Terms and conditions - TixPls.com

Effective Date: 08/05/2021

Welcome and thank you for choosing TixPls.com. The following Terms, together with our Privacy Policy, govern your access to and use of TixPls.com. Whether as a guest or a registered user, either through and on online applications or by our mobile services and website, including any of our Company’s mobile application, and any software provided by or on behalf of our Company or in connection with such services or website, including any content, functionality, and services offered on or through our TixPls.com. 

What do we do? TixPls.com exists to provide a platform or marketplace for attraction and event hosts to sell tickets to the general public. Often, these tickets are at a discounted price when compared to other publicly available options. TixPls.com does not independently evaluate any attraction or event. All statements pertaining to the attraction or event are the sole responsibility of the event/attraction owner or host. 

Acceptance of these Terms. By your use of TixPls.com, you are in acceptance of the Terms and Conditions contained hereinafter. If you do not accept these Terms then please do not use our platform. 

Notice Regarding Future Changes to Terms. TixPls.com reserves the right, in its sole discretion, to modify these Terms and any other documents incorporated by reference herein, at any time and will post its updated Terms on our Platform, sending users a message or otherwise notify you when you are logged into your account. Your use of TixPls.com shall indicate to our Company that you are in consent to these Term revisions. If you do not agree with these revisions, you may not access or use TixPls.com.

COVID – 19 Warning. This is an inherent risk of exposure to COVID – 19 in any place where one gathers. By using TixPls.com, you assume all risks, hazards and dangers arising from or relating in any way to the risk of contracting communicable diseases or illness. By using TixPls.com, you are waiving any right and all claims and potential claims against TixPls.com whether that exposure occurs before, during or after any event or attraction attended using tickets purchased on TixPls.com, regardless of how caused or contracted. 

  1. Transaction Currency. All prices displayed on the site or any transaction taking place on TixPls.com shall be in U.S. Dollars (USD). 
  2. Return/Refund Requests. All sales are final. There are no refunds, exchanges or returns of any tickets purchased on TixPls.com. 
  3. Stripe/Merchant Services. As of the effective date of these terms and conditions, TixPls.com utilizes the services of Stripe.com for all transactions taking place on the site. You can find all terms and conditions associated with Stripe here: https://stripe.com/checkout/legal
    • You agree and acknowledge that TixPls.com cannot be held liable for any data breach, malfunction or other damage caused specifically and solely by Stripe.com, and that by agreeing to the terms and conditions contained herein, you are also agreeing to any and all terms and conditions of Stripe.com.
  4. Promotions. TixPls.com or specific sellers of tickets on the platform may, from time to time, offer promotions or deals on their tickets. Each promotion or deal may be subject to additional limitations or restrictions. These may include, but are not limited to; a restriction on the number of tickets that can be purchased, a time domain when the tickets must be used/redeemed, or a specific residency requirement which may require “on site” verification. It is your responsibility to read and understand these additional terms and conditions prior to completing your purchase. 
  5. Security. TixPls.com undergoes routine security evaluations with its related suppliers of various services required to operate the site. These services include, but are not necessarily limited to; hosting, ssl certificates, merchant services, etc. In the event that a data breach occurs at TixPls.com, or one of its service providers, you will be notified as soon as reasonably possible after the breach has been identified and resolved. 
  6. Account Registration. You may browse and purchase from TixPls.com without registering for an account. You may be required to register for an account to obtain certain features on TixPls.com such as, reserving or purchasing a ticket. Your account username may not include the name of another person with the intent to impersonate that person, or be offensive, vulgar or obscene. Your account and username are personal to you therefore you will be responsible for the confidentiality and use of your username and password, and for all activities that are conducted through your account. You are not permitted to transfer or sell access to your account. It is your responsibility to notify TixPls.com if you discover any unauthorized use of your account or other account – related security breach. TixPls.com may refuse registration, cancel an account or deny access to TixPls.com for any reason. 
  7. Code of Conduct. By use of TixPls.com, you are agreeing to comply with all applicable laws, rules and regulations. Furthermore, you are agreeing that you will not:
    • Take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful Content to or through our Platform, including Content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offense, or conduct that would give rise to civil liability or violate any law.
    • Impersonate any person or entity, whether actual or fictitious, including any employee or representative with TixPls.com.
    • Express or imply that any statements you make are endorsed by TixPls.com, without our prior written consent. 
    • Engage in spamming or flooding. 
    • Harvest or collect information on any site users. 
    • Disobey any of the rules or regulations established by any venue. 
    • Disobey any local, state, federal or international laws, ordinances and regulations. 
  14. Ownership of Content. TixPls.com and all data, text, designs, ages, print screens, images, artwork, photographs, audio and video clips as well as HTML code, source code or software that reside or are viewable or accessible through TixPls.com are owned by TixPls.com or our licensors. TixPls.com owns a copyright and other intellectual property.
  15. Making Purchases. Once you have identified the ticket(s) you would like to purchase, you will need to select the ticket(s) and add it to your cart order. Once you are ready to check out, you will be directed through the checkout process where you will need to enter your name, address and provide any applicable payment information as requested from TixPls.com. You will also be able to review the ticket(s) 
  16. Claims of Copyright Infringement on the Site. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by our Company infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow our Company to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send our Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices, counter – notices and false claims with respect to Our Platform should be sent in writing to TixPls.com, ATTN: General Counsel, 2740 US 1 South, St. Augustine, FL 32086.
  17. Links. TixPls.com contains links to other websites that may not be owned or operated by TixPls.com. This does not indicate any approval or endorsement of these websites as these may not be websites owned by us. TixPls.com is not responsible for any content on these websites or the applicable terms and policies for these websites. It is at your discretion that these other websites are viewed. 
  18. Parental Controls. It is not the responsibility of TixPls.com to monitor minors from visiting and using our Platform. TixPls.com must rely on parents and guardians to decide and monitor what materials are appropriate for children to view and purchase. There are parental control protections that can be used to assist you in limiting the access of certain content to children however it is not the responsibility of TixPls.com to assist in this. 
  19. Access from Outside the United States. TixPls.com is directed for use of individuals residing in the United States. We do not do not represent that any content available on TixPls.com is appropriate or available in other locations. TixPls.com may limit the availability of use to any person or geographic area at any time. If you choose decide
  20. Mobile Messaging. TixPls.com offers currently, or may offer in the future browsing and mobile messaging services which may include, but not be limited to: alerts, promotions, and special offers. Mobile messaging is an optional service. If you decide to sign up for mobile messaging, you are authorizing TixPls.com to send messages to the mobile number you have provided. 

