Effective Date: July 30, 2018
WELCOME TO AMPLIFY SELL BY TEXT! WE ARE OWNED AND OPERATED BY IQX CORP.
These Terms are a legal and binding agreement between iQX Corp. (“iQX” “our” and “we”) and you (also referred to as “your”) that governs the iQX Amplify Sell By Text for Eventbrite services (Eventbrite also referred to as the “Ticketing Platform”), either through the Ticketing Platform integration of Amplify Sell By Text (the “Application”) or made available through other services provided by iQX to you (collectively, “Amplify Sell By Text” or the “Services”).
BY USING THE SERVICES, YOU AGREE TO NOT TEXT WHILE DRIVING ANY VEHICLE.
When you access, browse, or use our Services, information will be collected, transferred, processed, stored, and disclosed in accordance with our Terms. These Terms govern the information collection and disclosure practices for the Services.
When you opt-in to receive text marketing and sales messages from us, you are agreeing to receive recurring marketing messages from time to time through an automated telephone dialing system. These marketing messages may include offers to purchase tickets to live events and experiences, to purchase merchandise and/or other offers from third parties.
IF YOU DO NOT AGREE WITH THE TERMS, PLEASE DO NOT USE OUR SOFTWARE OR SERVICES.
(a) You acknowledge that Amplify and Amplify Sell by Text names, logos, trademarks, patents, copyrights, software, platforms, APIs, documents, manuals, specifications, methods, functionalities, tools, procedures, algorithms, data, technical data, materials, tools, contents, trade secrets, design rights, databases, compilations, technology, products, services and all related creations, in each case whether registered or unregistered (the “Amplify Creations”), and related goodwill, are the exclusive property of iQX.
Moreover, you acknowledge that the content on our Services included in Offers from our Organizers, including without limitation, any text, software, graphics, photos, sounds, music, videos, interactive features and any trademarks, service marks and logos, contained therein (collectively “Organizer Materials”) are owned or licensed to us, subject to copyright, trademark and other intellectual property rights under the United States and foreign laws and international conventions. The Organizer Materials shall also be considered Amplify Creations.
(b) You must not reverse engineer, decompile, decipher, disassemble or otherwise attempt to access source code of the Services, except and only to the extent that applicable law expressly permits, despite this limitation;
(c) You must not download, copy, resell, distribute, exploit, develop or create other developments based on the Services or any Amplify Creations, neither in whole or in part, without the express and written permission from iQX;
(d) You must not rent, lease, lend, sell, sublicense, assign, distribute, publish, perform, display, broadcast, transfer, exploit, or otherwise make available the Services or any features or functionality of the Services or any Amplify Creations to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
(e) You must not modify or make any derivative works of the Services, in whole or in part;
(f) You must not remove any proprietary notices or labels on the Services or the Amplify Creations or any copy thereof;
(g) You must not use the Services in, or in association with, the operation of any hazardous environments or systems, including any aircraft navigation or communication systems, air traffic control systems or any other transport management systems; safety-critical applications, including medical or life-support systems, vehicle operation applications or any police, fire or other safety response systems; and military or aerospace applications, weapons systems or environments;
(h) You must not attempt to interfere, with the proper functioning of the Services or use it, as a platform for external applications; to develop applications, services, websites; or any other functionalities that leverage the Services or any portion thereof;
(i) You must not make any use of the Services in any manner not permitted by these Terms or documentation provided by iQX related to the Services; and
(j) You must use the Services in compliance with all applicable laws.
(a) STANDARD TEXT MESSAGING RATES APPLY. Additionally, for paid tickets, we will charge customers a fee of 3%, with a minimum of $0.99 and a maximum of $2.50, for each ticket sold through iQX Amplify (“Service Fees”). For free tickets, we do not charge the Service Fee;
(b) All fees, prices, discounts, and promotions are subject to change without notice. The price charged for a fee, product or service will be the price in effect at the time the order is placed. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes (if applicable). We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrence;
(c) We may offer from time to time promotions that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
(a) Amplify Sell By Text integrates through an on-platform extension available within the Organizer’s profile in their Ticketing Platform Account. Please be informed that Ticketing Platform’s terms of service apply.
