Our terms of service are intended to define the policies that allow our clients to use our platform, software, & image.
ViewStub™ End User Terms of Service
Last Modified: September 08, 2022
Important Notice: at this time the Services may not be accessed or used by persons (1) under the age of 18, or (2) from outside of the United States. Please see Section “l” below titled “Geographic, Residency and Age Restrictions” for more information.
Important Notice: In the unlikely event that any dispute between you and the Licensor is not resolved by Licensor’s customer service team or consultations between you and the Licensor, these Terms of Service require arbitration on an individual basis, rather than jury trials or class actions. Please see Section “v” below titled “Dispute Resolution; Binding Arbitration; Governing Law” to learn more.
ViewStub, Inc., a Delaware corporation (“Licensor”), provides access to: (i) its website viewstub.com, any of such website’s subpages and any other website where Licensor posts these Terms of Service (collectively, the “Website”) to visitors and other users thereof, and (ii) its online ticketing and event marketing and management platform, known in the marketplace as ViewStub™ (the “Platform), whether accessed on and through the Website or through its downloadable ViewStub™ mobile application (the “App,” and, together with the Platform and Website, the “Services”) to registered users thereof. “You” are an individual user of Licensor’s Services. Your authorization and/or license to access and use the Services is subject to your prior acceptance of and your full compliance with these Terms of Service (these “Terms of Service”). Licensor reserves all rights in and to the Services not expressly granted to you under these Terms of Service.
These Terms of Service only permit use of Licensor’s Services for an individual’s own, personal use. These Terms of Service do not govern or permit access to and use of the Services by event venues, event organizers or other businesses that are actual or prospective business subscribers to Licensor’s business-facing version of the Services (“Event Organizers”). Access to the Services by such parties is governed by Licensor’s separate ViewStub™ Strategic Alliance Agreement, and no Event Organizers may access and use Licensor’s Services unless and until they have entered into the Strategic Alliance Agreement.
BY ACCESSING, DOWNLOADING AND/OR USING THE SERVICES, OR BY CHECKING OR CLICKING THE “AGREE,” “I CONSENT” OR SIMILAR BUTTON OR BOX IF AND WHEN THIS OPTION IS PRESENTED TO YOU, YOU:
(A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF SERVICE;
(B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER OR OTHERWISE OF LEGAL AGE TO ENTER INTO A BINDING LEGAL AGREEMENT;
(C) REPRESENT THAT YOU PRESENTLY COMPLY AND WILL AT ALL TIMES COMPLY WITH ALL GEOGRAPHIC, RESIDENCY AND AGE RESTRICTIONS SET FORTH IN SECTION “l” BELOW TITLED “GEOGRAPHIC, RESIDENCY AND AGE RESTRICTIONS”; AND
(D) AGREE TO AND ACCEPT THESE TERMS OF SERVICE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS, DOWNLOAD, INSTALL OR USE THE SERVICES.
(i) Disclaimer. The Services are designed to, among other things, enable users to purchase tickets to events hosted by Event Organizers. The Licensor contracts with Event Organizers to offer technology solutions used by them to (among other things) sell tickets to their events. The Licensor does not host, produce, organize or offer any events to anyone. The Licensor does not in any way undertake on your behalf or on behalf of any third party to vet or validate the quality, availability, suitability, safety, legality or appropriateness of any events or event venues. Because the Licensor does not (and cannot) control the events or event venues, you understand and agree that the Licensor is not responsible for, and makes no representations, warranties, guarantees, indemnities or commitments of any kind or nature regarding, (i) the quality, timing, availability, suitability, reliability, safety or legality of any events or venues advertised or promoted by Event Organizers or others on or through the Services, (ii) the truth or accuracy of any advertisements, statements or promotional materials supplied by Event Organizers or others, (iii) the skills, talents, reputation, experience, influence, following, presence and/or qualifications of any Event Organizer personnel or any performers or other participants in any events, (iv) whether any venue, facilities or services offered by any Event Organizer or its contractors, agents or affiliates will meet your requirements, or (v) whether any venues or events will be high quality, available, suitable, legal, safe, and/or fit for their intended use. Tickets for popular events may sell quickly and may sell out—use of the Services does not guarantee availability of tickets for any events. The Licensor does not control, and is not responsible for, ticket inventory or availability. The availability of any events on or through the Services does not imply Licensor’s endorsement of such events, the Event Organizer or their personnel hosting the events, or any performers, contractors, agents, affiliates or other participants in the events—whether for the unique needs of a particular user or otherwise. A purchase of a ticket to an event is a purchase of a license to be on the venue’s premises or otherwise be in attendance at the applicable event. This license is a contract between you and the Event Organizer—the Licensor is not a party to such contract. If you are unsatisfied with any aspect of your event experience other than the technology solutions we offer to you and Event Organizers through the Services, then you must speak to a representative of the Event Organizer, and you must do so before the event has concluded. Event Organizer policies do not permit the Licensor to exchange or refund tickets other than in accordance with the Licensor’s refund policy set forth below. Additional terms and conditions for attendance at the event to which you purchased tickets may apply. Please check your tickets, the Event Organizer’s website and other communications received from the Event Organizer for details.
