Organizers Terms of Use Agreement

ORGANIZERS TERMS OF USE AGREEMENT

Event Organizer agrees to all of the following The Mob’s Press terms and policies:

1. Organizer – Event Organizers, promoters, ticket sellers, venue representatives, or other authorized agents providing services or events for which tickets are sold are hereinafter referred to as “Organizer”. Organizers using The Mob’s Press event promotions and ticket selling services agree and understand these terms are a legal, binding, and enforceable agreement. Organizer agrees they are authorized to promote their events and sell tickets for these events. Fraudulent representation by a Organizer, or of event(s), is a criminal offense, which voids this agreement and allows The Mob’s Press to assist law enforcement in prosecuting any fraudulent use of The Mob’s Press ticket sales services, and will legally seek any and all compensation for damages due to fraudulent representation.

2. The Mob’s Press – The Mob’s Press is an independent company providing event promotions, event coverage and ticket selling for event Organizers and venues. The Mob’s Press is not affiliated with any event Organizers or others providing services or events for which tickets are purchased. The Mob’s Press is solely acting as an intermediary between Organizer and ticket purchasers for specific events. The Mob’s Press assumes no liability incidental to the event for which tickets are sold or purchased.

3. Scope of Agreement and Amendments – This agreement is limited to the individual event for which the Organizer is using The Mob’s Press event coverage and ticket sales services (with exception to terms in section 10 of this Agreement “Event Cancellation”, if it applies). The Mob’s Press reserves the right to change or modify the Organizer terms of use and agreement at any time for subsequent events.

4. Amendments – The Mob’s Press reserves the right to amend this agreement at any time.

5. Event Promotion and Advertising – This Agreement obligates The Mob’s Press to promote or advertise the event for which tickets are sold at least once in their social media rotation. However, Organizer acknowledges and understands it is Organizer’s sole responsibility to promote and/or advertise the event.

6. Ticket Pricing – For most events, The Mob’s Press provides Organizer with ticket sales services with no initial fees or start-up charges, unless specifically agreed upon. Ticket pricing is solely determined by Organizer. Organizer is exclusively responsible for all city, municipal, county, district, state and federal taxes.

**All Prices are in CAD and remain the same in USD.

Event Ticket Stock Site Fees Ticket Purchaser Fees  Organizer Gets
  0-499 tickets  3.9% + $1.00 3.9% + $1.00  Ticket Face Value
  500-1499 tickets  3.9% + $2.00 3.9% + $2.00 Ticket Face Value
  1499 and up tickets  3.9% + $3.00 3.9% + $3.00 Ticket Face Value

7. Ticket Purchaser Fees – Ticket purchasers will pay a service fee as defined on The Mob’s Press Ticket Outlet Page. The Organizer has the option to add this fee to the ticket or have the ticket purchaser eat the cost: http://www.themobspress.com/how-to-submit-your-event

8. Possible Additional Fees – Should Organizer choose, a third party entity may provide ticketing services through The Mob’s Press ticket processing system. In such an instance the third party may charge a handling fee to ticket purchaser, to be determined by agreement between Organizer, The Mob’s Press, and the third party. Likewise, a venue may charge a venue fee to ticket purchasers in an amount to be determined by Organizer, The Mob’s Press, and the Venue.

8.1 Taxes

Organizers are solely responsible for determining which, if any, sales, use, amusement, value added, consumption, excise and other taxes, duties, levies and charges (collectively, “Taxes”) apply to your use of the Services and you agree that it is your sole responsibility to, and that you will, collect, remit and report the correct amounts of all such Taxes to the applicable governmental authorities, even if The Mob’s Press provides you with tax tools or tax calculators that assist you in doing so.

The Mob’s Press does not represent, warrant or guarantee that any tax tools or tax calculators provided to you will meet all tax requirements that may be applicable to you or that such tax tools or tax calculators will result in your collection or remittance of all applicable Taxes, which Taxes may vary based on the nature of your event, the nature of your tax status (individual, entity, business, consumer, etc.), your location, the location of your Attendees, credits and deductions for which you may qualify and other factors, and you hereby release The Mob’s Press of any and all liability with respect to your use of the tax tools and/or tax calculators. None of such tax tools or tax calculators should be considered legal or tax advice.

If you do collect Taxes on the Services, those Taxes will be treated like Event Registration Fees and The Mob’s Press will pay such amounts to you at the same time as the underlying Processing Fee and the Service Fees. If you use any tax tools or tax calculators that require you to input a tax registration number, you represent and warrant that such tax registration number is true and correct. The Mob’s Press cannot give you legal or tax advice, so please be sure to check with your own tax advisor about any applicable Taxes. In the event that a governmental authority requires The Mob’s Press to pay any Taxes attributable to your use of the Services, you agree to promptly and fully reimburse The Mob’s Press for such Taxes upon demand and all costs, penalties, interest and expenses related thereto.

The Mob’s Press collects taxes on site fees as is required by law.

