Japan Terms

Proprietary Rights.
- The System, Software and all Documentation expressly remain the Intellectual Property of TicketSocket, and TicketSocket retains all right, title and interest in and to the same and all copies thereof. Any and all TicketSocket Marks used in connection with the licenses granted hereunder are and remain the exclusive property of TicketSocket. TicketSocket expressly reserves all rights in the System, Software, Documentation and TicketSocket Marks or otherwise, not specifically granted in this Agreement.
- During the Term, TicketSocket may use User’s Marks and any quotes attributable to User’s personnel in TicketSocket’s promotional materials regarding the System subject, in each instance, to User’s approval, not to be unreasonably withheld or delayed.
Representations and Warranties.
- User represents and warrants the following: (i) User is a duly authorized producer, promoter, presenter, provider, manager, reseller or representative of the Event(s), and takes all custody and responsibility with respect to the accuracy and legitimacy of the Event(s), Ticketing Transactions and related information; (ii) User has the authority and right to enter into this Agreement and fulfill its obligations hereunder and to offer, sell and honor the Ticketing Transactions for Event(s) on the System; (iii) the Event(s) and any other materials or content provided by User to the System is/are not pornographic, defamatory, racist, grossly offensive, harassing, malicious, or otherwise objectionable, and do not infringe or violate the rights of any person or entity, including, but not limited to, Intellectual Property rights, and rights of privacy and/or publicity; (iv) User has obtained any and all necessary approvals, permits and licenses from a government entity, parent corporation, or franchisor, or any other third party, before providing Patrons with access to tickets; (v) the Event(s) and Ticketing Transactions and all use by the User of the System, including interactions with Patrons (such as cancellation policies and through any collection of PII or any Personal Data) are made in full compliance with and do not and will not violate any Applicable Laws;(vi) User will at all times comply with and honor Ticketing Transactions; (vii) information (including PII or any Personal Data) on the System related to User’s use of the System (which shall include where User, Patrons or third parties upload information in relation to an Event or Ticketing Transaction related to User) or otherwise provided to TicketSocket to TicketSocket shall be complete and accurate.
- TicketSocket represents and warrants the following: (i) TicketSocket is owner of the System, Software, Documentation and all TicketSocket Marks, and to the knowledge of TicketSocket, none of the foregoing infringe or violate the Intellectual Property rights of any other person or entity; (ii) TicketSocket has the authority and right to license, provide and grant User the rights and access to, and permit User’s use of, the System, Software and Documentation as contemplated under this Agreement; (iii) the System, Software and Documentation may be used for their intended purpose as contemplated and provided in this Agreement.
- THE SYSTEM, SERVICES AND DOCUMENTATION ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND TICKETSOCKET MAKES NO OTHER WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED.
- TicketSocket makes no representation or warranty that the System will: (i) be uninterrupted, timely, secure, complete, accurate or free from defects, or (ii) operate in conjunction with hardware, operating systems, environments or software not specified or approved by TicketSocket, or that are incompatible with the current release or update of the System. TicketSocket does not commit to supporting or specifying any particular browsing or operating platform, and TicketSocket has the right at any time to revise and modify the System, and/or alter features, specifications, capabilities, functions, and other characteristics of the System, all without notice to User.
- User shall be solely responsible for its use of the System (which shall include where User, Patrons or third parties use the System in relation to an Event or Ticketing Transaction related to User) and User acknowledges and agrees that TicketSocket shall not be liable to User in respect of any errors or non-compliance with Applicable Laws in this regard.
- No oral or written information or advice given by TicketSocket, its dealers, agents or employees shall create a warranty of any kind.
Limitation of Liability. NEITHER PARTY SHALL BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY LOSS OF BUSINESS, PROFITS OR GOODWILL, LOSS OF USE OR DATA, LOSS OR CORRUPTION OF DATA, INTERRUPTION OF BUSINESS, OR FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, RELIANCE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM USER’S OR ANY THIRD PARTY’S USE OR INABILITY TO USE THE SYSTEM, AND NEITHER PARTY SHALL BE LIABLE FOR ANY THIRD PARTY HARDWARE, SOFTWARE, AND/OR SERVICES, HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, REGARDLESS OF WHETHER THE PARTY WITH THE ALLEGED LIABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES. NOTWITHSTANDING ANY PROVISION OF THIS AGREEMENT, TICKETSOCKET’S LIABILITY TO USER SHALL NOT, FOR ANY REASON, EXCEED THE AGGREGATED FEES COLLECTED BY TICKETSOCKET FROM USER OVER THE SIX (6) MONTHS IMMEDIATELY PRIOR TO THE EVENT GIVING RISE TO THE ALLEGED LIABILITY.