Please understand that when signing up for mobile messaging, message and data rates may apply, according to your rate plan provided by your wireless carrier. TixPls.com is not responsible for any messaging charges incurred. You may opt out of TixPls.com mobile messaging at any time.

By signing up for mobile messaging, you are authorizing your wireless carrier to disclose information about your TixPls.com account. This information may also be shared with other service providers to support identity verification and fraud prevention.

  1. Violation of the Terms. TixPls.com will investigate any violation of these terms, including unauthorized use of TixPls.com. We may provide law enforcement with any and all information you provide to TixPls.com related to your transactions and/or site usage to assist in any investigation or prosecution of you. BY your use of TixPls.com, you are agreeing that monetary damages may not always provide us a sufficient remedy, and that we may pursue injunction or other relief for your violation of these terms. If TixPls.com determines that you have violated these terms, we may cancel your account, delete all your User Content and prevent you from accessing TixPls.com. 
  2. Disclaimer of Warranties. YOUR USE OF OUR PLATFORM AND ITS CONTENT SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT OUR COMPANY DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR OR REVIEW USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION, BACKGROUND (INCLUDING CRIMINAL BACKGROUND) OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING BUT NOT LIMITED TO SERVICE MEMEBERS AND CUSTOMER MEMBERS. OUR PLATFORM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OUR COMPANY AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON – INFRINGEMENT; ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF OR IN TRADE; ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES IN CONNECTION WITH OUR PLATFORM AND ANY WARRANTIES RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON OUR PLATFORM, INCLUDING WITHOUT LIMITATION ALL COLLECTIVE CONTENT. OUR COMPANY MAKES NO WARRANTY THAT OUR PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OUR COMPANY ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO OR USE OF OUR PLATFORM. OUR COMPANY SHALL NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY DATA, INFORMATION, MATERIALS, SUBSTANCE, OR COLLECTIVE CONTENT POSTED, TRANSMITTED, OR MADE AVAILABLE VIA THE PLATFORM. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OUR COMPANY OR THROUGH OUR PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF OUR PLATFORM AND WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF OUR PLATFORM, INCLUDING BUT NOT LIMITED TO ANY CUSTOMER MEMBERS, SERVICE MEMBERS OR SERVICE RECIPIENTS. YOU UNDERSTAND THAT OUR COMPANY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF OUR PLATFORM. OUR COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF OUR PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT WITH AS A RESULT OF YOUR USE OF OUR PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON AND GIVE OR RECEIVE SERVICES. OUR COMPANY EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES.

  1. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL OUR COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD – PARTY LICESNORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON OUR PLATFORM. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF OUR COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR PLATFORM, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON OUR PLATFORM. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF OUR COMPANY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID OUR COMPANY TO USE THE SITE.

Without limiting the foregoing, under no circumstances shall our Company or its affiliates, or their third – party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including but not limited to the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss., fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of our Company.

  1. Indemnification. By your use of our Platform, you agree to release, defend, indemnify, and hold our Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) you violation of these Terms; (b) your User Content; (c) your interaction with any Member or user; and (d) the request or receipt or offer or provision of our Platform services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with our Platform services. 

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold our Company and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third – party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms. 

  1. Mandatory Arbitration Agreement & Class Action Waiver. By using our Platform and in return for the services offered by our Company, you acknowledge that our Company can only offer you these services under the Terms as presented herein. As partial consideration for your use of our Platform and these services, you agree not to sue our Company as a class plaintiff or class representative, join as a class member, or participate as an adverse part in any way in a class – action lawsuit against our Company regarding your use of our Platform. Additionally, if you do not agree to any part of these Terms, do not continue your use of our Platform. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to the terms of this Agreement.
  2. Waiver of Severability. No waiver by our Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such terms or condition or a waiver of any other term or condition, and any failure of our Company to assert a right or provision under these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
  3. Choice of Law. In the event of any legal proceeding arising out of these terms and conditions, the laws in and for the state of Florida shall govern. 
  4. Questions. If you have any questions, comments or complaints regarding these terms or TixPls.com, please contact us at:

TixPls.com

Attn: General Counsel

2740 US Highway 1 South

St. Augustine, FL 32086

support@benaur.com