1. INTRODUCTION AND ACCEPTANCE
Local Level offers ticketing and event registration services for events put on by individuals and organizations (each an “Organization”). Purchasers of tickets and event registrants are “Purchasers”, whether or not they are required to pay for a ticket or to register for an event. “You” and “your” refers to either an Organization or a Purchaser
3. LOCAL LEVEL IS NOT A TICKET BROKER OR SELLER. Local Level is not a ticket broker or ticket seller. In providing Services, Local Level acts as an agent to Organizations who have signed up to sell or provide tickets through use of our Services or to use our Services for event registration purposes.
5. PURCHASING TICKETS OR REGISTERING FOR EVENTS
(a) Generally. If you would like to use the Services to purchase or, in the case of free tickets,obtain tickets to an event or to register for an event, then you must be an individual, at least 18 years of age or able to form legally binding contracts under applicable law, and a resident of the United States with a United States mailing address.
(b) Pricing and Availability. The Organization, not Local Level, determines ticket and event prices, the number of tickets or event registrations available, seating locations, and number of tickets that you may purchase (i.e. any ticket limits) or persons that you may register for a particular event.
(c) Service and Processing Fees. Local Level reserves the right to charge a non-refundable service and/or processing fee for ticket purchases and event registrations. If you are required to pay a service or processing fee, we will disclose any such fees to you before you complete your payment. If you do not wish to pay the service or processing fees, you will not be obligated to proceed with the transaction.
(d) Payment Methods. You may make payments by using either a credit or debit card.
(e) Delivery. Tickets and event registration confirmations are emailed to the Purchaser or as otherwise specified by the Purchaser. Tickets and event registration confirmations are also available to download online by logging into the Purchaser’s account.
(f) Event Cancellation and Refund Policy.
(i) Event Cancellation. If an event is cancelled, Local Level will issue refunds as directed by the Organization. Any refunds will exclude service or processing fees, if any, charged by Local Level unless the refund of such fees is required by applicable law or the Organization elects to cover such fees.
(ii) Refunds. Except for refunds issued as set forth in Section 5(f)(i), if you are not satisfied with your purchase, you agree to resolve the issue directly with the Organization. The decision of whether to provide refunds (and the method any such refund will be made) will be made by the Organization. If you would like a refund, you must contact the Organization directly. Except as set forth in Section 5(f)(i), all refunds are the responsibility of the Organization.
(g) Ticket Transfer. It is up to the Organizations to determine whether tickets or event registrations, as applicable, are transferrable. In general, tickets or vent registrations that do not have the name of a specific person printed on them can be ransferred, while tickets or event registrations with the name of a specific person printed on them cannot be. If you purchase a ticket or register for an event that is specific to a person that you would like to transfer to another person, you must contact the Organization directly to request the transfer. The Organization, not Local Level, will determine whether a transfer will be permitted in such situations.
6. ORGANIZING EVENTS
(a) Generally. If you or an organization you represent would like to use our Services to provide tickets for events that you are organizing or allow persons to register for events, then you must create an account with us on our website and agree to this Agreement. You represent and warrant that you (i) are either an individual at least 18 years of age or entering into this Agreement on behalf of a legally recognized entity, you are duly organized, validly existing, and in good standing under the laws of your state of organization; and (ii) have full right, power and authority to enter into this Agreement and to perform its obligations hereunder; (iii) if you are entering into this Agreement on behalf of a legally recognized entity, the execution of this Agreement has been duly authorized by all necessary action on the part of such entity; and (iv) you (or the legally recognized entity, as applicable) are a resident of or domiciled in the United States with a United States mailing address.
(b) Agent. By registering for the Services and creating an event, Organization appoints Local Level as Organization’s agent to act for and on Organization’s behalf solely to perform Services contemplated by this Agreement
(c) Licenses and Consents. Organization shall obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services including laws relating to the use of Content (as described in Section 6(e)), in all cases before the date on which the Services are to start.
(g) Ticketing and Event Registration Services. By using our Services to create a ticketed event, Organization authorizes Local Level to distribute tickets to such events. By using our Services to register persons for non-ticketed events, Organization authorizes Local Level to distribute event confirmations to such events. Further, Organization authorizes Local Level to cause to be debited the deposit account that the Organization has provided to Local Level as part of the registration process. By using our Services, an Organization authorizes Local Level (or its designated payment processor) to cause funds to be deposited or credited to the Organization’s deposit account provided to Local Level as part of the event creation process.