Indemnification.
- User shall defend, indemnify and hold harmless TicketSocket and its officers, directors, owners, agents, and employees (the “TS Indemnified Party”) from any and all third party claims, damages, injury, losses, costs and expenses (including the reasonable fees of attorneys and other professionals) (“Claims”) that may result or arise from: (i) User’s access, inability to access, and use of the System, except where such Claims are caused by a failure of the System or any component under TicketSocket’s actual control; (ii) any breach by User of any of the representations, warranties, obligations, terms, or conditions of this Agreement; (iii) the failure of User or its Patrons to comply with Applicable Laws; (iv) ticketing, venue or Event(s) matters including injury claims, or disputes concerning information offered in User’s Event(s) listings or otherwise included on the System; or (v) User’s use of Patron data, including without limitation, use of Patron data either in compliance with, or in contravention of, User’s own privacy policy (“User’s Privacy Policy”).
- TicketSocket shall defend, indemnify and hold harmless User and its officers, directors, owners, agents, and employees (the “User Indemnified Parties”) from any and all Claims that may result or arise from TicketSocket’s breach of any of the representations, warranties, obligations, terms, or conditions of this Agreement applicable to or made by TicketSocket.
- As the Parties intend complete indemnification, all costs and expenses of enforcing this provision also shall be reimbursed to the Indemnified Party respectively. When seeking indemnification, such Indemnified Party shall: 1) promptly notify the indemnifying Party in writing of the claim, suit, or proceeding for which indemnification is sought, 2) upon indemnifying Party’s request, permit the indemnifying Party to control the defense and settlement negotiations of the claim, suit or proceeding, 3) cooperate with the indemnifying Party as reasonably requested to assist in the defense and/or settlement of the claim, suit or proceeding, and 4) have the right to provide for its own separate defense at its own expense.
Patron Data; Security and Privacy.
- The Parties acknowledge as defined by the EU GDPR and similar Data Protection Laws (if and to the extent applicable), User is the Controller with respect to all Patron Personal Data it collects in using the System under this Agreement, and that TicketSocket is the Processor. In User’s capacity as the Data Controller, it has the sole and exclusive authority to determine the purposes and means of the Processing of all Patron Personal Data, which User is exercising through use of the System as provided by TicketSocket. If and to the extent European Data Subjects are to be offered services by User, the provisions of the TicketSocket EU/UK GDPR Addendum (“GDPR Addendum”) at https://ticketsocket.com/gdpr-dpa-22/ apply to this Agreement and are incorporated herein in full. TicketSocket reserves the right to amend the GDPR Addendum upon reasonable notice to User.
- User and TicketSocket acknowledge and agree that each Party is responsible for its compliance with applicable Data Protection Laws.
  - User represents and warrants that User is in compliance with the relevant provisions of applicable Data Protection Laws (including those relating to the User’s use of Patron Personal Data in connection with the Services), including but not limited to the laws applicable due to jurisdiction and/or location of User, Processor and/or the Patron.
  - User also warrants and represents that its contracts for services which are facilitated by the use of the System and/or Software do not include TicketSocket as a party, and that TicketSocket shall have no obligations or liabilities in relation to such contracts or User’s access to or use of data generated through User’s use of the System for Ticketing Transactions
- Only during such time and to the extent necessary to fulfill the below purposes, User agrees that TicketSocket may store and/or Process Patron Personal Data through the System under any Ticketing Transaction in order to provide, maintain, protect, improve or redevelop the System, and/or to protect TicketSocket, User, and Patrons. TicketSocket shall Process, store and protect such Patron Personal Data in compliance with TicketSocket’s published security and privacy policies, and Applicable Laws (including but not limited to Data Protection Laws).
- “De-Identified Data” shall mean any Patron Personal Data from which personal identification characteristics have been removed (which means it cannot be defined as Personal Data under Data Protection Laws), that may then be combined with other data for non-personal trends analysis. TicketSocket may Process Patron Personal Data to generate De-Identified Data. User hereby grants TicketSocket a limited, perpetual, irrevocable, nonexclusive, royalty-free, sublicensable and transferable license to copy, modify, distribute, sell, make available and otherwise use De-Identified Data for TicketSocket’s business purposes, including without limitation, improvements of the System.
