Accepting These Terms
1.1 What's What.
ShakeSphere's products, features and offerings are available (a) online through various ShakeSphere properties including without limitation, SoldOutt, ;(b) off platform, including without limitation, entry management, marketing or distribution services; and (c) through mobile applications, webpages, application programming interfaces, and subdomains ("Applications"). (a), (b), and (c) are collectively referred to as "ShakeSphere Properties" or our "Services". These Terms apply to any Site(s) on which they are posted; where other terms or agreements are instead posted, those terms or agreements apply to the extent they conflict with these Terms. The material, including without limitation information, data, text, editorial content, design elements, look and feel, formatting, graphics, images, photographs, videos, music, sounds and other content contained in or delivered via the Services or otherwise made available by SoldOutt in connection with the Services is the "Site Content" (or "Content"). Any material (including the foregoing categories) that you contribute, provide, post or make available using the Services is "Your Content."
1.2 Who's Who.
When these Terms use the term "Seller," we mean event creators or product owner listing products and services using the Services to create events or product offering displayed on the Services for consumers using our Services (a) to consume information about or attend Events ("Consumers"), (b) buy products or vouchers, (C) Fund raising campaigns or (d) for any other reason. Sellers, Consumers and third parties using our Services are all referred to in these Terms collectively as "Users," "you" or "your."
When these Terms use the term "ShakeSphere," "we," "us," or "our," that refers to ShakeSphere Co., Ltd. and each of its and their respective officers, directors, agents, partners and employees.
1.3 What the "Terms of Service" Means. These Terms of Service and the other documents referenced in the comprise ShakeSphere's "Terms." These Terms are a legally binding agreement between you and ShakeSphere governing your access to and use of the Services and setting out your rights and responsibilities when you use the Services. By using any of our Services (including browsing a Site), you are agreeing to these Terms. If you do not agree to these Terms, please do not use or access the Services. If you will be using the Services on behalf of an entity (such as on behalf of your employer), you agree to these Terms on behalf of that entity and its affiliates and you represent that you have the authority to do so. In such case, "you" and "your" will refer to that entity as well as yourself.
2. ShakeSphere's Services and Role
2.1 What We Do. ShakeSphere's Services provide a platform for Sellers to create speaker profiles, organizer profiles, and other webpages related to their events, promote those pages and events to visitors or browsers on the Services or elsewhere online, manage online or onsite ticketing and registration, solicit donations, and sell or reserve merchandise or accommodations related to those events, including but not limited to other general products or voucher deals, fund raising campaign to Consumers or other Users. Descriptions of other and more specific services can generally be found on the Site of each of the ShakeSphere Properties.
2.2 How We Fit In. ShakeSphere is not the creator, organizer or owner of the events, products, vouchers and fund raising campaign listed on the Services. Rather, ShakeSphere provides its Services, which allow Sellers to manage ticketing and registration and promote their events, products and vouchers. The Seller is solely responsible for ensuring that any event page, product, voucher, fund raising campaign displaying on the Services (and the event itself) meet all applicable local, state, provincial, national and other laws, rules and regulations, and that the goods and services described on the event page, including products or vouchers are delivered as described and in an accurate satisfactory manner, including but not limited to the product quality, delivery time, product claim. The Seller of a paid event, product, voucher, fundraising campaign selects the payment processing method for its event i.e. bank transfer including without limitation, credit cards. Consumers must use whatever payment processing method the Seller selects. If the Seller selects a payment processing method that uses a third party to process the payment, then neither ShakeSphere nor any of its payment processing partners processes the transaction but we transmit the Consumer's payment details to the Seller's designated payment provider. ShakeSphere acts as the Seller's limited agent solely for the purpose of using our third party payment service providers to collect payments made by Consumers on the Services and passing such payments to the Seller.
Privacy and Consumer Information
3.2 If you are a Seller, you represent, warrant and agree that (a) you will at all times comply with all applicable local, state, provincial, national and other laws, rules and regulations with respect to information you collect from (or receive about) Consumers, and (b) you will at all times comply with any applicable policies posted on the Services with respect to information you collect from (or receive about) Consumers.
4. Term; Termination
4.1 These Terms apply to you as soon as you access the Services by any means and continue in effect until they are terminated. There may come a time where either you or ShakeSphere decides it's best to part ways as described in Sections 4.2 or 4.3 below. When that happens, these Terms will generally no longer apply. However, as described in Section 4.4, certain provisions will always remain applicable to both you and ShakeSphere.
4.2 ShakeSphere may terminate your right to use the Services at any time (a) if you violate or breach these Terms; (b) if you misuse or abuse the Services, or use the Services in a way not intended or permitted by ShakeSphere; or (c) if allowing you to access and use the Services would violate any applicable local, state, provincial, national and other laws, rules and regulations or would expose ShakeSphere to legal liability.
4.3 Except to the extent you have agreed otherwise in a separate written agreement between you and ShakeSphere, you may terminate your access to the Services and the general applicability of Terms by deleting your account. If there is a separate agreement between you and ShakeSphere governing your use of the Services and that agreement terminates or expires, these Terms (as unmodified by such agreement) will govern your use of the Services after such termination or expiration.
4.4 All provisions of these Terms that by their nature should survive termination of these Terms will survive (including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranties, agreements to arbitrate, choices of law and judicial forum and intellectual property protections and licenses).