(e) Use of Organization Content
(ii) Warranty. You represent and warrant that (A) the information contained in the Content is accurate; (B) the Organization owns or has all of the necessary licenses, rights, consents, and permissions in and to the Content that you submit; and (C) you will not submit any Content that contains third-party copyrighted material or material that is subject to other third-party proprietary rights, unless you have permission from the owner of the material or you are otherwise legally entitled to submit the material and grant Local Level the license granted herein.
(iii) Indemnity. To the extent legally permissible, Organization agrees to indemnify and hold harmless Local Level from and against any claims, liabilities, damages, judgments, awards, losses, costs, expense or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of the representation and warranty in Section 6(e)(ii).
(f) Fees. Use of our Services by Organizations may be subject to a non-refundable service, processing, or other fees as set forth on our website. Local Level may deduct any such fees from payments made to you hereunder. In the event that you cancel an event and direct Local Level to issue refunds to Purchasers, you may instruct us to refund service and processing fees that have been paid by Purchasers in addition to the fees paid to register for the event or tickets. Local Level will refund such service and processing fees to Purchasers; provided that, Organization agrees to promptly pay such fees to Local Level upon receipt of an invoice from Local Level. Alternatively, Local Level may deduct such fees from any other monies that you may accrue as a result of other Organization events.
(g) Payment Ownership, Scheduling, and Disbursement.
(i) Local Level will typically pay the Organization any proceeds from ticket purchases or event registrations within ten (10) business days of completion of the event.
(ii) Once a Purchaser completes a ticket purchase transaction, a Purchaser has no further rights in those funds subject to Section 5(f) (Refunds). Prior to disbursement to the Organization designated by Purchaser, Local Level shall cause to be deposited all funds received from Purchasers in a non-interest-bearing deposit account at a financial institution in the United States. Such account is owned and maintained by its payment processor (the “Settlement Account”). The Settlement Account will be a commingled account containing funds for other customers of Local Level’s payment processor in addition to the funds deposited for the benefit of the Organization. Local Level shall maintain records of subaccounts for each Organization (“Subaccount(s)”). Local Level is not a bank, savings and loan or regulated financial institution. Local Level is not a money transmitter. At no time does Local Level own, control, or transfer the funds in the Settlement Account, which are owned and controlled by Local Level’s payment processor. Local Level uses Instruction Based Funding services provided by its payment processor to cause the fund transfers required for the Services. Local Level’s payment processor will initiate funds transfers or check, as applicable, to Organization from the Settlement Account consistent with funding instruction files received from Local Level. Neither Purchaser nor Organization will receive interest on any amounts transferred for time which elapses during payment processing.
(h) Reversals, Returns and Chargebacks. Organization agrees to be liable for any reversals, returns, or chargebacks (“Disputed Amounts”) incurred by Local Level, and authorizes Local Level to instruct its payment processor to setoff the amount of such Disputed Amount against funds held in the Payee’s Subaccount in order to reimburse Local Level for the amount of such Disputed Amount, and if the balance in its subaccount is insufficient to cover the Disputed Amount, Organization will immediately upon request from Local Level transfer funds to the Settlement Account for credit to Local Level in the Disputed Amount.
(i) Taxes. Local Level users are responsible for determining what, if any, taxes apply to payments made or received using the Services, and it is the Organization’s responsibility to collect, report, and pay the correct taxes to the appropriate tax authority.
7. APPS AND SOCIAL MEDIA FEATURES
(a) If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by any end.
If we provide social media features with certain content, you make take such actions as are enabled by such features.
8. INTELLECTUAL PROPERTY RIGHTS
(a) Our Services are owned by Local Level, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You may not modify, copy, record, publish, transmit, distribute, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part.
(a) The Local Level name, Local Level logo, and all related names, logos, product and service names, designs and slogans are trademarks of Local Level or its affiliates or licensors. You must not use such marks without the prior written permission of Local Level. All other names, logos, product and service.
9. PROHIBITED ACTIVITIES
(a) WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITE OR YOUR USE OF THE SERVICES, OR ON ANY WEBSITE LINKED TO BY THE WEBSITE.