- TicketSocket will use industry standard systems and procedures to ensure the security and privacy of Patron data; protect against anticipated threats or hazards to the security or integrity of Patron Data in the System; and to protect against unauthorized access to or use of Patron Personal Data. TicketSocket does not store any credit card or similar information within the System.
- TicketSocket will provide User with an account ID and password that allows User to add, modify, or update Event and other User data on the System. User agrees to be solely responsible for the confidentiality of User’s ID and password. To the extent of User’s knowledge, User agrees to notify TicketSocket immediately of any unauthorized use of User’s password, ID, or any other breach of security discovered by User.
Ticketing Confirmation. User agrees to accept, honor, and fulfill all ticketing commitments and other Ticketing Transactions that have been confirmed by the System. The System may provide a unique Patron number and Ticketing Transaction confirmation number by which User may identify each Patron and/or Ticketing Transaction.
System Availability. User understands and agrees that the System may, at times, be inaccessible or inoperable for any reason, including, but not limited to: (i) equipment or communications malfunctions; (ii) periodic maintenance, repairs, or administrative reviews that TicketSocket may undertake from time-to-time; or (iii) causes beyond TicketSocket’s control and/or that are not reasonably foreseeable by TicketSocket.
Technical Support. TicketSocket will provide an e-mail form to User by which User can obtain technical assistance in dealing with any difficulties which may arise in connection with User’s use of the System. Except as set forth in the SLA, TicketSocket will attempt to provide such support in a timely manner, but makes no guarantees that it will respond to User’s inquiries within a particular time period.
General.
- Governing Law; Exclusive Jurisdiction. This Agreement, and all the rights and duties of the Parties arising from or relating in any way to the subject matter of this Agreement or the transaction(s) contemplated by it, shall be governed by, construed and enforced in accordance with the law of the State of Delaware in the United States (excluding any conflict of laws provisions of the State of Delaware that would refer to and apply the substantive laws of another jurisdiction).
- Dispute Resolution. The Parties agree to attempt in good faith to resolve any controversy, claim, or dispute of any nature whatever arising out of, or relating to, this Agreement, or the breach, termination, enforceability, or validity of this Agreement(a “Dispute”) promptly by negotiation between executives or managers who have authority to settle the Dispute. If the foregoing informal resolution does not resolve the Dispute within thirty (30) days, the Parties hereto agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Any such arbitration shall proceed in accordance with the laws of the State of Delaware, but the venue of any such arbitration shall be held in New York City, New York, in the English language. Within ten (10) calendar days after the arbitration demand is served upon a Party, the Parties must jointly select an arbitrator with at least ten (10) years’ experience in that capacity, which must include substantial experience with disputes involving software and related services. If the Parties do not agree on an arbitrator within ten (10) calendar days, a Party may petition the AAA in order to appoint an arbitrator. The decision of the arbitrator shall be final and binding and no Party shall have rights of appeal. Each Party shall bear its own costs and fees in connection with the arbitration, however, the arbitrator shall have the power to order one Party to contribute to the reasonable costs and expenses of the other Party, or to pay all or any portion of the costs of the arbitration. This provision shall not limit either Party’s right to petition for interim judicial relief, such as an injunction, specific performance or similar relief.
- Independent Contractors. The Parties and their respective personnel are and shall be independent contractors and neither Party by virtue of this Agreement shall have any right, power or authority to act or create any obligation, express or implied, on behalf of the other Party.
- Notices. All notices, requests, consents, approvals, or authorizations in connection with this Agreement must be given in writing, and will be deemed given as of (i) the day they are delivered on paper by an internationally recognized express delivery service, (ii) the day they are delivered by fax transmission or e-mail Any notice given in connection with this Agreement shall be delivered to the addresses set forth in the preamble to this Agreement (for TicketSocket) or in the Registration Form (for the User), or to any other address as such Party may designate in writing. Either Party may change the address above by giving notice to the other Party pursuant to this Section.