(ii) IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE EVENT ORGANIZERS, YOU HEREBY AGREE TO RELEASE THE LICENSOR (AND ALL OF ITS OFFICERS, DIRECTORS, SUBCONTRACTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
(iii) Fees and Payment Method. Payment in full for tickets or any other products or services provided through the Services is expected and required prior to delivery of any tickets, products or services through the Services. The Licensor’s convenience or other fees and charges, as well as individual ticket or other product or service pricing, are all subject to change at any time. You must pay the full amount specified at check-out, subject to any additional terms and conditions (including Promotions, as defined below) set forth at the time of check-out. All charges for tickets or other products or services purchased through the Services or otherwise (“Fees”) are due immediately when incurred. To make payment of any Fees you incur while using the Services, you will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”). Accepted forms of Payment Accounts are as indicated to you at check-out. At the discretion of the Event Organizer, however, certain forms of Payment Accounts may not be available or accepted for certain events. Payment will be made for any Fees by charging the Payment Account provided. It is your responsibility and obligation to provide accurate information pertaining to your Payment Account and to keep all such information current. By providing any payment information to Licensor or its third party payments processor, you represent and warrant to Licensor that you are authorized to use the payment instrument provided for payment of all Fees under these Terms of Service. For processing orders, the Licensor requires verification of the Payment Account information and other billing information, including the billing address. Submitting incorrect information may cause delayed processing and delivery. The Licensor may attempt to contact you regarding problems verifying your information. If the Licensor has reason to believe your purchase is fraudulent or otherwise in violation of these Terms of Service, the Licensor may cancel your order in its sole and absolute discretion. It is your responsibility to ensure the applicable Payment Account has sufficient funds. Licensor shall not be responsible for bank or credit card fees associated with an overdraft on the applicable Payment Account. After submitting payment information, if for whatever reason you do not receive an order confirmation through a page on the Services or a confirmation e-mail or you are experiencing an error message, it is your responsibility to confirm with the Licensor’s customer service representatives whether your order has been processed. The Licensor will not be responsible for losses (monetary or otherwise) you experience if you assume that an order was placed but for which you have not received a purchase confirmation. Failure to provide up-to-date and accurate Payment Account information may result in, but is not limited to, inability to complete desired ticket orders (and loss of reservation of selected tickets). Licensor also reserves the right to charge additional processing or late fees, determined in its sole discretion, if your Payment Account is not up-to-date, accurate or otherwise able to be used by Licensor to charge the Fees.
(iv) Promotional Pricing. Your use of the Services may start with or otherwise be offered with a free trial offer, promotional pricing or other discount (a “Promotion”). Promotions apply only for the specified period and only on the terms as specified. Licensor reserves the right, in its sole discretion, to determine your Promotion eligibility and will notify offenders of any perceived fraudulent activity, which may result in, but is not limited to, suspension or termination of your access to the Services (in addition to, and not in lieu of, Licensor’s other rights under these Terms of Service, at law or in equity).
(v) Ticket Limits. In order to prevent abusive or unfair ticket purchasing practices, the Licensor (either in its sole discretion or at the request of Event Organizers) reserves the right to (a) limit the maximum number of tickets you may purchase, for any one event or for multiple events over time, and/or (b) cancel any or all orders and tickets if you exceed the maximum ticket limits (such as in the case where you have placed multiple ticket orders using the same name, e-mail address, billing address, Payment Account or other information).
(vi) Canceled or Postponed Events. Sometimes weather conditions or other considerations make events impossible to complete. The Event Organizer (not the Licensor) is responsible for determining cancellation or postponement of events due to weather or other circumstances. The Licensor will issue refunds only if an event is canceled in its entirety. Refunds for postponed or rescheduled events will be provided only in accordance with the Event Organizer’s policies or instructions, which are made or given in the Event Organizer’s sole discretion. If a refund is issued in any circumstance, such refunds will automatically be applied to the Payment Account used by you at the time of ticket purchase. In such instances, refunds will generally appear on your next account statement depending on your billing cycle. Refunds for canceled events (or events where the Event Organizer has otherwise agreed to provide a refund) include the price of the ticket and the per ticket convenience charge(s), but do not include any per order special handling charges if any fees or charges are collected for a specific delivery option chosen by you.
(vii) Refunds and Exchanges. Before purchasing tickets, it is your responsibility to carefully review your seat location, event, event location, event date and time and number of tickets. Whether refunds or exchanges are permitted after an order is placed will be determined by the policies and instructions of the responsible Event Organizer, which are made or given in the Event Organizer’s sole discretion.