9. Ticket Availability and Over Sale Charges – Organizer is solely responsible for setting the number of tickets available for purchase for each event. Organizer agrees that the number of tickets for sale is within the legal fire regulations and venue capacity limitations as set forth by the city, municipality, county, district, state, and/or federal codes and/or laws. If over sales of tickets occur, Organizer agrees the full ticket price, plus any and all The Mob’s Press services fees, will be refunded to ticket purchasers holding unused tickets. Organizer further agrees that Organizer will pay The Mob’s Press for the full ticket price and refunded service fees for tickets that are refunded due to over sale.

10. Event Cancellation – Organizer agrees to notify The Mob’s Press immediately after the decision to cancel an event is made. The Mob’s Press will not refund any service fees to the ticket buyers. Organizer agrees that if an event is canceled and full refunds are issued to ticket buyers, The Mob’s Press is not obliged to repay the Organizer any service fees, any and all service fees originally charged to the ticket buyer, and additional costs, including but not limited to, credit card chargeback fees related to refunding tickets. Organizer may offer replacement tickets for the similar event(s) in place of a refund for the canceled event, however, ticket purchaser is not obligated to accept replacement tickets in the place of a full refund.

11. Rescheduled Events – Organizer agrees refunds will be given to ticket purchasers for rescheduled events at the ticket purchaser’s request. Should a ticket purchaser request a refund due to a rescheduled event, Organizer agrees to pay the ticket purchaser for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to any and all credit card chargeback fees related to refunding tickets due to rescheduled events.

12. Change of Event Venue or Change of Event – Should the listed event venue change for any reason, Organizer agrees that refunds will be given to ticket purchasers at the ticket purchaser’s request. Additionally, should there be a change in the event, Organizer agrees that refunds will be given to ticket purchasers at ticket purchaser’s request. Should a ticket purchaser request a refund due to an event venue change or event change, Organizer agrees to pay the ticket purchaser for any and all service fees originally charged to the ticket buyer, and costs, including but not limited to, any and all credit card chargeback fees related to refunding tickets due to a change in the event venue or the change in the event.

13. Ticket Refund Policy – Organizer has full responsibility in refunding the Ticket Purchaser their ticket cost. They have the option to specify in their event description their refund policy or must abide by The Mob’s Press refund policy. No processing fees will be refunded to the organizer

14. Account Settlement & Fees

a. Ticket Sales Processed Through Paypal

All payments will be for the face value of tickets sold, minus any service fees or costs to Organizer for ticket over sales (see Ticket Availability and Over Sale Charges terms above), canceled events, rescheduled events, or replacement ticket fees (see Event Cancellation and Rescheduled Event terms above).

Organizer Merchant Account: All ticket fees will be deposited directly in The Mob’s Press Paypal Merchant Account and then ticket price value will be deposited in the Organizer’s Paypal account minus the Paypal Processing Fee (2.9% + $0.30). The Mob’s Press charges a standard 3.9% Processing Fee and $1.00 – $3.00 Service Fee. This amount is not refundable.

15. Event Listings – Organizers may choose to use The Mob’s Press on-site Event Listings features to promote their event. Organizer takes full responsibility for use of Organizer’s event listings ticket sales. The Mob’s Press is in no way responsible for promoting Organizer’s events unless they have purchased other event coverage services.

At times, ticket purchasers may believe they purchased tickets for an event, but the order was not processed or there was an error. The Mob’s Press will provide Organizer with all information needed to make sure that the order was processed and received. the Organizer will have to send the information of the ticket buyer in order for this issue to find a resolution.

16. Indemnification and Hold Harmless

a. At its own expense, Organizer agrees, acknowledges, and understands it will indemnify and hold harmless The Mob’s Press, its officers, agents, employees and assigns, from and against all claims, demands, losses, costs, penalties, damages, judgments and suits at law or in equity, of whatsoever nature (hereafter “actions”), brought against The Mob’s Press arising from, in connection with, or incident to the performance of, or failure to perform the provisions of this Agreement by Organizer, its officers, agents, employees or assigns. Organizer further agrees to defend The Mob’s Press in any litigation, including payment of any costs or attorney’s fees, for any claims or action commenced thereon arising out of or in connection with such acts or activities authorized by this Agreement.

b. The above indemnity obligation shall not include such claims, costs damages or expenses that may be caused by the sole responsibility of The Mob’s Press. Additionally, if the claims or damages are caused by or the result from the concurrent negligence of (a) Organizer, its officers, agents, employees or assigns and (b) The Mob’s Press, its officers, agents, employees or assigns, this indemnity provision shall be valid and enforceable only to the extent of the negligence of Organizer and that of its officers, agents, employees or assigns.

17. Severability – If any term or provision of this Agreement or the application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and shall continue in full force and effect.

18. Limitation of Liability – Organizer understands and agrees that The Mob’s Press shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses (even if The Mob’s Press has been advised of the possibility of such damages). Some jurisdictions do not allow the exclusion of the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In no event will The Mob’s Press’ total cumulative damages exceed CDN$100.00.