- Force Majeure. Each Party shall be excused from performing any of its obligations hereunder, in whole or in part, as a result of delays caused by the other Party or a third party or by an act of God, war, riot, civil commotion, explosion, fire, failure of communications infrastructure, government action, court order, epidemic or other circumstance beyond its reasonable control. If any of the above-enumerated circumstances prevent, hinder or delay performance of either Party’s obligations hereunder for more than thirty (30) calendar days following written notice of the circumstance, the Party not prevented from performing shall have the right to terminate this Agreement without liability or penalty as of the date specified by such Party in a written notice of termination to the other Party.
- Binding Nature. Subject to all other provisions herein contained, this Agreement shall be binding on the Parties and their successors and permitted assigns.
- Assignment. User may not assign or otherwise transfer this Agreement, or any part hereof, nor delegate any of its duties hereunder, whether by operation of law or otherwise, to any third party or affiliate without the prior written consent of TicketSocket.
- Severability. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other part of this Agreement, but the Agreement shall be construed as not containing the particular provision or provisions held to be invalid or unenforceable.
- Waiver. No delay or omission by either Party hereto to exercise any right occurring upon any noncompliance or default by the other Party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the Parties hereto of any of the covenants, conditions or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
- No Construction Against Drafter. The Parties agree that any principle of construction or rule of law that provides that an agreement shall be construed against the drafter of the agreement in the event of any inconsistency or ambiguity in such agreement shall not apply to the terms and conditions of this Agreement.
- Entire Agreement; Modification. This Agreement sets forth the entire, final and exclusive agreement between the Parties as to the subject matter hereof and supersedes all prior and contemporaneous agreements, understandings, negotiations and discussions, whether oral or written, between the Parties. This Agreement may be modified only pursuant to a writing executed by authorized representatives of the Parties or other method made pursuant to this Agreement (including any modification that may be evidenced though an electronic acceptance process). The Parties expressly disclaim the right to claim the enforceability or effectiveness of: (a) any oral modifications to this Agreement; and (b) any other amendments that are based on course of dealing, waiver, reliance, estoppel or other similar legal theory. The Parties expressly disclaim the right to enforce any rule of law that is contrary to the terms of this Section.
- No Third Party Beneficiaries. Nothing in this Agreement shall create any rights in any third party beneficiaries, and neither Party has any obligation to any third party by virtue of this Agreement.
- Non-Solicitation. During the Term and for a period of twenty four (24) months after any termination or expiration of this Agreement, or for any shorter period which may be mandated by Applicable Law, User shall not directly or indirectly, engage in any business activity (whether as an employee, proprietor, officer, director, agent, trustee, or partner) that knowingly: (a) interferes with a third party’s existing or planned business with TicketSocket, or (b) interferes with, disrupts or attempts to disrupt any employment or contractual relationship between TicketSocket and a third party to the extent that User is aware of such relationship with TicketSocket. The Parties acknowledge that any breach of these provisions will cause immediate, irreparable and continuing damage to TicketSocket for which there is no adequate remedy at law. In the event of any breach or violation or threatened breach or violation of this non-solicitation provision, TicketSocket shall be entitled to temporary, preliminary and/or permanent injunctive relief and such other legal and equitable remedies as may be provided by applicable law, without the necessity of posting any bond or other security.
- Non-Competition. Without prejudice to TicketSocket’s Intellectual Property rights that are preserved in full for the duration of such rights, for a period of sixty (60) months after any termination or expiration of this Agreement, User shall not make any attempt to duplicate or emulate the functionality of the System or any of its data, programs, processes (including sequencing of such), services, tools, technologies, systems, trademarks or other Intellectual Property in an effort to compete directly or indirectly with TicketSocket or in an effort to aid any third party in competing directly or indirectly with TicketSocket.
- Headings. The paragraph headings of this Agreement are for convenience and shall be given no legal significance.
- Counterparts. This Agreement may be executed through electronic means and/or in one (1) or more duplicate originals, all of which together shall be deemed one and the same instrument.