(b) Organizers are solely responsible for all of Organizer’s Materials that are uploaded, posted, emailed, transmitted, shared, or otherwise disseminated using, or in connection with, the Services and their accounts. iQX does not claim ownership of any Content. iQX is under no obligation to enable the transmission of Content through the Services and may, in its discretion, edit, block, refuse to post, or remove Content at any time. iQX does not represent or warrant that the Content does not infringe the rights of any third party or violate any agreement with or policy of iQX or any applicable law. If iQX suspects violations of the foregoing, iQX may institute legal action and cooperate with law enforcement authorities in bringing legal proceedings against violators;
(c) Organizers may use the Services to create and send marketing campaigns and facilitate sales directly through Multimedia Messaging Service (MMS) and Short Message Service (SMS) text messages to You, once you have subscribed to our Services (“Our Subscribers”). Use of the Services may be governed by various local, state, or federal law and regulation, including CAN SPAM Act of 2003, the Telephone Consumer Protection Act, the Cellular Telephone Industries Association requirements, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction and under any other applicable laws). iQX may in its sole discretion limit your use of the Services or implement features to assist with legal compliance, but you are solely responsible for your use of the Services and compliance with all applicable rules, regulations, and laws. By using Amplify Sell By Text, you further understand that neither iQX or the Ticketing Platform are responsible for, and make no representations about, your compliance or the Organizer’s compliance with any State or Federal consumer protection surrounding the use of text messaging or automated telephone dialing systems;
(d) By using or subscribing to our Services, you are expressly permitting us to send MMS and/or SMS marketing messages to You from time to time to enrich the user experience of Our Subscribers. You acknowledge and accept that SMS/MMS marketing messages we send to You may include Organizer Materials, may include content from other Ticketing Platform Account holders, and may also include marketing and/or advertising content that is not directly related to Organizer Materials, and;
(e) You may purchase tickets directly through the Services. When you do so, your encounter with the Services will direct You to a Services purchase path that is integrated to a Services shopping cart to check out and complete your ticket purchase. Ticket purchase payments for sales through the Services will be processed by the Ticketing Platform’s Payment Processing Service while acting as the Organizer’s limited agent solely for the purpose of using its third-party payment providers to collect payments made by You on the Ticketing Platform services with respect to an event and passing such payments through to the Organizer in the manner agreed upon between the Organizer and the Ticketing Platform. The Organizer is solely responsible for fulfilling all sales associated with their Account and their Ticketing Platform Account and handling all requests from You (including returns, refunds, etc.) that are made through Amplify Sell By Text;
(g) Fees for the provision of the Services will be processed through iQX Amplify’s payment processing service. iQX will not refund the Service Fee it has processed for any Ticketing Platform paid ticket refund you initiate in relation to any tickets sold through Amplify Sell By Text;
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,iQX DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES, INCLUDING ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES AND CONDITIONS. IN PARTICULAR, iQX HEREBY DISCLAIMS ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT AND DOES NOT MAKE ANY WARRANTY OR CLAIM THAT THE SERVICES WILL BE AVAILABLE OR PROVIDED ON AN UNINTERRUPTED, TIMELY, OR SECURE BASIS; WILL BE ACCURATE, COMPLETE, RELIABLE, OR FUNCTION PROPERLY; MEET YOUR REQUIREMENTS; BE ERROR FREE OR FREE FROM VIRUSES, WORMS, OR OTHER HARMFUL OR MALICIOUS COMPONENTS.
468 North Camden Drive, Suite 200
Los Angeles, CA 90210
iQX respects the intellectual property rights of others. If you believe that any Materials or other material available on the Services infringes your copyright or the copyright of any third party, please send written notice in accordance with the provisions of the Digital Millennium Copyright Act (“DMCA”) to our Designated Copyright Agent, who can be reached as follows. Please direct all copyright inquiries to firstname.lastname@example.org.
To be effective, notice must include the following in compliance with Section 512(c) of the DMCA:
(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 at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and specific information sufficient to permit us to locate the material;
(d) Information sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(e) A statement that you have 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 you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
468 North Camden Drive, Suite 200
Los Angeles, CA 90210
+1 (310) 564-1494
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material is infringing, you should contact an attorney prior to sending notice.After receiving notice, iQX may remove or disable access to infringing material.