(viii) Unlawful Resale and Counterfeiting. Unless expressly otherwise provided in writing (such as through terms and conditions printed on your ticket), tickets are non-transferable and may not be resold. Counterfeiting or making unauthorized copies of tickets is strictly prohibited and constitutes a violation of these Terms of Service. Tickets improperly resold or attempted to be resold, and any counterfeit tickets or unauthorized copies of tickets, may be seized and canceled without compensation. The Licensor reserves the right to restrict or deny ticket purchasing privileges to, or to cancel any tickets purchased by, anyone that the Licensor determines to be, or has been, in violation of these Terms of Service, without compensation. You agree not to sell, reproduce for sale, alter, counterfeit or make unauthorized copies of any tickets for any reason, and you assume all financial liability resulting from any such actions.
(ix) Other Important Information Regarding Events and Tickets. The Licensor does not guarantee the form in which you will receive your tickets. Tickets may be re-issued via a different channel when requested by the Event Organizers. If the amount you pay for a ticket is incorrect (regardless of whether there was an error in the price posted on the Services), if you are able to order a ticket before its designated on-sale date, or if you are able to order a ticket that is not supposed to be available for sale, the Licensor reserves the right to cancel that order or ticket and refund to you the full amount that you paid, including fees. Your right to attend events to which you have purchased tickets is subject to and conditioned upon your compliance with an Event Organizer’s rules and policies for attendance at its venue. Upon your entry into an event, you and your belongings may be subject to search. You hereby consent to such searches and waive any claims that may arise from such searches. If you refuse to undergo such searches, you may be denied entry to the event without refund or other compensation. Some venues may prohibit certain items from being brought onto the premises, including but not limited to, alcohol, drugs, cameras, recording devices, laser pointers, and containers. Event Organizer personnel reserve the right to refuse admission to, or eject, any person whose conduct the management deems to be disorderly, disruptive, inappropriate or otherwise not in accordance with the applicable venue’s rules and policies. Breach of such rules or policies will terminate your license to attend the applicable event and will not result in a refund. The Licensor encourages you to review and understand all such venue rules and policies prior to traveling to the applicable event venue.
(i) PLEASE READ THIS SECTION CAREFULLY, BECAUSE THE LICENSOR WANTS YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.
(ii) If you have an issue with the Services, we encourage you to review our frequently asked questions page or contact a member of our customer support team.
(iii) If the guidance available on the frequently asked questions page or consultation with our customer support team is unable to resolve any issues, then you and the Licensor agree to first attempt to settle any claim, controversy or dispute arising out of or relating to these Terms of Service through consultation and negotiation, in good faith and a spirit of mutual cooperation.
(iv) If the parties cannot resolve the claim, controversy or dispute within forty-five (45) days through direct consultation and negotiation, then the claim, controversy or dispute shall be determined by final and binding arbitration to be administered by JAMS under its Comprehensive Arbitration Rules and Procedures. The dispute shall be arbitrated by one arbitrator that is reasonably acceptable to both parties. If the parties are unable to agree upon a single arbitrator, then the parties shall choose an arbitrator by striking from a list of arbitrators supplied by JAMS. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrators shall be final and binding and may be enforced in any court of competent jurisdiction.
(v) The procedures set forth in this subsection “v” are the exclusive means for resolving any claims, controversies or disputes of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Services, these Terms of Service or the validity, scope, interpretation or enforceability of this subsection “v,” and, except as otherwise expressly provided in this subsection “v,” neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this subsection “v.” However, with respect to injunctive or other equitable relief to prevent or require the cessation of breaches of the parties’ express obligations under (and/or the limitations, restrictions and prohibitions under) these Terms of Service, alternatively, the parties hereby submit to exclusive venue in, and jurisdiction of the courts located in Orlando, Florida.
(vi) These Terms of Service and the rights the parties hereunder shall be governed by and construed in accordance with the laws of the United States and the State of Florida, as applicable, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that these Terms of Service evidence a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms of Service shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
(vii) YOU AND THE LICENSOR AGREE TO ARBITRATE IN EACH PARTY’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL ONLY CONSIDER YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS, WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND THE LICENSOR UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SUBSECTION “v,” NEITHER YOU NOR THE LICENSOR WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
(viii) All disputes between the parties and all arbitration proceedings will be private and confidential and, except as may be required by law, neither you nor the Licensor nor any arbitrator may disclose the existence, content or results of any claim, controversy or dispute under arising out of or relating to these Terms of Service or arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.
(ix) Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of Florida located in Orlando, Florida, and you and the Licensor hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.
(x) This agreement to arbitrate may be enforced by the parties to these Terms of Service and their permitted successors and assigns or their heirs, executors, administrators, affiliates and legal representatives (as applicable), and shall survive the termination or breach of these Terms of Service.
4530 S. Orange Blossom Trail #976
Orlando, FL 32839
In the future, we may update these Terms to clarify our practices or to reflect new or different practices (adjustments, added features, etc.). ViewStub reserves the right in its sole discretion to modify and/or make changes to these Terms at any time. If we make any material change, we may notify you using prominent means such as by email notice sent to the email address specified in your account or by posting a notice through our Services. Modifications to these Terms will become effective on the day they are posted unless stated otherwise. Your continued use of our services after changes become effective indicates that you accept those changes.
Any and all revised Terms shall supersede all previous Terms.
Last updated: 09/08/22