Survival. Sections 1, 3, 5, 6.3, 7, 8, 9, 10, 11, 12, and 16 shall survive any termination or expiration of this Agreement.

*Cookie* *Name*			*Purpose*
	adroll adroll_fpc adroll_shared		These cookies are used to identify visitors across visits and devices. They are used by AdRoll.com to allow us to engage in real-time bidding for our advertisements so that we can present relevant advertising on third party sites.



		ar_v4	This cookie is associated with the DoubleClick advertising service from Google, and helps tracking conversion rates for ads.

_fbp			This cookie is used by Facebook to connect us to their advertisement products such as real time bidding for our advertisements so that we can present relevant advertising on Facebook.com.
cli_user_preference			The cookie is used to store the yes/no selection the consent given for cookie usage. It does not store any personal data.
viewed_cookie_policy			The viewed_cookie_policy cookie is set to “yes” when the Cookie law info bar has been viewed and accepted. The cookie is used to store whether or not you have consented to the use of cookies. It does not store any personal data.

Purpose/Activity	Type of Personal Data	Lawful basis for processing
To process your payment to purchase tickets from an Event Host	Credit/debit card details	Performance of a contract between you and Event Host
To register you as a new customer and to create and maintain your account	Name, email address, address, username, password, date of birth, and phone number	Performance of a contract between you and Event Host
To process and deliver your order for our Services including: (a) Manage payments, fees and charges; and (b) Collect and recover money owed to us	Name, email address, address, date of birth, phone number, credit/debit card details and transaction history.	Performance of a contract between you and Event Host Necessary for our legitimate interests (to recover debts due to us)
To manage our relationship with you which will include: (a) Notifying you about changes to our terms or Privacy Policy	Name, username, email address and transaction history.	Necessary to comply with a legal obligation Necessary for our legitimate interests (to keep our records updated and to

(b) Asking you to providefeedback		study how customers use our products/services)
To deal with any enquiries, correspondence, concerns or complaints you have raised	Name, username, email address, and information about the issue raised	Legitimate interests – to allow us to respond and deal with any queries, correspondence, concerns or complaints raised by you
To administer and protect our business and the Website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganisation or group restructuring exercise) Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Consent, when required Necessary for our legitimate interests in providing our website and promoting our business
To use data analytics to improve our Website, products/Services, marketing, customer relationships and experiences	Name, username, email address, standard web log entries that contain your IP address, page URL, browser plug-in types and versions, device information and identifier, operating system information, and timestamp	Necessary for our legitimate interests (to define types of customers for our products and Services, to keep our Website updated and relevant, to develop our business and to inform our marketing strategy)

Company

Support

Connect

PRIVACY AND COOKIES POLICY

This Privacy Policy is subject to the provisions of applicable data protection and privacy laws.

2. What Information Does TicketSocket Collect?

3. Why Is My Personal Data Being Collected?

4. How Do We Use the Information We Collect?

• Participating in Special Promotions.

5. What Are Your Choices Regarding Our Marketing Materials?

6. Do We Share Your Personal Data?

7. What Categories of Personal Data Do We Share?

8. Are There Other Ways My Personal Data Could Be Shared?

9. How Can You Access and Control Your Information?

10. How Do We Store and Protect Your Information?

11. Cookie Policy: How Do We Use Cookies And Other Network Technologies?

G. How To Manage Cookies

12. Collection of Information by Others

13. Children and Young People’s Information

14. California Privacy Rights; Virginia Privacy Rights

15. For EEA/Switzerland / UK Residents

16. Changes to this Policy

17. Our Contact Information