur, we will attempt to contact you to inform you of refund or exchange procedures for that event. For exact instructions on any canceled or postponed event, please check the event information online or contact firstname.lastname@example.org. If you purchase a ticket through the Site, and Wildkiz Corp. is instructed to issue refunds by the Organizer, then Wildkiz Corp. will most likely give you a refund by issuing a credit to the credit card that you used to purchase that ticket.
Wildkiz Corp. will not be liable for travel or any other expenses that you or anyone else incurs in connection with a canceled or postponed event.
If an event is canceled, please contact email@example.com for information on receiving a refund. If the event was moved or rescheduled, the Organizer may set refund limitations.
6. Lost and/or Stolen Tickets.
You as the Ticket Buyer are solely responsible for your print and digital tickets. If you lose, have your tickets stolen, account hijacked or duplicate tickets Wildkiz Corp. is in no way responsible or liable for refunds, damages, or otherwise as a result of mishandling or misuse of digital or print tickets! Under no circumstances will a replacement ticket be issued for any ticket that has been damaged, lost, stolen, or destroyed, hijacked, or otherwise.
7. Refunds and Exchanges.
Before purchasing tickets, carefully review your event and ticket type choices. Refund and exchange policies are generally set forth by the event Organizers who generally prohibit Wildkiz Corp. from issuing exchanges or refunds after a ticket has been purchased or for lost, stolen, damaged or destroyed. You agree that you will not attempt to evade, avoid, or circumvent those prohibitions in any manner with regard to tickets you purchased. Without limiting the generality of the foregoing, you will not contact Wildkiz Corp. to seek a refund or exchange from Wildkiz Corp. when Wildkiz Corp. is prohibited from providing one by its Organizers, and you will not dispute or otherwise seek a “chargeback” from the company whose credit card you used to purchase tickets from the Site. Should you do so, your tickets may be canceled, and Wildkiz Corp. may, in its sole discretion, refuse to honor pending and future ticket purchases made from all credit card accounts or online accounts on which such chargebacks have been made, and may prohibit all persons in whose name the credit card accounts exist and any person who accesses any associated online account or credit card or who otherwise breaches this provision from using the Site.
Wildkiz Corp. typically only offers refunds and/or exchanges based on the Organizer’s instructions. Wildkiz Corp. is not obligated to issue a refund except to the extent that the Organizer responsible for bringing you the event (1) instructs Wildkiz Corp. to issue a refund, and (2) provides Wildkiz Corp. with the ticket funds necessary to issue refunds. In order to receive a refund or an exchange that may be offered, you will have to comply with the Organizer’s instructions or deadlines, which, along with the decision about whether or not to issue a refund or an exchange, may be at the Organizer’s discretion.
If Wildkiz Corp. issues you a refund for a ticket, it will issue a refund of the ticket’s face value paid (or, if a discounted ticket, then instead the discounted ticket price paid). If a refund is issued, it will be issued using the same method of payment that was used to purchase the tickets. If a credit card was used to make the refunded purchase, then only that actual credit card will receive the credit for the refund.
In general, sales are final and Wildkiz Corp. and/or it’s Organizers will not issue refunds, unless the event is cancelled or rescheduled or the facility is closed due to unforeseen circumstances. If the event is canceled or rescheduled you may receive a refund or exchange based on the Organizers instructions. To request a refund you must contact Wildkiz Corp. with your Order number, name, event name and contact info at firstname.lastname@example.org. Again, under no circumstances is the service charge ever refunded even if an event is cancelled or rescheduled.
8. Pricing Errors.
If the amount you pay for an event ticket is obviously or grossly incorrect, regardless of whether because of an error in a price posted on the website/application or otherwise communicated to you, and regardless of whether because of a transactional malfunction of the website/application or other Wildkiz Corp. operated system, then Wildkiz will have the right to cancel that ticket and refund to you the amount that you paid. Please contact email@example.com if you believe that a pricing error has occurred.
9. Limitation of Liability.
You assume all risks incidental to the event for which a ticket is issued, whether before, during or after performance, and you waive any claims for personal injury or death against Wildkiz Corp. on behalf of yourself and any accompanying minor.
10. License; Ejection and Cancellation; No Redemption Value.
Organizers reserve the right, without refund of any amount paid, to refuse admission to, or eject, any person whose conduct management deems disorderly, who uses vulgar or abusive language or who fails to comply with Organizer rules. Breach of terms or rules will terminate your license to attend the event without refund. A ticket is a revocable license and admission may be refused upon refunding the ticket’s face amount. A ticket is not redeemable for cash.
11. You Are Subject to Search.
You and your belongings may be searched on entry to events you attend. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, bundles and containers.