19. Disclaimer of Warranties – Organizer understands and agrees that The Mob’s Press ticketing service is provided on an “as is” and “as available” basis, and that The Mob’s Press assumes no responsibility for the timeliness, deletion, failure to store, or retention of any user communications or personalization settings. The Mob’s Press will not be liable for failure to perform any obligation under this Agreement if such failure is caused by Internet outages or delays, unauthorized access (hacking), earthquakes, communications outages, fire, flood, war, an act of God, or the occurrence of any other unforeseen contingency beyond the reasonable, control of The Mob’s Press.

20. Prohibited Merchants; Prohibited Events; Prohibited Transactions.

20.1 Prohibited Merchants.

By registering for the Services and accepting this Merchant Agreement, you represent and warrant that:

If you fail to comply with any terms of service, The Mob’s Press in its discretion may deem you a “Prohibited Merchant” and suspend all services, events and sign in privileges and forfit any funds collected.

20.2 Prohibited Events.

You may not post events to the Services that:

(a) violate or facilitate the violation of any applicable local, state, provincial, national or other law, rule or regulation;

(b) would be prohibited under the Payment Scheme Rules;

(c) take place in Restricted Countries; and

(d) contain any Content (as defined in the Terms of Use) that would violate the Terms of Use, including without limitation Section 8.1 of the Terms of Use.

Any event that falls into any of the categories set forth above, as determined by The Mob’s Press in its discretion, is a “Prohibited Event.”

20.3 Prohibited Transactions.

You may not use EPP to process any of the following transactions and you represent and warrant that you will not submit for processing through the Services:

(a) any transaction that would violate the Payment Scheme Rules;

(b) any transaction that is fraudulent or criminal in nature;

(c) any transaction that would constitute a “restricted transaction” as defined in the Unlawful Gambling Enforcement Act of 2006 or Regulation GG; and

(d) any transaction that would constitute sending money to another party other than for the purchase of bona fide tickets or registrations to, or solicitation of a donation for, events, or sale of items related to such events.

Any transaction that falls into any of the categories set forth above, as determined by The Mob’s Press in its discretion, is a “Prohibited Transaction.”

20.4 Remedies.

In the event that The Mob’s Press discovers that you are a Prohibited Merchant, that you have posted a Prohibited Event and/or that you have attempted to process  a Prohibited Transaction, then The Mob’s Press may take any or all of the following actions in its discretion in addition to any and all remedies that The Mob’s Press may have under the law or elsewhere in the Terms of Service:

(a) suspend or terminate your The Mob’s Press account;

(b) alter, edit, or remove any Prohibited Event or any portion thereof;

(c) block, reverse or refund any or all of your transactions;

(d) hold any and all funds associated with your account to the extent required by applicable local, state, provincial, national or other law, rule, regulation, judgment or order; and

(e) refer you, your events and/or your transactions and information relating to the same to our Payment Processing Partners, the Card Schemes, the Alternative Form of Payment Frameworks and/or applicable law enforcement agencies for further action.

21. Ownership of Intellectual Property – Organizer agrees not to post material that Organizer does not have an ownership right of patent, copyright, and/or other intellectual property right to. The Mob’s Press reserves the right to remove any content from an event page or custom Organizer page that may infringe on the intellectual property rights of a third party.

22. Disputes

a. If a dispute arises out of or relates to this contract or the breach thereof, and if said dispute or breach cannot be settled through negotiation, the parties agree first to try in good faith to settle the dispute by mediation under the Commercial Mediation Rules of the Canadian Arbitration Association, before resorting to arbitration.

b. Any dispute arising out of or relating to these terms and conditions, or the breach thereof, that cannot be resolved by mediation within 30 days shall be finally resolved by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitration will be conducted in the English language in the City of Toronto, Ontario, Canada, in accordance with the Canadian Arbitration Act. There will be one independent arbitrator, named in accordance with such rules. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. The arbitrator shall decide the dispute in accordance with the substantive law of the Province of Ontario in Canada.

c. Governing Law and Venue – The parties agree that any dispute will be governed by the laws and codes of the Province of Ontario in Canada. The parties further agree that in the event any legal action is instituted, mediation, arbitration, or any other legal action, by either party, jurisdiction and venue will be in the City of Toronto, Ontario, Canada, and/or in the federal Western District of Province of Ontario in Canada.

23. Entire Agreement – This Agreement, together with all attachments hereto, constitutes the entire agreement between the parties. There are no terms, obligations, covenants or conditions other than those contained herein. No modification or amendment of this Agreement shall be valid and effective unless evidenced by an agreement in writing.

24. Termination

In addition to our right to terminate your use of the Services under the Terms of Use, The Mob’s Press may terminate this Merchant Agreement and your right to use the Services to create, promote and collect sales proceeds for a paid event (a) if you are in violation or breach of any provision of this Merchant Agreement; or (b) if our Payment Processing Partners and/or the Card Schemes or Alternative Form of Payment Frameworks terminate our right to provide the EPP Service or your right to accept payments via the EPP Service in their sole discretion.

23. Effective Date – These terms, conditions and policies are effective as of September 1st, 2016.