MogoTix, Inc., ("MogoTix") provides its services to you subject to the following Terms of Services ("Terms"), which may be updated from time to time without notice. You can review the latest version of the Terms at http://www.mogotix.com/terms.
By using this site, you agree to be bound by these Terms. If you don't agree with these Terms in full, stop using this site.
MogoTix provides self-service event registration and mobile ticketing services to event organizers. In addition, MogoTix allows attendees ("Ticket buyer" or "you") to purchase mobile tickets and perform other event-related actions. MogoTix does not guarantee the legality, quality, or safety of events, nor will you hold MogoTix responsible for the content or actions of its users.
When purchasing tickets, you agree to provide true, complete, and accurate information as requested by the MogoTix service or by the event organizer. If you provide information that is not true, complete, and accurate, or are suspected of doing so, MogoTix has the right to suspend your use of the MogoTix service.
Mobile ticket fees and charges:
By purchasing a mobile ticket, you agree to receive messages, reminders, or notifications, via SMS or email, that are related to the specific event for which you have registered. You agree that messaging and data rates may apply when sending or receiving messages, and when viewing, downloading, or transmitting mobile tickets, and you accept sole responsibility for these costs.
Sharing of ticket buyer phone numbers:
MogoTix may share your phone number with network partners when necessary (for example, to deliver a mobile ticket), but will not share or sell attendee phone numbers with event organizers, advertisers, salespeople, telemarketers, or other third parties unless compelled by law.
Mobile ticket copying and forwarding:
A mobile ticket will consist of a barcode and accompanying text. A barcode in isolation from its accompanying text, or accompanied by non-original text, is invalid. Forwarding a mobile ticket, or the SMS message that references it, will invalidate that mobile ticket without the right to a refund.
If you wish to request a refund, it must be communicated to and issued by the event organizer directly. MogoTix does not process refunds on behalf of event organizers, nor will MogoTix be held responsible for chargebacks, errors, processing delays, or lack of refunds related to the MogoTix service.
Your use of the site is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content that:
In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else's use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.
You agree that MogoTix may, at any time, and at its sole discretion, remove your content, or terminate your membership, account, or other affiliation with this site without prior notice to you for violating any of the above provisions. In addition, you acknowledge that MogoTix will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
By accepting these Terms, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of MogoTix, Inc. and/or its affiliates. You are only permitted to use the content as expressly authorized by MogoTix or the specific content provider. You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from MogoTix or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, MOGOTIX MAKES NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM MOGOTIX OR ITS AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
You understand and agree that temporary interruptions of the services available through this site may occur as normal events. You further understand and agree that MogoTix has no control over third party networks you may access in the course of the use of this site, and therefore, delays and disruption of other network transmissions are completely beyond its control.
You understand and agree that the services available on this site are provided "AS IS" and that MogoTix assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IN NO EVENT SHALL MOGOTIX OR ITS AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT MOGOTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, MOGOTIX SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made and acts or omissions that occur through the use of your password and account. Therefore, you must take steps to ensure that others do not gain access to your password and account. MogoTix personnel will never ask you for your password. You may not transfer or share your account with anyone, and MogoTix reserves the right to immediately terminate your account if you do transfer or share your account.
Although this site may be accessible worldwide, MogoTix makes no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
You agree that MogoTix may, in its sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that MogoTix 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 this site. MogoTix shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by MogoTix in connection with such termination or suspension.
In any action to enforce this agreement, the prevailing party will be entitled to costs and attorneys' fees. Any cause of action brought by you against MogoTix or its affiliates must be instituted with one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this site, or use of or access to this site.
In addition to any excuse provided by applicable law, MogoTix shall be excused from liability for non-delivery or delay in delivery of products and services available through this site arising from any event beyond MogoTix's reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond MogoTix's reasonable control, whether or not similar to those which are enumerated above.
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by MogoTix to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.