Welcome to MainGate Tickets. MainGate Tickets provides its services to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. In addition, when using specific MainGate Tickets services, you and MainGate Tickets will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the MainGate Tickets website incorporated by reference herein, including but not limited to MainGate Tickets privacy and spam policies.
MainGate Tickets currently offers online services to event attendees and sponsors, enables networking between its members to make business contacts and friends. In addition, MainGate Tickets offers value added services through its website. Value added services are subject to Terms of Service.
In order to access the Services, you must obtain access to internet, and pay any service fees associated with such access. You must provide all equipment necessary to make such connection to the internet, including a computer and modem or other access device.
MainGate Tickets grants you a non-transferable, non-exclusive and terminable right and license to use its Software; provided that you do not (and any third party to)
MainGate Tickets alone shall own all right, title and interest, including all related Intellectual Property Rights, in and to the MainGate Tickets Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the MainGate Tickets Technology or the Intellectual Property Rights owned by MainGate Tickets. The MainGate Tickets name, MainGate Tickets.com, MainGate Tickets.com logo, and the product names associated with the Service are trademarks of MainGate Tickets or its partners, and no right or license is granted to use them.
The security of your Data may be maintained through the use of data encryption, data security protocols, passwords and other methods which MainGate Tickets may employ, or which MainGate Tickets may suggest or require that you employ.
You agree that MainGate Tickets has no responsibility or liability either for the deletion or failure to store any Data transmitted by you or anyone else to the Services or the operation, or failure, or weakness, of any data encryption, data security protocols, passwords or other security methods employed by MainGate Tickets. You, not MainGate Tickets, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and MainGate Tickets shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. Upon termination, your right to access or use Customer Data immediately ceases, and MainGate Tickets shall have no obligation to maintain or forward any Customer Data.
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data.
You shall
a. You understand and agree that MainGate Tickets may review and delete any content, messages, photos or profiles (collectively, "Content") that in the sole judgment of MainGate Tickets violate this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Members.
b. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service, or transmit to other Members.
c. You acknowledge and agree that if you contribute, provide or make available any Content to the Site ("Your Content"), whether as an Event Manager, Buyer or otherwise, you hereby grant to MainGate Tickets a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit Your Content, in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any other provider of Your Content. You represent and warrant that you have all the rights, power and authority necessary to grant the foregoing license, and that all Your Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, and (ii) complies with all applicable laws and regulations (foreign and domestic). MainGate Tickets reserves the right to remove any of Your Content from the Site at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Your Content) or no reason.
Any terms, conditions, warranties or representations associated with Event manager, Partner, Sponsor, Advertiser services (collectively, "Third Parties"), is solely between you and the applicable Third Party. MainGate Tickets shall have no liability, obligation or responsibility for any purchase or promotion between you and any such Third Party.
Signing up for a MainGate Tickets membership is free. MainGate Tickets reserves the right to charge for the MainGate Tickets Service or any portion thereof, modify the pricing of, add to, or discontinue the Service or any portion thereof without prior notice. You agree to provide MainGate Tickets with complete and accurate contact information. If the contact information you have provided is false or fraudulent, MainGate Tickets reserves the right to terminate your access to the Service in addition to any other legal remedies.
If you are using this service as an event organizer or acting on behalf of one, your registration for and use of the service signifies your agreement to abide by the prevailing service charges established by MainGate Tickets. These charges apply to the usage of the service.
As part of your event setup, you will have the flexibility to either absorb the MainGate Fee or pass it on to the customer. For Stripe customers, the fee is automatically collected and disbursed to MainGate Tickets at the time of customer checkout. In addition, customers may be present with optional third-party affiliates which are also collected and automatically distributed to MainGate Tickets during checkout.
In the event is cancelled for any reason, the event organizer is required to offer ticketholders the choice of either transferring their tickets to a future available event date or receiving a refund for their purchase. It's important to note that the fees associated with the MainGate Tickets and its third-party affiliates are non-refundable. When processing a customer refund, you have the flexibility to either refund their full purchase amount, including fees (by default), or specify a different amount with fees deducted, as agreed upon by you and your customers.
For event organizers not utilizing Stripe, MainGate Tickets is responsible for collecting all funds, which are subsequently disbursed to the event organizer upon the event's conclusion. MainGate Tickets reserves the right to retain a portion of the collected funds for a maximum period of 12 months, as it deems necessary to cover any chargebacks initiated by your ticketholders. Each chargeback will result in a $15 fee, which is determined by our credit card processor.
You may terminate your membership at any time, for any reason. You agree that MainGate Tickets may, with or without cause, immediately terminate your MainGate Tickets membership and access to the MainGate Tickets service without prior notice. You agree and acknowledge that MainGate Tickets has no obligation to retain the your Data, and may delete such Data, after termination.
Any breach of unauthorized use of the MainGate Tickets Technology or Service will be deemed a material breach of this Agreement. MainGate Tickets, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement.
MAINGATE TICKETS AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. MAINGATE TICKETS AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT
MAINGATE TICKETS SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MAINGATE TICKETS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
Any notices shall be given by postal mail to MainGate Tickets Attn: 9595 Six Pines Drive The Woodlands, TX 77379 (in the case of MainGate Tickets) or to the email address you provide to MainGate Tickets during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to MainGate Tickets during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
MainGate Tickets reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
This Agreement shall be governed in all respects by the laws of the State of Texas as such laws are applied to agreements entered into and to be performed entirely within Texas between Texas residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by MainGate Tickets in accordance with Section 17 "Notices", in our sole discretion, Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and MainGate Tickets and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.