(b) YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER LOCAL LEVEL NOR ANY PERSON ASSOCIATED WITH LOCAL LEVEL MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER LOCAL LEVEL NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(c) LOCAL LEVEL HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(d) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
11. LIMITATION ON LIABILITY
(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW THAT IN NO EVENT WILL LOCAL LEVEL, ITS PARENT COMPANY, SUCCESSORS, AGENTS, AFFILIATES, BUSINESS PARTNERS, AND SERVICE PROVIDERS AND EACH OF THEIR OFFICERS, DIRECTORS, AND EMPLOYEES (COLLECTIVELY, THE “LOCAL LEVEL ENTITIES”) BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED OR PUNITIVE DAMAGES, IN EACH CASE REGARDLESS OF WHETHER THE LOCAL LEVEL ENTITIES WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. NOTWITHSTANDING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE NOT A LOCAL LEVEL ENTITY.
(b) LOCAL LEVEL IS NOT RESPONSIBLE FOR THE ACTIONS OF THIRD PARTIES, AND YOU RELEASE THE LOCAL LEVEL ENTITIES FROM ANY CLAIMS AND DAMAGES, KNOWN OR UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
(c) MAXIMUM LIABILITY. IN NO EVENT WILL THE COLLECTIVE AGGREGATE LIABILITY OF THE LOCAL LEVEL ENTITIES TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY AND OTHERWISE, EXCEED THE LESSER OF: (i) THE AMOUNT OF FEES RECEIVED BY US PURSUANT TO THIS AGREEMENT FOR THE SERVICES PERFORMED IN THE IMMEDIATELY PRECEDING THREE MONTHS; OR (ii) $500.00. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL THEIR ESSENTIAL PURPOSE.
(d) Exceptions. The exclusions and limitations in this Section 11 do not apply to Local Level's obligations or liability for Local Level's gross negligence or willful misconduct. The foregoing does not affect any liability which cannot be excluded or limited under applicable law.
12. LIMITATION ON TIME TO FILE CLAIMS
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
13. MONITORING AND ENFORCEMENT; TERMINATION
(a) We have the right to:
(i) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
(ii) terminate or suspend your account if we believe, in our sole opinion, that you are using (or intend to use) the Services in a fraudulent manner or in a way that is otherwise in violation of the law or this Agreement.
(b) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Services or website. YOU WAIVE AND HOLD HARMLESS THE LOCAL LEVEL ENTITIES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
(c) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of this Agreement.
(d) Any suspension or termination shall not affect your obligations to us under Agreement. The provisions of this Agreement which by their nature should survive the suspension or termination of your account or this Agreement shall survive including, but not limited to the rights and licenses that you have granted hereunder, indemnities, disclaimers, limitations on liability, provisions related to intellectual property ownership, and all of the miscellaneous provisions in Section 18.
15. MODIFYING OR CLOSING YOUR ACCOUNT
You may also make changes to your account by logging into your account and changing your account settings. You may close your account by contacting the Local Level Support Center as set forth in Section 20.
16. GEOGRAPHIC RESTRICTIONS
Local Level is based in the State of Tennessee in the United States. We provide this website and Services for use only by persons located in the United States. We make no claims that the Services will be accessible or appropriate outside of the United States. Access to the Services and website may not be legal by certain persons or in certain countries. If you access the Services or website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
17. ADDITIONAL TERMS; CHANGES TO THE AGREEMENT AND SERVICES
18. THIRD PARTY CONTENT AND LINKS
(a) We may provide third-party content through our Services. Any such third-party content represents the opinions and judgments of the third-party. We do not endorse, warrant and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement that may be made in such third-party content and expressly disclaim any warranties with respect to the same.
(b) We may provide links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites or liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
(a) Force Majeure. Local Level shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Local Level including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage, provided that, if the event in question continues for a continuous period in excess of ten (10) days, you shall be entitled to give notice in writing to Local Level to terminate this Agreement.
(f) Communications. You consent to receiving communications from Local Level electronically. You agree that we have the right to communicate with you by email or by posting notices on this website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
20. CONTACTING US
This website is operated by i3-LL, LLC d/b/a Local Level.
All feedback, comments, requests for technical support and other communications relating to the Services or website should be directed to the Local Level Support Center at firstname.lastname@example.org.
Thank you for visiting our website.