12. Unlawful Re-Sale of Tickets; Commercial Purposes.
Unlawful resale of tickets (or attempted resale) is grounds for seizure and cancellation without compensation. A ticket shall not be used for advertising, promotions, contests or sweepstakes, unless formal written authorization is given by the Organizer, provided that even if such consent is obtained, any use of Wildkiz Corp.’s trademarks and other intellectual property is subject to Wildkiz Corp.’s sole consent. To inquire about such consent please contact firstname.lastname@example.org.
1. Copyright and Trademarks.
Everything located on or in this Site, including the Affiliate, is the exclusive property of Wildkiz Corp. or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE MICROSITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF WILDKIZ CORP. IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject User to civil and/or criminal penalties.
This Site and any Affiliate contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Site are protected by copyright as a collective work under the United States copyright laws. Wildkiz Corp. owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. User may download, print, and/or save copyrighted material for User’s personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of Wildkiz Corp. or the copyright owner is permitted. If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a Affiliate otherwise owned or operated in conjunction with Wildkiz Corp. shall not be deemed to be in the public domain but rather the exclusive property of Wildkiz Corp., unless such site is under license from the Trademark owner thereof, in which case such license is for the exclusive benefit and use of Wildkiz Corp. unless otherwise stated.
User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Wildkiz Corp. does not have any express burden or responsibility to provide User with indications, markings or anything else that may aid User in determining whether the material in question is copyrighted or trademarked. User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of this Site or any Affiliate, User warrants that the owner of such material has expressly granted Wildkiz Corp. the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other end user to access, view, store or reproduce the material for that User’s personal use. User hereby grants Wildkiz Corp. the rights to edit, copy, publish and distribute any material made available on this Site or any Affiliate by User.
The foregoing provisions of Section 5 apply equally to and are for the benefit of Wildkiz Corp., its subsidiaries, affiliates, Merchants and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
2. Disclaimer of Warranty.
USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE MICROSITES IS AT END USER’S SOLE RISK. NEITHER WILDKIZ CORP., ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY MICROSITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY MICROSITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE MICROSITES.
THIS SITE AND THE MICROSITES ARE MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WILDKIZ HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
3. Limitation of Liability.
IN NO EVENT SHALL Wildkiz Corp., BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT. IN NO EVENT WILL WILDKIZ CORP.’S LIABILITY IN CONNECTION WITH A WILDKIZ CORP. DEAL EXCEED THE AMOUNTS PAID FOR SUCH DEAL, AND TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY END USER DURING THE SIX MONTHS PRECEDING THE BRINGING OF ANY CLAIM.
Wildkiz Corp. shall have the right, but not the obligation, to monitor and edit the content of the Site and any Affiliate at all times. Without limiting the foregoing, Wildkiz Corp. shall have the right, but not the obligation, to edit or remove any material that Wildkiz Corp., in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
6. License Grant.
By posting communications on or through this Site or any Affiliate, User shall be deemed to have granted to Wildkiz Corp. a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sub licensees.
User agrees to defend, indemnify and hold harmless Wildkiz Corp., its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by User in connection with the Site or any Affiliate.
User is solely responsible for interactions with Merchants and other users of the Site or Affiliates. To the extent permitted under applicable laws, User hereby releases Wildkiz Corp. from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a Deal, and any conduct or speech, whether online or offline, of any other user.
In connection with the foregoing release, User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “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.
Wildkiz Corp. may terminate this Agreement at any time. Without limiting the foregoing, Wildkiz Corp. shall have the right to immediately terminate or suspend any passwords or accounts of User in the event of any conduct by User or which Wildkiz Corp., in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
9. Third-Party Content.
Wildkiz Corp., similar to an Internet Service Provider, is a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Wildkiz Corp. has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Wildkiz Corp.
In many instances, the content available through this Site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Wildkiz Corp. Wildkiz Corp. neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Site by anyone other than authorized Wildkiz Corp. employee spokespersons while acting in official capacities. Under no circumstances will Wildkiz Corp. be liable for any loss or damage caused by a User’s reliance on information obtained through Wildkiz Corp. It is the responsibility of User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Wildkiz Corp.
Third Party Content found on Site is subject to change without Wildkiz Corp.’s knowledge. This content may include, but is not limited to, happy hours, descriptions, daily specials, menu items, menu prices, deals, etc.. Wildkiz Corp. is not responsible for inaccurate content as it may be at the discretion of such Third Parties. In the event content is incorrect or out of date Wildkiz Corp. is not held liable for any loss or damage caused by inaccurate content.
Site may contain links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Wildkiz Corp. of the contents on such third-party sites, and Wildkiz Corp. hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If User decides to access linked third-party websites, User does so at its own risk. Unless you have executed a written agreement with Wildkiz Corp. expressly permitting you to do so, you may not provide a hyperlink to the Site or any Microsite from any other website. Wildkiz Corp. reserves the right to revoke its consent to any link at any time in its sole discretion.
This Agreement, including the Terms of Sale set forth below (which are incorporated into this Agreement), and any operating rules for Wildkiz Corp. established by Wildkiz Corp., constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.